2001 Wisconsin Act 103

103,82 Section 82. 45.14 (2) of the statutes is renumbered 45.14 (2) (a) and amended to read:

45.14 (2) (a) Except as provided under sub. (3), the commission may furnish aid to any person within s. 45.10 if the right of such that person to aid shall be is established to its the commission's satisfaction.

(b) The secretary of the commission shall make and deposit with the county clerk a list containing the name, place of residence, and the amount to be paid to each such person furnished with aid under par. (a), which shall be signed by the chairperson and secretary of the commission.

(c) The total disbursements made by the commission under this subsection shall not exceed the amount collected from the tax levied. When such lists are a list under par. (b) is filed, the county clerk shall issue an order upon the county treasurer for the sum designated therein in the list in each case and deliver it that sum to the person entitled thereto to that sum.

(d) The commission may furnish aid in a different manner than by supplying money. The commission may request the county clerk to issue an order upon the county treasurer to a purveyor of services or commodities for the purchase of such services or commodities, or the commission may furnish such supplies, as it deems considers best.

(e) The commission shall make a detailed report to the county board at each annual session thereof of the county board showing the amount expended under this subsection.

Note: Subdivides provision, creates a definition, inserts specific references and cross-references, and modifies language and punctuation to improve readability and to conform to current style.

103,83 Section 83. 45.185 (2) and (3) of the statutes are amended to read:

45.185 (2) Such The municipal governing bodies specified in sub. (1) shall report to the county clerk of their respective counties, on or before September 1 of each year, the respective locations of the graves so taken care of cared for by them under sub. (1), together with the name names of the deceased and the amount claimed for such care of the graves for a the fiscal year from the previous July 1 to June 30.

(3) The chairperson of the county board and the county clerk of such county, upon receipt of such the report under sub. (2), shall draw an order on the county treasurer for the amount of the expenses so incurred in caring for the graves, payable to the person or persons designated in said the report as being entitled thereto.

Note: Inserts specific references and cross-references, specifies that the board in sub. (3) is the county board, and otherwise modifies text and punctuation to improve readability and to conform to current style.

103,84 Section 84. 45.19 of the statutes is amended to read:

45.19 Military honors funerals. The department of veterans affairs shall administer a program to coordinate the provision of military honors funerals to deceased veterans by local units of member organizations of the council on veterans programs and by members of the Wisconsin national guard activated under s. 21.11 (3). From the appropriation under s. 20.485 (2) (q), the department shall reimburse a local unit of a member organization of the council on veterans programs for the costs of providing a military honors funeral to a deceased veteran. The reimbursement may not exceed $50 for each military honors funeral.

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

103,85 Section 85. 45.21 of the statutes is amended to read:

45.21 Registration of certificate of discharge. Every person who has served in the U.S. armed forces at any time, and who has been honorably discharged or given a certificate of service or relieved from active service may record with the register of deeds of any county, in a suitable book provided by the county for that purpose, a certificate of discharge or release. The certificate shall be accessible only to the discharged person or that person's dependents, the county veterans' service officer, the department of veterans affairs, or any person with written authorization from the person discharged person or that person's dependents. The register of deeds may not charge for recording, except that in counties where the register of deeds is under the fee system and not paid a fixed salary, the county shall pay the fee specified in s. 59.43 (2) (ag). The record of any such certificate heretofore of discharge or release made prior to July 6, 1919, is hereby legalized.

Note: "Department" in ch. 45 is defined as the department of veterans affairs by s. 45.001 (2), which is created by this bill. Inserts specific references and the effective date of the last sentence to improve clarity and readability.

103,86 Section 86. 45.25 (1) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

45.25 (1) Administration. The department of veterans affairs shall administer a tuition and fee reimbursement program for eligible veterans enrolling as undergraduates in any institution of higher education, as defined in s. 45.396 (1) (a), in this state, enrolling in a school that is approved under s. 45.35 (9m), enrolling in a proprietary school that is approved under s. 45.54, or receiving a waiver of nonresident tuition under s. 39.47.

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

103,87 Section 87. 45.34 (2) (e) 3. of the statutes is amended to read:

45.34 (2) (e) 3. Between August 1, 1990, and the ending date of Operation Desert Shield or Operation Desert Storm, as established by the department of veterans affairs by rule.

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

103,88 Section 88. 45.34 (2) (f) 3. of the statutes, as created by 2001 Wisconsin Act 22, is amended to read:

45.34 (2) (f) 3. Between September 11, 2001, and the ending date of Operation Enduring Freedom or an operation that is a successor to Operation Enduring Freedom, as established by the department of veterans affairs by rule.

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

103,89 Section 89. 45.34 (4) of the statutes is amended to read:

45.34 (4) Service in Somalia. A person shall be considered to have served in Somalia if the person was on active duty in the U.S. armed services in Somalia or in territorial waters adjacent to Somalia under honorable conditions between December 9, 1992, and the ending date of Operation Restore Hope, as established by the department of veterans affairs by rule.

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

103,90 Section 90. 45.34 (5) (c) of the statutes is amended to read:

45.34 (5) (c) Between December 1, 1995, and the ending date of Operation Balkan Endeavor or a successor operation, as established by the department of veterans affairs by rule.

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

103,91 Section 91 . 45.348 (1) of the statutes is created to read:

45.348 (1) In this section and ss. 45.35, 45.351, and 45.356 unless otherwise modified, "child" 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 paternity has been otherwise established.

Note: Moves the definition of "child" applicable to ss. 45.35, 45.351, and 45.356, previously a part of the definition of "dependent" in s. 45.35 (5m), to a separate provision for easier access. The definition of "dependent" is renumbered to s. 45.348 (2) by this bill.

103,92 Section 92. 45.35 (3d) (b) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

45.35 (3d) (b) The council on veterans programs and the department, jointly or separately, shall submit a report regarding the council on veterans programs to the chief clerk of each house of the legislature for distribution to the legislature under s. 13.172 (2) by November 1, 1989, and by September 30 of every odd-numbered year thereafter. The report shall include a general summary of the activities and membership over the past 2 years of the council and each organization on the council.

Note: An outdated transition provision is deleted.

103,93 Section 93. 45.35 (4) (a) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

45.35 (4) (a) The secretary shall appoint under the classified service such persons as are necessary to carry out the policy of the board and for the proper conduct of the Wisconsin veterans museum Veterans Museum. All persons appointed by the department shall, if possible, be veterans as defined in sub. (5) and preference shall be given to disabled veterans.

Note: Conforms capitalization to current style.

103,94 Section 94. 45.35 (5) (title) of the statutes is repealed and recreated to read:

45.35 (5) (title) Spouses and dependents entitlement to benefits.

Note: See the treatment of s. 45.35 (5) (d) by Section 98 this bill.

103,95 Section 95. 45.35 (5) (a) of the statutes is renumbered 45.001 (4) (a), and 45.001 (4) (a) (intro.), 1. (intro.) and a. to c. and 2. (intro.) and a., as renumbered, are amended to read:

45.001 (4) (a) (intro.) "Veteran" as used in this chapter, except Except as used in s. 45.358 or 45.37 and or subch. II or unless otherwise modified, and except as provided in par. (b), "veteran" means any person who has 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, except service on active duty for training purposes, and who meets all of the following conditions:

1. (intro.) The person Except as provided in par. (c), is a resident of and living in this state at the time of making application, or is deceased, and meets one of the following conditions:

a. Has served in Bosnia, Grenada, Lebanon, Panama, Somalia, or a Middle East crisis under s. 45.34.

b. Was entitled to receive the armed forces expeditionary medal, established by executive order 10977 on December 4, 1961, the Vietnam service medal established by executive order 11231 on July 8, 1965, the navy expeditionary medal, or the marine corps expeditionary medal.

c. Has served for 90 days or more during a war period as enumerated under par. (e) or under section 1 of executive order 10957 dated August 10, 1961, 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 died in service.

2. (intro.) The person Except as provided in par. (c), is a resident of and living in this state at the time of making application or is deceased, and meets one of the following conditions:

a. His or her selective service local board, if any, and home of record at the time of entry or reentry into active service as shown on the veteran's report of separation from the U.S. armed forces for a qualifying period were in this state.

Note: This bill creates, as the first section in ch. 45, s. 45.001, a section for definitions applicable to all of ch. 45, consistent with current style. Excepts statutes that contain a different definition of "veteran." Reorders text to improve readability and to conform to current style.

103,96 Section 96. 45.35 (5) (b) of the statutes is renumbered 45.001 (4) (b).

Note: Moves a part of the definition of "veteran" applicable to all of ch. 45 to the beginning of the chapter, consistent with current style.

103,97 Section 97. 45.35 (5) (c) of the statutes is renumbered 45.001 (4) (c).

Note: Moves a part of the definition of "veteran" applicable to all of ch. 45 to the beginning of the chapter, consistent with current style.

103,98 Section 98 . 45.35 (5) (d) of the statutes is renumbered 45.35 (5).

Note: Sub. (5) (a) to (c) make up the definition of "veteran" as used in ch. 45 and are renumbered to s. 45.001 by this bill. This provision does not fit within the definition of veteran and is not renumbered.

103,99 Section 99. 45.35 (5) (e) (intro.) of the statutes is renumbered 45.001 (5) (intro.) and amended to read:

45.001 (5) (intro.) The "War period" means any of the following are designated as war periods:

Note: Moves the definition of "war period" applicable to all of ch. 45 to the beginning of the chapter and rearranges text, consistent with current style.

103,100 Section 100. 45.35 (5) (e) 1. to 7. of the statutes are renumbered 45.001 (5) (a) to (g).

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

103,101 Section 101. 45.35 (5) (e) 8. of the statutes, as affected by 2001 Wisconsin Act 16, is renumbered 45.001 (5) (h).

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

103,102 Section 102. 45.35 (5) (e) 9. of the statutes, as created by 2001 Wisconsin Act 22, is renumbered 45.001 (5) (i).

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.