Amendment SA2-SSA2-SB70

SB70-SSA2-SA2,95,18 (b) 1. A person to whom par. (a) applies shall file a petition with the sentencing court to request expungement or redesignation.

SB70-SSA2-SA2,95,25 2. If the court receiving a petition under subd. 1. determines that par. (a) applies, the court shall schedule a hearing to consider the petition. At the hearing, if the court determines that par. (a) 2. b. applies, the court shall redesignate the crime to a lesser crime and change the record to reflect the lesser crime, and if the court determines that par. (a) 2. a. applies, the court shall expunge the conviction. Before redesignating or expunging under this subdivision, the court shall determine that the action does not present an unreasonable risk of danger to public safety.

SB70-SSA2-SA2,96,4 (3) Effect of resentencing, dismissal, redesignation, or expungement. If the court changes or expunges a record under this section, a conviction that was changed or expunged is not considered a conviction for any purpose under state or federal law, including for purposes of s. 941.29 or 18 USC 921.

SB70-SSA2-SA2,9128 Section 9128. Nonstatutory provisions; Legislature.

SB70-SSA2-SA2,96,11 (1) Joint legislative council study. The joint legislative council shall study the implementation of the marijuana tax and regulation provided under subch. IV of ch. 139 and identify uses for the revenues generated by the tax. The joint legislative council shall report its findings, conclusions, and recommendations to the joint committee on finance no later than 2 years after the effective date of this subsection.”.

SB70-SSA2-SA2,96,12 208. Page 374, line 11: after that line insert:

SB70-SSA2-SA2,96,13 “ Section 9137. Nonstatutory provisions; Revenue

SB70-SSA2-SA2,96,18 “(1 ) Agent positions. The authorized FTE positions for the department of revenue, funded from the appropriation under s. 20.566 (1) (a), are decreased by 38.0 GPR project positions and the authorized positions for the department of revenue, funded from the appropriation under s. 20.566 (1), are increased by 38.0 GPR positions to serve as special agents for the department.”.

SB70-SSA2-SA2,96,19 209. Page 374, line 11: after that line insert:

SB70-SSA2-SA2,96,20 “ Section 93. 125.06 (6) of the statutes is amended to read:

SB70-SSA2-SA2,96,24 125.06 (6) Public parks. The sale of fermented malt beverages and wine in any public park operated by a county or municipality. Fermented malt beverages and wine shall be sold by officers or employees of the county or municipality under an ordinance, resolution, rule or regulation enacted by the governing body.

SB70-SSA2-SA2,94 Section 94. 125.09 (6) of the statutes is amended to read:

SB70-SSA2-SA2,97,4 125.09 (6) Municipal stores sales. No municipality may engage in the sale of alcohol beverages, except as authorized under s. ss. 125.06 (6) and 125.26 (6). This subsection does not apply to municipal stores in operation on November 6, 1969.”.

SB70-SSA2-SA2,97,5 210. Page 374, line 11: after that line insert:

SB70-SSA2-SA2,97,6 “ Section 9137. Nonstatutory provisions; Revenue

SB70-SSA2-SA2,97,8 (7m) Closing hours exception for certain alcohol beverage retailers during the Republican National Convention in Milwaukee.

SB70-SSA2-SA2,97,9 (a) In this subsection:

SB70-SSA2-SA2,97,10 1. “Municipality” has the meaning given in s. 125.02 (11).

SB70-SSA2-SA2,97,14 2. “Southeast Wisconsin municipality” means a municipality any part of which is located within Kenosha, Racine, Walworth, Rock, Milwaukee, Waukesha, Jefferson, Dane, Ozaukee, Washington, Dodge, Columbia, Sheboygan, or Fond du Lac County.

SB70-SSA2-SA2,97,20 (b) 1. Notwithstanding s. 125.32 (3) (a), from July 15 to July 19, 2024, the closing hours for premises operating under a Class “B” license issued by a southeast Wisconsin municipality shall be between 4 a.m. and 6 a.m. if the municipality that issued the license has adopted a resolution allowing extended closing hours within the municipality and has authorized this extended closing hour as provided in subd. 2.

SB70-SSA2-SA2,97,24 2. If a southeast Wisconsin municipality has adopted a resolution under subd. 1., the municipality shall establish a process to authorize, and may upon application so authorize, the extended closing hour under subd. 1 . for any Class “B” licensed premises within the municipality.

SB70-SSA2-SA2,98,6 (c) 1. Notwithstanding s. 125.68 (4) (c) 1. and 3m., from July 15 to July 19, 2024, the closing hours for premises operating under a “Class B” or “Class C” license issued by a southeast Wisconsin municipality shall be between 4 a.m. and 6 a.m. if the municipality that issued the license has adopted a resolution allowing extended closing hours within the municipality and has authorized this extended closing hour as provided in subd. 2.

SB70-SSA2-SA2,98,10 2. If a southeast Wisconsin municipality has adopted a resolution under subd. 1., the municipality shall establish a process to authorize, and may upon application so authorize, the extended closing hour under subd. 1 . for any “Class B” or “Class C” licensed premises within the municipality.”.

SB70-SSA2-SA2,98,11 211. Page 374, line 11: after that line insert:

SB70-SSA2-SA2,98,12 “ Section 95. 25.36 of the statutes is repealed.

SB70-SSA2-SA2,96 Section 96. 20.855 (4) (bv) of the statutes is repealed.

SB70-SSA2-SA2,9448 Section 9448. Effective dates; Veterans Affairs.

SB70-SSA2-SA2,98,16 (1) Repeal of veterans trust fund. The treatment of ss. 25.36 and 20.855 (4) (bv) takes effect on July 1, 2025.”.

SB70-SSA2-SA2,98,17 212. Page 374, line 11: after that line insert:

SB70-SSA2-SA2,98,18 “ Section 97. 20.485 (1) (gk) of the statutes is amended to read:

SB70-SSA2-SA2,99,12 20.485 (1) (gk) Institutional 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. (kc) and (kj), for the transfer of moneys in an amount up to $10,000,000 to the appropriation account under par. (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) 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. All moneys transferred under 2023 Wisconsin Act .... (this act), section 9248 (1r), shall be credited to this appropriation account. Except for the moneys transferred under this paragraph to the appropriation account under par. (kc), no moneys may be expended from this appropriation for the purposes specified in par. (kc).

SB70-SSA2-SA2,9148 Section 9148. Nonstatutory provisions; Veterans Affairs.

SB70-SSA2-SA2,99,19 (1) Study for a master plan for the Wisconsin Veterans Home at King. From the appropriation under s. 20.485 (2) (u), during the 2023-25 fiscal biennium, the department of veterans affairs shall contract with a vendor to study the campus of the Wisconsin Veterans Home at King. The study shall provide a framework to guide decision-making for future operations and development on the campus of the Wisconsin Veterans Home at King. The study shall be completed before June 1, 2025.

SB70-SSA2-SA2,9248 Section 9248. Fiscal changes; Veterans Affairs.

SB70-SSA2-SA2,99,23 (1r) Veterans homes institutional operations. There is transferred from the general fund to the appropriation account under s. 20.485 (1) (gk) $10,000,000 in fiscal year 2023-24.”.

SB70-SSA2-SA2,99,24 213. Page 374, line 11: after that line insert:

SB70-SSA2-SA2,100,1 “ Section 98. 45.82 (2) of the statutes is amended to read:

SB70-SSA2-SA2,100,15 45.82 (2) The department of veterans affairs shall award a grant annually to a county that meets the standards developed under this section if the county executive, administrator, or administrative coordinator certifies to the department that it employs a county veterans service officer who, if chosen after April 15, 2015, is chosen from a list of candidates who have taken a civil service examination for the position of county veterans service officer developed and administered by the bureau of merit recruitment and selection in the department of administration, or is appointed under a civil service competitive examination procedure under s. 59.52 (8) or ch. 63. The grant shall be $9,350 $18,700 for a county with a population of less than 20,000, $11,000 $22,000 for a county with a population of 20,000 to 45,499, $12,650 $25,300 for a county with a population of 45,500 to 74,999, and $14,300 $28,600 for a county with a population of 75,000 or more. The department of veterans affairs shall use the most recent Wisconsin official population estimates prepared by the demographic services center when making grants under this subsection.

SB70-SSA2-SA2,99 Section 99. 45.82 (3) of the statutes is repealed.

SB70-SSA2-SA2,100 Section 100. 45.82 (4) of the statutes is amended to read:

SB70-SSA2-SA2,101,2 45.82 (4) The department shall provide grants to the governing bodies of federally recognized American Indian tribes and bands from the appropriation under s. 20.485 (2) (km) or (vu) if that governing body enters into an agreement with the department regarding the creation, goals, and objectives of a tribal veterans service officer, appoints a veteran to act as a tribal veterans service officer, and gives that veteran duties similar to the duties described in s. 45.80 (5), except that the veteran shall report to the governing body of the tribe or band. The department may make annual grants in an amount not to exceed $16,500 $33,000 per grant under this subsection and shall promulgate rules to implement this subsection.”.

SB70-SSA2-SA2,101,3 214. Page 374, line 11: after that line insert:

SB70-SSA2-SA2,101,5 “ Section 101. 20.485 (2) (vm) (title) of the statutes is repealed and recreated to read:

SB70-SSA2-SA2,101,6 20.485 (2) (vm) (title) Veterans assistance grants.

SB70-SSA2-SA2,102 Section 102. 45.40 (title) of the statutes is repealed and recreated to read:

SB70-SSA2-SA2,101,8 45.40 (title) Veterans assistance grants.

SB70-SSA2-SA2,103 Section 103. 45.40 (1g) (a) of the statutes is amended to read:

SB70-SSA2-SA2,101,14 45.40 (1g) (a) “Health care provider" means an advanced practice nurse prescriber certified under s. 441.16 (2), an audiologist licensed under ch. 459, a dentist licensed under ch. 447, an optometrist licensed under ch. 449, a physician licensed under s. 448.02, or a podiatrist licensed under s. 448.63 has the meaning given in s. 146.81 (1) and includes an ambulatory surgery center.

SB70-SSA2-SA2,104 Section 104. 45.40 (1m) (a) of the statutes is amended to read:

SB70-SSA2-SA2,102,6 45.40 (1m) (a) The department may provide subsistence payments to a veteran on a month-to-month basis or for a 3-month period. The department may pay subsistence aid for a 3-month period if the veteran will be incapacitated for more than 3 months and if earned or unearned income or aid from sources other than those listed in the application will not be available in the 3-month period. The department may provide subsistence payments only to a veteran who has suffered a loss of income due to illness, injury, or natural disaster. The department may grant subsistence aid under this subsection to a veteran whose loss of income is the result of abuse of alcohol or other drugs only if the veteran is participating in an alcohol and other drug abuse treatment program that is approved by the department. No payment may be made under this subsection if the veteran has other assets or income available to meet basic subsistence needs or if the veteran is eligible to receive aid from other sources to meet those needs. When determining the assets available to the veteran, the department may not include the first $50,000 of cash surrender value of any life insurance.

SB70-SSA2-SA2,105 Section 105. 45.40 (1m) (b) of the statutes is amended to read:

SB70-SSA2-SA2,102,10 45.40 (1m) (b) The maximum amount that any veteran may receive under this subsection per occurrence during a consecutive 12-month period may not exceed $3,000 $5,000.

SB70-SSA2-SA2,106 Section 106. 45.40 (2) (a) of the statutes is amended to read:

SB70-SSA2-SA2,102,15 45.40 (2) (a) The department may provide health care aid to a veteran for dental care, including dentures; vision care, including eyeglass frames and lenses; and hearing care, including hearing aids; and for any other medical device prescribed by a health care provider.

SB70-SSA2-SA2,107 Section 107. 45.40 (2m) (a) of the statutes is amended to read:

SB70-SSA2-SA2,102,22 45.40 (2m) (a) The unremarried spouse and dependent children of a veteran who died on active duty, or in the line of duty while on active or inactive duty for training purposes, in the U.S. armed forces or forces incorporated in the U.S. armed forces are eligible to receive payments under subs. (1m) and (2) if the household income of those persons does not exceed the income limitations established under sub. (3m).

SB70-SSA2-SA2,108 Section 108. 45.40 (3) of the statutes is amended to read:

SB70-SSA2-SA2,102,25 45.40 (3) Limitations. The total cumulative amount that any veteran may receive under this section may not exceed $7,500 $10,000.”.

SB70-SSA2-SA2,103,1 215. Page 374, line 11: after that line insert:

SB70-SSA2-SA2,103,2 “ Section 109. 36.27 (2) (b) 5. of the statutes is created to read:

SB70-SSA2-SA2,103,5 36.27 (2) (b) 5. A person who is a resident of and living in this state at the time of registering at an institution, and who is a veteran as described in s. 45.01 (12) (fm), is entitled to the exemption under par. (a).

SB70-SSA2-SA2,110 Section 110. 36.27 (3p) (a) 1r. g. of the statutes is created to read:

SB70-SSA2-SA2,103,7 36.27 (3p) (a) 1r. g. The person meets the criteria described in s. 45.01 (12) (fm).

SB70-SSA2-SA2,111 Section 111. 38.24 (8) (a) 1r. g. of the statutes is created to read:

SB70-SSA2-SA2,103,9 38.24 (8) (a) 1r. g. The person meets the criteria described in s. 45.01 (12) (fm).

SB70-SSA2-SA2,112 Section 112. 45.01 (12) (fm) of the statutes is created to read:

SB70-SSA2-SA2,103,17 45.01 (12) (fm) A person who was naturalized pursuant to section 2 (1) of the federal Hmong Veterans' Naturalization Act of 2000, P.L. 106-207, and resides in this state or a person who the secretary determines served honorably with a special guerrilla unit or irregular forces operating from a base in Laos in support of the armed forces of the United States at any time during the period beginning February 28, 1961, and ending May 7, 1975; is a citizen of the United States or an alien lawfully admitted for permanent residence in the United States; and resides in the state.

SB70-SSA2-SA2,113 Section 113. 45.44 (3) (c) (intro.) of the statutes is amended to read:

SB70-SSA2-SA2,103,20 45.44 (3) (c) (intro.) A veteran, as defined in s. 45.01 (12) (a) to (f) (fm), or one of the following:

SB70-SSA2-SA2,114 Section 114. 45.51 (2) (a) 1. of the statutes is amended to read:

SB70-SSA2-SA2,103,22 45.51 (2) (a) 1. A veteran, other than a veteran described in s. 45.01 (12) (fm).”.

SB70-SSA2-SA2,103,23 216. Page 374, line 11: after that line insert:

SB70-SSA2-SA2,103,24 “ Section 115. 45.61 (2) (a) of the statutes is amended to read:

SB70-SSA2-SA2,104,4 45.61 (2) (a) A person 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 into active service and his or her dependent child and surviving spouse.

SB70-SSA2-SA2,116 Section 116. 45.61 (2) (am) of the statutes is repealed.

SB70-SSA2-SA2,117 Section 117. 45.61 (2) (b) of the statutes is repealed.

SB70-SSA2-SA2,118 Section 118. 45.61 (2) (c) (intro.) of the statutes is repealed.

SB70-SSA2-SA2,119 Section 119. 45.61 (2) (c) 1. of the statutes is amended to read:

SB70-SSA2-SA2,104,11 45.61 (2) (c) 1. Is The spouse or dependent child of a person who is serving on active duty at the time of the spouse's or dependent child's death if the person was a resident of this state at the time of his or her entry or reentry into active service.

SB70-SSA2-SA2,120 Section 120. 45.61 (2) (c) 2. of the statutes is amended to read:

SB70-SSA2-SA2,104,15 45.61 (2) (c) 2. Was a resident of this state at the time of his or her entry or reentry into active service and The spouse of a person who was discharged or released from active duty in the U.S. armed forces under honorable conditions.

SB70-SSA2-SA2,121 Section 121. 45.61 (2) (c) 3. of the statutes is repealed.

SB70-SSA2-SA2,122 Section 122. 45.61 (2) (d) of the statutes is amended to read:

SB70-SSA2-SA2,104,23 45.61 (2) (d) A person who was a resident of this state at the time of his or her entry or reentry into service served in any a national guard or a reserve component of the U.S. armed forces or who was a resident of this state for at least 12 consecutive months immediately preceding his or her death, and the person's spouse, surviving spouse, and dependent children, if the person is eligible for burial in a national cemetery under 38 USC 2402.

SB70-SSA2-SA2,123 Section 123. 45.61 (2) (e) of the statutes is repealed.

SB70-SSA2-SA2,124 Section 124. 45.61 (3) of the statutes is amended to read:

SB70-SSA2-SA2,105,4 45.61 (3) Fees and costs. The department may charge a fee for burials under this section and may promulgate rules for the assessment of any fee. The cost of preparing the grave and the erection of a marker for a person described under sub. (2) (a), (b), or (d), or (e) shall be paid from the appropriation under s. 20.485 (1) (gk).

SB70-SSA2-SA2,125 Section 125. 45.61 (4) (a) of the statutes is amended to read:

SB70-SSA2-SA2,105,11 45.61 (4) (a) Application for burial shall be made to the department. The surviving spouse of the person described under sub. (2) (a), (b), or (d), or (e), if that person is interred at the Central Wisconsin Veterans Memorial Cemetery, shall have the privilege of selecting a plot next to that person if available. The department shall hold the plot for the surviving spouse for a period of one year from the date of granting the privilege, but may extend the hold, on request, for additional one-year periods.