SB632: Bill Text

SB632,10,21 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.

SB632,10,25 (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).

SB632,11,3 (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.

SB632,11,11 (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).

SB632,11,12 (e) The following are designated as war periods:

SB632, s. 13 Section 13. 45.35 (5) (a) to (h) of the statutes are renumbered 45.35 (5) (e) 1. to 8.

SB632, s. 14 Section 14. 45.35 (5) (a) 1. (intro.) and 2. (intro.) of the statutes are created to read:

SB632,11,18 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:

SB632,11,20 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:

SB632, 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:

SB632,12,3 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.

SB632, s. 16 Section 16. 45.35 (5m) (b) of the statutes is created to read:

SB632,12,10 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.

SB632, 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:

SB632,12,13 45.358 (1) (title) Definition Definitions. (intro.) In this section, "veteran":

SB632,12,15 (b) "Veteran" means a person who has served on active duty in the U.S. armed forces.

SB632, s. 18 Section 18. 45.358 (1) (a) of the statutes is created to read:

SB632,12,20 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.

SB632, s. 19 Section 19. 45.358 (2) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

SB632,13,7 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.

SB632, s. 20 Section 20. 45.358 (3) of the statutes, as created by 1995 Wisconsin Act 27, is amended to read:

SB632,13,11 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):

SB632,13,16 (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.

SB632,13,21 (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.

SB632,13,25 (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.

SB632,14,5 (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.

SB632, s. 21 Section 21. 45.358 (3) (e), (f) and (g) of the statutes are created to read:

SB632,14,10 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.

SB632,14,18 (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.

SB632,14,21 (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.

SB632, s. 22 Section 22. 45.37 (1a) of the statutes is amended to read:

SB632,15,13 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.

SB632, s. 23 Section 23. 45.37 (3) (b) of the statutes, as affected by 1995 Wisconsin Act 123, is amended to read:

SB632,15,24 45.37 (3) (b) Nonresident. A veteran who was not a resident of this state at the time of enlistment or induction into service but who is otherwise qualified for membership may be admitted if the veteran has been a resident of this state for the 5 years next preceding any consecutive 5-year period after completing service on active duty and before the date of application. 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.

SB632, s. 24 Section 24. 45.37 (15) (a) and (b) of the statutes are amended to read:

SB632,16,7 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).

SB632,16,19 (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.

SB632, s. 25 Section 25. 45.42 (1) of the statutes is amended to read:

SB632,17,8 45.42 (1) The department may compile a record of the burial places within the state of persons who served in the U.S. armed forces in time of war as defined in s. 45.35 (5) (a) to (h) (e) or in Bosnia, Grenada, Lebanon, Panama, Somalia or a Middle East crisis under s. 45.34, or under section 1 of executive order 10957, dated August 10, 1961, or whose service entitled them 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. The record, so far as practicable, may indicate the name of each person; the service in which engaged; the appropriate designation of armed forces unit; the rank and period of service; the name and location of the cemetery or other place in which the body is interred; the location of the grave in the cemetery or other place; and the character of headstone or other marker, if any, at the grave.

SB632, s. 26 Section 26. 45.42 (2) of the statutes is amended to read:

SB632,17,22 45.42 (2) The department may have blank forms prepared whereby the information required for the record may be transmitted to it and may distribute the forms to county veterans' service officers. The county veterans' service officer within whose county and cemetery or burial place is located in which are interred the bodies of persons who served in the U.S. armed forces in time of war as defined in s. 45.35 (5) (a) to (h) (e) or in Bosnia, Grenada, Lebanon, Panama, Somalia or a Middle East crisis under s. 45.34 or under section 1 of executive order 10957, dated August 10, 1961, or whose service entitled them 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 shall submit the facts required for such record to the department on the forms provided by it, if so requested by the department.

SB632, s. 27 Section 27. 45.43 (1) (a) of the statutes is amended to read:

SB632,18,15 45.43 (1) (a) Except as provided under par. (b), the county board shall elect a county veterans' service officer who shall be a Wisconsin resident 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 for 2 consecutive years, except service on active duty for training purposes, for 90 days or more in time of war as set forth in s. 45.35 (5) (a) to (h) 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; who served in Grenada, Lebanon, Panama, Somalia or a Middle East crisis under s. 45.34; who served under section 1 of executive order 10957 dated August 10, 1961; or whose service 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. An individual who is discharged for reasons of hardship or a service-connected disability or released due to a reduction in the U.S. armed forces or for the good of the service prior to the completion of the required period of service is eligible for election to the office, regardless of the actual time served.

SB632, s. 28 Section 28. 45.43 (6) (b) of the statutes is amended to read:

SB632,19,8 45.43 (6) (b) Except as provided under par. (c), the county board may appoint assistant county veterans' service officers who shall be Wisconsin residents 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 for 2 consecutive years, except service on active duty for training purposes, for 90 days or more in time of war as set forth in s. 45.35 (5) (a) to (h) 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; who served in Grenada, Lebanon, Panama, Somalia or a Middle East crisis under s. 45.34; who served under section 1 of executive order 10957 dated August 10, 1961; or whose service 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. An individual who is discharged for reasons of hardship or a service-connected disability or released due to a reduction in the U.S. armed forces or for the good of the service prior to the completion of the required period of service is eligible for appointment to the office, regardless of the actual time served.

SB632, s. 29 Section 29. 45.43 (8) of the statutes is created to read:

SB632,19,16 45.43 (8) Qualifications application. The qualifications necessary to be a county veterans' service officer or assistant county veterans' service officer under subs. (1) (a) and (6) (b) apply only to persons elected to serve as county veterans' service officers or assistant county veterans' service officers on or after the effective date of this subsection .... [revisor inserts date], who have not served as county veterans' service officers or assistant county veterans' service officers before the effective date of this subsection .... [revisor inserts date].

SB632, s. 30 Section 30. 45.71 (16) (intro.) and (a) (intro.) of the statutes are consolidated, renumbered 45.71 (16) (a) (intro.) and amended to read:

SB632,19,22 45.71 (16) (a) (intro.) "Veteran" means: (a) Any 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 is meets the following conditions:

SB632,20,2 1m. a. Is 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 .

SB632,20,4 b. Has served in Bosnia, Grenada, Lebanon, Panama, Somalia or a Middle East crisis under s. 45.34 or any person who served.

SB632,20,10 c. Has served for 90 days or more during a war period as enumerated under subds. 1. to 9. par. (am) or under section 1 of executive order 10957, dated August 10, 1961, except service on active duty for training purposes, 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, or who served.

SB632,20,12 d. Has served on active duty for more than 6 months during the period between February 1, 1955, and August 4, 1964, and was honorably discharged , and who has.

SB632,20,19 2m. a. Has been a resident of this state for at least 5 years next preceding an any consecutive 5-year period after completing service on active duty and before his or her application or death or who was. 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 applies for any other benefit under this chapter that requires a 5-consecutive-year residency.

SB632,20,22 b. Was a resident of this state at the time of enlistment or induction into service and is either a resident of and living in this state at the time of making application or is deceased.

SB632,20,25 (af) If the person had more than one qualifying term of service under par. (a) 1m., at least one term of service must have been under honorable conditions or have been terminated by an honorable discharge.

SB632,21,3 (aj) 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 a loan under this chapter.

SB632,21,4 (am) The following are designated as war periods:

SB632, s. 31 Section 31. 45.71 (16) (a) 1. to 10. of the statutes are renumbered 45.71 (16) (am) 1. to 10., and 45.71 (16) (am) 9., as renumbered, is amended to read:

SB632,21,9 45.71 (16) (am) 9. Vietnam war: Between August 5, 1964, and a date of termination to be established by the legislature January 1, 1977, excepting service on active duty for training purposes only.

SB632, s. 32 Section 32. 45.71 (16) (a) 1m. (intro.) and 2m. (intro.) of the statutes are created to read:

SB632,21,12 45.71 (16) (a) 1m. (intro.) The person meets one of the following conditions:

SB632,21,14 2m. (intro.) The person is either a resident of and living in this state at the time of making application, or is deceased, and meets one of the following conditions:

SB632, s. 33 Section 33. 45.71 (16) (b) and (c) of the statutes are amended to read:

SB632,21,17 45.71 (16) (b) An unremarried spouse of a deceased veteran shall be considered a veteran under this subchapter.

SB632,21,19 (c) A minor or dependent child of a deceased veteran shall be considered a veteran under this subchapter.

SB632, s. 34 Section 34. 45.73 (2) of the statutes is amended to read:

SB632,22,2 45.73 (2) Allocation of limited loan resources. If the department estimates that applications for loans under this subchapter will exceed the moneys available for such loans, the department shall give priority to the most necessitous cases and take all action necessary to spread the available moneys among the maximum possible number of veterans. The board of veterans affairs shall establish procedures whereby veterans of the Vietnam war, as defined in s. 45.71 (16) (a) (am) 9., receive first priority.

SB632, s. 35 Section 35. 45.74 (1) (intro.) of the statutes is amended to read:

SB632,22,6 45.74 (1) Annual income limitation. (intro.) For persons identified under s. 45.79 (7) (c) 1. and 2., the annual income of the person or both the person and the person's spouse exceeds whichever of the following applies:

SB632, s. 36 Section 36. 45.745 (1) of the statutes is amended to read:

SB632,22,10 45.745 (1) Annual income limitation. For persons identified under s. 45.79 (7) (c) 1. and 2., the annual income of the person or both the person and the person's spouse does not exceed 140% of the amount specified under s. 45.74 (1).

SB632, s. 37 Section 37. 45.76 (1) (c) 1. (intro.) of the statutes is renumbered 45.76 (1) (c) 1. and amended to read:

SB632,22,14 45.76 (1) (c) 1. A loan of not more than $15,000 to improve a home, including construction of a garage but not including any of the following:.

SB632, s. 38 Section 38. 45.76 (1) (c) 1. a. to d. of the statutes are repealed.

SB632, s. 39 Section 39. 45.79 (5) (a) 9. of the statutes is amended to read:

SB632,22,24 45.79 (5) (a) 9. With prior approval of the building commission, retire all veterans mortgage revenue bonds, 1980 series A or all 1981 veterans home loan revenue bonds and transfer any assets remaining in the bond funds fund after retirement into the veterans trust fund. The department may sell the assets transferred to the veterans trust fund under this subdivision and deposit the proceeds of any sale into the veterans trust fund. The proceeds of any sale of assets transferred to the veterans trust fund under this subdivision shall be used to provide loans under s. 45.356.

SB632, s. 40 Section 40. 71.03 (7) of the statutes is renumbered 71.03 (7) (intro.) and amended to read:

SB632,23,16 71.03 (7) Extension of time to file. (intro.) Returns of natural persons and fiduciaries that require a statement of amounts or information contained or entered on a corresponding return under the internal revenue code shall be filed within the time fixed under that code for filing of the corresponding federal return. Any extension of time granted by law or by the internal revenue service for the filing of that corresponding federal return extends the time for filing under this chapter if a copy of the taxpayer's application to the internal revenue service requesting the extension is filed with the return under this chapter or if a copy of any request for an extension required by the internal revenue service is filed with the return under this chapter or at an earlier date that the department prescribes by rule and if the taxpayer pays the Wisconsin tax in the manner applicable to federal income taxes under the internal revenue code. Taxes payable upon the filing of the return do not become delinquent during the period of an extension but are subject to interest at the rate of 12% per year during such period, except, for except as follows:

SB632,23,25 (a) For taxable years beginning after December 31, 1989, and before January 1, 1991, for persons who served in support of Operation Desert Shield, Operation Desert Storm or an operation that is a successor to Operation Desert Shield or Operation Desert Storm in the United States, or for persons who served in Egypt, Israel, Diego Garcia or Germany, or for persons who qualify for a federal extension of time to file under 26 USC 7508, who served outside the United States because of their participation in Operation Desert Shield, Operation Desert Storm or an operation that is a successor to Operation Desert Shield or Operation Desert Storm in the Desert Shield or Desert Storm theater of operations.

SB632, s. 41 Section 41. 71.03 (7) (b) of the statutes is created to read:

SB632,24,10 71.03 (7) (b) For taxable years beginning after December 31, 1994, and before January 1, 1997, for persons who served in support of Operation Balkan Endeavor or an operation that is a successor to Operation Balkan Endeavor, or for persons who served in Croatia, Bosnia and Herzegovina, Serbia, Macedonia, Montenegro, Hungary, Austria, Slovakia, Czech Republic or Slovenia, or for persons who qualify for a federal extension of time to file under 26 USC 7508, who served outside the United States because of their participation in Operation Balkan Endeavor or an operation that is a successor to Operation Balkan Endeavor in the Balkan Endeavor theater of operations.

SB632, s. 42 Section 42. 71.05 (6) (b) 22. of the statutes is created to read:

SB632,24,18 71.05 (6) (b) 22. Any amount of basic, special and incentive pay income or compensation, as those terms are used in 37 USC chapters 3 and 5, received from the federal government by a person who is a member of a reserve component of the U.S. armed forces, as defined in 26 USC 7701 (a) (15), and is below the grade of commissioned officer, for services performed for Operation Balkan Endeavor. In this subdivision, "services performed for Operation Balkan Endeavor" means service in a unit of the U.S. armed forces if:

SB632,24,19 a. The person is activated for Operation Balkan Endeavor; and

SB632,24,22 b. The service occurs during the period that there is in effect a designation by the president of the United States that the service is part of Operation Balkan Endeavor.

SB632, s. 43 Section 43. 71.05 (6) (b) 23. of the statutes is created to read:

SB632,25,5 71.05 (6) (b) 23. Up to $500 per month of basic, special and incentive pay income or compensation, as those terms are used in 37 USC chapters 3 and 5, received from the federal government by a person who is a member of a reserve component of the U.S. armed forces, as defined in 26 USC 7701 (a) (15), and is a commissioned officer, for services performed for Operation Balkan Endeavor. In this subdivision, "services performed for Operation Balkan Endeavor" means service in a unit of the U.S. armed forces if:

SB632,25,6 a. The person is activated for Operation Balkan Endeavor; and