1997 Wisconsin Act 27

45.357 (title) Veterans rehabilitation assistance program.

27,1375 Section 1375 . 45.357 of the statutes is renumbered 45.357 (1) and amended to read:

45.357 (1) The department of veterans affairs shall administer a rehabilitation program to provide assistance to persons who served in the U.S. armed forces or in forces incorporated as part of the U.S. armed forces and who were discharged under conditions other than dishonorable. The department shall provide assistance to persons whose need for services is based upon homelessness, incarceration or other circumstances designated by the department by rule. The department shall designate the assistance available under this section, which may include assistance in receiving medical care, dental care, education, employment and transitional housing. The department may provide grants to facilitate the provision of services under this section.

27,1376 Section 1376 . 45.357 (2) of the statutes is created to read:

45.357 (2) The department may charge fees for transitional housing and for such other assistance that is provided under this section as the department designates. The department shall promulgate rules establishing the fee schedule and the manner of implementation of that schedule.

27,1376d Section 1376d. 45.358 (3) (a) of the statutes is amended to read:

45.358 (3) (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.

27,1376f Section 1376f. 45.358 (3) (b) of the statutes is amended to read:

45.358 (3) (b) 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 this state at the time of his or her death and his or her dependent children and unremarried surviving spouse.

27,1376j Section 1376j. 45.358 (3) (f) of the statutes is amended to read:

45.358 (3) (f) A person who was a resident of this state at the time of his or her entry or reentry into service in the Wisconsin army national guard or air national guard or a reserve component of the U.S. armed forces or 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.

27,1377 Section 1377 . 45.37 (1a) of the statutes is amended to read:

45.37 (1a) Definition of veteran. Except as provided in sub. (15) (a) and (b), in this section “veteran" has the meaning given in s. 45.35 (5) (a) or 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) (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 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.

27,1378 Section 1378 . 45.37 (2) (c) of the statutes is repealed.

27,1379 Section 1379 . 45.37 (3) (a) of the statutes is repealed.

27,1380 Section 1380 . 45.396 (2) of the statutes is amended to read:

45.396 (2) Any veteran upon the completion of any correspondence course or part-time classroom study from an institution of higher education located in this state or from any public or private high school may be reimbursed in whole or in part for the cost of the course, including necessary textbooks, by the department upon presentation to the department of a certificate from the school indicating that the veteran has completed the course and stating the cost of the course and necessary textbooks and upon application for reimbursement completed by the veteran and received by the department no later than 60 days after the termination of the course for which the application for reimbursement is made. The department shall accept and process an application received more than 60 days after the termination of the course if the applicant shows good cause for the delayed receipt. The department may not require that an application be received sooner than 60 days after a course is completed. Benefits granted under this section shall be paid out of the appropriation under s. 20.485 (2) (vm) (th).

27,1380m Section 1380m. 45.396 (3) (intro.) of the statutes is amended to read:

45.396 (3) (intro.)  A veteran who is a resident of this state and otherwise qualified to receive benefits under this section may receive the benefits under sub. (2) this section upon the completion of any correspondence courses or part-time classroom study from an institution of higher education located outside this state, if any of the following applies:

27,1381 Section 1381 . 45.396 (4) of the statutes is amended to read:

45.396 (4) Enrolled part-time classroom study or direct correspondence courses from a qualified educational institution may be authorized and the veteran reimbursed in whole or in part by the department when such courses are related to one's occupational, professional or educational employment objectives, and to the extent that payment or reimbursement is not available from any other sources, or, in cases where reimbursement is not specifically for fees and textbooks tuition, to the extent that such reimbursement is insufficient to cover all educational costs.

27,1382 Section 1382 . 45.396 (5) of the statutes is amended to read:

45.396 (5) The Except as provided in sub. (9), the reimbursement may not exceed 50% of the cost of tuition , and fees and textbooks and shall also be limited to a maximum of $300 per course and $1,100 per fiscal year 50% of the standard cost for a state resident for tuition and fees for an equivalent undergraduate course at the University of Wisconsin-Madison per course and may not be provided to an individual more than 4 times during any consecutive 12-month period.

27,1383 Section 1383 . 45.396 (8) of the statutes is created to read:

45.396 (8) The department may not make a grant under this section unless the department determines that a course for which an application is made is related to the applicant's occupational, professional or employment objectives.

27,1383g Section 1383g. 45.396 (9) of the statutes is created to read:

45.396 (9) A disabled veteran who meets the requirements under this section and whose disability is rated at 30% or more under 38 USC 1114 or 1134 may be reimbursed for up to 100% of the cost of tuition and fees, but that reimbursement is limited to 100% of the standard cost for a state resident for tuition and fees for an equivalent undergraduate course at the University of Wisconsin-Madison per course and may not be provided to an individual more than 4 times during any consecutive 12-month period.

27,1383m Section 1383m. 45.396 (10) of the statutes is created to read:

45.396 (10) Beginning July 1, 1998, the department may provide reimbursement under this section from the appropriation account under s. 20.485 (2) (th) for the fiscal year in which the course was completed or in which the academic term during which the course was taken ended, whichever is earlier.

27,1383p Section 1383p. 45.397 (2) (a) of the statutes, as affected by 1997 Wisconsin Act 3, is amended to read:

45.397 (2) (a) The veteran is enrolled or accepted for enrollment in an institution of higher education, as defined in s. 39.32 (1) (a), in a training course in a technical college in the state or in a proprietary school approved by the educational approval board under s. 39.51 in the state or is engaged in a structured on-the-job training program certified by the department of workforce development or the U.S. department of veterans affairs that meets program requirements promulgated by the department by rule.

27,1383t Section 1383t. 45.397 (2) (cm) of the statutes is created to read:

45.397 (2) (cm) The veteran requesting a grant has not received reimbursement under s. 45.25 or 45.396 for courses completed during the same semester for which a grant would be received under this section.

27,1384 Section 1384 . 45.42 (1) of the statutes is amended to read:

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) (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 meet the definition of a “veteran" under s. 45.35 (5) (a). 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.

27,1385 Section 1385 . 45.42 (2) of the statutes is amended to read:

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) (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 meet the definition of a “veteran" under s. 45.35 (5) (a) shall submit the facts required for such record to the department on the forms provided by it, if so requested by the department.

27,1385m Section 1385m. 45.43 (7) (a) of the statutes is amended to read:

45.43 (7) (a) Each county may annually apply to the department for a grant for the improvement of service to former military personnel of the county through the county veterans' service office. A county may not allocate any portion of a grant for use by another county department nor may the county reduce funding to a county veterans' service office based upon receipt of a grant. The county veterans' service officer of any county applying for the grant shall enter into an agreement with the department. The agreement shall state the goals and objectives to be attained by the county veterans' service office during the remainder of the year covered by the grant application. The department shall prepare the basic form of this agreement in consultation with the county veterans' service officers association and provide a copy and an explanation of that agreement to each county veterans' service officer. The department shall develop reasonable budget and operating standards to assure improved services, but full operating control of the county office shall be left to each county.

27,1386 Section 1386 . 45.43 (7) (b) of the statutes is amended to read:

45.43 (7) (b) The department shall award a grant not exceeding $5,000 annually to a county that meets the standards developed under this subsection and employs a county veterans' service officer who, if chosen after August 9, 1989, is chosen from a list of candidates who have taken a civil service examination for the position of county veterans' service officer developed and administered by the division of merit recruitment and selection in the department of employment relations, or is appointed under a civil service competitive examination procedure under ch. 63 or s. 59.52 (8). An eligible county initially applying for a grant after August 9, 1989, shall be eligible for an initial grant for the first year not exceeding $1,000, an annual grant for the next year not exceeding $3,000 and any subsequent annual grant not exceeding $5,000 The grant shall be $8,500 for a county with a population of under 20,000, $10,000 for a county with a population of 20,000 to 45,499, $11,500 for a county with a population of 45,500 to 74,999 and $13,000 for a county with a population of 75,000 or more. The department of veterans affairs shall use the most recent Wisconsin official population estimates prepared by the demographic services center when making grants under this paragraph.

27,1387 Section 1387. 45.52 of the statutes is amended to read:

45.52 Physical disability does not disqualify for public employment. A veteran, as defined under s. 45.37 (1a) 45.35 (5) (a), who has suffered a physical disability as a direct result of military or naval service shall not on that account be barred from employment in any public position or employment whether under state, county or municipal civil service or otherwise, if the licensed physician making a physical examination of the veteran for the public employer certifies that the applicant's disability will not materially handicap the veteran in the performance of the duties of the position.

27,1388 Section 1388 . 45.71 (9) (b) of the statutes is amended to read:

45.71 (9) (b) Unless temporary in nature and except as provided under s. 45.79 (2m) or 45.85, pensions and disability compensation shall be considered income.

27,1389 Section 1389 . 45.71 (16) (a) 1m. e. of the statutes is created to read:

45.71 (16) (a) 1m. e. Has served on active duty 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.

27,1390 Section 1390 . 45.74 (1) of the statutes is repealed.

27,1391 Section 1391 . 45.74 (7) of the statutes is created to read:

45.74 (7) Price-of-home limitation. The price of the home exceeds 2.5 times the median price of a home in this state if the person is applying for a loan for the purchase of a home. The department shall promulgate a rule establishing the median price of a home in this state for each fiscal year that is determined by using the most recent housing price index generated by the Wisconsin Realtors Association before July 1.

27,1392 Section 1392. 45.745 (1) of the statutes is repealed.

27,1393 Section 1393 . 45.76 (1) (c) 1. of the statutes is renumbered 45.76 (1) (c).

27,1394 Section 1394 . 45.76 (1) (c) 2. of the statutes is repealed.

27,1395 Section 1395 . 45.79 (2m) of the statutes is repealed.

27,1396 Section 1396 . 45.79 (3) (a) (title) of the statutes is amended to read:

45.79 (3) (a) (title) First or 2nd mortgage or guarantor required.

27,1397 Section 1397 . 45.79 (3) (a) 1. of the statutes is amended to read:

45.79 (3) (a) 1. Each loan made under this section , except a loan of $3,000 or less for a purpose specified under s. 45.76 (1) (c), shall be evidenced by a promissory instalment note and secured by a mortgage on the real estate in respect to which the loan is granted. A loan of $3,000 or less made for a purpose specified under s. 45.76 (1) (c) shall be evidenced by a promissory instalment note and shall be secured by a guarantor or by a mortgage on the real estate in respect to which the loan is granted. Any loan having as its source funds provided through sub. (6) (a) and secured by a mortgage shall have the mortgage name the department as mortgagee and payee. Any loan having as its source funds provided through sub. (6) (b) and secured by a mortgage shall have the mortgage name the authorized lender involved as mortgagee and payee, and such mortgage and note shall be assigned by the authorized lender to the authority immediately upon execution. A mortgage securing a loan made for a purpose specified in s. 45.76 (1) (a), (b) or (d) must have priority over all liens against the mortgaged premises and the buildings and improvements thereon, except tax and special assessment liens filed after the recording of the mortgage. A mortgage securing a loan made for a purpose specified under s. 45.76 (1) (c) may be junior and subject to not more than one prior mortgage, and, except for that prior mortgage, must have priority over all liens against the mortgaged premises and the buildings and improvements on those premises, except tax and special assessment liens filed after the recording of the mortgage.

27,1398 Section 1398 . 45.79 (6) (a) 2. of the statutes is amended to read:

45.79 (6) (a) 2. The chairperson of the board shall certify that the chairperson does not expect proceeds of state debt issued under this paragraph to be used in a manner that would cause the debt to be arbitrage bonds as defined by the internal revenue code, where that debt is a bond that is exempt from federal taxation.

27,1399 Section 1399 . 45.79 (6) (c) 2. of the statutes is amended to read:

45.79 (6) (c) 2. The chairperson of the board shall certify that the board and the department do not expect and shall not use proceeds of revenue obligations issued under this paragraph in a manner that would cause the revenue obligations to be arbitrage bonds as defined in the U.S. internal revenue code, where that debt is a bond that is exempt from federal taxation.

27,1400 Section 1400 . 45.79 (7) (a) (intro.) of the statutes is amended to read:

45.79 (7) (a) (intro.) There is created the veterans mortgage loan repayment fund. All moneys received by the department for the repayment of loans funded under sub. (6) (a) except for servicing fees required to be paid to authorized lenders, net proceeds from the sale of mortgaged properties, any repayment to the department of moneys paid to authorized lenders, gifts, grants, other appropriations and interest earnings accruing thereon, any repayment of moneys borrowed under s. 45.356 (9) (a) and any moneys deposited or transferred under s. 18.04 (6) (b) or (d) shall be promptly deposited into the veterans mortgage loan repayment fund. The board shall establish by resolution a system of accounts providing for the maintenance and disbursement of moneys of the veterans mortgage loan repayment fund to fund loans under sub. (6) (a) or to fund, refund or acquire public debt as provided in s. 18.04 (5). The system of accounts shall record and provide moneys for all of the following purposes:

27,1401 Section 1401 . 45.79 (7) (a) 9. of the statutes is created to read:

45.79 (7) (a) 9. To loan money to the veterans trust fund, upon prior approval of the building commission for each loan, for the purposes under s. 45.356.

27,1402 Section 1402 . 45.79 (7) (c) (intro.) of the statutes is renumbered 45.79 (7) (c) and amended to read:

45.79 (7) (c) After meeting all expenses and providing for reserves under par. (a) 3., balances assets in the veterans mortgage loan repayment fund, upon prior approval of the building commission, may be used for the following purposes: transferred to the veterans trust fund and used to fund loans under s. 45.356.

27,1403 Section 1403 . 45.79 (7) (c) 1. to 4. of the statutes are repealed.

27,1404 Section 1404 . 46.023 (1) (title) of the statutes is repealed.

27,1405 Section 1405 . 46.023 (1) of the statutes is renumbered 46.023, and 46.023 (intro.), as renumbered, is amended to read:

46.023 (title) Milwaukee child welfare partnership council and advisory committees. (intro.) The Milwaukee child welfare partnership council shall do all of the following:

27,1406 Section 1406 . 46.023 (2) of the statutes is repealed.

27,1406g Section 1406g. 46.027 of the statutes is created to read:

46.027 Contract powers. (1) Religious organizations; Legislative purpose. The purpose of this section is to allow the department to contract with, or award grants to, religious organizations, under any program administered by the department, on the same basis as any other nongovernmental provider without impairing the religious character of such organizations, and without diminishing the religious freedom of beneficiaries of assistance funded under such program.

(2) Nondiscrimination against religious organizations. If the department is authorized under ch. 16 to contract with a nongovernmental entity, or is authorized to award grants to a nongovernmental entity, religious organizations are eligible, on the same basis as any other private organization, as contractors under any program administered by the department so long as the programs are implemented consistent with the First Amendment of the U.S. Constitution and article I, section 18 of the Wisconsin Constitution. Except as provided in sub. (10), the department may not discriminate against an organization that is or applies to be a contractor on the basis that the organization has a religious character.

(3) Religious character and freedom. (a) The department shall allow a religious organization with which the department contracts or to which the department awards a grant to retain its independence from state and local governments, including the organization's control over the definition, development, practice and expression of its religious beliefs.

(b) The department may not require a religious organization to alter its form of internal governance or to remove religious art, icons, scripture or other symbols in order to be eligible for a contract or grant.

(4) Rights of beneficiaries of assistance. If an individual has an objection to the religious character of the organization or institution from which the individual receives, or would receive, assistance funded under any program administered by the department, the department shall provide such individual, if otherwise eligible for such assistance, within a reasonable period of time after the date of the objection with assistance from an alternative provider that is accessible to the individual. The value of the assistance offered by the alternative provider may not be less than the value of the assistance which the individual would have received from the religious organization.

(5) Employment practices. To the extent permitted under federal law, a religious organization's exemption provided under 42 USC 2000e-la regarding employment practices is not affected by its participation in, or receipt of funds from, programs administered by the department.

(6) Nondiscrimination against beneficiaries. A religious organization may not discriminate against an individual in regard to rendering assistance funded under any program administered by the department on the basis of religion, a religious belief or refusal to actively participate in a religious practice.

(7) Fiscal accountability. (a) Except as provided in par. (b), any religious organization that contracts with, or receives a grant from, the department is subject to the same laws and rules as other contractors to account in accord with generally accepted auditing principles for the use of such funds provided under such programs.

(b) If the religious organization segregates funds provided under programs administered by the department into separate accounts, then only the financial assistance provided with those funds shall be subject to audit.

(8) Compliance. Any party that seeks to enforce its rights under this section may assert a civil action for injunctive relief against the entity or agency that allegedly commits the violation.

(9) Limitations on use of funds for certain purposes. No funds provided directly to religious organizations by the department may be expended for sectarian worship, instruction or proselytization.

(10) Preemption. Nothing in this section may be construed to preempt any provision of federal law, the U.S. Constitution, the Wisconsin Constitution or any other statute that prohibits or restricts the expenditure of federal or state funds in or by religious organizations.

27,1407 Section 1407. 46.03 (7) (bm) of the statutes, as affected by 1997 Wisconsin Act 3, is amended to read:

46.03 (7) (bm) Maintain a file containing records of artificial inseminations under s. 891.40 and records of declarations of paternal interest under s. 48.025 and of statements acknowledging paternity under s. 69.15 (3) (b). The department shall release these records only upon an order of the court except that the department may use nonidentifying information concerning artificial inseminations for the purpose of compiling statistics and except that records relating to declarations of paternal interest and statements acknowledging paternity shall be released to the department of workforce development or its designee a county child support agency under s. 59.07 (97) 59.53 (5) without a court order upon the request of the department of workforce development or its designee a county child support agency under s. 59.53 (5) pursuant to the program responsibilities under s. 49.22 or by any other person with a direct and tangible interest in the record.

27,1408 Section 1408 . 46.03 (7) (e) of the statutes is created to read: