Amendment ASA2-AB706

LRBs0539/2

RN/MS/RC/PN:kg/sg:jb

1995 - 1996 LEGISLATURE

ASSEMBLY SUBSTITUTE AMENDMENT 2, To 1995 ASSEMBLY BILL 706

March 22, 1996 - Offered by Joint committee on Finance.

AB706-ASA2,2,10 An Act to repeal 45.76 (1) (c) 1. a. to d.; to renumber 45.35 (5) (a) to (h); to renumber and amend 45.35 (5) (intro.), 45.35 (5m), 45.358 (1), 45.71 (16) (a) 1. to 10., 45.76 (1) (c) 1. (intro.), 71.03 (7) and 71.85 (3); to consolidate, renumber and amend 45.71 (16) (intro.) and (a) (intro.); to amend 25.36 (1), 45.01, 45.16, 45.25 (2) (b), 45.25 (2) (d), 45.25 (3) (a), 45.34 (title), 45.35 (5) (title), 45.358 (2), 45.358 (3), 45.37 (1a), 45.37 (3) (b), 45.37 (15) (a) and (b), 45.42 (1), 45.42 (2), 45.43 (1) (a), 45.43 (6) (b), 45.71 (16) (b) and (c), 45.73 (2), 45.74 (1) (intro.), 45.745 (1), 45.79 (5) (a) 9., 230.03 (14) (b), 230.03 (14) (c), 341.08 (7), 341.14 (6) (a) and 343.20 (4); and to create 20.485 (2) (yg), 45.015, 45.34 (5), 45.35 (5) (a) 1. (intro.) and 2. (intro.), 45.35 (5m) (b), 45.358 (1) (a), 45.358 (3) (e), (f) and (g), 45.43 (8), 45.71 (16) (a) 1m. (intro.) and 2m. (intro.), 71.03 (7) (b), 71.05 (6) (b) 22., 71.05 (6) (b) 23. and 71.85 (3) (b) of the statutes; relating to: eligibility for veterans programs; defining service in the Balkan area; exemption of veterans cemeteries from certain requirements; acquisition of home loan revenue bonds; delaying the expiration dates of operator's licenses and motor vehicle registration of certain active-duty U.S. armed forces personnel; extending eligibility and employer contributions toward premium payments for health insurance coverage under the state health insurance plan for certain state and authority employes who are serving in the Balkan area; creating an individual income tax exemption for pay received from the federal government by certain members of the armed forces participating in Operation Balkan Endeavor; abating the interest and penalties otherwise due on certain tax returns for certain members of the military; exempting certain members of the armed forces participating in Operation Balkan Endeavor or a successor operation from interest otherwise due for filing income tax returns after April 15, 1996; and making an appropriation.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB706-ASA2, s. 1 Section 1. 20.485 (2) (yg) of the statutes is created to read:

AB706-ASA2,2,14 20.485 (2) (yg) Acquisition of 1981 revenue bond mortgages. A sum sufficient to acquire the outstanding mortgages issued with the proceeds of the 1981 veterans home loan revenue bond issuance.

AB706-ASA2, s. 2 Section 2. 25.36 (1) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB706-ASA2,3,9 25.36 (1) Except as provided in sub. (2), all moneys appropriated or transferred by law shall constitute the veterans trust fund which shall be used exclusively for the purchase of mortgages issued with the proceeds of the 1981 veterans home loan revenue bond issuance in an amount sufficient to retire that bond issue or for the veterans programs under ss. 20.485 (2) (m), (mn), (tm), (u), (v), (vo), (w), (z) and (zm), 45.01, 45.25, 45.351 (1) and (2), 45.353, 45.356, 45.357, 45.396, 45.397 and 45.43 (7) and administered by the department of veterans affairs, including all moneys received from the federal government for the benefit of veterans or their dependents; all moneys paid as interest on and repayment of loans under the post-war rehabilitation fund; soldiers rehabilitation fund, veterans housing funds as they existed prior to July 1, 1961; all moneys paid as interest on and repayment of loans under this fund; all moneys paid as expenses for, interest on and repayment of veterans trust fund stabilization loans; all mortgages issued with the proceeds of the 1981 veterans home loan revenue bond issuance purchased with moneys in the veterans trust fund; and all gifts of money received by the board of veterans affairs for the purposes of this fund.

AB706-ASA2, s. 3 Section 3. 45.01 of the statutes is amended to read:

AB706-ASA2,3,18 45.01 Wisconsin veterans museum; space for. The department of administration shall provide suitable space for the purpose of a memorial hall, designated as the Wisconsin veterans museum, dedicated to the men and women of Wisconsin who served in the armed forces of the United States in the civil war of 1861 to 1865 or in any subsequent wars, as enumerated in s. 45.35 (5) (a) to (g) (e), or in Bosnia, Grenada, Lebanon, Panama, Somalia or a Middle East crisis under s. 45.34, and the department of veterans affairs shall operate and conduct the Wisconsin veterans museum.

AB706-ASA2, s. 4 Section 4. 45.015 of the statutes is created to read:

AB706-ASA2,3,23 45.015 Eligibility for benefits. Any person whose service on active duty with the U.S. armed forces or in forces incorporated as part of the U.S. armed forces makes that person eligible for general U.S. department of veterans affairs benefits shall be considered to have served under honorable conditions for purposes of this chapter.

AB706-ASA2, s. 5 Section 5. 45.16 of the statutes is amended to read:

AB706-ASA2,4,20 45.16 Burial allowance. Each county veterans' service officer shall cause to be interred in a decent and respectable manner in any cemetery in this state, other than those used exclusively for the burial of paupers, the body of any person who served in any war of the United States, in the Korean conflict, in the Vietnam war, under section 1 of executive order 10957, dated August 10, 1961, or had service that entitled the person to receive the armed forces expeditionary medal, established by executive order 10977 on December 4, 1961, the Vietnam service medal established by executive order 11231 on July 8, 1965, the navy expeditionary medal or the marine corps expeditionary medal or who served in Bosnia, Grenada, Lebanon, Panama, Somalia or a Middle East crisis under s. 45.34 and who was discharged under honorable conditions after 90 days or more of active service, in the U.S. armed forces, or if having served less than 90 days was honorably discharged for a disability incurred in line of duty and who was living in the county at the time of death, and who dies not leaving sufficient means to defray the necessary expenses of a decent burial, or under financial circumstances that would distress the person's family to pay the expenses of the burial, and the body of a spouse or surviving spouse of the person who dies not leaving such means or under the same financial circumstances and who was living in the county at the time of death, at an expense to the county of not more than $300 in addition to the burial allowance payable under laws administered by the U.S. department of veterans affairs.

AB706-ASA2, s. 6 Section 6. 45.25 (2) (b) of the statutes is amended to read:

AB706-ASA2,5,3 45.25 (2) (b) The individual served on active duty , except service on active duty for training purposes, under honorable conditions other than dishonorable in the U.S. armed forces for 2 continuous years or more or the full period of the individual's initial service obligation, whichever is less. An individual discharged for reasons of hardship or a service-connected disability or released due to a reduction in the U.S. armed forces prior to the completion of the required period of service is eligible, regardless of the actual time served.

AB706-ASA2, s. 7 Section 7. 45.25 (2) (d) of the statutes is amended to read:

AB706-ASA2,5,14 45.25 (2) (d) The individual is a resident at the time of application for the tuition and fee reimbursement program and was a Wisconsin resident at the time of entry or reentry into service or for the 5-year period immediately preceding application for the tuition and fee reimbursement program was a resident for any consecutive 5-year period after completing service on active duty and before the time of application. If a person applying for a benefit under this section meets that 5-consecutive-year residency requirement, the department may not require the person to reestablish that he or she meets the 5-consecutive-year residency requirement when he or she later applies for any other benefit under this chapter that requires a 5-consecutive-year residency.

AB706-ASA2, s. 8 Section 8. 45.25 (3) (a) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB706-ASA2,6,2 45.25 (3) (a) An individual who meets the requirements under sub. (2), upon satisfactory completion of an undergraduate semester in any institution or center within the university of Wisconsin system or a semester at any technical college district school under ch. 38, may be reimbursed for up to 35% 50% of the individual's tuition and fees, other than textbooks and other costs, charged by the institution, center or school, or the difference between the individual's tuition and fees and the grants or scholarships, including those made under s. 21.49, that the individual receives specifically for the payment of the tuition or fees, whichever is less. Reimbursement is available only for tuition and fees that are part of a curriculum that is relevant to a degree in a particular course of study at the institution, center or school.

AB706-ASA2, s. 9 Section 9. 45.34 (title) of the statutes is amended to read:

AB706-ASA2,6,5 45.34 (title) Lebanon, Grenada, Middle East crisis, Panama, Bosnia and Somalia.

AB706-ASA2, s. 10 Section 10. 45.34 (5) of the statutes is created to read:

AB706-ASA2,6,13 45.34 (5) Service in Bosnia. A person shall be considered to have served in Bosnia if the person served for 90 days or more in support of Operation Balkan Endeavor or served for 90 days or more in Austria, Bosnia-Hezegovina, Czech Republic, Croatia, Hungary, Macedonia, Montenegro, Serbia including the autonomous provinces of Kosovo and Vojvodina, Slovakia or Slovenia, or in territorial waters adjacent to any of those countries, under all of the following conditions:

AB706-ASA2,6,15 (a) Under an active duty order, an involuntary extension of an active duty order or a unit assignment order.

AB706-ASA2,6,16 (b) Under honorable conditions.

AB706-ASA2,6,19 (c) Between December 1, 1995, and the ending date of Operation Balkan Endeavor or a successor operation, as established by the department of veterans affairs by rule.

AB706-ASA2, s. 11 Section 11. 45.35 (5) (title) of the statutes is amended to read:

AB706-ASA2,6,21 45.35 (5) (title) Veteran defined; benefit.

AB706-ASA2, s. 12 Section 12. 45.35 (5) (intro.) of the statutes is renumbered 45.35 (5) (a) (intro.) and amended to read:

AB706-ASA2,7,3 45.35 (5) (a) (intro.) "Veteran" as used in this chapter, except in s. 45.37 and unless otherwise modified, means any person who has served on active duty under honorable conditions in the U.S. armed forces or in forces incorporated as part of the U.S. armed forces, except service on active duty for training purposes, and who meets the following conditions:

AB706-ASA2,7,5 1. a. Has served in Bosnia, Grenada, Lebanon, Panama, Somalia or a Middle East crisis under s. 45.34 or whose service.

AB706-ASA2,7,9 b. Was entitled the veteran to receive the armed forces expeditionary medal, established by executive order 10977 on December 4, 1961, the Vietnam service medal established by executive order 11231 on July 8, 1965, the navy expeditionary medal or the marine corps expeditionary medal or any person who served.

AB706-ASA2,7,15 c. Has served for 90 days or more during a war period as enumerated under pars. (a) to (h) par. (e) or under section 1 of executive order 10957 dated August 10, 1961, or if having served less than 90 days was honorably discharged for a service-connected disability or for a disability subsequently adjudicated to have been service connected or died in service, who is either a resident of and living in this state at the time of making application or is deceased, and whose.

AB706-ASA2,7,19 2. a. His or her selective service local board, if any, and home of record at time of entry or reentry into active service as shown on the veteran's report of separation from the U.S. armed forces for a qualifying period were in this state or who was either;.

AB706-ASA2,7,21 b. Was a resident of this state at the time of entry or reentry into active duty or has.

AB706-ASA2,8,3 c. Has been a resident of this state for at least 10 years next preceding the veteran's any consecutive 5-year period after completing service on active duty and before his or her application or death. If a person applying for a benefit under this subchapter meets that 5-consecutive-year residency requirement, the department may not require the person to reestablish that he or she meets the 5-consecutive-year residency requirement when he or she later applies for any other benefit under this chapter that requires a 5-consecutive-year residency.

AB706-ASA2,8,7 (b) If the person had more than one qualifying term of service under par. (a) 1., at least one term of service must have been under honorable conditions or have been terminated by an honorable discharge for the purpose of establishing eligibility under this section and s. 45.37 (1a).

AB706-ASA2,8,10 (c) Veterans who are otherwise eligible and who are serving on active duty in the U.S. armed forces need not be living in this state on date of application to qualify for benefits from the department.

AB706-ASA2,8,18 (d) The benefits available to veterans are also available to the unremarried surviving spouses and minor or dependent children of deceased veterans if the unremarried surviving spouses or minor or dependent children are residents of and living in this state at the time of making application. Any person whose service on active duty with the U.S. armed forces or in forces incorporated as part of the U.S. armed forces makes the person eligible for general U.S. department of veterans affairs benefits shall be deemed to have served under honorable conditions for the purpose of this subsection and s. 45.37 (1a).

AB706-ASA2,8,19 (e) The following are designated as war periods:

AB706-ASA2, s. 13 Section 13. 45.35 (5) (a) to (h) of the statutes are renumbered 45.35 (5) (e) 1. to 8.

AB706-ASA2, s. 14 Section 14. 45.35 (5) (a) 1. (intro.) and 2. (intro.) of the statutes are created to read:

AB706-ASA2,8,25 45.35 (5) (a) 1. (intro.) The person is a resident of and living in this state at the time of making application, or is deceased, and meets one of the following conditions:

AB706-ASA2,9,2 2. (intro.) The person is a resident of and living in this state at the time of making application or is deceased, and meets one of the following conditions:

AB706-ASA2, s. 15 Section 15. 45.35 (5m) of the statutes is renumbered 45.35 (5m) (a), and 45.35 (5m) (a) 2., as renumbered, is amended to read:

AB706-ASA2,9,10 45.35 (5m) (a) 2. Any child of the veteran under 18 years of age, or under the age of 26 if in full attendance at a recognized school of instruction, or of any age if incapable of self-support by reason of mental or physical disability. "Child" as used in this section means any natural child, any legally adopted child, any stepchild or child if a member of the veteran's household or any nonmarital child if the veteran acknowledges paternity or the same has been otherwise established.

AB706-ASA2, s. 16 Section 16. 45.35 (5m) (b) of the statutes is created to read:

AB706-ASA2,9,17 45.35 (5m) (b) For purposes of defining "dependent" under this subsection, "veteran" includes a person who served on active duty under honorable conditions in the U.S. armed forces or in forces incorporated as part of the U.S. armed forces, who was a resident of this state at the time of entry or reentry into active duty and who died while on active duty if that death was not the result of the veteran's wilful misconduct.

AB706-ASA2, s. 17 Section 17. 45.358 (1) of the statutes, as created by 1995 Wisconsin Act 27, is renumbered 45.358 (1) (intro.) and amended to read:

AB706-ASA2,9,20 45.358 (1) (title) Definition Definitions. (intro.) In this section, "veteran":

AB706-ASA2,9,22 (b) "Veteran" means a person who has served on active duty in the U.S. armed forces.

AB706-ASA2, s. 18 Section 18. 45.358 (1) (a) of the statutes is created to read:

AB706-ASA2,9,25 45.358 (1) (a) "Dependent child" means any natural or adoptive child under 18 years of age, or under the age of 26 if in full attendance at a recognized school of instruction, or of any age if the child is unmarried and incapable of self-support by reason of mental or physical disability.

AB706-ASA2, s. 19 Section 19. 45.358 (2) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB706-ASA2,10,14 45.358 (2) Construction and operation of cemeteries. Subject to authorization under ss. 13.48 (10) and 20.924 (1), the department of veterans affairs may construct and operate veterans cemeteries in northwestern and southeastern Wisconsin and may employ such personnel as are necessary for the proper management of the cemeteries. The department may acquire, by gift, purchase or condemnation, lands necessary for the purposes of the cemeteries. Title to the properties shall be taken in the name of this state. Every deed of conveyance shall be immediately recorded in the office of the proper register of deeds and thereafter filed with the secretary of state. All cemeteries operated by the department are exempt from the requirements of ss. 157.061 to 157.70 and 440.90 to 440.95.

AB706-ASA2, s. 20 Section 20. 45.358 (3) of the statutes, as created by 1995 Wisconsin Act 27, is amended to read:

AB706-ASA2,10,18 45.358 (3) Eligibility. The following persons are eligible for burial at a cemetery constructed and operated under sub. (2) or s. 45.37 (15):

AB706-ASA2,10,23 (a) A veteran who died while on active duty or who was discharged or released from active duty in the U.S. armed forces under honorable conditions and who was a resident of this state at the time of his or her entry or reentry into active service and his or her dependent children and unremarried surviving spouse who are residents of this state at the time of their deaths.

AB706-ASA2,11,3 (b) A veteran who was discharged or released from active duty in the U.S. armed forces under honorable conditions other than dishonorable and who was a resident of this state at the time of his or her death and his or her dependent children and unremarried surviving spouse who are residents of this state at the time of their deaths.

AB706-ASA2,11,7 (c) The spouse or dependent child of a veteran who is serving an on active duty at the time of the spouse's or dependent child's death if the veteran was a resident of this state at the time of the veteran's entry or reentry into active service and if the spouse was a resident of this state at the time of the spouse's death.

AB706-ASA2,11,12 (d) The spouse or dependent child of a veteran if the veteran was a resident of this state at the time of his or her entry or reentry into active service and was discharged or released from active duty in the U.S. armed forces under honorable conditions other than dishonorable and if the veteran and spouse were residents of this state at the time of the spouse's death.

AB706-ASA2, s. 21 Section 21. 45.358 (3) (e), (f) and (g) of the statutes are created to read:

AB706-ASA2,11,17 45.358 (3) (e) The spouse or dependent child of a veteran who was discharged or released from active duty in the U.S. armed forces under honorable conditions if the veteran and spouse or dependent child were residents of this state at the time of the spouse's or dependent child's death.

AB706-ASA2,11,25 (f) A person who was a resident of this state at the time of his or her death and who has 20 or more years of creditable military service for retirement pay as a member of the Wisconsin army national guard or air national guard or a reserve component of the U.S. armed forces or who would have been entitled to that retirement pay except that the person was under 60 years of age at the time of his or her death, and the person's spouse, unremarried surviving spouse and dependent children who are residents of this state at the time of the spouse's, unremarried surviving spouse's or dependent children's death.

AB706-ASA2,12,3 (g) A veteran who was discharged or released from active duty in the U.S. armed forces under honorable conditions and who was a resident of the state for at least 5 consecutive years after completing service on active duty.

AB706-ASA2, s. 22 Section 22. 45.37 (1a) of the statutes is amended to read:

AB706-ASA2,12,20 45.37 (1a) Definition of veteran. "Veteran" as used in this section Except as provided in sub. (15) (a) and (b), in this section "veteran" means any person who served on active duty under honorable conditions in the U.S. armed forces or in forces incorporated as part of the U.S. armed forces who was entitled to receive the armed forces expeditionary medal, established by executive order 10977 on December 4, 1961, the Vietnam service medal established by executive order 11231 on July 8, 1965, the navy expeditionary medal or the marine corps expeditionary medal or who served in Bosnia, Grenada, Lebanon, Panama, Somalia or a Middle East crisis under s. 45.34 or any person who served for at least one day during a war period, as defined in s. 45.35 (5) (a) to (h) (e) or under section 1 of executive order 10957, dated August 10, 1961, and who was officially reported missing in action, or killed in action or who died in service, or who was discharged under honorable conditions therefrom after 90 days or more of active service, or if having served less than 90 days was honorably discharged for a service-connected disability or for a disability subsequently adjudicated to have been service connected, or who died as a result of service-connected disability.