2019 - 2020 LEGISLATURE
April 5, 2019 - Introduced by Representatives Kulp,
Edming, Spiros, Tusler, Thiesfeldt, Pronschinske and Skowronski,
cosponsored by Senators Nass, Carpenter, Bernier and Jacque. Referred to
Committee on Local Government.
1An Act to amend
45.85 (1), 45.85 (2) and 45.85 (3); and to create
20.485 (2) (cm) 2
and 45.85 (2m) of the statutes;
relating to: care of the graves of veterans and
3making an appropriation.
Analysis by the Legislative Reference Bureau
This bill requires the Department of Veterans Affairs to reimburse cities,
villages, and towns for costs incurred in the care of veterans' graves, subject to the
1. A city, village, or town may not receive more than $5 per grave per year.
2. All cities, villages, and towns located in the same county may not receive
more than a total of $10,000 under the bill per year.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
20.005 (3) (schedule) of the statutes: at the appropriate place, insert 5
the following amounts for the purposes indicated:
- See PDF for table
20.485 (2) (cm) of the statutes is created to read:
(cm) Care of graves; local assistance.
The amounts in the schedule 3
for the purpose of making reimbursement payments to municipalities under s. 45.85 4
(2m) for expenses incurred in caring for veterans' graves.
45.85 (1) of the statutes is amended to read:
Every town board, village board,
common council of every city 7
shall at all times see that the graves and tombstones located in each cemetery owned
8by, operated by, maintained by, or under the control of the city, village, or town
of all 9
veterans, including women's auxiliary organizations created by act of Congress, who 10
shall at any time have served in any branch of the armed forces of the United States, 11
and of the spouses or surviving spouses of all those veterans, receive proper and 12
decent care, and may employ all necessary assistance to carry out this section. The 13Subject to reimbursement under subs. (2m) and (3), the
expense of the care of the 14
graves and tombstones shall be borne by the county
city, village, or town that owns,
15operates, maintains, or controls the cemetery
where the graves are located, except
16where suitable care is otherwise provided. The amount of expense charged the
17county for the care may not exceed the charge made for the care of other graves in
18the same cemetery
45.85 (2) of the statutes is amended to read:
45.85 (2) The governing body specified in sub. (1) shall report to the county
2clerk of its county Each city, village, or town may
, on or before September 1 of each 3
year, submit an application for reimbursement under sub. (2m) to the department.
4The application shall include
the locations of the graves cared for by the governing
5body city, village, or town
under sub. (1),
including the name and location of the
together with the names of the deceased and the amount
claimed expended 7
for care of the graves for the fiscal year from the previous July 1 to June 30.
45.85 (2m) of the statutes is created to read:
(a) From the appropriation under s. 20.485 (2) (cm) and subject to 10
the limitations under par. (b), the department shall reimburse each city, village, or 11
town for the expenditure amounts shown in its application for reimbursement under 12
(b) 1. All cities, villages, and towns located in the same county may not receive 14
more than $10,000 under par. (a) in the aggregate in any fiscal year. If the aggregate 15
amount of expenditures shown in all applications for reimbursement submitted 16
under sub. (2) by cities, villages, and towns located in the same county exceeds 17
$10,000 in a fiscal year, the department shall prorate the amounts paid under par. 18
(a) among those cities, villages, and towns.
2. No city, village, or town may receive a reimbursement under par. (a) in any 20
fiscal year that exceeds $5 per grave cared for under sub. (1).
45.85 (3) of the statutes is amended to read:
The chairperson of the county board and the county clerk, upon
23receipt of the report under sub. (2), shall of the county in which a cemetery is located
draw an order on the county treasurer for the amount of the expenses incurred
25in caring expended
for the care of
graves, payable to the person or persons designated
1in the report as being entitled to the payment under sub. (1) by the city, village, or
2town that owns, operates, maintains, or controls the cemetery for which the city,
3village, or town does not receive reimbursement under sub. (2m)
This act takes effect on the day after publication, or on the 2nd day after 6
publication of the 2019 biennial budget act, whichever is later.