2001 Wisconsin Act 103

Note: Moves the definition of "war period" applicable to all of ch. 45 to the beginning of the chapter.

103,103 Section 103. 45.35 (5m) (title) of the statutes is renumbered 45.348 (title) and amended to read:

45.348 (title) Dependent and child defined for ss. 45.35, 45.351, and 45.356.

Note: See the next section of this bill.

103,104 Section 104. 45.35 (5m) (a) and (b) of the statutes are renumbered 45.348 (2) (a) and (b) and amended to read:

45.348 (2) (a) "Dependent" of a veteran as used in this section and In ss. 45.35 and 45.351 and 45.356, "dependent" includes only any of the following:

1. A wife or husband spouse, an unremarried widow or widower;, or a divorced wife spouse, but only when if the divorced spouse is receiving benefits under a court order.

2. Any child of the veteran under 18 years of age, or under the age of 26 if in full attendance at a recognized school of instruction, or of any age if incapable of self-support by reason of mental or physical disability. "Child" as used in this section means any natural child, any legally adopted child, any stepchild or child if a member of the veteran's household or any nonmarital child if the veteran acknowledges paternity or the same has been otherwise established.

3. The natural mother or natural father parent or a person to whom the veteran stands in the place of a parent and who has so stood for not less than 12 months prior to the veteran's entrance into active service.

4. A minor sister or minor brother sibling or a brother or sister sibling of any age if incapable of self-support by reason of mental or physical disability.

(b) For purposes of defining "dependent" under this subsection par. (a), "veteran" includes a 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, who was a resident of this state at the time of entry or reentry into active duty and who died while on active duty if that the person's death was not the result of the veteran's wilful person's willful misconduct.

Note: Moves the definition of "dependent" applicable to multiple sections to a separate section for easier access. The definition of "child" is deleted from the definition of "dependent" and recreated as a separate definition by this bill as s. 45.348 (1). See Section 91 of this bill. Dependent is not used in s. 45.356 and that cross-reference is deleted. Gender neutral terms are inserted pursuant to s. 13.93 (1) (m) 2. Amends punctuation and inserts specific references and cross-references to improve readability and to conform to current style.

103,105 Section 105. 45.35 (6) of the statutes is amended to read:

45.35 (6) Coordination duties. The department shall coordinate the activities of all state agencies and the University of Wisconsin Hospitals and Clinics Authority performing functions relating to the medical, hospital, or other remedial care,; placement and training,; and educational, economic, or vocational rehabilitation of persons who served in the armed forces of the United States at any time and who were honorably discharged, including such persons with disabilities whether or not service-connected or war-connected. In particular it, the department shall coordinate the activities of the technical college system board, state selective service administration, department of health and family services, department of workforce development, department of public instruction, the University of Wisconsin System and other educational institutions, the University of Wisconsin Hospitals and Clinics Authority, and all other departments or agencies performing any of the functions specified, to the end that the benefits provided in this section may be made available to veterans as promptly and effectively as possible.

Note: Replaces pronoun with specific reference to improve readability.

103,106 Section 106. 45.35 (13) (b) of the statutes is amended to read:

45.35 (13) (b) The department may also receive moneys or other gifts and bequests in its name for the benefit of the Wisconsin veterans museum Veterans Museum. All moneys so received shall be deposited in the state treasury and credited to the veterans trust fund and is appropriated therefrom by from s. 20.485 (2) (zm) to the department to be used, as far as practicable in accordance with the wishes of the donors, and in accordance with the policies adopted by the board.

Note: Conforms capitalization to current style. Removes unnecessary language regarding appropriation.

103,107 Section 107. 45.35 (17) (c) 1. of the statutes is renumbered 45.35 (17) (c) 1m.

Note: Accommodates the renumbering of s. 45.35 (17) (c) 4. to s. 45.35 (17) (c) 1g. by this bill.

103,108 Section 108. 45.35 (17) (c) 3. of the statutes is amended to read:

45.35 (17) (c) 3. The department shall incorporate the payment acceleration requirements of subd. 1. 1m. in all loan documents for programs administered by the department under s. 45.351 or subch. II.

Note: Subdivision 1. is renumbered to subd. 1m. by this bill.

103,109 Section 109. 45.35 (17) (c) 4. of the statutes is renumbered 45.35 (17) (c) 1g.

Note: Renumbers a definition to the beginning of the section and modifies language, consistent with current style.

103,110 Section 110. 45.351 (1) of the statutes, as affected by 2001 Wisconsin Act 16, is renumbered 45.351 (1) (a) and amended to read:

45.351 (1) (a) The department may grant subsistence aid to any incapacitated individual who is a veteran or a dependent of a veteran in an amount that the department determines is advisable to prevent want or distress. The department may grant subsistence aid under this subsection paragraph to an individual whose incapacitation is the result of the individual's abuse of alcohol or other drugs if the individual is participating in an alcohol and other drug abuse treatment program that is approved by the department. The department may grant subsistence aid on a month-to-month basis or for a 3-month period. The department may grant subsistence aid for a 3-month period if the veteran or dependent whose incapacity is the basis for the aid will be incapacitated for more than 3 months and if earned or unearned income or aid from sources other than those listed in the application will not be available in the 3-month period. Subsistence aid is limited to a maximum of 3 months in a 12-month period unless the department determines that the need for subsistence aid in excess of this maximum time period is caused by the aid recipient's relapse.

(b) The department may submit a request to the joint committee on finance for supplemental funds from the veterans trust fund to be credited to the appropriation account under s. 20.485 (2) (vm) for subsistence grants to veterans. If the cochairpersons of the committee do not notify the secretary of the department within 14 working days after the date of the department's submittal that the committee intends to schedule a meeting to review the request, the appropriation account shall be supplemented as provided in the request. If, within 14 working days after the date of the department's submittal, the cochairpersons of the committee notify the secretary of the department that the committee intends to schedule a meeting to review the request, the appropriation account shall be supplemented only as approved by the committee.

Note: Subdivides long provision for improved readability. "Secretary" in ch. 45 is defined as the secretary of veterans affairs by s. 45.001 (3), which is created by this bill.

103,111 Section 111. 45.356 (1m) of the statutes is repealed.

Note: Repeals definitions of "department" and "veteran" made unnecessary by the creation of s. 45.001, which defines those terms for all of ch. 45.

103,112 Section 112. 45.356 (2) of the statutes is amended to read:

45.356 (2) The department may lend a veteran, a veteran's unremarried spouse, or a deceased veteran's child who meets the requirements of s. 45.35 (5m) (a) 2. not more than $15,000, or a lesser amount established by the department by rule, for the purchase of a mobile home, business, or business property, the education of the veteran or his or her the veteran's spouse or children, the payment of medical or funeral expenses, the payment under sub. (6) (c), or the consolidation of debt. The department may prescribe loan conditions, but the term of the loan may not exceed 10 years. The department shall ensure that the proceeds of any loan made under this section shall first be applied to pay any delinquent child support or maintenance payments and then to pay any past support, medical expenses, or birth expenses.

Note: This bill incorporates the requirements for a child in s. 45.35 (5m) (a) 2. into a definition at s. 45.348 that is applicable to this section, which renders the text deleted by this section unnecessary. Punctuation is amended and a specific reference replaces pronouns to improve readability and to conform to current style.

103,113 Section 113. 45.356 (3) of the statutes is amended to read:

45.356 (3) The department may lend not more than $15,000, or a lesser amount established by the department by rule, to a veteran's remarried surviving spouse or to the parent of a deceased veteran's child for the education of a child who meets the requirements of s. 45.35 (5m) (a) 2.

Note: This bill incorporates the requirements for a child in s. 45.35 (5m) (a) 2. into a definition at s. 45.348 that is applicable to this section, which renders the text deleted by this section unnecessary.

103,114 Section 114. 45.357 (1) of the statutes is amended to read:

45.357 (1) The department of veterans affairs shall administer a program to provide assistance to persons who served in the U.S. armed forces or in forces incorporated as part of the U.S. armed forces and who were discharged under conditions other than dishonorable. The department shall provide assistance to persons whose need for services is based upon homelessness, incarceration, or other circumstances designated by the department by rule. The department shall designate the assistance available under this section, which may include assistance in receiving medical care, dental care, education, employment, and transitional housing. The department may provide grants to facilitate the provision of services under this section.

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

103,115 Section 115. 45.358 (2) of the statutes is amended to read:

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.