Amendment ASA1-AB821

AB821-ASA1,35 Section 35. 45.01 (9) of the statutes is amended to read:

AB821-ASA1,8,23 45.01 (9) "Permanently and totally disabled veteran" means a person who is receiving 100 percent disability compensation from the U.S. department of veterans affairs under 38 USC 301 to 315, 331 to 337, and 350 to 362 1110 to 1155, due to a permanent and total service-connected disability.

AB821-ASA1,36 Section 36. 45.02 (2) (intro.) of the statutes is amended to read:

AB821-ASA1,9,5 45.02 (2) (intro.) Except as provided in sub. (3) and s. 45.51 (6m) (1m), to be eligible for benefits under this chapter an applicant shall be a resident of and living in this state at the time of making application or the veteran from whom the applicant derives eligibility is deceased, and the veteran from whom eligibility is derived meets one of the following conditions:

AB821-ASA1,37 Section 37. 45.03 (3) (a) of the statutes is amended to read:

AB821-ASA1,9,9 45.03 (3) (a) The council on veterans programs created under s. 15.497 shall advise the board and the department on solutions and policy alternatives relating to the problems of veterans.

AB821-ASA1,38 Section 38. 45.03 (5) (a) 1. of the statutes is amended to read:

AB821-ASA1,9,19 45.03 (5) (a) 1. "Existing building" in relation to any conveyance, lease, or sublease made under par. (c) 1. means all detention, treatment, administrative, recreational, infirmary, hospital, vocational, and academic buildings ;, all dormitories and cottages;, all storage facilities, heating plants, and sewage disposal plants, and other buildings, structures, facilities, and permanent improvements that in the judgment of the board department are needed or useful for the purposes of the department, and all equipment for them and all improvements and additions to them that were erected, constructed, or installed prior to the making of the conveyance, lease, or sublease.

AB821-ASA1,39 Section 39. 45.03 (5) (a) 2. of the statutes is amended to read:

AB821-ASA1,9,25 45.03 (5) (a) 2. "New building" in relation to any conveyance, lease, or sublease made under par. (c) 1. means all detention, treatment, administrative, recreational, infirmary, hospital, vocational, and academic buildings;, all dormitories and cottages;, all storage facilities, heating plants, and sewage disposal plants, and other buildings, structures, facilities, and permanent improvements as in the judgment of the board department are needed or useful for the purposes of the department, and all equipment for them and all improvements and additions to them that are erected, constructed, or installed after the making of the conveyance, lease, or sublease.

AB821-ASA1,40 Section 40. 45.03 (5) (c) 1. a. of the statutes is amended to read:

AB821-ASA1,10,10 45.03 (5) (c) 1. a. Without limitation by reason of any other provisions of the statutes except ss. 13.48 (14) (am) and 16.848 (1), unless otherwise required by law, the power to sell and to convey title in fee simple to a nonprofit corporation any land and any existing buildings owned by the state that are under the jurisdiction of the department for the consideration and upon the terms and conditions as in the judgment of the board department are in the public interest.

AB821-ASA1,41 Section 41. 45.03 (5) (c) 1. b. of the statutes is amended to read:

AB821-ASA1,10,16 45.03 (5) (c) 1. b. Unless otherwise required by law, the power to lease to a nonprofit corporation for a term or terms not exceeding 50 years each any land and any existing buildings owned by the state that are under the jurisdiction of the department upon the terms and conditions as in the judgment of the board department are in the public interest.

AB821-ASA1,42 Section 42. 45.03 (5) (c) 1. c. of the statutes is amended to read:

AB821-ASA1,10,23 45.03 (5) (c) 1. c. The power to lease or sublease from the nonprofit corporation, and to make available for public use, any land, or any land and existing buildings conveyed or leased to such nonprofit corporation under subd. 1. a. and b., and any new buildings erected upon such land or upon any other land owned by the nonprofit corporation, upon the terms, conditions, and rentals, subject to available appropriations, as in the judgment of the board department are in the public interest.

AB821-ASA1,43 Section 43. 45.03 (5) (c) 3. of the statutes is amended to read:

AB821-ASA1,11,2 45.03 (5) (c) 3. Nothing in this subsection empowers the board or the department to incur any state debt.

AB821-ASA1,44 Section 44. 45.03 (5) (c) 4. of the statutes is amended to read:

AB821-ASA1,11,9 45.03 (5) (c) 4. All powers and duties conferred upon the board or the department under this subsection shall be exercised and performed by resolution of the board. All conveyances, leases, and subleases made under this subsection, when authorized by resolution of the board, shall be made, executed, and delivered in the name of the department and shall be signed by the secretary and sealed with the seal of the department.

AB821-ASA1,45 Section 45. 45.03 (12) (a) of the statutes is amended to read:

AB821-ASA1,11,13 45.03 (12) (a) The department may receive gifts and bequests in its name for the benefit of Wisconsin veterans and their dependents in accordance with policies adopted by the board. Moneys received shall be credited to the veterans trust fund.

AB821-ASA1,46 Section 46. 45.03 (12) (b) of the statutes is amended to read:

AB821-ASA1,11,18 45.03 (12) (b) The department may receive moneys or other gifts and bequests in its name for the benefit of the Wisconsin Veterans Museum. Moneys received shall be credited to the veterans trust fund and used, as far as practicable, in accordance with the wishes of the donors and in accordance with the board's policies.

AB821-ASA1,47 Section 47. 45.03 (13) (j) of the statutes is repealed.

AB821-ASA1,48 Section 48. 45.03 (13) (k) of the statutes is repealed.

AB821-ASA1,49 Section 49. 45.03 (15) of the statutes is amended to read:

AB821-ASA1,12,11 45.03 (15) Deferral of payments and interest on loans. When a veteran or a member of the veteran's family makes application for deferment of payment of monthly installments and waiver of interest charges on veterans loans made under this chapter, showing that the ability of the veteran to make payment is materially and adversely affected by reason of military service, the department may, with the approval of the board, defer payment of monthly installments and waive interest charges on veterans loans made under this chapter for the duration of any period of service in the armed forces of the United States during a national emergency or in time of war or under P.L. 87-117 and 6 months from date of discharge or separation and the time for payment may be extended for the same period. However, when funds estimated to be received in the veterans mortgage loan repayment fund to pay debt service on public debt contracted under s. 20.866 (2) (zn) and (zo) are less than the funds estimated to be required for the payment of the debt service, the board department may grant deferral of payments and interest on loans provided under s. 45.37 only when so required by federal law.

AB821-ASA1,50 Section 50. 45.37 (4) (a) of the statutes is amended to read:

AB821-ASA1,12,18 45.37 (4) (a) The board department shall determine the interest rate on loans made under this section. Except as provided in sub. (11), the interest rate determined may not be increased during the term of the loan. Except as provided in sub. (11), the interest rate shall be as low as possible but shall be sufficient to fully pay all expenses and to provide reserves that are reasonably expected to be required in the judgment of the board in accordance with par. (b) and sub. (7) (a) 3.

AB821-ASA1,51 Section 51. 45.37 (4) (b) 1. of the statutes is amended to read:

AB821-ASA1,12,23 45.37 (4) (b) 1. The board department shall select and implement the methods of insuring against losses arising from delinquency and default in the repayment of loans funded under sub. (6) (a) and shall select and implement the methods of managing and selling any property securing loans funded under sub. (6) (a).

AB821-ASA1,52 Section 52. 45.37 (4) (b) 2. of the statutes is amended to read:

AB821-ASA1,13,2 45.37 (4) (b) 2. The board department shall charge or cause to be charged to borrowers all costs necessary to insure against losses under subd. 1.

AB821-ASA1,53 Section 53. 45.37 (6) (a) 2. of the statutes is amended to read:

AB821-ASA1,13,8 45.37 (6) (a) 2. The chairperson of the board secretary shall certify that the chairperson secretary does not expect proceeds of state debt issued under this paragraph to be used in a manner that would cause the debt to be arbitrage bonds as defined in the Internal Revenue Code, if that debt is a bond that is exempt from federal taxation.

AB821-ASA1,54 Section 54. 45.37 (6) (c) 2. of the statutes is amended to read:

AB821-ASA1,13,14 45.37 (6) (c) 2. The chairperson of the board secretary shall certify that the board and the department do does not expect and shall not use proceeds of revenue obligations issued under this paragraph in a manner that would cause the revenue obligations to be arbitrage bonds as defined in the Internal Revenue Code, where that debt is a bond that is exempt from federal taxation.

AB821-ASA1,55 Section 55. 45.37 (7) (a) (intro.) of the statutes is amended to read:

AB821-ASA1,14,3 45.37 (7) (a) (intro.) There is created the veterans mortgage loan repayment fund. All moneys received by the department for the repayment of loans funded under sub. (6) (a) except for servicing fees required to be paid to authorized lenders, net proceeds from the sale of mortgaged properties, any repayment to the department of moneys paid to authorized lenders, gifts, grants, other appropriations, and interest earnings accruing, any repayment of moneys borrowed under s. 45.42 (8) (a), all moneys received under sub. (5) (a) 6., and any moneys deposited or transferred under s. 18.04 (6) (b) or (d) shall be promptly deposited into the veterans mortgage loan repayment fund. The board department shall establish by resolution a system of accounts providing for the maintenance and disbursement of moneys of the veterans mortgage loan repayment fund to fund loans under sub. (6) (a) or to fund, refund, or acquire public debt as provided in s. 18.04 (5). The system of accounts shall record and provide moneys for all of the following purposes:

AB821-ASA1,56 Section 56. 45.37 (7) (b) of the statutes is amended to read:

AB821-ASA1,14,7 45.37 (7) (b) The board department may amend the system of accounts established under par. (a) only by resolution of the board that is approved by with the approval of the building commission.

AB821-ASA1,57 Section 57. 45.37 (10) (a) of the statutes is amended to read:

AB821-ASA1,14,19 45.37 (10) (a) All moneys received from any source for repayment of loans, mortgages, or mortgage loan notes funded with proceeds of revenue obligations issued under sub. (6) (c) shall be deposited into one or more separate nonlapsible trust funds in the state treasury or with a trustee appointed for that purpose by the authorizing resolution for the revenue obligations. The board department may pledge revenues received by the funds to secure revenue obligations issued under sub. (6) (c) and shall have all other powers necessary and convenient to distribute the proceeds of the revenue obligations and loan repayments in accordance with subch. II of ch. 18. Unrestricted balances in the funds may be used to fund additional loans issued under sub. (6) (c) and pay the balances owing on loans after the assumptions of the loans or the closings of the sales of residences under sub. (11) (c).

AB821-ASA1,58 Section 58. 45.43 (title) and (1) of the statutes are amended to read:

AB821-ASA1,15,9 45.43 (title) Veterans assistance program housing and recovery programs; aid to indigent veterans. (1) The department shall administer a program programs 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 under this section to persons whose need for services is based upon homelessness, incarceration, or other circumstances designated by the department by rule. The eligibility requirements under s. 45.02 (2) do not apply to a person applying for assistance under this section. The department shall designate the assistance available under this section, which may include assistance in receiving medical care, dental care, education, employment, single room occupancy housing, and transitional housing, and, notwithstanding s. 45.51 (14), housing in an assisted living facility. The department may provide payments to facilitate the provision of services under this section.

AB821-ASA1,59 Section 59. 45.50 (4) (a) of the statutes is amended to read:

AB821-ASA1,15,15 45.50 (4) (a) The department may use moneys appropriated under s. 20.485 (1) (h) to purchase, erect, construct, or remodel buildings, to provide additions and improvements, to provide equipment, materials, supplies, and services necessary for the purposes of veterans homes, and for expenses that are necessary and incidental to acquisition of property under s. 45.51 (10) 45.50 (14) and (11) (15).

AB821-ASA1,60 Section 60. 45.51 (3) (b) of the statutes is amended to read:

AB821-ASA1,15,22 45.51 (3) (b) Spouses, surviving spouses, and parents derive their eligibility from the eligibility of the person under sub. (2) (a) 1. or 2. Surviving spouses and parents of eligible persons under sub. (2) (a) 1. or 2. shall not be eligible for admission to the Wisconsin Veterans Home at Union Grove, the Wisconsin Veterans Home at King, or the Wisconsin Veterans Home at Chippewa Falls unless a home's overall occupancy level is below an optimal level as determined by the board department.

AB821-ASA1,61 Section 61. 45.51 (3) (c) 1. d. of the statutes is amended to read:

AB821-ASA1,15,25 45.51 (3) (c) 1. d. Parents of eligible persons under sub. (2) (a) 1. or 2. to 3. have 4th priority for admission.

AB821-ASA1,62 Section 62. 45.51 (3) (c) 1m. c. of the statutes is amended to read:

AB821-ASA1,16,4 45.51 (3) (c) 1m. c. A person who is not a resident of the state on the date of application for membership in a veterans home eligible under sub. (1m) has 3rd priority for admission.

AB821-ASA1,63 Section 63. 45.51 (3) (c) 2. of the statutes is amended to read:

AB821-ASA1,16,7 45.51 (3) (c) 2. The department may deviate from this sequence upon order of the board to prevent the separation of a husband and wife.

AB821-ASA1,64 Section 64. 45.51 (6m) of the statutes is renumbered 45.51 (1m) and amended to read:

AB821-ASA1,16,13 45.51 (1m) Residency. In Notwithstanding s. 45.02 (2) and subject to sub. (3), in order to be eligible for benefits under this subchapter, a person specified under sub. (2) (a) 1., 2., or 3. does not have to be a resident of this state on the date of application for membership.

AB821-ASA1,65 Section 65. 45.51 (7) of the statutes is renumbered 45.50 (12), and 45.50 (12) (a), as renumbered, is amended to read:

AB821-ASA1,16,18 45.50 (12) (a) The board department shall establish a pay plan for compensation of members for services rendered to a veterans home under its work therapy program.

AB821-ASA1,66 Section 66. 45.51 (8) of the statutes is renumbered 45.50 (13).

AB821-ASA1,67 Section 67. 45.51 (10) of the statutes is renumbered 45.50 (14), and 45.50 (14) (a) and (b), as renumbered, are amended to read:

AB821-ASA1,17,7 45.50 (14) (a) Except as otherwise provided in this subsection, the application and admission of any applicant admitted under this section s. 45.51 shall constitute a valid and binding contract between a member and the department. If a member dies leaving a relative that is entitled to an interest in the property of the member under the rules of intestate succession or a will the existence of which is made known to the commandant of the veterans home within 60 days of the member's death, the member's property shall constitute a part of the member's estate, except the commandant may distribute personal effects of nominal monetary value of a deceased member who is not survived by a member spouse to surviving relatives of the member who request the personal effects within a reasonable time after the member's death.

AB821-ASA1,17,13 (b) The department may manage, sell, lease, or transfer property passing to the state pursuant to this section s. 45.51 or conveyed to it by members, defend and prosecute all actions concerning it, pay all just claims against it, and do all other things necessary for the protection, preservation, and management of the property. All expenditures necessary for the execution of functions under this paragraph or sub. s. 45.51 (14) shall be made from the appropriation in s. 20.485 (1) (h).

AB821-ASA1,68 Section 68. 45.51 (11) of the statutes is renumbered 45.50 (15).

AB821-ASA1,69 Section 69. 45.51 (12) of the statutes is renumbered 45.50 (16).

AB821-ASA1,70 Section 70. 45.57 (1) of the statutes is amended to read:

AB821-ASA1,17,19 45.57 (1) The department may transfer all or part of the unencumbered balance of any of the appropriations under s. 20.485 (1) (g), (gd), (gk), or (i) to the veterans trust fund or to the veterans mortgage loan repayment fund.

AB821-ASA1,71 Section 71. 45.70 (1b) (a) of the statutes is renumbered 45.70 (1b) and amended to read:

AB821-ASA1,17,25 45.70 (1b) The board department may approve, recommend, and veto any proposed plans, modifications, and changes or policies with respect to established state memorials and any future veterans state memorials, and may recommend the creation and establishment of future veterans state memorials.

AB821-ASA1,72 Section 72. 45.70 (1b) (b) of the statutes is repealed.

AB821-ASA1,73 Section 73. 45.70 (1m) of the statutes is repealed.

AB821-ASA1,74 Section 74. 45.70 (2) (b) of the statutes is amended to read:

AB821-ASA1,18,9 45.70 (2) (b) No structures, other than memorials approved by the board department, and no walks, roads, or subterranean footings may be placed or erected upon Camp Randall Memorial Park, Madison, Wisconsin, as described in par. (c), unless authorized by the legislature;, nor shall the park be used for any permanent purpose other than a memorial park and no event may be held within the park unless approved by the department.

AB821-ASA1,75 Section 75. 45.82 (1) of the statutes is amended to read:

AB821-ASA1,18,24 45.82 (1) Each county may annually apply to the department for a grant for the improvement of service to former military personnel of the county through the county veterans service office. A county may not allocate any portion of a grant for use by another county department nor may the county reduce funding to a county veterans service office based upon receipt of a grant. The county veterans service officer of any county applying for the grant shall enter into an agreement with the department. The agreement shall state the goals and objectives to be attained by the county veterans service office during the remainder of the year covered by the grant application. The department shall prepare the basic form of this agreement in consultation with the county veterans service officers association and provide a copy and an explanation of that agreement to each county veterans service officer. The department shall develop reasonable budget and operating standards to assure improved services, but full operating control of the county office shall be left to each county.

AB821-ASA1,76 Section 76. 851.09 of the statutes is amended to read:

AB821-ASA1,19,6 851.09 Heir. "Heir" means any person, including the surviving spouse, who is entitled under the statutes of intestate succession to an interest in property of a decedent. The state is an heir of the decedent and a person interested under s. 45.51 (10) 45.50 (14) and (11) (15) when the decedent was a member of a Wisconsin veterans home operated by the department of veterans affairs under s. 45.50 at the time of the decedent's death.

AB821-ASA1,77 Section 77. Nonstatutory provisions.

AB821-ASA1,19,10 (1) In this section, "task force" means the task force on planning for the future statewide delivery of programs, benefits, and services to Wisconsin veterans created in subsection (2).

AB821-ASA1,19,16 (2) There is created a task force on planning for the future statewide delivery of programs, benefits, and services to Wisconsin veterans to study factors that may affect future operations of veterans benefits service organizations at the state, county, and municipal level and to develop a 20-year operational plan that would include recommendations to improve coordination between organizations at all levels in order to deliver services in the most cost-effective manner.

AB821-ASA1,19,20 (3) The task force shall be co-chaired by a member of the assembly, appointed by the speaker of the assembly, and a member of the senate, appointed by the senate majority leader, and shall be comprised of one representative from each of the following:

AB821-ASA1,19,21 (a) The senate committee on transportation and veterans affairs.

AB821-ASA1,19,22 (b) The assembly committee on veterans and military affairs.

AB821-ASA1,19,23 (c) The department of veterans affairs.

AB821-ASA1,19,24 (d) Wisconsin Counties Association.

AB821-ASA1,19,25 (e) Wisconsin County Veterans Service Officer Association.

AB821-ASA1,20,1 (f) Wisconsin Veterans of Foreign Wars.

AB821-ASA1,20,2 (g) American Legion Department of Wisconsin.