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).
AB210, s. 3
9Section
3. 16.96 (2) (f) of the statutes is amended to read:
AB210,6,8
116.96
(2) (f) Persons who are members in the Wisconsin Veterans Home at King
2shall be considered residents of the town of Farmington and of Waupaca County
,
3persons who are members in the Wisconsin Veterans Home at Chippewa Falls shall
4be considered residents of the city of Chippewa Falls and of Chippewa County, and
5persons who are members in the Wisconsin
veterans facility in southeastern
6Wisconsin Veterans Home at Union Grove shall be considered residents of the town
7of Dover and of Racine County for purposes of the state revenue sharing distribution
8under subch. I of ch. 79.
AB210, s. 4
9Section
4. 18.04 (2) of the statutes is amended to read:
AB210,6,1710
18.04
(2) The commission shall authorize public debt to be contracted and
11evidences of indebtedness to be issued
therefor for the debt up to the amounts
12specified by the legislature to acquire, construct, develop, extend, enlarge or improve
13land, waters, property, highways, buildings, equipment or facilities or to make funds
14available for
veterans' veterans housing loans for the classes of public purposes
15specified by the legislature as the funds are required.
Said The requirements for
16funds shall be established by that department or agency head having program
17responsibilities for which public debt has been authorized by the legislature.
AB210, s. 5
18Section
5. 18.04 (5) (a) of the statutes is amended to read:
AB210,6,2019
18.04
(5) (a) To acquire public debt contracted to make funds available for
20veterans' veterans housing loans under sub. (2).
AB210, s. 6
21Section
6. 18.04 (5) (b) of the statutes is amended to read:
AB210,6,2322
18.04
(5) (b) To fund or refund public debt contracted to make funds available
23for
veterans' veterans housing loans under sub. (2).
AB210, s. 7
24Section
7. 18.04 (5) (c) of the statutes is amended to read:
AB210,7,4
118.04
(5) (c) To acquire public debt, other than public debt that is contracted
2to make funds available for
veterans' veterans housing loans under sub. (2), for the
3purpose of investment for the veterans primary mortgage loan program under s.
445.79 45.37.
AB210, s. 8
5Section
8. 18.04 (6) (b) of the statutes is amended to read:
AB210,7,106
18.04
(6) (b) The commission may direct that moneys resulting from any public
7debt contracted under this section be deposited in the funds or accounts created or
8designated by resolution of the commission or established by resolution under s.
945.79 (7) 45.37 (7), including escrow accounts established under refunding escrow
10agreements that are authorized by the commission.
AB210, s. 9
11Section
9. 18.04 (6) (c) of the statutes is amended to read:
AB210,7,1512
18.04
(6) (c) Notwithstanding s. 25.17, moneys deposited or held in funds or
13accounts under par. (b) and all other moneys received under s.
45.79 (7) (a) (intro.) 1445.37 (7) (a) (intro.) may be invested in any obligations, either through cash purchase
15or exchange, as specified by resolution of the commission.
AB210, s. 10
16Section
10. 18.06 (7) (intro.) of the statutes is amended to read:
AB210,7,1917
18.06
(7) (intro.) Notwithstanding subs. (2) to (5), the following procedures
18apply to public debt contracted for any of the purposes under s. 18.04 (5) or contracted
19for the purpose of making funds available for
veterans' veterans housing loans:
AB210, s. 11
20Section
11. 20.435 (4) (vt) of the statutes is amended to read:
AB210,7,2321
20.435
(4) (vt)
Veterans trust fund; nurse stipends. From the veterans trust
22fund, the amounts in the schedule for the state share of the medical assistance costs
23related to the provision of stipends under s.
45.365 (7) 45.50 (9).
AB210, s. 12
24Section
12. 20.485 (1) (title) of the statutes is amended to read:
AB210,7,2525
20.485
(1) (title)
Homes and facilities for veterans Veterans homes.
AB210, s. 13
1Section
13. 20.485 (1) (d) of the statutes is amended to read:
AB210,8,42
20.485
(1) (d)
Cemetery maintenance and beautification. The amounts in the
3schedule for cemetery maintenance and beautification at the
Central Wisconsin
4Veterans Memorial Cemetery
at the Wisconsin Veterans Home at King.
AB210, s. 14
5Section
14. 20.485 (1) (e) of the statutes is amended to read:
AB210,8,76
20.485
(1) (e)
Lease rental payments. A sum sufficient to pay the rentals
7required to be made on facilities under leases entered into under s.
45.38 45.03 (5).
AB210, s. 15
8Section
15. 20.485 (1) (g) of the statutes is amended to read:
AB210,8,129
20.485
(1) (g)
Home exchange. The amounts in the schedule for the purchase
10of the necessary materials, supplies and equipment for the operation of the home
11exchange, and compensation for members' labor. All moneys received from the sale
12of products authorized by s.
45.37 (9) 45.51 (7) shall be credited to this appropriation.
AB210, s. 16
13Section
16. 20.485 (1) (gd) of the statutes is amended to read:
AB210,8,1814
20.485
(1) (gd)
Veterans home cemetery operations. All moneys received from
15the estate of the decedents under s.
45.37 (15) (c)
45.61 (5) for the burial of veterans
16and non-veterans in
the a Wisconsin
Veterans Memorial Cemetery at the Wisconsin
17Veterans Home at King veterans cemetery under 45.61 (1), to be used for that
18purpose.
AB210, s. 17
19Section
17. 20.485 (1) (gk) of the statutes is amended to read:
AB210,8,2520
20.485
(1) (gk)
Institutional operations. The amounts in the schedule for the
21care of the
members of the Wisconsin
Veterans Home at King, the Southern
22Wisconsin Veterans Retirement Center, and veterans facilities
veterans homes
23under s. 45.50, and for the payment of stipends under s.
45.365 (7) 45.50 (9). All
24moneys received under par. (m) and s.
45.37 (9) (d) and (9d) 45.51 (7) (b) and (8) shall
25be credited to this appropriation.
AB210, s. 18
1Section
18. 20.485 (1) (go) of the statutes is amended to read:
AB210,9,112
20.485
(1) (go)
Self-amortizing housing facilities; principal repayment and
3interest. From the moneys received for providing housing services at
the Wisconsin
4Veterans Home at King and the Wisconsin veterans facility in southeastern
5Wisconsin veterans homes under s. 45.50, a sum sufficient to reimburse s. 20.866 (1)
6(u) for the principal and interest costs incurred in acquiring, constructing,
7developing, enlarging or improving housing facilities at
the Wisconsin
Veterans
8Home at King and the Wisconsin veterans facility in southeastern Wisconsin 9veterans homes under s. 45.50 and to make the payments determined by the building
10commission under s. 13.488 (1) (m) that are attributable to the proceeds of
11obligations incurred in financing
such the facilities.
AB210, s. 19
12Section
19. 20.485 (1) (h) of the statutes is amended to read:
AB210,9,1513
20.485
(1) (h)
Gifts and bequests. All moneys received under s.
45.37 (10) and
14(11) 45.51 (10) and (11), or any moneys received by gifts or bequests, to carry out the
15purposes of ss.
45.365, 45.37 and 45.385 45.50 and 45.51.
AB210, s. 20
16Section
20. 20.485 (1) (hm) of the statutes is amended to read:
AB210,9,1917
20.485
(1) (hm)
Gifts and grants. All moneys received from gifts and grants
18specifically for the purpose of s.
45.365 (1) (d)
45.50 (1) (c), to carry out the purpose
19of s.
45.365 (1) (d) 45.50 (1) (c).
AB210, s. 21
20Section
21. 20.485 (1) (i) of the statutes is amended to read:
AB210,9,2521
20.485
(1) (i)
State-owned housing maintenance. The amounts in the schedule
22for maintenance of state-owned housing at
the Wisconsin
Veterans Home at King
23and the veterans facility in southeastern Wisconsin veterans homes under s. 45.50.
24All moneys received by the department from rentals of state-owned housing shall
25be credited to this appropriation account.
AB210, s. 22
1Section
22. 20.485 (1) (j) of the statutes is amended to read:
AB210,10,42
20.485
(1) (j)
Geriatric program receipts. All moneys received from program
3operations by the geriatric evaluation, research
, and education program, to carry out
4the purpose of s.
45.365 (1) (d) 45.50 (1) (c).
AB210, s. 23
5Section
23. 20.485 (1) (m) of the statutes is amended to read:
AB210,10,116
20.485
(1) (m)
Federal aid; care at veterans home and facilities homes. All
7moneys received from the federal government for care of veterans of any war or
8military expedition of the United States who have been admitted to and cared for at
9the Wisconsin Veterans Home at King and veterans facilities Wisconsin veterans
10homes under s. 45.50. The net revenues accruing under this paragraph shall be
11credited to the appropriation under par. (gk).
AB210, s. 24
12Section
24. 20.485 (1) (mj) of the statutes is amended to read:
AB210,10,1613
20.485
(1) (mj)
Federal aid; geriatric unit. All moneys received from the federal
14government for the geriatric program at
the Wisconsin
Veterans Home at King and
15veterans facilities veterans homes, to carry out the purpose of s.
45.365 (1) (d) 45.50
16(1) (c).
AB210, s. 25
17Section
25. 20.485 (1) (t) of the statutes is amended to read: