Amendment ASA1-AB821

LRBs0279/1

ZDW:kjf

2015 - 2016 LEGISLATURE

ASSEMBLY SUBSTITUTE AMENDMENT 1, TO ASSEMBLY BILL 821

February 1, 2016 - Offered by Representative Skowronski.

AB821-ASA1,2,7 An Act to repeal 20.485 (1) (gd), 20.485 (1) (mn), 20.485 (1) (u), 20.485 (2) (b), 20.485 (2) (d), 20.485 (2) (e), 20.485 (2) (vy), 20.485 (2) (yg), 20.485 (3) (v), 20.485 (3) (w), 45.03 (13) (j), 45.03 (13) (k), 45.70 (1b) (b) and 45.70 (1m); to renumber 20.485 (1) (d), 20.485 (3) (sm), 45.51 (8), 45.51 (11) and 45.51 (12); to renumber and amend 20.485 (1) (kg), 45.51 (6m), 45.51 (7), 45.51 (10) and 45.70 (1b) (a); to amend 20.485 (1) (g), 20.485 (1) (gk), 20.485 (1) (h), 20.485 (1) (hm), 20.485 (1) (t), 20.485 (2) (a) (title), 20.485 (2) (rm), 20.485 (2) (rp), 20.485 (2) (z) (title), 20.485 (4) (g), 20.485 (4) (m), 20.485 (5) (mn) (title), 20.485 (5) (wd) (title), 25.36 (1), 25.37, 45.01 (9), 45.02 (2) (intro.), 45.03 (3) (a), 45.03 (5) (a) 1., 45.03 (5) (a) 2., 45.03 (5) (c) 1. a., 45.03 (5) (c) 1. b., 45.03 (5) (c) 1. c., 45.03 (5) (c) 3., 45.03 (5) (c) 4., 45.03 (12) (a), 45.03 (12) (b), 45.03 (15), 45.37 (4) (a), 45.37 (4) (b) 1., 45.37 (4) (b) 2., 45.37 (6) (a) 2., 45.37 (6) (c) 2., 45.37 (7) (a) (intro.), 45.37 (7) (b), 45.37 (10) (a), 45.43 (title) and (1), 45.50 (4) (a), 45.51 (3) (b), 45.51 (3) (c) 1. d., 45.51 (3) (c) 1m. c., 45.51 (3) (c) 2., 45.57 (1), 45.70 (2) (b), 45.82 (1) and 851.09; to repeal and recreate 20.485 (1) (b) (title), 20.485 (1) (gk), 20.485 (2) (u) (title), 20.485 (5) (c) (title) and 20.485 (5) (zm) (title); and to create 19.56 (3) (g) of the statutes; relating to: powers of officers and employees of the Department of Veterans Affairs, powers of the Board of Veterans Affairs, employment of veterans regional coordinators and claims officers, and making an appropriation.

Analysis by the Legislative Reference Bureau

This substitute amendment makes various changes to the laws governing veterans affairs, including changes to the powers of certain state public officials of the Department of Veterans Affairs, changes to the powers of the Board of Veterans Affairs, and changes regarding the maintenance of veterans homes.

This substitute amendment allows a state public official who is an officer or employee of DVA to solicit, receive, and retain on behalf of the state anything of value for the purpose of supporting veterans homes and members and veterans programs, benefits, and services.

The substitute amendment transfers most of the powers of the Board of Veterans Affairs to DVA. Under current law, the board has various powers, including creating policies and making determinations relating to the disposition of moneys, the making of loans, and the acquisition and conveyance of buildings and real property.

The substitute amendment establishes a task force to study and report on factors that may affect future operations of veterans benefits service organizations.

Finally, the substitute amendment makes various technical changes to laws governing veterans affairs, including repealing obsolete or outdated appropriations.

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

AB821-ASA1,1 Section 1. 19.56 (3) (g) of the statutes is created to read:

AB821-ASA1,3,2 19.56 (3) (g) A state public official who is an officer or employee of the department of veterans affairs may solicit, receive, and retain on behalf of the state anything of value for the purpose of supporting veterans homes and members and veterans programs, benefits, and services.

AB821-ASA1,2 Section 2. 20.485 (1) (b) (title) of the statutes is repealed and recreated to read:

AB821-ASA1,3,4 20.485 (1) (b) (title) Homes operation; general fund supplement.

AB821-ASA1,3 Section 3. 20.485 (1) (d) of the statutes is renumbered 20.485 (4) (a).

AB821-ASA1,4 Section 4. 20.485 (1) (g) of the statutes is amended to read:

AB821-ASA1,3,11 20.485 (1) (g) Home exchange. The amounts in the schedule for the purchase of the necessary materials, supplies and equipment for the operation of the home exchange, and compensation for members' labor. All moneys received from the sale of products authorized by s. 45.51 (7) 45.50 (12) shall be credited to this appropriation.

AB821-ASA1,5 Section 5. 20.485 (1) (gd) of the statutes is repealed.

AB821-ASA1,6 Section 6. 20.485 (1) (gk) of the statutes, as affected by 2015 Wisconsin Act 55, section 768k, is amended to read:

AB821-ASA1,4,3 20.485 (1) (gk) Institutional Homes operations. The amounts in the schedule for the care of the members of the Wisconsin veterans homes under s. 45.50, for the payment of stipends under s. 45.50 (2m) (f), for the transfer of moneys to the appropriation account under s. 20.435 (4) (ky) for payment of the state share of the medical assistance costs related to the provision of stipends under s. 45.50 (2m) (f), for the payment of assistance to indigent veterans under s. 45.43 to allow them to reside at the Wisconsin Veterans Home at Union Grove, for the transfer of moneys to the appropriation accounts under pars. (kg) and par. (kj) and sub. (2) (ks), and for the payment of grants under s. 45.82. Not more than 1 percent of the moneys credited to this appropriation account may be used for the payment of assistance to indigent veterans under s. 45.43. All moneys received under par. (m) and s. 45.51 (7) (b) and (8) 45.50 (12) (b) and (13) and all moneys received for the care of members under medical assistance, as defined in s. 49.43 (8), shall be credited to this appropriation account.

AB821-ASA1,7 Section 7. 20.485 (1) (gk) of the statutes, as affected by 2015 Wisconsin Act 55, section 768kb, and 2015 Wisconsin Act .... (this act), is repealed and recreated to read:

AB821-ASA1,4,18 20.485 (1) (gk) Homes operations. The amounts in the schedule for the care of the members of the Wisconsin veterans homes under s. 45.50, for the payment of stipends under s. 45.50 (2m) (f), for the transfer of moneys to the appropriation account under s. 20.435 (4) (ky) for payment of the state share of the medical assistance costs related to the provision of stipends under s. 45.50 (2m) (f), for the payment of assistance to indigent veterans under s. 45.43 to allow them to reside at the Wisconsin Veterans Home at Union Grove, for the transfer of moneys to the appropriation account under sub. (2) (ks), and for the payment of grants under s. 45.82. Not more than 1 percent of the moneys credited to this appropriation account may be used for the payment of assistance to indigent veterans under s. 45.43. All moneys received under par. (m) and s. 45.50 (12) (b) and (13) and all moneys received for the care of members under medical assistance, as defined in s. 49.43 (8), shall be credited to this appropriation account.

AB821-ASA1,8 Section 8. 20.485 (1) (h) of the statutes is amended to read:

AB821-ASA1,4,22 20.485 (1) (h) Gifts, grants, and bequests. All moneys received under s. 45.51 (10) 45.50 (14) and (11) (15), or any moneys received by gifts, grants, or bequests, to carry out the purposes of ss. 45.50 and 45.51.

AB821-ASA1,9 Section 9. 20.485 (1) (hm) of the statutes is amended to read:

AB821-ASA1,5,3 20.485 (1) (hm) Gifts and grants, grants, and bequests. All moneys received from gifts and grants, grants, or bequests, specifically for the purpose of s. 45.50 (2m) (d), to carry out the purpose of s. 45.50 (2m) (d).

AB821-ASA1,10 Section 10. 20.485 (1) (kg) of the statutes is renumbered 20.485 (2) (ks) and amended to read:

AB821-ASA1,5,9 20.485 (2) (ks) Grants to counties. The amounts in the schedule for the payments of grants made under s. 45.82 (1) to (3). All moneys transferred from the appropriation account under par. sub. (1) (gk) shall be credited to this appropriation account.

AB821-ASA1,11 Section 11. 20.485 (1) (mn) of the statutes is repealed.

AB821-ASA1,12 Section 12. 20.485 (1) (t) of the statutes is amended to read:

AB821-ASA1,5,14 20.485 (1) (t) Veterans homes member accounts. From the Wisconsin veterans homes members fund, all moneys received under s. 25.37 to make payments as provided under s. 45.51 (8), (10), 45.50 (13), (14), and (11) (15).

AB821-ASA1,13 Section 13. 20.485 (1) (u) of the statutes is repealed.

AB821-ASA1,14 Section 14. 20.485 (2) (a) (title) of the statutes is amended to read:

AB821-ASA1,5,18 20.485 (2) (a) (title) General program operations; loans and aids fund operations.

AB821-ASA1,15 Section 15. 20.485 (2) (b) of the statutes is repealed.

AB821-ASA1,16 Section 16. 20.485 (2) (d) of the statutes is repealed.

AB821-ASA1,17 Section 17. 20.485 (2) (e) of the statutes is repealed.

AB821-ASA1,18 Section 18. 20.485 (2) (rm) of the statutes is amended to read:

AB821-ASA1,6,2 20.485 (2) (rm) Veterans assistance programs; fish and game vouchers housing and recovery programs. Biennially, the amounts in the schedule for general program operations of the veterans assistance program housing and recovery programs under s. 45.43, for grants under s. 45.03 (13) (j), and for reimbursements to the department of natural resources under s. 29.1945 (2).

AB821-ASA1,19 Section 19. 20.485 (2) (rp) of the statutes is amended to read:

AB821-ASA1,6,6 20.485 (2) (rp) Veterans assistance program receipts housing and recovery programs fees. All moneys received from fees under s. 45.43 (2) for the provision of assistance housing and recovery programs to veterans under s. 45.43 (1).

AB821-ASA1,20 Section 20. 20.485 (2) (u) (title) of the statutes is repealed and recreated to read:

AB821-ASA1,6,9 20.485 (2) (u) (title) Veteran trust fund operations.

AB821-ASA1,21 Section 21. 20.485 (2) (vy) of the statutes is repealed.

AB821-ASA1,22 Section 22. 20.485 (2) (yg) of the statutes is repealed.

AB821-ASA1,23 Section 23. 20.485 (2) (z) (title) of the statutes is amended to read:

AB821-ASA1,6,13 20.485 (2) (z) (title) Gifts , grants, and bequests.

AB821-ASA1,24 Section 24. 20.485 (3) (sm) of the statutes is renumbered 20.485 (2) (se).

AB821-ASA1,25 Section 25. 20.485 (3) (v) of the statutes is repealed.

AB821-ASA1,26 Section 26. 20.485 (3) (w) of the statutes is repealed.

AB821-ASA1,27 Section 27. 20.485 (4) (g) of the statutes is amended to read:

AB821-ASA1,6,22 20.485 (4) (g) Cemetery operations. The amounts in the schedule for the care and operation of the veterans memorial cemeteries under s. 45.61 other than those costs provided under pars. (q) and (r). All moneys received under s. 45.61 (3) and from the estate of decedents under s. 45.61 (5) shall be credited to this appropriation account.

AB821-ASA1,28 Section 28. 20.485 (4) (m) of the statutes is amended to read:

AB821-ASA1,7,4 20.485 (4) (m) Federal aid; cemetery operations and burials. All moneys received from the federal government for specific veterans programs other than for the care of veterans at the Wisconsin Veterans Home at King and veterans facilities, for such purposes, and all moneys received from the federal government for the operation of veterans memorial cemeteries under s. 45.61 as authorized by the governor under s. 16.54, to be used for that purpose.

AB821-ASA1,29 Section 29. 20.485 (5) (c) (title) of the statutes is repealed and recreated to read:

AB821-ASA1,7,7 20.485 (5) (c) (title) Museum operations; general fund.

AB821-ASA1,30 Section 30. 20.485 (5) (mn) (title) of the statutes is amended to read:

AB821-ASA1,7,9 20.485 (5) (mn) (title) Federal projects; museum acquisitions and operations.

AB821-ASA1,31 Section 31. 20.485 (5) (wd) (title) of the statutes is amended to read:

AB821-ASA1,7,11 20.485 (5) (wd) (title) Operation of Wisconsin Veterans Museum operations .

AB821-ASA1,32 Section 32. 20.485 (5) (zm) (title) of the statutes is repealed and recreated to read:

AB821-ASA1,7,14 20.485 (5) (zm) (title) Gifts, grants, and bequests.

AB821-ASA1,33 Section 33. 25.36 (1) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

AB821-ASA1,8,12 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 for the lending of money to the mortgage loan repayment fund under s. 45.37 (5) (a) 12. and for the veterans programs under ss. 20.485 (2) (m), (tm), (u), (vy), and (z), and (5) (mn), (v), (vo), and (zm), 45.03 (19), 45.07, 45.20, 45.21, 45.40 (1m), 45.41, 45.42, 45.43, and 45.82 and administered by the department of veterans affairs, including all moneys received from the federal government for the benefit of veterans or their dependents, and for the veteran grant jobs pilot program under s. 38.31 administered by the technical college system board; 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 under s. 45.356, 1995 stats.; all moneys paid as expenses for, interest on, and repayment of veterans personal loans; the net proceeds from the sale of mortgaged properties related to veterans personal loans; all mortgages issued with the proceeds of the 1981 veterans home loan revenue bond issuance purchased with moneys in the veterans trust fund; all moneys received from the state investment board under s. 45.42 (8) (b); all moneys received from the veterans mortgage loan repayment fund under s. 45.37 (7) (a) and (c); and all gifts of money received by the board of veterans affairs for the purposes of this fund.

AB821-ASA1,34 Section 34. 25.37 of the statutes is amended to read:

AB821-ASA1,8,18 25.37 Wisconsin veterans homes members fund. There is established a separate nonlapsible trust fund designated as the Wisconsin veterans homes members fund. The fund shall consist of moneys belonging to persons residing in Wisconsin veterans homes, that are paid to the homes, and that are transferred into the fund by the department of veterans affairs under s. 45.51 (8) 45.50 (13).

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: