AB144: Bill Text

Under current federal law, veterans and war orphans may receive federal benefits to cover the costs of training and education at certain approved schools or through certain approved courses of instruction. Federal law delegates the authority to approve these schools and courses of instruction to state agencies. Under current state law, the educational approval board (EAB), which is attached to DVA, approves these schools and courses of instruction. This bill eliminates the authority of EAB to approve the schools and courses of instruction for the training and education of veterans and war orphans and authorizes DVA to approve these schools and courses.

Currently, under the Veterans' Tuition and Fee Reimbursement Program, DVA reimburses eligible veterans up to 65%, or, in the case of certain disabled veterans, 100%, of the tuition and fees incurred by the veteran while a full-time student at a state institution of higher education or at any institution for which the veteran received a tuition waiver under the Minnesota-Wisconsin student reciprocity agreement. For purposes of calculating the amount of a reimbursement, any grants or scholarships received by the veteran are subtracted from the total tuition and fees incurred by the veteran.

Under the current Part-Time Study Grant Program, DVA reimburses eligible veterans up to 65%, or, in the case of certain disabled veterans, 100%, of the cost of tuition and fees incurred by the veteran for a correspondence course or part-time classroom study at a state institution of higher education, at any public or private high school, or at an institution of higher education that is located outside the state, if the course is not offered in the state, is not offered within 50 miles of the veteran's home, and is not located more than 50 miles from the state boundary line. The reimbursement under either of the above programs may not exceed 65%, and, in the case of certain disabled veterans, 100%, of the standard cost for a state resident at the University of Wisconsin-Madison.

This bill increases the amount an eligible veteran may be reimbursed under either program to 100% of the tuition and fees incurred by the veteran minus any grants or scholarships received by the veteran. The bill also increases the maximum amount of a grant for all eligible veterans under both programs to 100% of the standard cost for a state resident at the University of Wisconsin-Madison. The bill also permits a veteran to receive reimbursement under both programs for tuition and fees incurred by the veteran while a student at a proprietary school that has been approved by EAB or at a school approved by DVA under its authority to approve schools and courses for veterans and war orphans.

Under current law, as a condition of eligibility for most veterans benefit programs, a veteran must have been a resident of this state upon entering or reentering military service or have been a resident of this state for any period of five consecutive years. The same residency requirement applies to veterans who are applying for admission to the Wisconsin Veterans Home at King (WVHK) or the Southern Wisconsin Veterans Retirement Center (SWVRC). In addition, the spouse of a veteran or a parent of a veteran is eligible for admission to WVHK or SWVRC if he or she has been a resident of this state for the five years preceding the date of his or her application for admission. WVHK and SWVRC provide residential treatment and nursing home care to veterans and the spouses and parents of veterans.

Under this bill, a veteran is eligible for those veterans benefit programs that currently have a residency requirement and for admission to WVHK or SWVRC if the veteran was a resident of this state upon entering or reentering military service or has been a resident of this state for any period of 12 consecutive months. Also, under the bill, a spouse or parent of a veteran is eligible for admission to WVHK or SWVRC, if he or she has been a resident of this state for the 12 months preceding the date of his or her application for admission.

Currently, under the Veterans Retraining Grant Program, DVA awards employment retraining grants of up to $3,000 to eligible veterans who are unemployed, underemployed, or who have received a notice of termination of employment. As a condition of eligibility for a retraining grant, a veteran must be enrolled in a proprietary school that is approved by EAB, other than a proprietary school that offers four-year degrees or four-year programs, be enrolled in a technical college training course, or be engaged in a structured on-the-job training program. This bill permits DVA to pay a retraining grant to a veteran's employer, on behalf of the veteran, if the veteran is engaged in a structured on-the-job training program and is otherwise eligible for the retraining grant program.

This bill requires DVA to pay $100,000 annually to the Wisconsin department of the Disabled American Veterans to provide transportation services to veterans.

Military affairs

Under current law, the Wisconsin national guard is composed of the army and air national guard. Current law also allows the adjutant general to establish and organize a state defense force if the national guard is called into the service of the United States. This bill creates a Wisconsin naval militia, which will be under the control of the adjutant general and will be subject to the same policies and procedures as the other military components.

Under current law, regional emergency response teams have been established to respond to a "Level A" release, which is a release of a hazardous substance that necessitates the highest level of protective equipment for the skin and respiratory systems of emergency response personnel. Local emergency response teams are required to respond to a "Level B" release, which is a release of a hazardous substance that necessitates the highest level of protective equipment for the respiratory systems of emergency response personnel but less skin protection than a "Level A" release.

The division of emergency management in DMA (division) is currently required to promulgate rules regarding the duties of local and regional emergency response teams and the governmental units that employ those teams. The division also awards grants for the cost of such duties and reimburses the teams for unreimbursed costs that are incurred in responding to a release. Emergency response teams are required to make a good faith effort to identify the person who is responsible for the hazardous substance release and to determine if that person is financially able to reimburse the team for its expenses. Currently, a person who is financially able to reimburse the team for expenses incurred in responding to the release is required to reimburse those expenses.

Under this bill, the division must establish the procedures that the emergency response teams must follow to determine if an emergency that requires a team's response exists as the result of a release or potential release of a hazardous substance. Under the bill, the division must reimburse regional and local emergency response teams for costs incurred in responding to an emergency that results from a potential release if procedures have been developed to determine if an emergency exists. A person may be required to reimburse a team for expenses incurred in responding to an emergency that results from a potential release if the team has developed the procedures to determine if an emergency exists.

This bill requires that regional emergency response teams have members that meet the highest standards required under federal law and the National Fire Protection Association and that are trained in each of the appropriate specialty areas under the National Fire Protection Association standard. The bill also requires regional emergency response teams to file annual financial reports with the adjutant general.

This bill will be referred to the joint survey committee on tax exemptions for a detailed analysis, which will be printed as an appendix to this bill.

This bill will be referred to the joint survey committee on retirement systems for a detailed analysis, which will be printed as an appendix to this bill.

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

AB144, s. 1 Section 1. 5.02 (1) of the statutes is renumbered 5.02 (1c).

AB144, s. 2 Section 2. 5.02 (1a) of the statutes is created to read:

AB144,137,5 5.02 (1a) "Alternate identification," when used in reference to any individual, means any identification card other than preferred identification that contains the photograph and current street address of the individual.

AB144, s. 3 Section 3. 5.02 (15m) of the statutes is created to read:

AB144,137,11 5.02 (15m) "Preferred identification," when used in reference to any individual, means a valid operator's license issued to the individual under ch. 343 that contains the photograph and current street address of the individual or a valid identification card issued to the individual under s. 343.50 that contains the current street address of the individual.

AB144, s. 4 Section 4. 5.02 (17) of the statutes is amended to read:

AB144,138,2 5.02 (17) "Registration list" means the list of electors who are properly registered to vote in municipalities in which registration is required.

AB144, s. 5 Section 5. 5.05 (1) (f) of the statutes is amended to read:

AB144,138,7 5.05 (1) (f) Promulgate rules under ch. 227 applicable to all jurisdictions for the purpose of promoting the efficient and fair conduct of elections, interpreting or implementing the laws regulating the conduct of elections or election campaigns or ensuring their proper administration.

AB144, s. 6 Section 6. 5.05 (8) of the statutes is created to read:

AB144,138,14 5.05 (8) Training of observers at polling places. The board shall conduct training programs to enable individuals exercising the right of access to polling places under s. 7.41 (1) to inform themselves concerning the election laws, the procedures for conducting elections, and the rights of individuals who observe election proceedings. The board may charge participants in any programs for the cost of conducting the programs.

AB144, s. 7 Section 7. 5.05 (10) of the statutes is created to read:

AB144,138,21 5.05 (10) Grants to counties and municipalities. From the appropriation under s. 20.510 (1) (d), the board shall provide grants to counties and municipalities that apply for assistance to finance the cost of maintenance of the elector registration list under s. 6.33 (5). The board shall, by rule, prescribe an application procedure and an equitable method for allocation of grant moneys among counties and municipalities who apply for grants under this subsection.

AB144, s. 8 Section 8. 5.15 (6) (b) of the statutes is amended to read:

AB144,139,16 5.15 (6) (b) No later than 60 days before each September primary and general election, and no later than 30 days before each other election the governing body of any municipality may by resolution combine 2 or more wards for voting purposes to facilitate using a common polling place. Whenever wards are so combined, the original ward numbers shall continue to be utilized for all official purposes. Except as otherwise authorized under this paragraph, every municipality having a population of 35,000 or more shall maintain separate returns for each ward so combined. In municipalities having a population of less than 35,000, the governing body may provide in the resolution that returns shall be maintained only for each group of combined wards at any election. Whenever a governing body provides for common ballot boxes and ballots or voting machines, separate returns shall be maintained for each separate ballot required under ss. 5.62 and 5.64 at the September primary and general election. The municipal clerk shall transmit a copy of the resolution to the county clerk of each county in which the municipality is contained. In municipalities having a population of less than 35,000, the resolution shall remain in effect for each election until modified or rescinded, or until a new division is made under this section. Whenever a municipality combines wards or discontinues any ward combination under this paragraph, the municipal clerk shall promptly notify the board in writing or by electronic transmission.

AB144, s. 9 Section 9. 5.40 (6) of the statutes is amended to read:

AB144,139,20 5.40 (6) A municipality which utilizes voting machines or an electronic voting system at a polling place may permit use of the machines or system by electors voting under s. 6.15 only as authorized under s. 6.15 (3) (b).

AB144, s. 10 Section 10. 6.15 (2) (title) of the statutes is amended to read:

AB144,139,22 6.15 (2) (title) Application for ballot Procedure at clerk's office.

AB144, s. 11 Section 11. 6.15 (2) (a) (intro.) of the statutes is amended to read:

AB144,140,8 6.15 (2) (a) (intro.) The elector's request for the application form may be made to the proper municipal clerk either in person or in writing any time during the 10-day period in which the elector's residence requirement is incomplete, but not later than the applicable deadline for making application for an absentee ballot. Except as provided in par. (e), application may be made not sooner than 9 days nor later than 5 p.m. on the day before the election, or may be made at the proper polling place in for the ward or election district in which the elector resides. The application form shall be returned to the municipal clerk after the affidavit has been signed in the presence of the clerk or any officer authorized by law to administer oaths. The affidavit shall be in substantially the following form:

AB144, s. 12 Section 12. 6.15 (2) (bm) of the statutes is created to read:

AB144,140,25 6.15 (2) (bm) When making application in person at the office of the municipal clerk, each applicant shall present preferred identification or, if the applicant is unable to present preferred identification, the applicant shall present alternate identification. If the applicant is unable to present preferred or alternate identification, the applicant shall present any identification card that contains the name and photograph of the applicant and an identification number. If the applicant is unable to present any identification authorized under this paragraph, the application information may be corroborated in a statement that is signed by any other elector who resides in the municipality and who has not, during that day, corroborated the identity of more than one other person and that contains the current street address of the corroborator. The corroborator shall then provide identification in the same manner as if the corroborator were applying for a ballot under this paragraph. The clerk shall record on the application form, for any applicant who is unable to present preferred or alternate identification, the type of identification the applicant is able to present, if any, and the identifying number contained in that identification.

AB144, s. 13 Section 13. 6.15 (2) (d) 1g. of the statutes is created to read:

AB144,141,16 6.15 (2) (d) 1g. Except as otherwise provided in this subdivision, if the elector makes application in person at the office of the municipal clerk, the clerk shall verify that the name and address on the identification provided by the elector under par. (bm) or the name and address corroborated under par. (bm) are the same as the name and address on the elector's application and shall verify that the photograph contained in the identification reasonably resembles the elector. If the elector presents an identification card that is not preferred or alternate identification or that contains an address different from that on the application, the clerk shall verify that the name and identifying number on the identification card are the same as the person's name on the application and the identifying number on any identification card that the person's application indicates he or she is able to present. If the person's application does not indicate that he or she is able to present an identification card or if the identifying number on the identification card is different from the identifying number indicated in the person's application, the clerk shall record the type of identification and the identifying number contained in that identification.

AB144, s. 14 Section 14. 6.15 (2) (e) of the statutes is created to read:

AB144,141,23 6.15 (2) (e) If the elector makes application in writing but does not appear in person, and the clerk receives a properly completed application and cancellation card from the elector, the clerk shall provide the elector with a ballot. If the ballot is to be mailed, the application must be received no later than 5 p.m. on the Friday before the election. In order to be counted, the ballot must be received by the municipal clerk no later than 5 p.m. on the day before the election.

AB144, s. 15 Section 15. 6.15 (3) (a) (title) of the statutes is repealed.

AB144, s. 16 Section 16. 6.15 (3) (a) 1., 2. and 3. of the statutes are renumbered 6.15 (2) (d) 1r., 2. and 3., and 6.15 (2) (d) 1r., as renumbered, is amended to read:

AB144,142,14 6.15 (2) (d) 1r. Upon proper completion of the application and cancellation card, and verification and recording of the elector's identification under subd. 1g., if required, the municipal clerk shall inform the elector that he or she may vote for the presidential electors not sooner than 9 days nor later than 5 p.m. on the day before the election at the office of the municipal clerk, or at a specified polling place on election day. When voting at the municipal clerk's office, the applicant shall provide identification and permit the elector to cast his or her ballot for president and vice president. The elector shall then mark or punch the ballot in the clerk's presence in a manner that will not disclose his or her vote. Unless the ballot is utilized with an electronic voting system, the applicant elector shall fold the ballot so as to conceal his or her vote. The applicant elector shall then deposit the ballot and seal it in an envelope furnished by the clerk.

AB144, s. 17 Section 17. 6.15 (3) (b) (title) of the statutes is repealed.

AB144, s. 18 Section 18. 6.15 (3) (b) of the statutes is renumbered 6.15 (3) and amended to read:

AB144,143,11 6.15 (3) Voting procedure Procedure at polling place. An eligible elector may appear at the polling place for the ward or election district where he or she resides and make application for a ballot under sub. (2). In such case, the inspector or special registration deputy Except as otherwise provided in this subsection, an elector who casts a ballot under this subsection shall follow the same procedure required for casting a ballot at the municipal clerk's office under sub. (2). The inspectors shall perform the duties of the municipal clerk. The elector shall provide identification. If the elector is qualified, he or she shall be permitted to vote except that the inspectors shall return the cancellation card under sub. (2) (b) to the municipal clerk and the clerk shall forward the card as provided under sub. (2) (c) if required. Upon proper completion of the application and cancellation card and verification and recording of elector's identification under sub. (2) (d) 1g., the inspectors shall permit the elector to cast his or her ballot for president and vice president. The elector shall then mark or punch the ballot and, unless the ballot is utilized with an electronic voting system, the elector shall fold the ballot, and shall deposit the ballot into the ballot box or give it to the inspector. The inspector shall deposit it directly into the ballot box. Voting machines or ballots utilized with electronic voting systems may be used by electors voting under this section if they permit voting for president and vice president only.

AB144, s. 19 Section 19. 6.20 of the statutes is amended to read:

AB144,143,14 6.20 Absent electors. Any qualified elector of this state who registers where required may vote by absentee ballot under ss. 6.84 to 6.89.

AB144, s. 20 Section 20. 6.24 (3) of the statutes is amended to read:

AB144,143,22 6.24 (3) Registration. If registration is required in the municipality where the The overseas elector resided or where the overseas elector's parent resided, the elector shall register in the municipality where he or she was last domiciled or where the overseas elector's parent was last domiciled on a form prescribed by the board designed to ascertain the elector's qualifications under this section. The form shall be substantially similar to the original form under s. 6.33 (1), insofar as applicable. Registration shall be accomplished in accordance with s. 6.30 (4).

AB144, s. 21 Section 21. 6.24 (4) (a) of the statutes is amended to read:

AB144,143,25 6.24 (4) (a) An overseas elector who is properly registered where registration is required may request an absentee ballot in writing under ss. 6.86 to 6.89.

AB144, s. 22 Section 22. 6.24 (4) (c) of the statutes is amended to read:

AB144,144,8 6.24 (4) (c) Upon receipt of a timely application from an individual who qualifies as an overseas elector and who has registered to vote in a municipality under sub. (3) whenever registration is required in that municipality, the municipal clerk of the municipality shall send an absentee ballot to the individual for all subsequent elections for national office to be held during the year in which the ballot is requested, unless the individual otherwise requests or until the individual no longer qualifies as an overseas elector.

AB144, s. 23 Section 23. 6.24 (8) of the statutes is repealed.

AB144, s. 24 Section 24. 6.27 (1) of the statutes is renumbered 6.27 and amended to read:

AB144,144,14 6.27 Where elector Elector registration required. Every municipality over 5,000 population shall keep a registration list consisting of all currently registered electors. Where used, registration applies to Registration is required in every municipality for all elections.

AB144, s. 25 Section 25. 6.27 (2) to (5) of the statutes are repealed.

AB144, s. 26 Section 26. 6.28 (1) of the statutes is amended to read:

AB144,145,12 6.28 (1) Registration locations; deadline. Except as authorized in ss. 6.29 and 6.55 (2), registration in person for any election shall close at 5 p.m. on the 2nd Wednesday preceding the election. Registrations made by mail under s. 6.30 (4) must be delivered to the office of the municipal clerk or postmarked no later than the 2nd Wednesday preceding the election. An application for registration in person or by mail may be accepted for placement on the registration list after the specified deadline, if the municipal clerk determines that the registration list can be revised to incorporate the registration in time for the election. All applications for registration corrections and additions may be made throughout the year at the office of the city board of election commissioners, at the office of the municipal clerk, at the office of any register of deeds or at other locations provided by the board of election commissioners or the common council in cities over 500,000 population or by either or both the municipal clerk, or the common council, village or town board in all other municipalities and may also be made during the school year at any high school by qualified persons under sub. (2) (a). Other registration locations may include but are not limited to fire houses, police stations, public libraries, institutions of higher education, supermarkets, community centers, plants and factories, banks, savings and loan associations and savings banks. Special registration deputies shall be appointed for all locations. An elector who registers under this section and who wishes to obtain a confidential listing under s. 6.47 (2) shall register at the office of the municipal clerk of the municipality where the elector resides.

AB144, s. 27 Section 27. 6.28 (2) (b) of the statutes is amended to read:

AB144,146,8 6.28 (2) (b) The municipal clerk of each municipality in which elector registration is required shall notify the school board of each school district in which the municipality is located that high schools shall be used for registration pursuant to par. (a). The school board and the municipal clerk shall agree upon the appointment of at least one qualified elector at each high school as a special school registration deputy. The municipal clerk shall appoint such person as a school registration deputy and explain the person's duties and responsibilities. Students and staff may register at the high school on any day that classes are regularly held. The school registration deputies shall promptly forward properly completed registration forms to the municipal clerk of the municipality in which the registering student or staff member resides. The municipal clerk, upon receiving such registration forms, shall add all those registering electors who have met the registration requirements to the registration list. The municipal clerk may reject any registration form and shall promptly notify the person whose registration is rejected of the rejection and the reason therefor. A person whose registration is rejected may reapply for registration if he or she is qualified. The form of each high school student who is qualified and will be eligible to vote at the next election shall be filed in such a way that when a student attains the age of 18 years the student is registered to vote automatically. Each school board shall assure that the principal of every high school communicates elector registration information to students.

AB144, s. 28 Section 28. 6.28 (3) of the statutes is amended to read:

AB144,146,17 6.28 (3) At office of register of deeds. Any person who resides in a municipality requiring registration of electors shall be given an opportunity to register to vote at the office of the register of deeds for the county in which the person's residence is located. An applicant may fill out the required registration form under s. 6.33. Upon receipt of a completed form, the register of deeds shall forward the form within 5 days to the appropriate municipal clerk, or to the board of election commissioners in cities over 500,000 population. The register of deeds shall forward the form immediately whenever registration closes within 5 days of receipt.

AB144, s. 29 Section 29. 6.29 (1) of the statutes is amended to read:

AB144,146,23 6.29 (1) No names may be added to a registration list for any election after the close of registration, except as authorized under this section or s. 6.28 (1) or 6.55 (2). Any person whose name is not on the registration list but who is otherwise a qualified elector is entitled to vote at the election upon compliance with this section, if the person complies with all other requirements for voting at the polling place.

AB144, s. 30 Section 30. 6.29 (2) (a) of the statutes is amended to read:

AB144,148,7 6.29 (2) (a) Any qualified elector of a municipality where registration is required who has not previously filed a registration form or whose name does not appear on the registration list of the municipality shall be entitled to vote at the election if he or she delivers to the municipal clerk may register after the close of registration but not later than 5 p.m. of the day before an election at the office of the municipal clerk or at the office of the county clerk if the county clerk is acting as the agent of the municipal clerk for electronic entry of registration changes under s. 6.33 (5) (b). The elector shall complete, in the manner provided under s. 6.33 (2), a registration form executed by the elector. The form shall contain a certification by the elector that all statements are true and correct. Alternatively, if the elector cannot obtain a registration form, the elector may deliver a statement, signed by the elector, containing all of the information required on the registration form containing all information required under s. 6.33 (1). The elector shall present preferred identification or, if the elector is unable to present preferred identification, the elector shall present alternate identification. If the elector is unable to present preferred or alternate identification, the elector shall present any identification card that contains the name and photograph of the elector and an identifying number. If any identification presented by the elector is not acceptable proof of residence as provided in under s. 6.55 (7), the elector shall also present acceptable proof of residence. If no proof is presented the elector is unable to present any identification authorized under this paragraph or acceptable proof of residence under s. 6.55 (7), the information contained in the registration form or the listing of required information shall be substantiated corroborated in a statement that is signed by one any other elector of the municipality, corroborating all the material statements therein who has not, during that day, corroborated the registration information of more than one other elector and that contains the current street address of the corroborating elector. The corroborating elector shall then provide identification in the same manner as if the corroborating elector were registering under this paragraph and acceptable proof of residence under s. 6.55 (7). The signing of the form by the registering elector and statement by the corroborating elector shall be done in the presence of the municipal clerk or deputy clerk not later than 5 p.m. of the day before an election.

AB144, s. 31 Section 31. 6.29 (2) (b) of the statutes is amended to read:

AB144,148,21 6.29 (2) (b) Upon Unless the municipal clerk determines that the registration list will be revised to incorporate the registration in time for the election, upon the filing of the registration form required by this section, the municipal clerk, or the county clerk if designated under s. 6.33 (5) (b), shall issue a certificate addressed to the inspectors of the proper ward or election district directing that the elector be permitted to cast his or her vote, unless the clerk determines that the registration list will be revised to incorporate the registration in time for the election if the elector complies with all requirements for voting at the polling place. The certificate shall be numbered serially, prepared in duplicate and one copy preserved in the office of the municipal clerk. The certificate shall indicate the name and address of the elector and, if the elector is unable to present preferred or alternate identification, the certificate shall indicate the type of identification, if any, the elector is able to present and the identifying number contained in that identification.

AB144, s. 32 Section 32. 6.33 (title) of the statutes is amended to read:

AB144,148,23 6.33 (title) Registration forms; manner of completing.

AB144, s. 33 Section 33. 6.33 (1) of the statutes is amended to read:

AB144,149,20 6.33 (1) The municipal clerk shall supply sufficient registration forms as prescribed by the board printed on loose-leaf sheets or cards to obtain from each applicant information as to name, date, residence location, citizenship, age, whether the applicant has resided within the ward or election district for at least 10 days, whether the applicant has lost his or her right to vote, and whether the applicant is currently registered to vote at any other location, and shall provide a space for the applicant's signature and the ward and aldermanic district, if any, where the elector resides. The forms shall also include a space for where the clerk, issuing officer, or registration deputy may record, for any applicant under s. 6.29 (2) or 6.55 (2) who is unable to present preferred or alternate identification, the type of identification serial, if any, the applicant is able to present and the identifying number of any elector who is issued such a number under s. 6.47 (3) contained in that identification. The forms shall also include a space where the clerk, issuing officer, or registration deputy, for any applicant who possesses a valid voting identification card issued to the person under s. 6.47 (3), may record the identification serial number appearing on the voting identification card and shall include a space for any other information prescribed by rule of the board. Each register of deeds shall obtain sufficient registration forms at the expense of the unit of government by which he or she is employed for completion by any elector who desires to register to vote at the office of the register of deeds under s. 6.28 (3).

AB144, s. 34 Section 34. 6.33 (2) (a) of the statutes is amended to read: