2005 Wisconsin Act 22

66.1201 (9) (x) To, within its area of operation, either by itself or with the department of veterans affairs, undertake and carry out studies and analyses of veterans' veterans housing needs and meeting those needs and make the study results available to the public, including the building, housing and supply industries.

22,113 Section 113. 67.015 of the statutes is amended to read:

67.015 Housing authorities exempted. This chapter shall not be applicable to borrowing by housing authorities or county veterans' veterans housing authorities under ss. 66.1201 to 66.1213.

22,114 Section 114. 69.30 (1) (bm) of the statutes is amended to read:

69.30 (1) (bm) "Service office" has the meaning given in s. 45.36 (1) (c) 45.04 (1) (b).

22,115 Section 115. 69.30 (2) of the statutes is amended to read:

69.30 (2) A financial institution, state agency, county department, Wisconsin works agency, service office or family care district or an employee of a financial institution, state agency, county department, Wisconsin works agency, service office or family care district is not subject to s. 69.24 (1) (a) for copying a certified copy of a vital record for use by the financial institution, state agency, county department, Wisconsin works agency, service office or family care district, including use under s. 45.36 (4m) 45.04 (5), if the copy is marked "FOR ADMINISTRATIVE USE".

22,116 Section 116. 70.11 (1) of the statutes is amended to read:

70.11 (1) Property of the state. Property owned by this state except land contracted to be sold by the state. This exemption shall not apply to land conveyed after September, 1933, to this state or for its benefit while the grantor or others for the grantor's benefit are permitted to occupy the land or part thereof in consideration for the conveyance; nor shall it apply to land devised to the state or for its benefit while another person is permitted by the will to occupy the land or part thereof. This exemption shall not apply to any property acquired by the department of veterans affairs under s. 45.72 (5) and (7) 45.32 (5) and (7) or to the property of insurers undergoing rehabilitation or liquidation under ch. 645. Property exempt under this subsection includes general property owned by the state and leased to a private, nonprofit corporation that operates an Olympic ice training center, regardless of the use of the leasehold income.

22,117 Section 117. 70.11 (3a) of the statutes is amended to read:

70.11 (3a) Buildings at the Wisconsin Veterans Home at King or in southeastern Wisconsin homes. All buildings, equipment and leasehold interests in lands described in s. 45.38 45.03 (5).

22,118 Section 118. 70.11 (9) of the statutes is amended to read:

70.11 (9) Memorials. All memorial halls and the real estate upon which the same are located, owned and occupied by any organization of United States war veterans organized pursuant to act of congress and domesticated in this state pursuant to the laws of this state, containing permanent memorial tablets with the names of former residents of any given town, village, city or county who lost their lives in the military or naval service of the state or the United States in any war inscribed thereon, and all personal property owned by such organizations, and all buildings erected, purchased or maintained by any county, city, town or village as memorials under s. 45.05 or 45.055 45.72. The renting of such halls or buildings for public purposes shall not render them taxable, provided that all income derived therefrom be used for the upkeep and maintenance thereof. Where such hall or building is used in part for exempt purposes and in part for pecuniary profit, it shall be assessed for taxation to the extent of such use for pecuniary profit as provided in s. 70.1105 (1).

22,119 Section 119. 71.05 (6) (b) 28. (intro.) of the statutes is amended to read:

71.05 (6) (b) 28. (intro.) An amount paid by a claimant for tuition expenses for a student who is the claimant or who is the claimant's child and the claimant's dependent who is claimed under section 151 (c) of the Internal Revenue Code, to attend any university, college, technical college or a school approved under s. 45.54 39.90, that is located in Wisconsin or to attend a public vocational school or public institution of higher education in Minnesota under the Minnesota-Wisconsin reciprocity agreement under s. 39.47, calculated as follows:

22,120 Section 120. 86.03 (4) of the statutes is amended to read:

86.03 (4) Cutting or injuring trees on highway. No person shall cut down, break, girdle, bruise the bark, or in any other manner injure, or allow any animal under that person's control to injure, any public or private trees, shrubs, or hedges growing within the highway, except as the owner thereof or the public authority maintaining the highway may cut down, trim and remove trees, shrubs, and hedges for the purpose of and conducing to the benefit and improvement of the owner's land or the highway facility, subject to sub. (7).

22,121 Section 121. 86.03 (6) of the statutes is amended to read:

86.03 (6) Fines. Any Except as provided in sub. (7), any person violating any of the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not to exceed $25 for each tree or shrub damaged, felled or destroyed.

22,122 Section 122. 86.03 (7) of the statutes is created to read:

86.03 (7) No person may cut or trim any tree planted along any federal or state trunk highway as a memorial to the men and women who served in the armed forces of the United States in time of war, without the written permission of the department. Violations of this section shall be punishable by a fine of not less than $10 nor more than $200 or by imprisonment for not more than 30 days or both. Nothing in this section shall interfere with the rights of abutting property owners in those trees.

22,123 Section 123. 120.13 (37) (a) 3. of the statutes is amended to read:

120.13 (37) (a) 3. Left high school before receiving a high school diploma to join the U.S. armed forces during a war period under s. 45.001 (5) 45.01 (13).

22,124 Section 124. 125.14 (2) (e) of the statutes is amended to read:

125.14 (2) (e) Disposal. The department shall dispose of the alcohol beverages turned over to it by the court by either giving it to law enforcement agencies free of charge for use in criminal investigations, giving it to state-operated veterans' hospitals in amounts needed for medicinal purposes, selling it to the highest bidder if the bidder is a person holding a license or permit issued under this chapter, or destroying it, at the discretion of the department. If the department elects to sell the alcohol beverages, it shall publish a class 2 notice under ch. 985 asking for sealed bids from qualified bidders. Any items or groups of items in the inventory subject to a security interest, the existence of which was established in the proceedings for conviction as being bona fide and as having been created without the secured party having notice that the items were being used or were to be used in connection with the violation, shall be sold separately. The net proceeds from the sale, less all costs of seizure, storage, and sale, shall be turned over to the secretary of administration and credited to the common school fund.

22,125 Section 125. 125.26 (6) of the statutes is amended to read:

125.26 (6) Temporary Class "B" licenses may be issued to bona fide clubs, to county or local fair associations or agricultural societies, to churches, lodges or societies that have been in existence for at least 6 months before the date of application and to posts of veterans' veterans organizations authorizing the sale of fermented malt beverages at a particular picnic or similar gathering, at a meeting of the post, or during a fair conducted by the fair association or agricultural society. The amount of the fee for the license shall be determined by the municipal governing body issuing the license but may not exceed $10. An official or body authorized by a municipal governing body to issue temporary Class "B" licenses may, upon issuance of any temporary Class "B" license, authorize the licensee to permit underage persons to be on the premises for which the license is issued. A license issued to a county or district fair licenses the entire fairgrounds where the fair is being conducted and all persons engaging in retail sales of fermented malt beverages from leased stands on the fairgrounds. The county or district fair to which the license is issued may lease stands on the fairgrounds to persons who may engage in retail sales of fermented malt beverages from the stands while the fair is being held. A municipal governing body may issue a temporary Class "B" license for premises that are covered by a "Class B" permit issued under s. 125.51 (5) (b) 2. if the applicant meets the requirements of this subsection.

22,126 Section 126. 125.51 (10) of the statutes is amended to read:

125.51 (10) Temporary licenses. Notwithstanding s. 125.68 (3), temporary "Class B" licenses may be issued to bona fide clubs, to county or local fair associations or agricultural societies, to churches, lodges or societies that have been in existence for at least 6 months before the date of application and to posts of veterans' organizations authorizing the sale of wine in an original package, container or bottle or by the glass if the wine is dispensed directly from an original package, container or bottle at a particular picnic or similar gathering, at a meeting of the post, or during a fair conducted by the fair association or agricultural society. The amount of the fee for the license shall be $10, except that no fee may be charged to a person who at the same time applies for a temporary Class "B" license under s. 125.26 (6) for the same event. A license issued to a county or district fair licenses the entire fairgrounds where the fair is being conducted and all persons engaging in retail sales of wine from leased stands on the fairgrounds. The county or district fair to which the license is issued may lease stands on the fairgrounds to persons who may engage in retail sales of wine from the stands while the fair is being held. Not more than 2 licenses may be issued under this subsection to any club, county or local fair association, agricultural association, church, lodge, society or veterans' veterans post in any 12-month period.

22,127 Section 127. 132.16 (1) (a) of the statutes is amended to read:

132.16 (1) (a) "Organization" means any association, lodge, order, fraternal society, beneficial association, or fraternal and beneficial society or association; historical, military, or veterans' veterans organization; labor union; foundation; federation; or any other society, organization, or association, degree, branch, subordinate lodge, or auxiliary thereof, whether incorporated or unincorporated, the principles and activities of which are not repugnant to the constitution and laws of the United States or of this state.

22,128 Section 128. 139.31 (3) of the statutes is amended to read:

139.31 (3) Cigarettes sold to post exchanges of the armed forces of the United States and to federally or state operated veterans hospitals in this state and cigarettes sold to an interstate carrier of passengers for hire to be resold to bona fide passengers actually being transported and cigarettes sold for shipment outside this state in interstate commerce are not subject to the tax.

22,129 Section 129. 139.76 (2) of the statutes is amended to read:

139.76 (2) Tobacco products sold to or by post exchanges of the U.S. armed forces, to or by federally or state-operated operated veterans hospitals in this state, and tobacco products sold to an interstate carrier of passengers for hire to be resold to bona fide passengers actually being transported and tobacco products sold for shipment outside this state in interstate commerce are not subject to the tax.

22,130 Section 130. 146.997 (1) (c) of the statutes is amended to read:

146.997 (1) (c) "Health care facility" means a facility, as defined in s. 647.01 (4), or any hospital, nursing home, community-based residential facility, county home, county infirmary, county hospital, county mental health complex or other place licensed or approved by the department of health and family services under s. 49.70, 49.71, 49.72, 50.03, 50.35, 51.08 or 51.09 or a facility under s. 45.365 45.50, 51.05, 51.06, 233.40, 233.41, 233.42 or 252.10.

22,131 Section 131. 150.31 (5m) of the statutes is amended to read:

150.31 (5m) The department shall decrease the statewide bed limit specified in sub. (1) to account for any reduction in the approved bed capacity of the nursing home operated at the Wisconsin Veterans Home at King or at the nursing care a skilled nursing facility operated by the department of veterans affairs under s. 45.385 45.50 (1), as specified in s. 45.375 (2) 45.50 (10).

22,132 Section 132. 150.46 (1) of the statutes is amended to read:

150.46 (1) This subchapter does not apply to the Wisconsin Veterans Home at King or to the nursing care facility a Wisconsin veterans home operated by the department of veterans affairs under s. 45.385 45.50.

22,133 Section 133. 150.46 (3) of the statutes is repealed.

22,134 Section 134. 150.84 (2) of the statutes is amended to read:

150.84 (2) "Health care facility" means a facility, as defined in s. 647.01 (4), or any hospital, nursing home, community-based residential facility, county home, county infirmary, county hospital, county mental health center or other place licensed or approved by the department under s. 49.70, 49.71, 49.72, 50.02, 50.03, 50.35, 51.08 or 51.09 or a facility under s. 45.365 45.50, 51.05, 51.06, 233.40, 233.41, 233.42 or 252.10.

22,135 Section 135. 150.93 (5) of the statutes is amended to read:

150.93 (5) This section does not apply to a hospital established under s. 45.375 (1) operated by the state department of veterans affairs under s. 45.50 (10).

22,136 Section 136. 150.95 (2) of the statutes is amended to read:

150.95 (2) This section does not apply to a hospital established under s. 45.375 (1) operated by the state department of veterans affairs under s. 45.50 (10).

22,137 Section 137. 155.01 (6) of the statutes is amended to read:

155.01 (6) "Health care facility" means a facility, as defined in s. 647.01 (4), or any hospital, nursing home, community-based residential facility, county home, county infirmary, county hospital, county mental health center or other place licensed or approved by the department under s. 49.70, 49.71, 49.72, 50.02, 50.03, 50.35, 51.08 or 51.09 or a facility under s. 45.365 45.50, 51.05, 51.06, 233.40, 233.41, 233.42 or 252.10.

22,138 Section 138. 157.637 of the statutes is amended to read:

157.637 Veteran burials. A cemetery authority of a cemetery, other than a cemetery that is affiliated with a religious society organized under ch. 187, may not prohibit the burial, as defined in s. 157.061 (1), of the human remains of a person specified in s. 45.358 (3) (a) to (g) 45.61 (2) at the cemetery if the cemetery authority is paid in its usual and customary manner for the burial.

22,139 Section 139. 182.028 of the statutes is amended to read:

182.028 School corporations. Any corporation formed for the establishment and maintenance of schools, academies, seminaries, colleges, or universities, or for the cultivation and practice of music shall have power to enact bylaws for the protection of its property, and provide fines as liquidated damages upon its members and patrons for violating the bylaws, and may collect the same in tort actions, and to prescribe and regulate the courses of instruction therein, and to confer such the degrees and grant such the diplomas as are usually conferred by similar institutions or as shall be appropriate to the courses of instruction prescribed, except that no corporation shall operate or advertise a school that is subject to s. 45.54 (10) 39.90 (7) without complying with the requirements of s. 45.54 39.90. Any stockholder may transfer his or her stock to the corporation for its use; and if the written transfer so provides the stock shall be perpetually held by the board of directors with all the rights of a stockholder, including the right to vote.

22,140 Section 140. 186.113 (14) (a) of the statutes is amended to read:

186.113 (14) (a) Process applications, act as closing agent and service loans made under s. 45.79 45.37, with the approval of the department of veterans affairs.

22,141 Section 141. 188.26 of the statutes is amended to read:

188.26 Veterans; corporations. Whenever any corporation is formed under ch. 180 or 181 or this chapter for the purpose of assisting any veteran, as defined in s. 45.37 (1a) 45.01 (12), or a person under s. 45.51 (2) (a) 2., or operating social clubs in which the name "veteran" appears, the department of financial institutions shall investigate the same to ascertain the character thereof, and whether or not the same has been procured by fraudulent representation or concealment of any material fact relating to such veteran's name, purpose, membership, organization, management or control or other material fact. If the department of financial institutions so finds, such findings, misrepresentation or concealment shall be reported to the attorney general, and the attorney general shall bring an action to vacate or annul the corporate charter.

22,142 Section 142. 215.21 (2) of the statutes is amended to read:

215.21 (2) Lending area. Except for loans made under s. 45.79 45.37, the lending area of an association is limited to that area within a radius of 100 miles of the association's office.

22,143 Section 143. 224.71 (3) (b) 7. of the statutes is amended to read:

224.71 (3) (b) 7. The department of veterans affairs when administering the veteran's veterans housing loan program under subch. II III of ch. 45.

22,144 Section 144. 230.03 (14) (b) of the statutes is amended to read:

230.03 (14) (b) A person who served on active duty under honorable conditions in the U.S. armed forces in Bosnia, Grenada, Lebanon, Panama, Somalia or a Middle East a crisis under s. 45.34 zone, as defined in s. 45.01 (11).

22,145 Section 145. 230.03 (14) (c) of the statutes is amended to read:

230.03 (14) (c) A person who served on active duty under honorable conditions in the U.S. armed forces for at least one day during a war period, as defined in s. 45.001 (5) 45.01 (13) or under section 1 of executive order 10957 dated August 10, 1961.

22,146 Section 146. 230.04 (17) of the statutes is created to read:

230.04 (17) The director shall resolve any dispute raised by a complaint filed under s. 21.79 (1) (c).

22,147 Section 147. 230.08 (2) (xm) of the statutes is amended to read:

230.08 (2) (xm) The commandants of the Wisconsin Veterans Home at King and the Southern Wisconsin Veterans Retirement Center veterans homes in the department of veterans affairs.

22,148 Section 148. 230.315 (1) (c) of the statutes is amended to read:

230.315 (1) (c) The employee has received a military leave of absence under s. 230.32 (3) (a) or 230.35 (3), under a collective bargaining agreement under subch. V of ch. 111, or under rules promulgated by the office of employment relations or is eligible for reemployment with the state under s. 45.50 21.79 after completion of his or her service in the U.S. armed forces.

22,149 Section 149. 230.36 (1m) (b) 1. (intro.) of the statutes is amended to read:

230.36 (1m) (b) 1. (intro.) A forest ranger or field employee of the department of natural resources who is subject to call for forest fire control duty or fire watcher employed at the Wisconsin Veterans Home at King or at the facilities at a Wisconsin veterans home operated by the department of veterans affairs under s. 45.385 45.50, and lifeguard, at all times while:

22,150 Section 150. 234.03 (13m) of the statutes is amended to read:

234.03 (13m) To purchase and enter into commitments for the purchase of veterans housing loans made pursuant to s. 45.79 45.37.

22,151 Section 151. 234.40 (1) of the statutes is amended to read:

234.40 (1) The authority shall issue its negotiable bonds in such principal amount and length of maturity as to provide sufficient funds for veterans housing loans to be made pursuant to s. 45.79 45.37.

22,152 Section 152. 234.40 (3) of the statutes is amended to read:

234.40 (3) It is the intent of the legislature that the authority be used to finance the veterans housing program. Nothing in this chapter shall be construed to supersede the powers vested by subch. II III of ch. 45 in the department of veterans affairs for carrying out program responsibilities for which debt has been incurred by the authority.

22,153 Section 153. 234.41 (1) of the statutes is amended to read:

234.41 (1) There is established under the jurisdiction of the authority a veterans housing loan fund. All moneys resulting from the sale of bonds for the purpose of veterans housing pursuant to s. 45.79 45.37, unless credited to the veterans capital reserve fund, shall be credited to the fund.

22,154 Section 154. 234.41 (2) of the statutes is amended to read:

234.41 (2) The authority shall use moneys in the fund for the purpose of purchasing loans representing veterans housing loans pursuant to s. 45.79 45.37. All disbursements of funds under this section for purchasing mortgage loans shall be made payable to authorized lenders as defined in s. 45.71 (2) 45.31 (3) and eligible persons as defined in s. 45.71 (6) 45.31 (5).

22,155 Section 155. 234.60 (3) (a) of the statutes is amended to read:

234.60 (3) (a) The authority may not have outstanding at any time in aggregate principal amount of bonds or notes issued under this section before January 1, 1983 more than $150,000,000 less not more than $50,000,000 in aggregate principal amount of revenue obligations issued subject to s. 45.79 (6) (c) 45.37 (6) (c) on or after May 8, 1982 and before November 1, 1982.

22,156 Section 156. 234.60 (3) (b) of the statutes is amended to read:

234.60 (3) (b) The authority may not have outstanding at any time in aggregate principal amount of bonds or notes issued under this section from January 1, 1983, to December 31, 1983, more than $185,000,000 less not more than $50,000,000 in aggregate principal amount of revenue obligations issued subject to s. 45.79 (6) (c) 45.37 (6) (c) from January 1, 1983, to October 31, 1983.

22,157 Section 157. 252.14 (1) (d) of the statutes is amended to read: