Expands definition of "veteran" to include persons discharged for not receiving COVID-19 vaccines

State: WI
Bill Number: AB 724/SB 707
Position: SUPPORT
Action Required: None
Status: Died, SB 707 vetoed by the Governor 4/15/2022

Legislation Details:

UPDATE: 4/15/2022 - SB 707 was presented to the Governor on 4/14/2022.  The Governor vetoed the bill on 4/15/2022.  

SB 707 expanded the definition of "veteran" to include persons, who were dishonorably discharged from military service for declining COVID-19 vaccine, so that they could receive state benefits.

In addition, Wisconsin law currently provides a preference hiring system for veterans under the state’s civil service system (Chapter 230). One of the requirements for eligibility is that the veteran was honorably discharged from the U.S. armed forces. Similarly to expanding the definition for the purpose of state benefits, SB 707 would have expanded the definition of a veteran to include a person who would otherwise qualify under existing law, but who was discharged under other than honorable conditions solely on the basis that the person chose not to receive the COVID-19 vaccine.

According to his veto statement, Governor Tony Evers vetoed SB 707 because he objects to "expanding this definition [of the term 'veteran'] to reward individuals that refused to follow an order." He also said that the military determines what constitutes an honorable discharge, and that current state law only extends certain benefits to veterans who received an honorable discharge.

This bill was not attempting to redefine for the U.S. military what constitutes as a reason to issue a dishonorable discharge. It simply would have ensured that individuals, who were dishonorably discharged from military service, would qualify for state (versus federal or military) benefits if the only reason for their dishonorable discharge was refusal to take the COVID-19 vaccine. There have been multiple legal challenges protesting the COVID-19 vaccine mandate for all U.S. military personnel. There are a number of high-ranking individuals, who have served their nation honorably for years and whose careers have been ended by the COVID vaccine mandates.

It was appropriate for the Wisconsin State Legislature to pass legislation, which treated former military service members residing in the state with respect and allowed them to receive state benefits, despite the fact they were dishonorably discharged from the military for declining COVID vaccine.

UPDATE: 3/1/2022 - SB 707 reported correctly enrolled on 2/25/2022

UPDATE: 3/1/2022 - SB 707 reported correctly enrolled on 2/25/2022

UPDATE: 2/23/2022 - SB 707 passed Assembly third reading 60-36. 

UPDATE: 2/17/2022 - SB 707 was referred to the Assembly Committee on Rules

UPDATE:  2/16/2022 - AB 724 is scheduled for a hearing in the Assembly Labor and Integrated Employment Committee on Wednesday, Feb. 16th at 10:30 AM at 415 Northwest. Agenda - https://docs.legis.wisconsin.gov/raw/cid/1661536

UPDATE: 2/15/2022 - SB 707 passed the Senate.

UPDATE:  2/12/2022 - SB 707 placed on Senate 2/15/2022 Calendar

UPDATE: 2/11/2022 - SB 707 passed the Senate Committee on Labor and Regulatory Reform Ayes 3, Noes 2

UPDATE:  2/9/2022 - SB 707 is scheduled for an executive session of the Senate Committee on Labor and Regulatory Reform on Thursday, Feb. 10th at 10:00 AM at 10 South. Agenda: https://docs.legis.wisconsin.gov/raw/cid/1660065

UPDATE:  2/2/2022 - SB 707 is scheduled for a hearing in the Senate Committee on Labor and Regulatory Reform on Tuesday, Feb. 8th, at 10:00 AM at 300 Southeast. Agenda: https://docs.legis.wisconsin.gov/raw/cid/1658327

UPDATE:  2/1/2022 - CANCELLED: SB 707 hearing on 2/3/2022 in Senate Committee on Labor and Regulatory Reform.

AB 724 is sponsored by Representative VanderMeer.

SB 707 is scheduled for a hearing in the Senate Committee on Labor and Regulatory Reform on Thursday, Feb. 3rd at 10:00 AM in 411 South State Capitol. This bill is sponsored by Senator Nass

Notice of Public Hearing: https://docs.legis.wisconsin.gov/raw/cid/1657227

These bills expand the definition of "veteran" in Wisconsin statute to include individuals who did not receive honorable discharges from the military solely because they chose not to receive the COVID-19 vaccine.  Wisconsin law currently provides a preference hiring system for veterans under the state’s civil service system (Chapter 230). If a veteran is included on a certification list and meets the minimum qualifications, skills, and knowledge requirements for a state civil service job, and is equal to other applicants, the appointing authority must give a preference to the veteran for the position. Chapter 230 defines the criteria for who is considered a veteran for purposes of state employment relations and the veterans hiring preference system. One of the requirements for eligibility is that the veteran was honorably discharged from the U.S. armed forces. SB 707 expands the definition of a veteran to include a person who would otherwise qualify under existing law, but who was discharged under other than honorable conditions solely on the basis that the person chose not to receive the COVID-19 vaccine.

See Senator Nass testimony - https://docs.legis.wisconsin.gov/misc/lc/hearing_testimony_and_materials/2021/sb707/sb0707_2022_02_08.pdf 

https://docs.legis.wisconsin.gov/2021/proposals/reg/asm/bill/ab724 - text, status, and history of AB 724. 

https://docs.legis.wisconsin.gov/2021/proposals/reg/sen/bill/sb707 - text, status, and history of SB 707.