Amendment AA1-ASA1-AB935

LRBa4815/1

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1995 - 1996 LEGISLATURE

ASSEMBLY AMENDMENT 1, To ASSEMBLY SUBSTITUTE AMENDMENT 1, To 1995 ASSEMBLY BILL 935

March 27, 1996 - Offered by Representative Musser.

AB935-ASA1-AA1,1,1 At the locations indicated, amend the substitute amendment as follows:

AB935-ASA1-AA1,1,3 1. Page 2, line 19: after "board;" insert: "eligibility for burial at veterans cemeteries; exemption of veterans cemeteries from certain requirements;".

AB935-ASA1-AA1,1,4 2. Page 23, line 24: after that line insert:

AB935-ASA1-AA1,1,6 " Section 40m. 45.358 (1) of the statutes, as created by 1995 Wisconsin Act 27, is renumbered 45.358 (1) (intro.) and amended to read:

AB935-ASA1-AA1,1,7 45.358 (1) (title) Definition Definitions. (intro.) In this section, "veteran":

AB935-ASA1-AA1,1,9 (b) "Veteran" means a person who has served on active duty in the U.S. armed forces.

AB935-ASA1-AA1, s. 40p Section 40p. 45.358 (1) (a) of the statutes is created to read:

AB935-ASA1-AA1,1,14 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.

AB935-ASA1-AA1, s. 40r Section 40r. 45.358 (2) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB935-ASA1-AA1,2,12 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.

AB935-ASA1-AA1, s. 40s Section 40s. 45.358 (3) of the statutes, as created by 1995 Wisconsin Act 27, is amended to read:

AB935-ASA1-AA1,2,16 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):

AB935-ASA1-AA1,2,21 (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.

AB935-ASA1-AA1,3,2 (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.

AB935-ASA1-AA1,3,6 (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.

AB935-ASA1-AA1,3,11 (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.

AB935-ASA1-AA1, s. 40t Section 40t. 45.358 (3) (e), (f) and (g) and (3g) of the statutes are created to read:

AB935-ASA1-AA1,3,17 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.

AB935-ASA1-AA1,3,25 (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.

AB935-ASA1-AA1,4,3 (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.

AB935-ASA1-AA1,4,7 (3g) Honorable conditions. 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 sub. (3).

AB935-ASA1-AA1, s. 40v Section 40v. 45.37 (1a) of the statutes is amended to read:

AB935-ASA1-AA1,4,24 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 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) 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.

AB935-ASA1-AA1, s. 40x Section 40x. 45.37 (15) (a) and (b) of the statutes are amended to read:

AB935-ASA1-AA1,5,7 45.37 (15) (a) A veteran who at the time of death is a resident of this state or who was a resident of the state for at least 15 consecutive years person who is eligible under s. 45.358 (3) for burial at a veterans cemetery is eligible for burial and interment at the cemetery of the home known as the "Wisconsin Veterans Memorial Cemetery". Cost The cost of preparing the grave and the erection of a marker for a veteran, as defined in s. 45.358 (1) (b), shall be paid from the appropriation made by s. 20.485 (1) (gk).

AB935-ASA1-AA1,5,19 (b) Burial shall be provided in the cemetery of the home for any spouse, surviving spouse or parent of a veteran if the spouse, surviving spouse or parent at the time of death was a member of the home. Burial shall also be provided in the cemetery of the home for the parent, spouse or surviving spouse of a veteran, even if the parent, spouse or surviving spouse is not a member of the home at the time of death, if the parent, spouse or surviving spouse is a resident of this state at the time of death or was a resident of the state for at least 15 consecutive years. Application for burial shall be made to the department for permission to be buried therein at the person's own expense. The surviving spouse of the veteran, as defined in s. 45.358 (1) (b), shall have the privilege of selecting a lot next to the veteran if available. Permission shall be given by the department for a period of one year from date of granting, but may be extended, on request, for additional one-year periods.".

AB935-ASA1-AA1,5,20 (End)