2001 Wisconsin Act 103

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 any personnel as that are necessary for the proper management of the cemeteries. The cemetery in southeastern Wisconsin is the Southern Wisconsin Veterans Memorial Cemetery. The cemetery in northwestern Wisconsin is the Northern Wisconsin Veterans Memorial Cemetery. 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.

Note: "Department" in ch. 45 is defined as the department of veterans affairs by s. 45.001 (2), which is created by this bill.

103,116 Section 116. 45.358 (4) of the statutes is amended to read:

45.358 (4) Gifts, grants, and bequests. The department of veterans affairs may accept for the state all gifts, grants, and bequests for the purposes of maintenance, restoration, preservation, and rehabilitation of the veterans cemeteries constructed under sub. (2).

Note: "Department" in ch. 45 is defined as the department of veterans affairs by s. 45.001 (2), which is created by this bill.

103,117 Section 117. 45.36 (title) of the statutes is amended to read:

45.36 (title) Release of information and records by the department of veterans affairs and by county veterans' service offices.

Note: "Department" in ch. 45 is defined as the department of veterans affairs by s. 45.001 (2), which is created by this bill. "By" is added for clarification.

103,118 Section 118. 45.36 (1) (a) of the statutes is repealed.

Note: Repeals definition of "department" made unnecessary by the creation of s. 45.001 (2), which defines "department" for all of ch. 45.

103,119 Section 119. 45.36 (6) of the statutes is amended to read:

45.36 (6) Disclosure of other information. Except as provided in subs. (2) to (5), all files, records, reports, papers, and documents pertaining to applications for benefits from the department, and information contained therein, shall only be released by the department or service office only pursuant to rules of the department. The rules must provide for the furnishing of information required under sub. (5m) and for official purposes by any agency of the U.S. government, by any agency of this state, by any law enforcement or public welfare agency of any Wisconsin county, or by members of the state senate and assembly, and. The rules will otherwise provide for release of personal information pertaining to or contained in any application for benefits, whether pending or adjudicated, only where when authorized in writing by the applicants or where when necessary to assist applicants in securing veterans benefits to which they that the applicants may be entitled to or where when necessary for the efficient management of loans made by the department.

Note: Reorganizes and replaces language and punctuation to improve readability, sentence agreement, and conformity with current style.

103,120 Section 120. 45.365 (1) (a) 1. of the statutes is repealed.

Note: Repeals definition of "department" made unnecessary by the creation of s. 45.001 (2), which defines "department" for all of ch. 45.

103,121 Section 121. 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) 45.001 (4) (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 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 a service-connected disability.

Note: Section 45.35 (5) (a) is renumbered to s. 45.001 (4) (a) by this bill. Section 45.35 (5) (e), the definition of "war period," is renumbered to s. 45.001 (5) and made applicable to all of ch. 45, rendering the second stricken phrase unnecessary.

103,122 Section 122. 45.37 (9d) of the statutes is amended to read:

45.37 (9d) Medical assistance payments. All moneys received under title XIX of the social security act Social Security Act for the care of members shall be transferred to the appropriation under s. 20.485 (1) (gk).

Note: Conforms capitalization to current style.

103,123 Section 123. 45.375 (1) of the statutes is amended to read:

45.375 (1) The department of veterans affairs may establish a hospital at the Wisconsin Veterans Home at King.

Note: "Department" in ch. 45 is defined as the department of veterans affairs by s. 45.001 (2), which is created by this bill.

103,124 Section 124. 45.38 (2) (d) of the statutes is amended to read:

45.38 (2) (d) All powers and duties conferred upon the board or the department pursuant to this section shall be exercised and performed by resolution of the board. All conveyances, leases, and subleases made pursuant to this section, when authorized pursuant to resolution of the board, shall be made, executed, and delivered in the name of the department of veterans affairs and shall be signed by the director and sealed with the seal of the department.

Note: "Department" in ch. 45 is defined as the department of veterans affairs by s. 45.001 (2), which is created by this bill.

103,125 Section 125. 45.385 of the statutes is amended to read:

45.385 Veterans residential, treatment, and nursing care facilities. Subject to authorization under ss. 13.48 (10) and 20.924 (1), the department of veterans affairs may construct or renovate and operate residential, treatment, and nursing care facilities in southeastern Wisconsin, including a community-based residential facility, to be known as the Southern Wisconsin Veterans Retirement Center. The department may employ such any personnel as that are necessary for the proper management of the Southern Wisconsin Veterans Retirement Center. The department may acquire by gift, purchase, or condemnation lands necessary for the purposes of the Southern Wisconsin Veterans Retirement Center. Title to any properties acquired under this section 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 filed with the secretary of state.

Note: "Department" in ch. 45 is defined as the department of veterans affairs by s. 45.001 (2), which is created by this bill.

103,126 Section 126. 45.42 (1) of the statutes is renumbered 45.42 (1) (intro.) and amended to read:

45.42 (1) (intro.) The department may compile a record of the veteran's burial places located within the state of persons who meet the definition of a "veteran" under s. 45.35 (5) (a). The record that may, so far as practicable, may indicate the all of the following information:

(a) The deceased veteran's name of each person; the.

(b) The service in which the deceased veteran was engaged; the.

(c) The appropriate designation of the deceased veteran's armed forces unit; the.

(d) The deceased veteran's rank and period of service; the.

(e) The name and location of the cemetery or other place in which the deceased veteran's body is interred ; the.

(f) The location of the deceased veteran's grave in the cemetery or other place; and the of interment.

(g) The character of the headstone or other marker, if any, at the deceased veteran's grave.

Note: Eliminates unnecessary cross-reference to the definition of "veteran," inserts specific references, and subdivides provision for improved readability and conformity with current style.

103,127 Section 127. 45.42 (2) of the statutes is amended to read:

45.42 (2) The department may have prepare blank forms prepared whereby for the transmission to the department of the information required for the record may be transmitted to it and under sub. (1). The department may distribute the forms to county veterans' service officers. The A county veterans' service officer within whose county and any cemetery or other burial place is located in which deceased veteran's bodies are interred the bodies of persons who meet the definition of a "veteran" under s. 45.35 (5) (a) shall submit the facts required for such the record under sub. (1) to the department on the forms provided by it, if so requested by the department.

Note: Eliminates unnecessary cross-reference to the definition of "veteran" and reorders and modifies text for improved readability and conformity with current style.

103,128 Section 128. 45.43 (7) (b) of the statutes is amended to read:

45.43 (7) (b) The department shall award a grant 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). The grant shall be $8,500 for a county with a population of under less than 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.

Note: "Department" in ch. 45 is defined as the department of veterans affairs by s. 45.001 (2), which is created by this bill.

103,129 Section 129. 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. 45.35 (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.

Note: "Veteran" in ch. 45 is defined by s. 45.001, which is created by this bill.

103,130 Section 130. 45.54 (1) (e) 1. of the statutes is amended to read:

45.54 (1) (e) 1. In-state schools that are exempt from taxation under section 501 of the internal revenue code Internal Revenue Code and that either were incorporated in this state prior to January 1, 1992, or had their administrative headquarters and principal places of business in this state prior to 1970.

Note: Conforms capitalization to current style.

103,131 Section 131. 45.54 (5) of the statutes is amended to read:

45.54 (5) Employees, quarters. The board shall employ a person to perform the duties of an executive secretary and such any other persons under the classified service as that may be necessary to carry out its the board's purpose. The person performing the duties of the executive secretary shall be in charge of the administrative functions of the board. The board shall, to the maximum extent practicable, keep its office with the department of veterans affairs.

Note: "Department" in ch. 45 is defined as the department of veterans affairs by s. 45.001 (2), which is created by this bill. A pronoun is replaced to improve readability and to conform to current style.

103,132 Section 132. 45.71 (2m) of the statutes is repealed.

Note: Repeals definition of "board" made unnecessary because s. 45.001 (1), which is renumbered from s. 45.35 (2) by this bill, defines "board" for all of ch. 45 as the the board of veterans affairs.

103,133 Section 133. 45.71 (4) of the statutes is repealed.

Note: Repeals definition of "department" made unnecessary by the creation of s. 45.001 (2), which defines "department" for all of ch. 45.

103,134 Section 134. 45.71 (15) of the statutes is repealed.

Note: Repeals definition of "secretary" made unnecessary by the creation of s. 45.001 (3), which defines "secretary" for all of ch. 45.

103,135 Section 135. 45.71 (16) (a) 1m. c. of the statutes is amended to read:

45.71 (16) (a) 1m. c. Has served for 90 days or more during a war period as enumerated under 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.

Note: This bill renumbers the definition of "war period" at s. 45.35 (5) (e), which is identical to par. (am), to s. 45.001 (5) and makes it applicable to all of ch. 45, rendering the language deleted here unnecessary.

103,136 Section 136. 45.71 (16) (am) of the statutes is repealed.

Note: This bill renumbers the definition of "war period" at s. 45.35 (5) (e), which is identical to this provision, to s. 45.001 (5) and makes it applicable to all of ch. 45, rendering this provision unnecessary.

103,137 Section 137. 45.79 (6) (a) 2. and (c) 2. of the statutes are 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 Internal Revenue Code, where that debt is a bond that is exempt from federal taxation.

(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 Internal Revenue Code, where that debt is a bond that is exempt from federal taxation.

Note: Conforms capitalization to current style.

103,138 Section 138. 46.04 (2) of the statutes is amended to read:

46.04 (2) Program. From the appropriations under s. 20.435 (2) (a) and (gk), the department shall establish at the Winnebago mental health institute Mental Health Institute a program of inpatient assessment and treatment to be known as the "Anchorage program",," which is designed primarily to meet the needs of adolescents who are drug dependent, who evidence drug-related behavior which that may be dangerous to the adolescent or to others, and who have a history of drug dependency and resistance to less restrictive forms of treatment, but which that also may be used by the department to provide inpatient assessment and treatment of adolescents who have mental illness, who evidence mental illness-related behavior that may be dangerous to the adolescent or to others, and who have a history of mental illness and resistance to less restrictive forms of treatment. A county department under s. 51.42 may refer an adolescent for assessment or treatment under this section and shall approve all admissions to the program under this section of adolescents committed under s. 51.20 or 51.45 or admitted under s. 51.13. Transfers under s. 51.35 (3) or 51.37 (5) may also be made to the program under this section.

Note: Conforms capitalization to current style.

103,139 Section 139. 46.041 (1) (intro.) of the statutes is amended to read:

46.041 (1) (intro.) A program to be known as the "children's consultation service" shall be provided. The service shall be established at the Mendota mental health institute Mental Health Institute or the Winnebago mental health institute Mental Health Institute, or at both institutions. The service shall:

Note: Conforms capitalization to current style.

103,140 Section 140. 46.042 of the statutes is amended to read:

46.042 Treatment program for emotionally disturbed children. The department shall establish a program for the intensive treatment of emotionally disturbed children. The program shall be operated by the Mendota mental health institute Mental Health Institute and be subject to all federal and state laws, rules, and regulations which that apply to the institute. Operational planning shall provide close interrelationship between the department and the University of Wisconsin Medical School for conduct of educational and research programs.

Note: Conforms capitalization to current style.

103,141 Section 141. 46.10 (14) (a) of the statutes is amended to read:

46.10 (14) (a) Except as provided in pars. (b) and (c), liability of a person specified in sub. (2) or s. 46.03 (18) for inpatient care and maintenance of persons under 18 years of age at community mental health centers, a county mental health complex under s. 51.08, the centers for the developmentally disabled, the Mendota mental health institute Mental Health Institute, and the Winnebago mental health institute Mental Health Institute or care and maintenance of persons under 18 years of age in residential, nonmedical facilities such as group homes, foster homes, treatment foster homes, child caring institutions, and juvenile correctional institutions is determined in accordance with the cost-based fee established under s. 46.03 (18). The department shall bill the liable person up to any amount of liability not paid by an insurer under s. 632.89 (2) or (2m) or by other 3rd party 3rd-party benefits, subject to rules which that include formulas governing ability to pay promulgated by the department under s. 46.03 (18). Any liability of the patient not payable by any other person terminates when the patient reaches age 18, unless the liable person has prevented payment by any act or omission.

Note: Conforms capitalization and hyphenation to current style.

103,142 Section 142. 46.19 (1) of the statutes is amended to read:

46.19 (1) The trustees shall appoint a superintendent of each institution and may remove the superintendent for cause, as defined in s. 17.16 (2) 17.001, on due notice in writing and hearing of the charges against the superintendent.

Note: Section 17.16 (2) is renumbered s. 17.001 by this bill.

103,143 Section 143. 46.22 (1) (c) 1. b. of the statutes is amended to read:

46.22 (1) (c) 1. b. `State institutions.' The Mendota mental health institute, Mental Health Institute, the Winnebago mental health institute Mental Health Institute, centers for the developmentally disabled, and Type 1 secured correctional facilities, as defined in s. 938.02 (19).

Note: Conforms capitalization to current style.

103,144 Section 144. 46.27 (7) (b) 1m. of the statutes is renumbered 46.27 (7) (b).