AB210: Bill Text

2005 Assembly BILL 210

March 14, 2005 - Introduced by Joint Legislative Council. Referred to Committee on Veterans Affairs.

AB210,3,2 An Act to repeal 20.485 (2) (e), 20.485 (2) (em), 21.16 and 150.46 (3); to amend 15.497 (2) (c), 16.75 (4) (d), 16.96 (2) (f), 18.04 (2), 18.04 (5) (a), 18.04 (5) (b), 18.04 (5) (c), 18.04 (6) (b), 18.04 (6) (c), 18.06 (7) (intro.), 20.435 (4) (vt), 20.485 (1) (title), 20.485 (1) (d), 20.485 (1) (e), 20.485 (1) (g), 20.485 (1) (gd), 20.485 (1) (gk), 20.485 (1) (go), 20.485 (1) (h), 20.485 (1) (hm), 20.485 (1) (i), 20.485 (1) (j), 20.485 (1) (m), 20.485 (1) (mj), 20.485 (1) (t), 20.485 (2) (c), 20.485 (2) (d), 20.485 (2) (g), 20.485 (2) (kt), 20.485 (2) (q), 20.485 (2) (rm), 20.485 (2) (rp), 20.485 (2) (s), 20.485 (2) (tf), 20.485 (2) (th), 20.485 (2) (tj), 20.485 (2) (u), 20.485 (2) (vg), 20.485 (2) (vm), 20.485 (2) (vw), 20.485 (2) (vx), 20.485 (2) (vz), 20.485 (2) (wd), 20.485 (2) (x), 20.485 (2) (yn), 20.485 (2) (yo), 20.485 (2) (z), 20.485 (2) (zm), 20.485 (3) (b), 20.485 (3) (e), 20.485 (3) (q), 20.485 (3) (rm), 20.485 (3) (s), 20.485 (3) (sm), 20.485 (3) (t), 20.485 (3) (v), 20.485 (3) (w), 20.485 (3) (wd), 20.485 (3) (wg), 20.485 (3) (wp), 20.485 (4) (g), 20.485 (4) (h), 20.485 (4) (m), 20.485 (4) (q), 20.485 (4) (r), 20.485 (5) (g), 20.485 (5) (gm), 20.866 (2) (zn), 21.11 (3), 21.49 (4) (c), 21.80 (3) (g), 25.17 (1) (xp), 25.17 (1) (yv), 25.36 (1), 25.37, 28.035 (3) (a), 29.219 (2) (c), 29.506 (7m) (a), 29.563 (3) (a) 8., 36.27 (2) (b) 4., 36.27 (3r), 38.24 (6), 40.05 (4g) (a) 4., 46.27 (1) (b), 46.27 (1) (dr), 46.27 (6) (a) 2. cm., 49.19 (9), 49.45 (3) (e) 7m., 49.45 (6m) (bg), 49.855 (4m) (b), 50.034 (4), 50.135 (3), 50.39 (3), 51.20 (10) (cm), 51.35 (6) (a), 51.45 (13) (h), 59.52 (16) (b) (title), 59.52 (16) (b) 2., 59.535 (1) (a), 59.535 (4), 59.65, 66.0509 (title), 66.1201 (9) (x), 67.015, 69.30 (1) (bm), 69.30 (2), 70.11 (1), 70.11 (3a), 70.11 (9), 71.05 (6) (b) 28. (intro.), 86.03 (4), 86.03 (6), 120.13 (37) (a) 3., 125.14 (2) (e), 125.26 (6), 125.51 (10), 132.16 (1) (a), 139.31 (3), 139.76 (2), 146.997 (1) (c), 150.31 (5m), 150.46 (1), 150.84 (2), 150.93 (5), 150.95 (2), 155.01 (6), 157.637, 182.028, 186.113 (14) (a), 188.26, 215.21 (2), 224.71 (3) (b) 7., 230.03 (14) (b), 230.03 (14) (c), 230.08 (2) (xm), 230.315 (1) (c), 230.36 (1m) (b) 1. (intro.), 234.03 (13m), 234.40 (1), 234.40 (3), 234.41 (1), 234.41 (2), 234.60 (3) (a), 234.60 (3) (b), 252.14 (1) (d), 341.14 (6) (a), 341.26 (2) (g), 421.203 (1), 421.301 (6), 460.05 (1) (e) 1., 563.11 (1) (intro.), 565.10 (14) (a) (intro.), 610.70 (1) (e), 812.30 (9), 814.29 (1) (d) 1., 815.18 (13) (k), 851.09, subchapter II (title) of chapter 880 [precedes 880.60], 880.60 (title), 880.60 (1) (a), 880.60 (5) (b), 880.60 (19), 944.21 (8) (b) 3. a. and 948.11 (4) (b) 3. a.; to repeal and recreate chapter 45; and to create 21.74, 21.78, 21.79, subchapter V (title) of chapter 39 [precedes 39.90], 39.90, 86.03 (7) and 230.04 (17) of the statutes; relating to: the powers and duties of the Department of Veterans Affairs, veterans assistance, educational programs, burials, cemeteries, homes, housing loans, memorials, and museums, the employment rights and benefits available to persons who are in or who return from military service, the Educational Approval Board, granting rule-making authority, requiring the exercise of rule-making authority, making appropriations, and providing 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 Section 1. 15.497 (2) (c) of the statutes is amended to read:

AB210,5,3 15.497 (2) (c) One representative of the Wisconsin county veterans' veterans service officers.

AB210, s. 2 Section 2. 16.75 (4) (d) of the statutes is amended to read:

AB210,5,8 16.75 (4) (d) In this subsection and s. 16.755, "veteran-owned business" means a small business, as defined in par. (c), that is certified by the department of veterans affairs as being at least 51% owned by one or more veterans, as defined in s. 45.35 (5) 45.01 (12).

AB210, s. 3 Section 3. 16.96 (2) (f) of the statutes is amended to read:

AB210,6,8 16.96 (2) (f) Persons who are members in the Wisconsin Veterans Home at King shall be considered residents of the town of Farmington and of Waupaca County, persons who are members in the Wisconsin Veterans Home at Chippewa Falls shall be considered residents of the city of Chippewa Falls and of Chippewa County, and persons who are members in the Wisconsin veterans facility in southeastern Wisconsin Veterans Home at Union Grove shall be considered residents of the town of Dover and of Racine County for purposes of the state revenue sharing distribution under subch. I of ch. 79.

AB210, s. 4 Section 4. 18.04 (2) of the statutes is amended to read:

AB210,6,17 18.04 (2) The commission shall authorize public debt to be contracted and evidences of indebtedness to be issued therefor for the debt up to the amounts specified by the legislature to acquire, construct, develop, extend, enlarge or improve land, waters, property, highways, buildings, equipment or facilities or to make funds available for veterans' veterans housing loans for the classes of public purposes specified by the legislature as the funds are required. Said The requirements for funds shall be established by that department or agency head having program responsibilities for which public debt has been authorized by the legislature.

AB210, s. 5 Section 5. 18.04 (5) (a) of the statutes is amended to read:

AB210,6,20 18.04 (5) (a) To acquire public debt contracted to make funds available for veterans' veterans housing loans under sub. (2).

AB210, s. 6 Section 6. 18.04 (5) (b) of the statutes is amended to read:

AB210,6,23 18.04 (5) (b) To fund or refund public debt contracted to make funds available for veterans' veterans housing loans under sub. (2).

AB210, s. 7 Section 7. 18.04 (5) (c) of the statutes is amended to read:

AB210,7,4 18.04 (5) (c) To acquire public debt, other than public debt that is contracted to make funds available for veterans' veterans housing loans under sub. (2), for the purpose of investment for the veterans primary mortgage loan program under s. 45.79 45.37.

AB210, s. 8 Section 8. 18.04 (6) (b) of the statutes is amended to read:

AB210,7,10 18.04 (6) (b) The commission may direct that moneys resulting from any public debt contracted under this section be deposited in the funds or accounts created or designated by resolution of the commission or established by resolution under s. 45.79 (7) 45.37 (7), including escrow accounts established under refunding escrow agreements that are authorized by the commission.

AB210, s. 9 Section 9. 18.04 (6) (c) of the statutes is amended to read:

AB210,7,15 18.04 (6) (c) Notwithstanding s. 25.17, moneys deposited or held in funds or accounts under par. (b) and all other moneys received under s. 45.79 (7) (a) (intro.) 45.37 (7) (a) (intro.) may be invested in any obligations, either through cash purchase or exchange, as specified by resolution of the commission.

AB210, s. 10 Section 10. 18.06 (7) (intro.) of the statutes is amended to read:

AB210,7,19 18.06 (7) (intro.) Notwithstanding subs. (2) to (5), the following procedures apply to public debt contracted for any of the purposes under s. 18.04 (5) or contracted for the purpose of making funds available for veterans' veterans housing loans:

AB210, s. 11 Section 11. 20.435 (4) (vt) of the statutes is amended to read:

AB210,7,23 20.435 (4) (vt) Veterans trust fund; nurse stipends. From the veterans trust fund, the amounts in the schedule for the state share of the medical assistance costs related to the provision of stipends under s. 45.365 (7) 45.50 (9).

AB210, s. 12 Section 12. 20.485 (1) (title) of the statutes is amended to read:

AB210,7,25 20.485 (1) (title) Homes and facilities for veterans Veterans homes.

AB210, s. 13 Section 13. 20.485 (1) (d) of the statutes is amended to read:

AB210,8,4 20.485 (1) (d) Cemetery maintenance and beautification. The amounts in the schedule for cemetery maintenance and beautification at the Central Wisconsin Veterans Memorial Cemetery at the Wisconsin Veterans Home at King.

AB210, s. 14 Section 14. 20.485 (1) (e) of the statutes is amended to read:

AB210,8,7 20.485 (1) (e) Lease rental payments. A sum sufficient to pay the rentals required to be made on facilities under leases entered into under s. 45.38 45.03 (5).

AB210, s. 15 Section 15. 20.485 (1) (g) of the statutes is amended to read:

AB210,8,12 20.485 (1) (g) Home exchange. The amounts in the schedule for the purchase of the necessary materials, supplies and equipment for the operation of the home exchange, and compensation for members' labor. All moneys received from the sale of products authorized by s. 45.37 (9) 45.51 (7) shall be credited to this appropriation.

AB210, s. 16 Section 16. 20.485 (1) (gd) of the statutes is amended to read:

AB210,8,18 20.485 (1) (gd) Veterans home cemetery operations. All moneys received from the estate of the decedents under s. 45.37 (15) (c) 45.61 (5) for the burial of veterans and non-veterans in the a Wisconsin Veterans Memorial Cemetery at the Wisconsin Veterans Home at King veterans cemetery under 45.61 (1), to be used for that purpose.

AB210, s. 17 Section 17. 20.485 (1) (gk) of the statutes is amended to read:

AB210,8,25 20.485 (1) (gk) Institutional operations. The amounts in the schedule for the care of the members of the Wisconsin Veterans Home at King, the Southern Wisconsin Veterans Retirement Center, and veterans facilities veterans homes under s. 45.50, and for the payment of stipends under s. 45.365 (7) 45.50 (9). All moneys received under par. (m) and s. 45.37 (9) (d) and (9d) 45.51 (7) (b) and (8) shall be credited to this appropriation.

AB210, s. 18 Section 18. 20.485 (1) (go) of the statutes is amended to read:

AB210,9,11 20.485 (1) (go) Self-amortizing housing facilities; principal repayment and interest. From the moneys received for providing housing services at the Wisconsin Veterans Home at King and the Wisconsin veterans facility in southeastern Wisconsin veterans homes under s. 45.50, a sum sufficient to reimburse s. 20.866 (1) (u) for the principal and interest costs incurred in acquiring, constructing, developing, enlarging or improving housing facilities at the Wisconsin Veterans Home at King and the Wisconsin veterans facility in southeastern Wisconsin veterans homes under s. 45.50 and to make the payments determined by the building commission under s. 13.488 (1) (m) that are attributable to the proceeds of obligations incurred in financing such the facilities.

AB210, s. 19 Section 19. 20.485 (1) (h) of the statutes is amended to read:

AB210,9,15 20.485 (1) (h) Gifts and bequests. All moneys received under s. 45.37 (10) and (11) 45.51 (10) and (11), or any moneys received by gifts or bequests, to carry out the purposes of ss. 45.365, 45.37 and 45.385 45.50 and 45.51.

AB210, s. 20 Section 20. 20.485 (1) (hm) of the statutes is amended to read:

AB210,9,19 20.485 (1) (hm) Gifts and grants. All moneys received from gifts and grants specifically for the purpose of s. 45.365 (1) (d) 45.50 (1) (c), to carry out the purpose of s. 45.365 (1) (d) 45.50 (1) (c).

AB210, s. 21 Section 21. 20.485 (1) (i) of the statutes is amended to read:

AB210,9,25 20.485 (1) (i) State-owned housing maintenance. The amounts in the schedule for maintenance of state-owned housing at the Wisconsin Veterans Home at King and the veterans facility in southeastern Wisconsin veterans homes under s. 45.50. All moneys received by the department from rentals of state-owned housing shall be credited to this appropriation account.