Amendment ASA1-AB706

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1995 - 1996 LEGISLATURE

ASSEMBLY SUBSTITUTE AMENDMENT 1, To 1995 ASSEMBLY BILL 706

November 29, 1995 - Offered by Committee on Veterans and Military Affairs.

AB706-ASA1,1,14 An Act to repeal 45.76 (1) (c) 1. a. to d.; to renumber 45.35 (5) (a) to (h); to renumber and amend 45.25 (2) (b), 45.35 (5) (intro.), 45.35 (5m), 45.358 (1), 45.71 (16) (a) 1. to 10. and 45.76 (1) (c) 1. (intro.); to consolidate, renumber and amend 45.71 (16) (intro.) and (a) (intro.); to amend 25.36 (1), 45.01, 45.16, 45.25 (2) (c), 45.25 (2) (d), 45.34 (1) (intro.), 45.34 (2) (e) 2., 45.34 (3), 45.34 (4), 45.35 (5) (title), 45.358 (2), 45.358 (3), 45.37 (1a), 45.37 (3) (b), 45.37 (15) (a) and (b), 45.396 (5), 45.42 (1), 45.42 (2), 45.43 (1) (a), 45.43 (6) (b), 45.71 (16) (b) and (c), 45.73 (2), 45.74 (1) (intro.), 45.745 (1), 45.79 (5) (a) 9., 230.03 (14) (c) and 341.14 (6) (a); and to create 20.485 (2) (yg), 45.25 (2) (b) 2., 45.35 (5) (a) 1. (intro.) and 2. (intro.), 45.35 (5m) (b), 45.358 (1) (a), 45.358 (3) (e), (f) and (g) and 45.71 (16) (a) 1m. (intro.) and e. and 2m. (intro.) of the statutes; relating to: eligibility for veterans programs, exemption of veterans cemeteries from certain requirements, acquisition of home loan revenue bonds and making an appropriation.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB706-ASA1, s. 1 Section 1. 20.485 (2) (yg) of the statutes is created to read:

AB706-ASA1,2,4 20.485 (2) (yg) Acquisition of 1981 revenue bond mortgages. A sum sufficient to acquire the outstanding mortgages issued with the proceeds of the 1981 veterans home loan revenue bond issuance.

AB706-ASA1, s. 2 Section 2. 25.36 (1) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB706-ASA1,2,22 25.36 (1) Except as provided in sub. (2), all moneys appropriated or transferred by law shall constitute the veterans trust fund which shall be used exclusively for the purchase of mortgages issued with the proceeds of the 1981 veterans home loan revenue bond issuance in an amount sufficient to retire that bond issue or for the veterans programs under ss. 20.485 (2) (m), (mn), (tm), (u), (v), (vo), (w), (z) and (zm), 45.01, 45.25, 45.351 (1) and (2), 45.353, 45.356, 45.357, 45.396, 45.397 and 45.43 (7) and administered by the department of veterans affairs, including all moneys received from the federal government for the benefit of veterans or their dependents; all moneys paid as interest on and repayment of loans under the post-war rehabilitation fund; soldiers rehabilitation fund, veterans housing funds as they existed prior to July 1, 1961; all moneys paid as interest on and repayment of loans under this fund; all moneys paid as expenses for, interest on and repayment of veterans trust fund stabilization loans; all mortgages issued with the proceeds of the 1981 veterans home loan revenue bond issuance purchased with moneys in the veterans trust fund; and all gifts of money received by the board of veterans affairs for the purposes of this fund.

AB706-ASA1, s. 3 Section 3. 45.01 of the statutes is amended to read:

AB706-ASA1,3,6 45.01 Wisconsin veterans museum; space for. The department of administration shall provide suitable space for the purpose of a memorial hall, designated as the Wisconsin veterans museum, dedicated to the men and women of Wisconsin who served in the armed forces of the United States in the civil war of 1861 to 1865 or in any subsequent wars, as enumerated in s. 45.35 (5) (a) to (g) (f), or in Grenada, Lebanon, Panama, Somalia or a Middle East crisis under s. 45.34, and the department of veterans affairs shall operate and conduct the Wisconsin veterans museum.

AB706-ASA1, s. 4 Section 4. 45.16 of the statutes is amended to read:

AB706-ASA1,4,3 45.16 Burial allowance. Each county veterans' service officer shall cause to be interred in a decent and respectable manner in any cemetery in this state, other than those used exclusively for the burial of paupers, the body of any person who served in any war of the United States, in the Korean conflict, in the Vietnam war, under section 1 of executive order 10957, dated August 10, 1961, or had service that entitled the person 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 or who served in Grenada, Lebanon, Panama, Somalia or a Middle East crisis under s. 45.34 and who was discharged under honorable conditions other than dishonorable after 90 days or more of active service, in the U.S. armed forces, or if having served less than 90 days was honorably discharged under conditions other than dishonorable for a disability incurred in line of duty and who was living in the county at the time of death, and who dies not leaving sufficient means to defray the necessary expenses of a decent burial, or under financial circumstances that would distress the person's family to pay the expenses of the burial, and the body of a spouse or surviving spouse of the person who dies not leaving such means or under the same financial circumstances and who was living in the county at the time of death, at an expense to the county of not more than $300 in addition to the burial allowance payable under laws administered by the U.S. department of veterans affairs.

AB706-ASA1, s. 5 Section 5. 45.25 (2) (b) of the statutes is renumbered 45.25 (2) (b) (intro.) and amended to read:

AB706-ASA1,4,8 45.25 (2) (b) (intro.) The individual served on active duty, except service on active duty for training purposes, under conditions other than dishonorable in the U.S. armed forces and meets one of the following conditions:

AB706-ASA1,4,15 1. The individual enlisted or was drafted into the U.S. armed forces and served on active duty for at least 2 continuous years or more or the full period of the individual's initial service obligation, whichever is less. An individual discharged for reasons of hardship or a service-connected disability or released due to a reduction in the U.S. armed forces or for the good of the service prior to the completion of the required period of service is eligible under this subdivision, regardless of the actual time served.

AB706-ASA1, s. 6 Section 6. 45.25 (2) (b) 2. of the statutes is created to read:

AB706-ASA1,4,23 45.25 (2) (b) 2. The individual was a member of the Wisconsin national guard or of the U.S. reserves, was called into and served on active duty for periods of 90 consecutive days or more and the total active duty served in those 90-consecutive-day periods is at least 2 years. An individual discharged for reasons of a service-connected disability before completing a 90-day period shall be considered to have served on active duty for a period of 90 consecutive days for purposes of this subdivision.

AB706-ASA1, s. 7 Section 7. 45.25 (2) (c) of the statutes is amended to read:

AB706-ASA1,5,7 45.25 (2) (c) The individual applies for the tuition and fee reimbursement program for courses completed within 6 years after separation from the last period of qualifying service under par. (b). If the individual meets the criteria under par. (b) 1. or 2. and is called into active duty and serves for a period of 90 consecutive days or is discharged for reasons of a service-connected disability before completing the 90-day period, the 6-year limit on applying under this paragraph starts again at the end of the active duty service.

AB706-ASA1, s. 8 Section 8. 45.25 (2) (d) of the statutes is amended to read:

AB706-ASA1,5,17 45.25 (2) (d) The individual is a resident at the time of application for the tuition and fee reimbursement program and was a Wisconsin resident at the time of entry or reentry into service or for the 5-year period immediately preceding application for the tuition and fee reimbursement program was a resident for any consecutive 5-year period before the time of application. If a person applying for a benefit under this section meets that 5-consecutive-year residency requirement, the department may not require the person to reestablish that he or she meets the 5-consecutive-year residency requirement when he or she later applies for any other benefit under this chapter that requires a 5-consecutive-year residency.

AB706-ASA1, s. 9 Section 9. 45.34 (1) (intro.) of the statutes is amended to read:

AB706-ASA1,5,24 45.34 (1) Service in Lebanon and Grenada. (intro.) A person shall be considered to have served in Lebanon or Grenada if the person was on active duty in Lebanon or its territorial waters under honorable conditions other than dishonorable between August 1, 1982, and the date of withdrawal of U.S. armed forces from Lebanon, as established by the department by rule, or in Grenada between October 23, 1983, and November 21, 1983, and:

AB706-ASA1, s. 10 Section 10. 45.34 (2) (e) 2. of the statutes is amended to read:

AB706-ASA1,6,1 45.34 (2) (e) 2. Under honorable conditions other than dishonorable.

AB706-ASA1, s. 11 Section 11. 45.34 (3) of the statutes is amended to read:

AB706-ASA1,6,6 45.34 (3) Service in Panama. A person shall be considered to have served in Panama if the person was on active duty in the U.S. armed forces in Panama or its territorial waters under honorable conditions other than dishonorable between December 20, 1989, and January 31, 1990.

AB706-ASA1, s. 12 Section 12. 45.34 (4) of the statutes is amended to read:

AB706-ASA1,6,12 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 other than dishonorable between December 9, 1992, and the ending date of Operation Restore Hope, as established by the department of veterans affairs by rule.

AB706-ASA1, s. 13 Section 13. 45.35 (5) (title) of the statutes is amended to read:

AB706-ASA1,6,14 45.35 (5) (title) Veteran defined; benefit.

AB706-ASA1, s. 14 Section 14. 45.35 (5) (intro.) of the statutes is renumbered 45.35 (5) (a) (intro.) and amended to read:

AB706-ASA1,6,21 45.35 (5) (a) (intro.) "Veteran" as used in this chapter, except in s. 45.37 and unless otherwise modified, means any person who has served on active duty under honorable conditions other than dishonorable 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 the following conditions:

AB706-ASA1,6,23 1. a. Has served in Grenada, Lebanon, Panama, Somalia or a Middle East crisis under s. 45.34 or whose service.

AB706-ASA1,7,2 b. Was entitled the veteran 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 or any person who served.

AB706-ASA1,7,8 c. Has served for 90 days or more during a war period as enumerated under pars. (a) to (h) par. (f) 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, who is either a resident of and living in this state at the time of making application or is deceased, and whose.

AB706-ASA1,7,12 2. a. His or her selective service local board, if any, and home of record at 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 or who was either;.

AB706-ASA1,7,14 b. Was a resident of this state at the time of entry or reentry into active duty or has.

AB706-ASA1,7,21 c. Has been a resident of this state for at least 10 years next preceding the veteran's any consecutive 5-year period before his or her application or death. If a person applying for a benefit under this subchapter meets that 5-consecutive-year residency requirement, the department may not require the person to reestablish that he or she meets the 5-consecutive-year residency requirement when he or she later applies for any other benefit under this chapter that requires a 5-consecutive-year residency.

AB706-ASA1,8,2 (b) If the person had more than one qualifying term of service under par. (a) 1., at least one term of service must have been under honorable conditions other than dishonorable or have been terminated by an honorable a discharge under conditions other than dishonorable for the purpose of establishing eligibility under this section and s. 45.37 (1a).

AB706-ASA1,8,5 (c) Veterans who are otherwise eligible and who are serving on active duty in the U.S. armed forces need not be living in this state on date of application to qualify for benefits from the department.

AB706-ASA1,8,9 (d) The benefits available to veterans are also available to the unremarried surviving spouses and minor or dependent children of deceased veterans if the unremarried surviving spouses or minor or dependent children are residents of and living in this state at the time of making application.

AB706-ASA1,8,14 (e) Any person whose service on active duty with the U.S. armed forces or in forces incorporated as part of the U.S. armed forces makes the person eligible for general U.S. department of veterans affairs benefits shall be deemed to have served under honorable conditions other than dishonorable for the purpose of this subsection and s. 45.37 (1a).

AB706-ASA1,8,15 (f) The following are designated as war periods:

AB706-ASA1, s. 15 Section 15. 45.35 (5) (a) to (h) of the statutes are renumbered 45.35 (5) (f) 1. to 8.

AB706-ASA1, s. 16 Section 16. 45.35 (5) (a) 1. (intro.) and 2. (intro.) of the statutes are created to read:

AB706-ASA1,8,21 45.35 (5) (a) 1. (intro.) The person 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:

AB706-ASA1,8,23 2. (intro.) The person 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:

AB706-ASA1, s. 17 Section 17. 45.35 (5m) of the statutes is renumbered 45.35 (5m) (a), and 45.35 (5m) (a) 2., as renumbered, is amended to read:

AB706-ASA1,9,6 45.35 (5m) (a) 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.

AB706-ASA1, s. 18 Section 18. 45.35 (5m) (b) of the statutes is created to read:

AB706-ASA1,9,13 45.35 (5m) (b) For purposes of defining "dependent" under this subsection, "veteran" includes a person who served on active duty under conditions other than dishonorable 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 death was not the result of the veteran's wilful misconduct.

AB706-ASA1, s. 19 Section 19. 45.358 (1) of the statutes, as created by 1995 Wisconsin Act 27, is renumbered 45.358 (1) (intro.) and amended to read:

AB706-ASA1,9,16 45.358 (1) (title) Definition Definitions. (intro.) In this section, "veteran":

AB706-ASA1,9,18 (b) "Veteran" means a person who has served on active duty in the U.S. armed forces.

AB706-ASA1, s. 20 Section 20. 45.358 (1) (a) of the statutes is created to read:

AB706-ASA1,9,23 45.358 (1) (a) "Dependent child" means any natural or adoptive child 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 the child is unmarried and incapable of self-support by reason of mental or physical disability.

AB706-ASA1, s. 21 Section 21. 45.358 (2) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB706-ASA1,10,10 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 personnel as are necessary for the proper management of the cemeteries. 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.

AB706-ASA1, s. 22 Section 22. 45.358 (3) of the statutes, as created by 1995 Wisconsin Act 27, is amended to read:

AB706-ASA1,10,14 45.358 (3) Eligibility. The following persons are eligible for burial at a cemetery constructed and operated under sub. (2) or s. 45.37 (15):

AB706-ASA1,10,19 (a) A veteran who died while on active duty or who was discharged or released from active duty in the U.S. armed forces under conditions other than dishonorable and who was a resident of this state at the time of his or her entry or reentry into active service and his or her dependent children and unremarried surviving spouse who are residents of this state at the time of their deaths.

AB706-ASA1,10,24 (b) A veteran who was discharged or released from active duty in the U.S. armed forces under conditions other than dishonorable and who was a resident of this state at the time of his or her death and his or her dependent children and unremarried surviving spouse who are residents of this state at the time of their deaths.

AB706-ASA1,11,4 (c) The spouse or dependent child of a veteran who is serving an on active duty at the time of the spouse's or dependent child's death if the veteran was a resident of this state at the time of the veteran's entry or reentry into active service and if the spouse was a resident of this state at the time of the spouse's death.

AB706-ASA1,11,9 (d) The spouse or dependent child of a veteran if the veteran was a resident of this state at the time of his or her entry or reentry into active service and was discharged or released from active duty in the U.S. armed forces under conditions other than dishonorable and if the veteran and spouse were residents of this state at the time of the spouse's death.

AB706-ASA1, s. 23 Section 23. 45.358 (3) (e), (f) and (g) of the statutes are created to read:

AB706-ASA1,11,14 45.358 (3) (e) The spouse or dependent child of a veteran who was discharged or released from active duty in the U.S. armed forces under conditions other than dishonorable if the veteran and spouse or dependent child were residents of this state at the time of the spouse's or dependent child's death.

AB706-ASA1,11,22 (f) A person who was a resident of this state at the time of his or her death and who has 20 or more years of creditable military service for retirement pay as a member of the Wisconsin army national guard or air national guard or a reserve component of the U.S. armed forces or who would have been entitled to that retirement pay except that the person was under 60 years of age at the time of his or her death, and the person's spouse, unremarried surviving spouse and dependent children who are residents of this state at the time of the spouse's, unremarried surviving spouse's or dependent children's death.

AB706-ASA1,11,25 (g) A veteran who was discharged or released from active duty in the U.S. armed forces under conditions other than dishonorable and who was a resident of the state for at least 15 consecutive years.

AB706-ASA1, s. 24 Section 24. 45.37 (1a) of the statutes is amended to read:

AB706-ASA1,12,18 45.37 (1a) Definition of veteran. "Veteran" as used in this section Except as provided in sub. (15) (a) and (b), in this section "veteran" means any person who served on active duty under honorable conditions other than dishonorable in the U.S. armed forces or in forces incorporated as part of the U.S. armed forces who 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 or who served in Grenada, Lebanon, Panama, Somalia or a Middle East crisis under s. 45.34 or any person who served for at least one day during a war period, as defined in s. 45.35 (5) (a) to (h) (f) 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 therefrom other than dishonorable after 90 days or more of active service, or if having served less than 90 days was honorably discharged under conditions other than dishonorable for a service-connected disability or for a disability subsequently adjudicated to have been service connected, or who died as a result of service-connected disability.

AB706-ASA1, s. 25 Section 25. 45.37 (3) (b) of the statutes, as affected by 1995 Wisconsin Act .... (Assembly Bill 169), is amended to read:

AB706-ASA1,13,4 45.37 (3) (b) Nonresident. A veteran who was not a resident of this state at the time of enlistment or induction into service but who is otherwise qualified for membership may be admitted if the veteran has been a resident of this state for the 5 years next preceding any consecutive 5-year period before the date of application. If a person applying for a benefit under this subchapter meets that 5-consecutive-year residency requirement, the department may not require the person to reestablish that he or she meets the 5-consecutive-year residency requirement when he or she later applies for any other benefit under this chapter that requires a 5-consecutive-year residency.

AB706-ASA1, s. 26 Section 26. 45.37 (15) (a) and (b) of the statutes are amended to read:

AB706-ASA1,13,12 45.37 (15) (a) A veteran who at the time of death is a resident of this state or who was a resident of the state for at least 15 consecutive years person who is eligible under s. 45.358 (3) for burial at a veterans cemetery is eligible for burial and interment at the cemetery of the home known as the "Wisconsin Veterans Memorial Cemetery". Cost The cost of preparing the grave and the erection of a marker for a veteran, as defined in s. 45.358 (1) (b), shall be paid from the appropriation made by s. 20.485 (1) (gk).

AB706-ASA1,13,24 (b) Burial shall be provided in the cemetery of the home for any spouse, surviving spouse or parent of a veteran if the spouse, surviving spouse or parent at the time of death was a member of the home. Burial shall also be provided in the cemetery of the home for the parent, spouse or surviving spouse of a veteran, even if the parent, spouse or surviving spouse is not a member of the home at the time of death, if the parent, spouse or surviving spouse is a resident of this state at the time of death or was a resident of the state for at least 15 consecutive years. Application for burial shall be made to the department for permission to be buried therein at the person's own expense. The surviving spouse of the veteran, as defined in s. 45.358 (1) (b), shall have the privilege of selecting a lot next to the veteran if available. Permission shall be given by the department for a period of one year from date of granting, but may be extended, on request, for additional one-year periods.

AB706-ASA1, s. 27 Section 27. 45.396 (5) of the statutes is amended to read:

AB706-ASA1,14,5 45.396 (5) The reimbursement per course may not exceed the average cost of tuition, fees and textbooks a 3-credit undergraduate course at the University of Wisconsin-Madison charged to a resident, and the reimbursement to a veteran shall also be limited to a maximum of $300 per course and $1,100 5 times that average cost per fiscal year.

AB706-ASA1, s. 28 Section 28. 45.42 (1) of the statutes is amended to read:

AB706-ASA1,14,19 45.42 (1) The department may compile a record of the burial places within the state of persons who served in the U.S. armed forces in time of war as defined in s. 45.35 (5) (a) to (h) (f) or in Grenada, Lebanon, Panama, Somalia or a Middle East crisis under s. 45.34, or under section 1 of executive order 10957, dated August 10, 1961, or whose service entitled them 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. The record, so far as practicable, may indicate the name of each person; the service in which engaged; the appropriate designation of armed forces unit; the rank and period of service; the name and location of the cemetery or other place in which the body is interred; the location of the grave in the cemetery or other place; and the character of headstone or other marker, if any, at the grave.