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
1An Act to repeal 45.76 (1) (c) 1. a. to d.;
to renumber 45.35 (5) (a) to (h);
to
2renumber and amend 45.35 (5) (intro.), 45.35 (5m), 45.358 (1), 45.71 (16) (a)
31. to 10., 45.76 (1) (c) 1. (intro.), 71.03 (7) and 71.85 (3);
to consolidate,
4renumber and amend 45.71 (16) (intro.) and (a) (intro.);
to amend 25.36 (1),
545.01, 45.16, 45.25 (2) (b), 45.25 (2) (d), 45.25 (3) (a), 45.34 (title), 45.35 (5) (title),
645.358 (2), 45.358 (3), 45.37 (1a), 45.37 (3) (b), 45.37 (15) (a) and (b), 45.42 (1),
745.42 (2), 45.43 (1) (a), 45.43 (6) (b), 45.71 (16) (b) and (c), 45.73 (2), 45.74 (1)
8(intro.), 45.745 (1), 45.79 (5) (a) 9., 230.03 (14) (b), 230.03 (14) (c), 341.08 (7),
9341.14 (6) (a) and 343.20 (4); and
to create 20.485 (2) (yg), 45.015, 45.34 (5),
1045.35 (5) (a) 1. (intro.) and 2. (intro.), 45.35 (5m) (b), 45.358 (1) (a), 45.358 (3)
11(e), (f) and (g), 45.43 (8), 45.71 (16) (a) 1m. (intro.) and 2m. (intro.), 71.03 (7) (b),
1271.05 (6) (b) 22., 71.05 (6) (b) 23. and 71.85 (3) (b) of the statutes;
relating to:
13eligibility for veterans programs; defining service in the Balkan area;
14exemption of veterans cemeteries from certain requirements; acquisition of
15home loan revenue bonds; delaying the expiration dates of operator's licenses
16and motor vehicle registration of certain active-duty U.S. armed forces
1personnel; extending eligibility and employer contributions toward premium
2payments for health insurance coverage under the state health insurance plan
3for certain state and authority employes who are serving in the Balkan area;
4creating an individual income tax exemption for pay received from the federal
5government by certain members of the armed forces participating in Operation
6Balkan Endeavor; abating the interest and penalties otherwise due on certain
7tax returns for certain members of the military; exempting certain members of
8the armed forces participating in Operation Balkan Endeavor or a successor
9operation from interest otherwise due for filing income tax returns after April
1015, 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
11Section
1. 20.485 (2) (yg) of the statutes is created to read:
AB706-ASA2,2,1412
20.485
(2) (yg)
Acquisition of 1981 revenue bond mortgages. A sum sufficient
13to acquire the outstanding mortgages issued with the proceeds of the 1981 veterans
14home loan revenue bond issuance.
AB706-ASA2,3,917
25.36
(1) Except as provided in sub. (2), all moneys appropriated or transferred
18by law shall constitute the veterans trust fund which shall be used exclusively for
the
19purchase of mortgages issued with the proceeds of the 1981 veterans home loan
20revenue bond issuance in an amount sufficient to retire that bond issue or for the
21veterans programs under ss. 20.485 (2) (m), (mn), (tm), (u), (v), (vo), (w), (z) and (zm),
2245.01, 45.25, 45.351 (1) and (2), 45.353, 45.356, 45.357, 45.396, 45.397 and 45.43 (7)
23and administered by the department of veterans affairs, including all moneys
1received from the federal government for the benefit of veterans or their dependents;
2all moneys paid as interest on and repayment of loans under the post-war
3rehabilitation fund; soldiers rehabilitation fund, veterans housing funds as they
4existed prior to July 1, 1961; all moneys paid as interest on and repayment of loans
5under this fund; all moneys paid as expenses for, interest on and repayment of
6veterans trust fund stabilization loans;
all mortgages issued with the proceeds of the
71981 veterans home loan revenue bond issuance purchased with moneys in the
8veterans trust fund; and all gifts of money received by the board of veterans affairs
9for the purposes of this fund.
AB706-ASA2,3,18
1145.01 Wisconsin veterans museum; space for. The department of
12administration shall provide suitable space for the purpose of a memorial hall,
13designated as the Wisconsin veterans museum, dedicated to the men and women of
14Wisconsin who served in the armed forces of the United States in the civil war of 1861
15to 1865 or in any subsequent wars, as enumerated in s. 45.35 (5)
(a) to (g) (e), or in
16Bosnia, Grenada, Lebanon, Panama, Somalia or a Middle East crisis under s. 45.34,
17and the department of veterans affairs shall operate and conduct the Wisconsin
18veterans museum.
AB706-ASA2,3,23
2045.015 Eligibility for benefits. Any person whose service on active duty with
21the U.S. armed forces or in forces incorporated as part of the U.S. armed forces makes
22that person eligible for general U.S. department of veterans affairs benefits shall be
23considered to have served under honorable conditions for purposes of this chapter.
AB706-ASA2,4,20
145.16 Burial allowance. Each county veterans' service officer shall cause to
2be interred in a decent and respectable manner in any cemetery in this state, other
3than those used exclusively for the burial of paupers, the body of any person who
4served in any war of the United States, in the Korean conflict, in the Vietnam war,
5under section 1 of executive order 10957, dated August 10, 1961, or had service that
6entitled the person to receive the armed forces expeditionary medal, established by
7executive order 10977 on December 4, 1961, the Vietnam service medal established
8by executive order 11231 on July 8, 1965, the navy expeditionary medal or the marine
9corps expeditionary medal or who served in
Bosnia, Grenada, Lebanon, Panama,
10Somalia or a Middle East crisis under s. 45.34 and who was discharged under
11honorable conditions after 90 days or more of active service, in the U.S. armed forces,
12or if having served less than 90 days was honorably discharged for
a disability
13incurred in line of duty and who was living in the county at the time of death, and
14who dies not leaving sufficient means to defray the necessary expenses of a decent
15burial, or under financial circumstances that would distress the person's family to
16pay the expenses of the burial, and the body of a spouse or surviving spouse of the
17person who dies not leaving such means or under the same financial circumstances
18and who was living in the county at the time of death, at an expense to the county
19of not more than $300 in addition to the burial allowance payable under laws
20administered by the U.S. department of veterans affairs.
AB706-ASA2,5,322
45.25
(2) (b) The individual served on active duty
, except service on active duty
23for training purposes, under
honorable conditions
other than dishonorable in the
24U.S. armed forces for 2
continuous years or more or the full period of the individual's
25initial service obligation, whichever is less. An individual discharged for reasons of
1hardship or a service-connected disability or released due to a reduction in the U.S.
2armed forces prior to the completion of the required period of service is eligible,
3regardless of the actual time served.
AB706-ASA2,5,145
45.25
(2) (d) The individual
is a resident at the time of application for the
6tuition and fee reimbursement program and was a Wisconsin resident at the time of
7entry or reentry into service or
for the 5-year period immediately preceding
8application for the tuition and fee reimbursement program was a resident for any
9consecutive 5-year period after completing service on active duty and before the time
10of application. If a person applying for a benefit under this section meets that
115-consecutive-year residency requirement, the department may not require the
12person to reestablish that he or she meets the 5-consecutive-year residency
13requirement when he or she later applies for any other benefit under this chapter
14that requires a 5-consecutive-year residency.
AB706-ASA2,6,217
45.25
(3) (a) An individual who meets the requirements under sub. (2), upon
18satisfactory completion of an undergraduate semester in any institution or center
19within the university of Wisconsin system or a semester at any technical college
20district school under ch. 38, may be reimbursed for up to
35% 50% of the individual's
21tuition and fees, other than textbooks and other costs, charged by the institution,
22center or school, or the difference between the individual's tuition and fees and the
23grants or scholarships, including those made under s. 21.49, that the individual
24receives specifically for the payment of the tuition or fees, whichever is less.
25Reimbursement is available only for tuition and fees that are part of a curriculum
1that is relevant to a degree in a particular course of study at the institution, center
2or school.
AB706-ASA2,6,5
445.34 (title)
Lebanon, Grenada, Middle East crisis, Panama, Bosnia and
5Somalia.
AB706-ASA2,6,137
45.34
(5) Service in Bosnia. A person shall be considered to have served in
8Bosnia if the person served for 90 days or more in support of Operation Balkan
9Endeavor or served for 90 days or more in Austria, Bosnia-Hezegovina, Czech
10Republic, Croatia, Hungary, Macedonia, Montenegro, Serbia including the
11autonomous provinces of Kosovo and Vojvodina, Slovakia or Slovenia, or in
12territorial waters adjacent to any of those countries, under all of the following
13conditions:
AB706-ASA2,6,1514
(a) Under an active duty order, an involuntary extension of an active duty order
15or a unit assignment order.
AB706-ASA2,6,1616
(b) Under honorable conditions.
AB706-ASA2,6,1917
(c) Between December 1, 1995, and the ending date of Operation Balkan
18Endeavor or a successor operation, as established by the department of veterans
19affairs by rule.
AB706-ASA2, s. 11
20Section
11. 45.35 (5) (title) of the statutes is amended to read:
AB706-ASA2,6,2121
45.35
(5) (title)
Veteran defined; benefit.
AB706-ASA2, s. 12
22Section
12. 45.35 (5) (intro.) of the statutes is renumbered 45.35 (5) (a) (intro.)
23and amended to read:
AB706-ASA2,7,324
45.35
(5) (a) (intro.) "Veteran" as used in this chapter, except in s. 45.37 and
25unless otherwise modified, means any person who
has served on active duty under
1honorable conditions in the U.S. armed forces or in forces incorporated as part of the
2U.S. armed forces, except service on active duty for training purposes,
and who meets
3the following conditions:
AB706-ASA2,7,5
41. a. Has served in
Bosnia, Grenada, Lebanon, Panama, Somalia or a Middle
5East crisis under s. 45.34
or whose service.
AB706-ASA2,7,9
6b. Was entitled
the veteran to receive the armed forces expeditionary medal,
7established by executive order 10977 on December 4, 1961, the Vietnam service
8medal established by executive order 11231 on July 8, 1965, the navy expeditionary
9medal or the marine corps expeditionary medal
or any person who served.
AB706-ASA2,7,15
10c. Has served for 90 days or more during a war period as enumerated under
11pars. (a) to (h) par. (e) or under section 1 of executive order 10957 dated August 10,
121961, or if having served less than 90 days was honorably discharged for a
13service-connected disability or for a disability subsequently adjudicated to have
14been service connected or died in service
, who is either a resident of and living in this
15state at the time of making application or is deceased, and whose.
AB706-ASA2,7,19
162. a. His or her selective service local board, if any, and home of record at time
17of entry or reentry into active service as shown on the veteran's report of separation
18from the U.S. armed forces for a qualifying period were in this state
or who was
19either;.
AB706-ASA2,7,21
20b. Was a resident of this state at the time of entry or reentry into active duty
21or has.
AB706-ASA2,8,3
22c. Has been a resident of this state for
at least 10 years next preceding the
23veteran's any consecutive 5-year period after completing service on active duty and
24before his or her application or death.
If a person applying for a benefit under this
25subchapter meets that 5-consecutive-year residency requirement, the department
1may not require the person to reestablish that he or she meets the
25-consecutive-year residency requirement when he or she later applies for any other
3benefit under this chapter that requires a 5-consecutive-year residency.
AB706-ASA2,8,7
4(b) If the person had more than one qualifying term of service
under par. (a) 1.,
5at least one term of service must have been under honorable conditions or have been
6terminated by an honorable discharge for the purpose of establishing eligibility
7under this section and s. 45.37 (1a).
AB706-ASA2,8,10
8(c) Veterans who are otherwise eligible and who are serving on active duty in
9the U.S. armed forces need not be living in this state on date of application to qualify
10for benefits from the department.
AB706-ASA2,8,18
11(d) The benefits available to veterans are also available to the unremarried
12surviving spouses and minor or dependent children of deceased veterans if the
13unremarried surviving spouses or minor or dependent children are residents of and
14living in this state at the time of making application.
Any person whose service on
15active duty with the U.S. armed forces or in forces incorporated as part of the U.S.
16armed forces makes the person eligible for general U.S. department of veterans
17affairs benefits shall be deemed to have served under honorable conditions for the
18purpose of this subsection and s. 45.37 (1a).
AB706-ASA2,8,19
19(e) The following are designated as war periods:
AB706-ASA2, s. 13
20Section
13. 45.35 (5) (a) to (h) of the statutes are renumbered 45.35 (5) (e) 1.
21to 8.
AB706-ASA2, s. 14
22Section
14. 45.35 (5) (a) 1. (intro.) and 2. (intro.) of the statutes are created to
23read:
AB706-ASA2,8,2524
45.35
(5) (a) 1. (intro.) The person is a resident of and living in this state at the
25time of making application, or is deceased, and meets one of the following conditions:
AB706-ASA2,9,2
12. (intro.) The person is a resident of and living in this state at the time of
2making application or is deceased, and meets one of the following conditions:
AB706-ASA2, s. 15
3Section
15. 45.35 (5m) of the statutes is renumbered 45.35 (5m) (a), and 45.35
4(5m) (a) 2., as renumbered, is amended to read:
AB706-ASA2,9,105
45.35
(5m) (a) 2. Any child of the veteran under 18 years of age, or
under the
6age of 26 if in full attendance at a recognized school of instruction, or of any age if
7incapable of self-support by reason of mental or physical disability. "Child" as used
8in this section means any natural child, any legally adopted child, any stepchild or
9child if a member of the veteran's household or any nonmarital child if the veteran
10acknowledges paternity or the same has been otherwise established.
AB706-ASA2,9,1712
45.35
(5m) (b) For purposes of defining "dependent" under this subsection,
13"veteran" includes a person who served on active duty under honorable conditions
14in the U.S. armed forces or in forces incorporated as part of the U.S. armed forces,
15who was a resident of this state at the time of entry or reentry into active duty and
16who died while on active duty if that death was not the result of the veteran's wilful
17misconduct.