LRB-0529/2
RPN:wlj:jf
2005 - 2006 LEGISLATURE
March 14, 2005 - Introduced by Joint Legislative Council. Referred to
Committee on Veterans Affairs.
AB210,3,2
1An Act to repeal 20.485 (2) (e), 20.485 (2) (em), 21.16 and 150.46 (3);
to amend
215.497 (2) (c), 16.75 (4) (d), 16.96 (2) (f), 18.04 (2), 18.04 (5) (a), 18.04 (5) (b), 18.04
3(5) (c), 18.04 (6) (b), 18.04 (6) (c), 18.06 (7) (intro.), 20.435 (4) (vt), 20.485 (1)
4(title), 20.485 (1) (d), 20.485 (1) (e), 20.485 (1) (g), 20.485 (1) (gd), 20.485 (1) (gk),
520.485 (1) (go), 20.485 (1) (h), 20.485 (1) (hm), 20.485 (1) (i), 20.485 (1) (j), 20.485
6(1) (m), 20.485 (1) (mj), 20.485 (1) (t), 20.485 (2) (c), 20.485 (2) (d), 20.485 (2) (g),
720.485 (2) (kt), 20.485 (2) (q), 20.485 (2) (rm), 20.485 (2) (rp), 20.485 (2) (s),
820.485 (2) (tf), 20.485 (2) (th), 20.485 (2) (tj), 20.485 (2) (u), 20.485 (2) (vg),
920.485 (2) (vm), 20.485 (2) (vw), 20.485 (2) (vx), 20.485 (2) (vz), 20.485 (2) (wd),
1020.485 (2) (x), 20.485 (2) (yn), 20.485 (2) (yo), 20.485 (2) (z), 20.485 (2) (zm),
1120.485 (3) (b), 20.485 (3) (e), 20.485 (3) (q), 20.485 (3) (rm), 20.485 (3) (s), 20.485
12(3) (sm), 20.485 (3) (t), 20.485 (3) (v), 20.485 (3) (w), 20.485 (3) (wd), 20.485 (3)
13(wg), 20.485 (3) (wp), 20.485 (4) (g), 20.485 (4) (h), 20.485 (4) (m), 20.485 (4) (q),
1420.485 (4) (r), 20.485 (5) (g), 20.485 (5) (gm), 20.866 (2) (zn), 21.11 (3), 21.49 (4)
1(c), 21.80 (3) (g), 25.17 (1) (xp), 25.17 (1) (yv), 25.36 (1), 25.37, 28.035 (3) (a),
229.219 (2) (c), 29.506 (7m) (a), 29.563 (3) (a) 8., 36.27 (2) (b) 4., 36.27 (3r), 38.24
3(6), 40.05 (4g) (a) 4., 46.27 (1) (b), 46.27 (1) (dr), 46.27 (6) (a) 2. cm., 49.19 (9),
449.45 (3) (e) 7m., 49.45 (6m) (bg), 49.855 (4m) (b), 50.034 (4), 50.135 (3), 50.39
5(3), 51.20 (10) (cm), 51.35 (6) (a), 51.45 (13) (h), 59.52 (16) (b) (title), 59.52 (16)
6(b) 2., 59.535 (1) (a), 59.535 (4), 59.65, 66.0509 (title), 66.1201 (9) (x), 67.015,
769.30 (1) (bm), 69.30 (2), 70.11 (1), 70.11 (3a), 70.11 (9), 71.05 (6) (b) 28. (intro.),
886.03 (4), 86.03 (6), 120.13 (37) (a) 3., 125.14 (2) (e), 125.26 (6), 125.51 (10),
9132.16 (1) (a), 139.31 (3), 139.76 (2), 146.997 (1) (c), 150.31 (5m), 150.46 (1),
10150.84 (2), 150.93 (5), 150.95 (2), 155.01 (6), 157.637, 182.028, 186.113 (14) (a),
11188.26, 215.21 (2), 224.71 (3) (b) 7., 230.03 (14) (b), 230.03 (14) (c), 230.08 (2)
12(xm), 230.315 (1) (c), 230.36 (1m) (b) 1. (intro.), 234.03 (13m), 234.40 (1), 234.40
13(3), 234.41 (1), 234.41 (2), 234.60 (3) (a), 234.60 (3) (b), 252.14 (1) (d), 341.14 (6)
14(a), 341.26 (2) (g), 421.203 (1), 421.301 (6), 460.05 (1) (e) 1., 563.11 (1) (intro.),
15565.10 (14) (a) (intro.), 610.70 (1) (e), 812.30 (9), 814.29 (1) (d) 1., 815.18 (13) (k),
16851.09, subchapter II (title) of chapter 880 [precedes 880.60], 880.60 (title),
17880.60 (1) (a), 880.60 (5) (b), 880.60 (19), 944.21 (8) (b) 3. a. and 948.11 (4) (b)
183. a.;
to repeal and recreate chapter 45; and
to create 21.74, 21.78, 21.79,
19subchapter V (title) of chapter 39 [precedes 39.90], 39.90, 86.03 (7) and 230.04
20(17) of the statutes;
relating to: the powers and duties of the Department of
21Veterans Affairs, veterans assistance, educational programs, burials,
22cemeteries, homes, housing loans, memorials, and museums, the employment
23rights and benefits available to persons who are in or who return from military
24service, the Educational Approval Board, granting rule-making authority,
1requiring the exercise of rule-making authority, making appropriations, and
2providing penalties.
Analysis by the Legislative Reference Bureau
This bill is explained in the Notes provided by the Joint Legislative Council in
the bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
Prefatory note: This draft was prepared for the Joint Legislative Council's Special
Committee on Recodification of Chapter 45, Veterans, based on recommendations of the
committee's drafting subcommittee. The special committee was directed to conduct a
recodification of ch. 45, relating to veterans, to include reorganizing the chapter in a
logical manner, renumbering and retitling sections, consolidating related provisions,
modernizing language, resolving ambiguities in language, making other necessary
organizational changes, and making minor substantive changes.
The draft does the following:
1. Reorganizes the entire chapter by subdividing it into 8 subchapters. Currently,
the chapter consists of 2 subchapters, one of which relates to housing programs, and the
other of which includes all other veterans programs and services.
2. Makes nonsubstantive editorial changes to modernize language to make the
language consistent with current drafting style.
3. Repeals several provisions considered no longer necessary. For example,
language regarding construction of veterans memorials that have already been
constructed is eliminated. As another example, language regarding employment of
disabled veterans is eliminated in light of the state Fair Employment Act and the federal
Americans with Disabilities Act.
4. Moves to other chapters of the statutes provisions from current ch. 45 that are
not directly related to veterans. For example, provisions dealing with military service (ss.
45.50, 45.51, and 45.53) are moved to ch. 21, which relates to military affairs. As another
example, the provision dealing with the educational approval board (s. 45.54) is moved
to ch. 39, which relates to educational agencies.
5. Simplifies confusing statutory language by drafting it in a format that is easier
to understand. For example, the formula for awarding grants to veterans organizations
in current s. 45.353 (2) is simplified in the new s. 45.41 (2) by showing how much is
received by the organization depending on the level of expenditure.
6. Makes minor substantive changes that the special committee concluded are
relatively noncontroversial. These include the following:
a. Expanding the definition of "veteran" that is used in current ch. 45 to include
persons who are missing in action, persons who died as the result of a service-connected
disability, and persons who died in the line of duty while on inactive or active duty for
training purposes.
b. Changing the names of the state veterans facilities in current statutes to the
Wisconsin Veterans Home at Union Grove, the Wisconsin Veterans Home at King, and
the Wisconsin Veterans Home at Chippewa Falls, and generally applying the laws that
currently apply to just one or 2 of the homes to all 3 homes.
c. Expanding the definition of "war period" to include any period after the Iraq War
that results in a person receiving an Expeditionary Medal and that the state department
of veterans affairs determines and designates by rule. In designating a war period, the
department would be required to review the criteria used to establish the war periods
currently listed in the statutes and consult with the U.S. department of defence.
d. Requiring that ch. 45 be construed as liberally as the language permits in favor
of applicants. Currently, the liberal construction provision applies to many, but not all,
parts of the chapter.
e. Allowing deceased persons who served under honorable conditions in the
national guard or reserves to receive military funeral honors. Currently, military funeral
honors are limited to deceased persons who served in the U.S. armed forces.
The remainder of this prefatory note sets forth a table of contents listing all of the
subchapter titles and section titles of the revised ch. 45.
Subchapter I
General Provisions
45.001 Recognition of persons who served in the armed forces.
45.01 Definitions.
45.02 Eligibility for benefits.
45.03 Department of veterans affairs.
45.04 Release of information and records.
45.05 Registration of certificate of discharge.
45.06 Security.
45.07 Wisconsin Veterans Museum.
45.08 Memorial Day.
Subchapter II
Education and Training
45.20 Veterans education programs.
45.21 Retraining assistance program.
Subchapter III
Veterans Housing Loan Program
45.30 Purpose.
45.31 Definitions.
45.32 Powers of the department.
45.33 Eligibility and disqualifying factors.
45.34 Uses for loan proceeds.
45.35 Contribution.
45.36 Manner of repayment.
45.37 Mortgage loan program.
Subchapter IV
Assistance Programs
45.40 Economic assistance.
45.41 Payments to veterans organizations.
45.42 Veterans personal loans.
45.43 Veterans assistance program.
Subchapter V
Veterans Homes
45.50 Veterans homes; management.
45.51 Eligibility for membership.
Subchapter VI
Funerals, Burials, and Cemeteries
45.60 Military funeral honors.
45.61 Wisconsin veterans cemeteries.
45.62 Burial places compiled.
Subchapter VII
Memorials
45.70 Veterans memorials.
45.71 Catalog of memorials.
45.72 County and municipal memorials.
45.73 Sites for veterans memorial halls.
45.74 Memorial corporations organized under 1919 act.
45.75 Memorials in populous counties.
Subchapter VIII
Local Responsibilities
45.80 County veterans service officer.
45.81 County veterans service commission.
45.82 Grants to counties and tribes for improvement of services.
45.83 Transportation services grants to counties.
45.84 Burial allowance.
45.85 Care of graves.
45.86 County tax for needy veterans.
AB210, s. 1
1Section
1. 15.497 (2) (c) of the statutes is amended to read:
AB210,5,32
15.497
(2) (c) One representative of the Wisconsin county
veterans' veterans 3service officers.
AB210, s. 2
4Section
2. 16.75 (4) (d) of the statutes is amended to read:
AB210,5,85
16.75
(4) (d) In this subsection and s. 16.755, "veteran-owned business" means
6a small business, as defined in par. (c), that is certified by the department of veterans
7affairs as being at least 51% owned by one or more veterans, as defined in s.
45.35
8(5) 45.01 (12).