Amendment AA10-SB70

SB70-AA10,139,7 322.1345 Article 134h — Sexual harassment. Any person who knowingly makes an unwelcome sexual advance, demand, or request for a sexual favor or knowingly engages in other unwelcome conduct of a sexual nature shall be punished as a court-martial may direct if all of the following apply:

SB70-AA10,139,9 (1) The sexual advance, demand, request, or conduct of a sexual nature satisfies any of the following conditions:

SB70-AA10,139,15 (a) It would, under the circumstances, cause a reasonable person to believe, and at least one person did believe, that submission to or rejection of such an advance, demand, request, or conduct would be made, either explicitly or implicitly, a term or condition of that person's job, pay, career, benefits, or entitlements or would be used as a basis for decisions affecting that person's job, pay, career, benefits, or entitlements.

SB70-AA10,139,18 (b) It was so severe, repetitive, or pervasive that a reasonable person would perceive, and at least one person did perceive, an intimidating, hostile, or offensive working environment.

SB70-AA10,139,21 (2) The sexual advance, demand, request, or conduct of a sexual nature was to the prejudice of good order and discipline in the state military forces or of a nature to bring discredit upon the state military forces, or both.

SB70-AA10,9331 Section 9331. Initial applicability; Military Affairs.

SB70-AA10,140,2 (1) Report on substantive changes to the Uniform Code of Military Justice. The reporting requirement under s. 321.03 (1) (f) 2. first applies to a substantive change to the Uniform Code of Military Justice that is made on or after October 1, 2023.

SB70-AA10,140,6 (2) Reporting of sexual assault and sexual harassment within the Wisconsin national guard. The reporting requirement under s. 321.04 (1) (s) first applies to a reported incident of sexual assault or sexual harassment that is made on or after October 1, 2023.”.

SB70-AA10,140,7 262. Page 374, line 11: after that line insert:

SB70-AA10,140,9 “ Section 1i. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated: - See PDF for table - See PDF for table - See PDF for table - See PDF for table

SB70-AA10,2i Section 2i. 20.465 (1) (j) of the statutes is created to read:

SB70-AA10,140,15 20.465 (1) (j) Demolition of abated former drug dwellings. All moneys received as reimbursement from local units of government, as defined in s. 323.02 (15), for the demolition of abated former drug dwellings that have been abated during narcotics investigations, placed into receivership, then left unsold, unmaintained, and unoccupied, to be used for such demolitions.”.

SB70-AA10,140,16 263. Page 374, line 11: after that line insert:

SB70-AA10,140,17 “ Section 252. 45.61 (2) (a) of the statutes is amended to read:

SB70-AA10,141,2 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-AA10,253 Section 253. 45.61 (2) (am) of the statutes is repealed.

SB70-AA10,254 Section 254. 45.61 (2) (b) of the statutes is repealed.

SB70-AA10,255 Section 255. 45.61 (2) (c) (intro.) of the statutes is repealed.

SB70-AA10,256 Section 256. 45.61 (2) (c) 1. of the statutes is amended to read:

SB70-AA10,141,9 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-AA10,257 Section 257. 45.61 (2) (c) 2. of the statutes is amended to read:

SB70-AA10,141,13 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-AA10,258 Section 258. 45.61 (2) (c) 3. of the statutes is repealed.

SB70-AA10,259 Section 259. 45.61 (2) (d) of the statutes is amended to read:

SB70-AA10,141,21 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-AA10,260 Section 260. 45.61 (2) (e) of the statutes is repealed.

SB70-AA10,261 Section 261. 45.61 (3) of the statutes is amended to read:

SB70-AA10,142,2 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-AA10,262 Section 262. 45.61 (4) (a) of the statutes is amended to read:

SB70-AA10,142,9 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.

SB70-AA10,263 Section 263. 45.61 (5) (a) of the statutes is renumbered 45.61 (5) and amended to read:

SB70-AA10,142,19 45.61 (5) Expenses incident to the burial under this section of persons described in sub. (2) (a) and (b) to (e) shall be paid from the estate of the decedent, except that if there is no estate or the estate is insufficient, the expense of burial, or necessary part of the burial, shall be paid from the appropriation accounts under s. 20.485 (4) (g), (m), or (q) or, for members of veterans homes, from the appropriation account under s. 20.485 (1) (gk) for members of veterans homes, and the. The amount expended for those expenses under this subsection shall not exceed the amount established for funeral and burial expenses under s. 49.785 (1) (b).

SB70-AA10,264 Section 264. 45.61 (5) (b) of the statutes is repealed.”.

SB70-AA10,142,21 264. Page 374, line 11: after that line insert:

SB70-AA10,142,22 “ Section 265. 36.27 (2) (b) 5. of the statutes is created to read:

SB70-AA10,143,3 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-AA10,266 Section 266. 36.27 (3p) (a) 1r. g. of the statutes is created to read:

SB70-AA10,143,5 36.27 (3p) (a) 1r. g. The person meets the criteria described in s. 45.01 (12) (fm).

SB70-AA10,267 Section 267. 38.24 (8) (a) 1r. g. of the statutes is created to read:

SB70-AA10,143,7 38.24 (8) (a) 1r. g. The person meets the criteria described in s. 45.01 (12) (fm).

SB70-AA10,268 Section 268. 45.01 (12) (fm) of the statutes is created to read:

SB70-AA10,143,15 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-AA10,269 Section 269. 45.44 (3) (c) (intro.) of the statutes is amended to read:

SB70-AA10,143,18 45.44 (3) (c) (intro.) A veteran, as defined in s. 45.01 (12) (a) to (f) (fm), or one of the following:

SB70-AA10,270 Section 270. 45.51 (2) (a) 1. of the statutes is amended to read:

SB70-AA10,143,20 45.51 (2) (a) 1. A veteran, other than a veteran described in s. 45.01 (12) (fm).”.

SB70-AA10,143,21 265. Page 374, line 11: after that line insert:

SB70-AA10,143,22 “ Section 271. 20.435 (2) (bm) of the statutes is amended to read:

SB70-AA10,144,3 20.435 (2) (bm) Secure mental health units or facilities. The amounts in the schedule for the general program operations of the Wisconsin Resource Center under s. 46.056 and other secure mental health units or facilities under s. 980.065 at which persons committed under s. 980.06 are placed, but not for security operations at the Wisconsin Resource Center.

SB70-AA10,272 Section 272. 46.056 (1) of the statutes is renumbered 46.056.

SB70-AA10,273 Section 273. 46.056 (2) of the statutes is repealed.

SB70-AA10,9108 Section 9108. Nonstatutory provisions; Corrections.

SB70-AA10,144,7 (1) Transfer of security operations at the Wisconsin Resource Center.

SB70-AA10,144,12 (a) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the department of corrections that are primarily related to security operations at the Wisconsin Resource Center, as determined by the secretary of administration, become the assets and liabilities of the department of health services.

SB70-AA10,144,17 (b) Positions and employees. On the effective date of this paragraph, 110.0 FTE GPR positions, and the incumbent employees holding those positions, in the department of corrections responsible for the performance of security operations at the Wisconsin Resource Center under s. 46.056 (2), 2021 stats., as determined by the secretary of administration, are transferred to the department of health services.

SB70-AA10,144,22 (c) Employee status. Employees transferred under par. (b ) have all the rights and the same status under ch. 230 of the statutes in the department of health services that they enjoyed in the department of corrections immediately before the transfer. Notwithstanding s. 230.28 (4), no employee transferred under par. (b) who has attained permanent status in class is required to serve a probationary period.

SB70-AA10,145,2 (d) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the department of corrections that are primarily related to security operations at the Wisconsin Resource Center, as determined by the secretary of administration, is transferred to the department of health services.

SB70-AA10,145,9 (e) Pending matters. Any matter pending with the department of corrections on the effective date of this paragraph that is primarily related to security operations at the Wisconsin Resource Center, as determined by the secretary of administration, is transferred to the department of health services. All materials submitted to or actions taken by the department of corrections with respect to the pending matter are considered as having been submitted to or taken by the department of health services.

SB70-AA10,145,15 (f) Contracts. All contracts entered into by the department of corrections primarily related to security operations at the Wisconsin Resource Center, as determined by the secretary of administration, in effect on the effective date of this paragraph remain in effect and are transferred to the department of health services. The department of health services shall carry out any obligations under those contracts unless modified or rescinded to the extent allowed under the contract.”.

SB70-AA10,145,16 266. Page 374, line 11: after that line insert:

SB70-AA10,145,18 “ Section 274. 20.485 (2) (vm) (title) of the statutes is repealed and recreated to read:

SB70-AA10,145,19 20.485 (2) (vm) (title) Veterans assistance grants.

SB70-AA10,275 Section 275. 45.40 (title) of the statutes is repealed and recreated to read:

SB70-AA10,145,21 45.40 (title) Veterans assistance grants.

SB70-AA10,276 Section 276. 45.40 (1g) (a) of the statutes is amended to read:

SB70-AA10,146,3 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-AA10,277 Section 277. 45.40 (1m) (a) of the statutes is amended to read:

SB70-AA10,146,19 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-AA10,278 Section 278. 45.40 (1m) (b) of the statutes is amended to read:

SB70-AA10,146,23 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-AA10,279 Section 279. 45.40 (2) (a) of the statutes is amended to read:

SB70-AA10,147,4 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-AA10,280 Section 280. 45.40 (2m) (a) of the statutes is amended to read:

SB70-AA10,147,11 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-AA10,281 Section 281. 45.40 (3) of the statutes is amended to read:

SB70-AA10,147,14 45.40 (3) Limitations. The total cumulative amount that any veteran may receive under this section may not exceed $7,500 $10,000.”.

SB70-AA10,147,15 267. Page 374, line 11: after that line insert:

SB70-AA10,147,16 “ Section 282. 45.82 (2) of the statutes is amended to read:

SB70-AA10,148,6 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-AA10,283 Section 283. 45.82 (3) of the statutes is repealed.

SB70-AA10,284 Section 284. 45.82 (4) of the statutes is amended to read:

SB70-AA10,148,17 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-AA10,148,18 268. Page 374, line 11: after that line insert:

SB70-AA10,148,19 “ Section 285. 20.485 (1) (gk) of the statutes is amended to read:

SB70-AA10,149,13 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-AA10,9148 Section 9148. Nonstatutory provisions; Veterans Affairs.

SB70-AA10,149,20 (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-AA10,9248 Section 9248. Fiscal changes; Veterans Affairs.

SB70-AA10,149,24 (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.”.