AB43: Bill Text

Under current law, the Mississippi River Parkway Commission assists in coordinating the development and preservation of the Great River Road in Wisconsin. The commission consists of members appointed to four-year terms by the governor. These members serve without compensation, but may be reimbursed for actual expenses of performing their duties. Reimbursements are paid from moneys appropriated to DOT for departmental management and operations.

The bill increases the position authority for the Mississippi River Parkway Commission by 1.0 FTE, funded from the same appropriation, for the purpose of providing administrative support to the commission.

VETERANS

County veterans service officer grants

The bill increases the dollar amount of grants made to counties with a veterans service officer. Under current law, DVA is required to annually award a grant to counties that employ a county veterans service officer chosen from a list of candidates who have completed a particular civil service examination or who were appointed under a certain civil service competitive examination procedure. The grants are awarded for the purpose of improving a county’s services to veterans. The amount of each grant is $9,350 for a county with a population of less than 20,000, $11,000 for a county with a population of 20,000 to 45,499, $12,650 for a county with a population of 45,500 to 74,999, and $14,300 for a county with a population of 75,000 or more. Counties that employ a part-time county veterans service officer are eligible to receive an annual grant not exceeding $550. DVA may also make annual grants not to exceed $16,500 to the governing bodies of federally recognized American Indian tribes and bands if the tribal governing body appoints a tribal veterans service officer and enters into an agreement with DVA regarding the creation, goals, and objectives of the tribal veterans service officer position.

The bill doubles the dollar amount of the grants annually awarded to counties and tribal governing bodies and repeals the restriction that a county employing a part-time county veterans services officer receive a grant not to exceed $550.

Assistance to Needy Veterans grants

The bill expands the Assistance to Needy Veterans grant program. Under current law, DVA administers the Assistance to Needy Veterans grant program, which provides subsistence aid and health care aid to veterans. Under the program, DVA may provide up to $3,000 in subsistence aid per 12-month period to veterans who have suffered a loss of income due to illness, injury, or natural disaster. Under the program, DVA may also provide aid payments to a veteran to pay for dental care, hearing care, and vision care. The total lifetime limit that a veteran may receive in aid under the program is $7,500.

The bill expands the program by allowing DVA to provide subsistence aid payments, in an amount of up to $5,000 per 12-month period, to a veteran who has suffered a loss of income for any reason and also allows DVA to provide health care aid payments to pay for any medical device prescribed by a licensed health care provider. The bill also raises the lifetime limit on aid that a veteran may receive under the program to $10,000.

Hmong and Laotian veterans

The bill expands the definition of “veteran” to include either 1) individuals who were naturalized pursuant to the Hmong Veterans’ Naturalization Act of 2000; or 2) individuals who the secretary of veterans affairs has determined 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 from February 28, 1961, to May 7, 1975, and who are citizens of the United States or aliens lawfully admitted for permanent residence in the United States who reside in Wisconsin. The bill extends most veterans benefits to anyone who meets this newly expanded definition of veteran, however, admission to a state veterans home and burial in a veterans cemetery are not included benefits as they are subject to federal regulation.

Wisconsin veterans cemetery eligibility requirements

The bill changes an eligibility requirement for an individual to be buried in one of the state veterans cemeteries. Under current law, an individual who was discharged under other than dishonorable conditions must have been a Wisconsin resident in order to be eligible for burial in one of the state veterans cemeteries. In select cases, children and spouses of eligible veterans must also be Wisconsin residents in order to be buried in a state veterans cemetery. The bill removes the Wisconsin residency eligibility requirements in determining whether an individual or his or her spouse or children may be buried in a state veterans cemetery. The bill also directs from which appropriation account some eligible individuals’ burial expenses may be paid.

Veterans homes and related programs

The bill requires DVA to contract with a vendor during the 2023-25 fiscal biennium to study the campus of the Wisconsin Veterans Home at King. The purpose of the study is to provide a framework to guide decision making for future operations and development on the campus of the Wisconsin Veterans Home at King. The study must be completed before June 1, 2025.

Transfer of funds for the operations of veterans homes

The bill transfers $10,000,000 in fiscal year 2023-24 from the general fund to the DVA appropriation used for the institutional operations of veterans homes.

Because this bill creates a new crime or revises a penalty for an existing crime, the Joint Review Committee on Criminal Penalties may be requested to prepare a report.

Because this bill relates to an exemption from state or local taxes, it may be referred to the Joint Survey Committee on Tax Exemptions for a report to be printed as an appendix to the bill.

Because this bill may increase or decrease, directly or indirectly, the cost of the development, construction, financing, purchasing, sale, ownership, or availability of housing in this state, the Department of Administration, as required by law, will prepare a report to be printed as an appendix to this bill.

This proposal may contain a health insurance mandate requiring a social and financial impact report under s. 601.423, stats.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

AB43,,4 The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB43,1 Section 1. 5.02 (6m) (f) of the statutes is amended to read:

AB43,,6 5.02 (6m) (f) An unexpired identification card issued by a university or college in this state that is accredited, as defined in s. 39.30 (1) (d), or by a technical college in this state that is a member of and governed by the technical college system under ch. 38, that contains the date of issuance and signature of the individual to whom it is issued and that contains an expiration date indicating that the card expires no later than 2 years after the date of issuance if the individual establishes, except that if the identification card is expired the individual shall establish that he or she is enrolled as a student at the university or college on the date that the card is presented.

AB43,2 Section 2. 5.02 (20) of the statutes is amended to read:

AB43,,8 5.02 (20) “Special primary” means the primary held 4 weeks before the special election, except as provided in s. 8.50 (4m) and except when the special election is held on the same day as the general election the special primary shall be held on the same day as the general primary or if the special election is held concurrently with the spring election, the primary shall be held concurrently with the spring primary.

AB43,3 Section 3. 5.02 (22) of the statutes is amended to read:

AB43,,10 5.02 (22) “Spring primary” means the nonpartisan primary held on the 3rd Tuesday in February to nominate nonpartisan candidates to be voted for at the spring election and partisan candidates to be voted for at a special election under s. 8.50 (4m).

AB43,4 Section 4. 5.05 (11m) of the statutes is created to read:

AB43,,12 5.05 (11m) Aids to counties and municipalities for certain special election costs. (a) From the appropriation under s. 20.510 (1) (f), the commission shall reimburse counties and municipalities for costs incurred in the administration of special primaries for state or national office and special elections for state or national office.

AB43,,13 (b) A cost is eligible for reimbursement under par. (a) only if all of the following apply:

AB43,,14 1. The commission determines that the cost is reasonable.

AB43,,15 2. The cost is specified under par. (c).

AB43,,16 3. If applicable, the commission determines that the rate paid by the county or municipality for the cost does not exceed the rate customarily paid for similar costs at a primary or election that is not a special primary or election.

AB43,,17 4. If the special primary or election coincides with a primary or election that is not a special primary or election, the commission determines that the cost does not exceed the amount that would be incurred if the primaries or elections did not coincide.

AB43,,18 (c) Only the following costs are eligible for reimbursement under par. (a):

AB43,,19 1. Rental payments for polling places.

AB43,,20 2. Election day wages paid under s. 7.03 to election officials working at the polls.

AB43,,21 3. Costs for the publication of required election notices.

AB43,,22 4. Printing and postage costs for absentee ballots and envelopes.

AB43,,23 5. Costs for the design and printing of ballots and poll books.

AB43,,24 6. Purchase of ballot bags or containers, including ties or seals for chain of custody purposes.

AB43,,25 7. Costs to program electronic voting machines.

AB43,,26 8. Purchase of memory devices for electronic voting machines.

AB43,,27 9. Wages paid to conduct a county canvass.

AB43,,28 10. Data entry costs for the statewide voter registration system.

AB43,5 Section 5. 5.05 (11r) of the statutes is created to read:

AB43,,30 5.05 (11r) Aids to counties and municipalities for the purchase of election supplies and equipment. From the appropriation under s. 20.510 (1) (ff), the commission may award grants to counties and municipalities for the purchase of election supplies and equipment, including electronic poll books.

AB43,6 Section 6. 5.053 of the statutes is created to read:

AB43,,32 5.053 Office of election transparency and compliance. (1) Definition. In this section, “office” means the office of election transparency and compliance.

AB43,,33 (2) Duties. The office shall do all of the following:

AB43,,34 (a) As directed by the commission by resolution, provide assistance and research to the commission concerning a sworn complaint filed under s. 5.05 (2m) or 5.06.

AB43,,35 (b) As directed by the administrator, provide assistance and research to the commission concerning the following:

AB43,,36 1. Procedures at polling places.

AB43,,37 2. Election processes.

AB43,,38 3. Audits of election systems and equipment, including with respect to accessibility requirements for individuals with disabilities.

AB43,,39 4. Responding to public records requests submitted under s. 19.35.

AB43,,40 5. Responding to inquiries and requests for assistance made by a member, committee, or house of the state legislature.

AB43,,41 6. Responding to inquiries from the public.

AB43,7 Section 7. 5.056 of the statutes is amended to read:

AB43,,43 5.056 Matching program with secretary of transportation. The commission administrator shall enter into the agreement with the secretary of transportation specified under s. 85.61 (1) to match personally identifiable information on the official registration list maintained by the commission under s. 6.36 (1) and the information specified in s. ss. 6.256 (2) and 6.34 (2m) with personally identifiable information maintained by the department of transportation. Subject to s. 343.14 (2p) (b), the agreement shall provide for the electronic transfer of information under s. 6.256 (2) to the commission on a continuous basis, no less often than weekly.

AB43,8 Section 8. 5.35 (6) (a) 4c. of the statutes is created to read:

AB43,,45 5.35 (6) (a) 4c. A voter bill of rights in substantially the following form:

AB43,,46 Voter Bill of Rights

AB43,,47 You have the following rights:

AB43,,48 • The right to vote if you are registered and eligible to vote. You are eligible to vote if you (1) are a U.S. citizen, (2) are at least 18 years old, (3) are registered where you currently live, (4) are not currently serving any portion of a felony sentence, including probation or supervision, (5) are not currently found mentally incompetent to vote by a court, and (6) have not placed a bet or a wager on the outcome of the election.

AB43,,49 • The right to inspect a sample ballot before voting.

AB43,,50 • The right to cast a ballot if you are in line when your polling place closes or when your municipal clerk’s office closes if you are voting by in-person absentee ballot on the last day for which such voting is allowed.

AB43,,51 • The right to cast a secret ballot, without anyone bothering you or telling you how to vote.

AB43,,52 • If you have a disability, the right to get help casting your ballot from anyone you choose, except from your employer or union representative.

AB43,,53 • The right to get help voting in a language other than English if enough voters where you live speak your language.

AB43,,54 • The right to get a new ballot if you made a mistake. You can get up to 3 ballots in all if you make a mistake and have not already cast your ballot.

AB43,,55 • The right to cast a provisional ballot. You can cast a provisional ballot if you are unable or unwilling to provide required proof of identification for voting or a valid driver license or identification card number for registering to vote on election day. Your provisional ballot will not be counted unless you provide the required information to the poll workers by 8:00 p.m. on election day or to the municipal clerk by 4:00 p.m. of the Friday following the election.

AB43,,56 • The right to have your ballot counted accurately.

AB43,,57 • The right to vote free from coercion or intimidation by any election official or other person.

AB43,,58 • The right to report any illegal or fraudulent election activity to an elections official or the State of Wisconsin Elections Commission.

AB43,9 Section 9. 5.84 (1) of the statutes is amended to read:

AB43,,60 5.84 (1) Where any municipality employs an electronic voting system which utilizes automatic tabulating equipment, either at the polling place or at a central counting location, the municipal clerk shall, on any day not more than 10 days prior to the election day on which the equipment is to be utilized in an election, have the equipment tested to ascertain that it will correctly count the votes cast for all offices and on all measures. Public notice of the time and place of the test shall be given by the clerk at least 48 hours prior to the test by publication of a class 1 notice under ch. 985 in one or more newspapers published within the municipality if a newspaper is published therein, otherwise in a newspaper of general circulation therein. The test shall be open to the public. The test shall be conducted by processing a preaudited group of ballots so marked as to record a predetermined number of valid votes for each candidate and on each referendum. The test shall include for each office one or more ballots which have votes in excess of the number allowed by law and, for a partisan primary election, one or more ballots which have votes cast for candidates of more than one recognized political party, in order to test the ability of the automatic tabulating equipment to reject such votes. If any error is detected, the municipal clerk shall ascertain the cause and correct the error. The clerk shall make an errorless count before the automatic tabulating equipment is approved by the clerk for use in the election.

AB43,10 Section 10. 5.86 (1) of the statutes is amended to read:

AB43,,62 5.86 (1) All proceedings at each central counting location shall be under the direction of the municipal clerk or an election official designated by the clerk unless the central counting location is at the county seat and the municipal clerk delegates the responsibility to supervise the location to the county clerk, in which case the proceedings shall be under the direction of the county clerk or an election official designated by the county clerk. If for any municipality the central counting location is at the county seat and the municipal clerk authorizes the early canvassing of absentee ballots under s. 7.525, the county clerk or the county clerk’s designee shall begin the proceedings for that municipality on the day before the election consistent with that section. Unless election officials are selected under s. 7.30 (4) (c) without regard to party affiliation, the employees at each central counting location, other than any specially trained technicians who are required for the operation of the automatic tabulating equipment, shall be equally divided between members of the 2 major political parties under s. 7.30 (2) (a) and all duties performed by the employees shall be by teams consisting of an equal number of members of each political party whenever sufficient persons from each party are available.

AB43,11 Section 11. 6.02 (1) of the statutes is amended to read:

AB43,,64 6.02 (1) Every U.S. citizen age 18 or older who has resided in an election district or ward for 28 10 consecutive days before any election where the citizen offers to vote is an eligible elector.

AB43,12 Section 12. 6.02 (2) of the statutes is amended to read:

AB43,,66 6.02 (2) Any U.S. citizen age 18 or older who moves within this state later than 28 10 days before an election shall vote at his or her previous ward or election district if the person is otherwise qualified. If the elector can comply with the 28-day 10-day residence requirement at the new address and is otherwise qualified, he or she may vote in the new ward or election district.

AB43,13 Section 13. 6.10 (3) of the statutes is amended to read:

AB43,,68 6.10 (3) When an elector moves his or her residence from one ward or municipality to another ward or municipality within the state at least 28 10 days before the election, the elector may vote in and be considered a resident of the new ward or municipality where residing upon registering at the proper polling place or other registration location in the new ward or municipality under s. 6.55 (2) or 6.86 (3) (a) 2. If the elector moves his or her residence later than 28 10 days before an election, the elector shall vote in the elector’s former ward or municipality if otherwise qualified to vote there.