45.35(17)(c)4.
4. As used in this paragraph, "fair consideration" means the exchange of property, assets or obligations for a fair equivalent thereof, in an amount not disproportionately small or large compared to the value of the property, assets or obligations, as reflected in similar market transactions.
45.35(18)
(18) Loan repayments. The department shall deposit all repayments of loans and payments of interest made on loans under s.
45.351 (2), 1995 stats., s.
45.352, 1971 stats., s.
45.356, 1995 stats., or s.
45.80, 1989 stats., in the veterans trust fund.
45.35 History
History: 1971 c. 125,
163,
198;
1973 c. 90,
208;
1975 c. 26,
39;
1975 c. 94 s.
91 (3), (5);
1975 c. 199;
1977 c. 26,
83;
1979 c. 34;
1979 c. 110 s.
60 (1);
1979 c. 221;
1981 c. 20,
93;
1981 c. 237 ss.
34 to
36,
38;
1983 a. 430,
447;
1985 a. 6,
29,
129;
1985 a. 332 s.
251 (6);
1985 a. 339;
1987 a. 27,
399;
1989 a. 31,
36,
56,
359;
1991 a. 2,
39,
165;
1993 a. 16,
254,
399;
1995 a. 27 ss.
1996 to
1999,
9126 (19),
9130 (4),
9145 (1);
1995 a. 255;
1997 a. 3,
27.
45.35 Annotation
Veterans' Rights: Wisconsin Laws and the Soldiers' and Sailors' Civil Relief Act. Stewart. Wis. Law. July 1991.
45.351
45.351
Economic assistance. 45.351(1)(1)
Subsistence grants. The department may grant subsistence aid to any veteran or to any dependent of a veteran in an amount that the department determines is advisable to prevent want or distress. The department may grant subsistence aid on a month-to-month basis or for a 3-month period. The department may grant subsistence aid for a 3-month period if the veteran or dependent whose incapacity is the basis for the aid 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. Subsistence aid is limited to a maximum of 3 months in a 12-month period unless the department determines that the need for subsistence aid in excess of this maximum time period is caused by the aid recipient's relapse. The department may submit a request to the joint committee on finance for supplemental funds from the veterans trust fund to be credited to the appropriation account under
s. 20.485 (2) (vm) for subsistence grants to veterans. If the cochairpersons of the committee do not notify the secretary of the department within 14 working days after the date of the department's submittal that the committee intends to schedule a meeting to review the request, the appropriation account shall be supplemented as provided in the request. If, within 14 working days after the date of the department's submittal, the cochairpersons of the committee notify the secretary of the department that the committee intends to schedule a meeting to review the request, the appropriation account shall be supplemented only as approved by the committee.
45.351(1j)
(1j) Health care aid grants. The department may grant to any veteran or dependents such temporary health care aid as the department considers advisable to prevent want or distress. Health care aid to meet medical or hospital bills under this subsection is limited to a payment of up to $5,000 per veteran or dependent for a 12-month period beginning with the first day of care for which the person seeks reimbursement under this subsection. The department may not give prior authorization for the payment of health care aid under this subsection but may issue a certificate of entitlement stating that a veteran or dependent is eligible for a health care aid grant under this subsection if the treatment is received within a time period that the department promulgates by rule. Health care aid may be used to provide payment for the treatment of alcoholism or other drug addiction or to provide payment for health care required because of alcoholism or other drug addiction or alcohol or other drug abuse. The department may not grant health care aid under this subsection unless the aid recipient's health care provider agrees to accept, as full payment for the medical treatment for which the aid is to be granted, the amount of the grant, the amount of the recipient's health insurance or other 3rd-party payments, if any, and the amount that the department determines the aid recipient is capable of paying. The department may not grant health care aid under this subsection if the combined liquid assets of the applicant for aid, and of the veteran and veteran's dependents who are living in the same household with the applicant, are in excess of $1,000.
45.351(3)
(3) Appropriations. The department may award grants under this section from the appropriation in
s. 20.485 (2) (vm). Nothing in this section empowers the department to incur any state debt.
45.351 History
History: 1971 c. 125 s.
552 (1);
1971 c. 198,
199;
1973 c. 208 s.
17;
1975 c. 39;
1975 c. 94 s.
91 (5), (7);
1975 c. 199,
224,
422;
1979 c. 34 ss.
817vw to
817x,
2102 (56) (a);
1979 c. 110 s.
60 (13);
1983 a. 27,
189;
1985 a. 29;
1987 a. 27,
399;
1989 a. 31;
1991 a. 39,
241,
269;
1993 a. 16;
1993 a. 213 ss.
42 to
44,
203;
1995 a. 27,
404;
1997 a. 27,
237,
252.
45.353
45.353
Grants to veterans organizations. 45.353(1)(a)
(a) "Regional office" means the U.S. department of veterans affairs regional office in Wisconsin.
45.353(1)(b)
(b) "State veterans organization" means a state organization or department of a national veterans organization, which national organization is incorporated by an act of congress.
45.353(2)
(2) Upon application the department shall make a payment to any state veterans organization that establishes that it, or its national organization, or both, has maintained a full-time service office at the regional office for at least 5 of the 10 years preceding the date of application. The payment shall equal 25% of all salaries and travel expenses under
sub. (3) paid during the previous fiscal year by the state veterans organization to employes engaged in veterans claims service and stationed at the regional office, except that the sum paid to a state veterans organization annually shall not be less than either $2,500, or the amount of salaries and travel expenses paid by the state veterans organization to employes stationed at the regional office, whichever is less, nor more than $20,000.
45.353(3)
(3) Application by any such state veterans organization shall be filed annually with the department for the 12-month period commencing on April 1 and ending on March 31 of the year in which it is filed. An application shall contain a statement of salaries and travel expenses paid to employes engaged in veterans claims service maintained at the regional office by such state veterans organization covering the period for which application for a grant is made, which statement has been certified as correct by an accountant certified under
ch. 442 and sworn to as correct by the adjutant or principal officer of the state veterans organization. The application shall also contain the state organization's financial statement for its last completed fiscal year and such evidence of claims service activity as the department requires. Sufficient evidence shall be submitted with an initial application to establish that the state veterans organization, or its national organization, or both, has maintained a full-time service office at the regional office without interruption throughout 5 years out of the 10-year period immediately preceding such application. Subsequent applications must be accompanied by an affidavit by the adjutant or principal officer of such state veterans organization stating that a full-time service office was maintained at the regional office by such state veterans organization, or by such state organization and its national organization, for the entire 12-month period for which application for a grant is made.
45.353(4)
(4) The board may promulgate such rules as are necessary to administer this section.
45.355
45.355
Biennial study of fiscal needs for veterans' housing. Biennially the joint committee on finance shall study and review the fiscal requirements for veterans' housing loans and the condition of the veterans trust fund and thereupon shall make report thereon to the chief clerk of each house of the legislature, for distribution to the legislature under
s. 13.172 (2), with a view to recommending proper appropriations to adequately provide for such loans. All appropriations made by the legislature for veterans' housing loans pursuant to recommendations so made by the joint committee on finance shall be from the veterans trust fund or the general fund or both, as the needs may require.
45.355 History
History: 1981 c. 20;
1987 a. 186.
45.356
45.356
Veterans personal loans. 45.356(1)
(1) It is determined that the loan program established under this section is a special purpose credit program for an economically disadvantaged class of persons for the purposes of the federal equal credit opportunity act,
15 USC 1691-1691f.
45.356(1m)(a)
(a) "Department" means the department of veterans affairs.
45.356(2)
(2) The department may lend a veteran, a veteran's unremarried spouse or a deceased veteran's child who meets the requirements of
s. 45.35 (5m) (a) 2. not more than $15,000 or a lesser amount established by the department by rule for the purchase of a mobile home, business or business property, the education of the veteran or his or her spouse or children, the payment of medical or funeral expenses, the payment under
sub. (6) (c) or the consolidation of debt. The department may prescribe loan conditions, but the term of the loan may not exceed 10 years. The department shall ensure that the proceeds of any loan made under this section shall first be applied to pay any delinquent child support or maintenance payments and to pay any past support, medical expenses or birth expenses.
45.356(3)
(3) The department may lend not more than $15,000 or a lesser amount established by the department by rule to a veteran's remarried surviving spouse or to the parent of a deceased veteran's child for the education of a child who meets the requirements of
s. 45.35 (5m) (a) 2.
45.356(3m)
(3m) To be eligible for a loan under this section, an applicant must be a resident of and living in this state on the date of the application.
45.356(4)
(4) The department may execute necessary instruments, collect interest and principal, compromise indebtedness, sue and be sued, post bonds and write off indebtedness that it considers uncollectible. If a loan under this section is secured by a real estate mortgage, the department may exercise the rights of owners and mortgagees generally and the rights and powers set forth in
s. 45.72. The department shall pay all interest and principal repaid on the loan into the veterans trust fund.
45.356(5)
(5) The department may charge loan expenses incurred under this section to a loan applicant. The department shall pay all expenses received under this subsection into the veterans trust fund.
45.356(6)
(6) The department may provide a loan under this section after the department receives a certification under
s. 49.855 (7) that the applicant is delinquent in child support or maintenance payments or owes past support, medical expenses or birth expenses only if the applicant does one of the following:
45.356(6)(a)
(a) Provides to the department a repayment agreement that the applicant has entered into, that has been accepted by the county child support agency under
s. 59.53 (5) and that has been kept current for the 6-month period immediately preceding the date of the application.
45.356(6)(b)
(b) Provides to the department a statement that the applicant is not delinquent in child support or maintenance payments and does not owe past support, medical expenses or birth expenses, signed by the clerk of circuit court within 7 working days before the date of the application.
45.356(6)(c)
(c) Agrees to use the loan proceeds to pay any delinquent child support or maintenance payments and to pay any past support, medical expenses or birth expenses if the applicant fails to meet the requirements under
par. (a) or
(b).
45.356(7)
(7) The department shall promulgate rules for the distribution of loans under this section that include all of the following:
45.356(7)(c)
(c) Other provisions that the department determines are necessary to ensure efficient administration of this section.
45.356(8)
(8) No person may receive a loan under this section in an amount that, when added to the balance outstanding on the person's existing loans under s.
45.351 (2), 1995 stats., and s.
45.356, 1995 stats., would result in a total indebtedness to the department of more than $15,000, or a lesser amount as established by the department by rule.
45.356(9)(a)(a) The department may borrow from the veterans mortgage loan repayment fund under
s. 45.79 (7) (a) and shall pledge loans made under this section as collateral for the borrowing.
45.356(9)(b)
(b) The department may enter into transactions with the state investment board to obtain money to make loans under this section.
45.357
45.357
Veterans assistance program. 45.357(1)
(1) The department of veterans affairs shall administer a program to provide assistance to persons who served in the U.S. armed forces or in forces incorporated as part of the U.S. armed forces and who were discharged under conditions other than dishonorable. The department shall provide assistance to persons whose need for services is based upon homelessness, incarceration or other circumstances designated by the department by rule. The department shall designate the assistance available under this section, which may include assistance in receiving medical care, dental care, education, employment and transitional housing. The department may provide grants to facilitate the provision of services under this section.
45.357(2)
(2) The department may charge fees for transitional housing and for such other assistance that is provided under this section as the department designates. The department shall promulgate rules establishing the fee schedule and the manner of implementation of that schedule.
45.358
45.358
Wisconsin veterans cemeteries. 45.358(1)(a)
(a) "Dependent child" means any natural or adoptive child under 18 years of age, or under the age of 26 if in full attendance at a recognized school of instruction, or of any age if the child is unmarried and incapable of self-support by reason of mental or physical disability.
45.358(1)(b)
(b) "Veteran" means a person who has served on active duty in the U.S. armed forces.
45.358(2)
(2) Construction and operation of cemeteries. Subject to authorization under
ss. 13.48 (10) and
20.924 (1), the department of veterans affairs may construct and operate veterans cemeteries in northwestern and southeastern Wisconsin and may employ such personnel as are necessary for the proper management of the cemeteries. The department may acquire, by gift, purchase or condemnation, lands necessary for the purposes of the cemeteries. Title to the properties shall be taken in the name of this state. Every deed of conveyance shall be immediately recorded in the office of the proper register of deeds and thereafter filed with the secretary of state. All cemeteries operated by the department are exempt from the requirements of
ss. 157.061 to
157.70 and
440.90 to
440.95.
45.358(3)
(3) Eligibility. The following persons are eligible for burial at a cemetery constructed and operated under
sub. (2) or
s. 45.37 (15):
45.358(3)(a)
(a) A veteran who died while on active duty or who was discharged or released from active duty in the U.S. armed forces under honorable conditions and who was a resident of this state at the time of his or her entry or reentry into active service and his or her dependent children and surviving spouse.
45.358(3)(b)
(b) A veteran who was discharged or released from active duty in the U.S. armed forces under honorable conditions and who was a resident of this state at the time of his or her death and his or her dependent children and surviving spouse.
45.358(3)(c)
(c) The spouse or dependent child of a veteran who is serving on active duty at the time of the spouse's or dependent child's death if the veteran was a resident of this state at the time of the veteran's entry or reentry into active service.
45.358(3)(d)
(d) The spouse or dependent child of a veteran if the veteran was a resident of this state at the time of his or her entry or reentry into active service and was discharged or released from active duty in the U.S. armed forces under honorable conditions.
45.358(3)(e)
(e) The spouse or dependent child of a veteran who was discharged or released from active duty in the U.S. armed forces under honorable conditions if the veteran and spouse or dependent child were residents of this state at the time of the spouse's or dependent child's death.
45.358(3)(f)
(f) A person who was a resident of this state at the time of his or her entry or reentry into service in the Wisconsin army national guard or air national guard or a reserve component of the U.S. armed forces or at the time of his or her death and who has 20 or more years of creditable military service for retirement pay as a member of the Wisconsin army national guard or air national guard or a reserve component of the U.S. armed forces or who would have been entitled to that retirement pay except that the person was under 60 years of age at the time of his or her death, and the person's spouse, surviving spouse and dependent children.
45.358(3)(g)
(g) A veteran who was discharged or released from active duty in the U.S. armed forces under honorable conditions and who was a resident of the state for at least 5 consecutive years after completing service on active duty.
45.358(3m)
(3m) Fees. The department may charge a fee for burials under this section and may promulgate rules for the assessment of the fee.
45.358(4)
(4) Gifts, grants and bequests. The department of veterans affairs may accept for the state all gifts, grants and bequests for the purposes of maintenance, restoration, preservation and rehabilitation of the veterans cemeteries constructed under
sub. (2).
45.36
45.36
Release of information and records by the department of veterans affairs and county veterans' service offices. 45.36(1)(1)
Definitions. In this section:
45.36(1)(a)
(a) "Department" means the department of veterans affairs.
45.36(1)(b)
(b) "Duly authorized representative" means any person authorized in writing by the veteran to act for the veteran, or a legally constituted representative if the veteran is incompetent or deceased. Where for proper reason no representative has been or will be appointed, the veteran's spouse, an adult child, or, if the veteran is unmarried, either parent shall be recognized as the duly authorized representative.
45.36(1)(c)
(c) "Service office" means a county veterans' service office.
45.36(2)
(2) Separation documents. Separation documents and copies thereof evidencing service in the armed forces of the U.S. are confidential and privileged. Examination of such records in the possession of the department or service office will be limited to authorized employes of the department or service office and information entered thereon will be disclosed only to veterans and their duly authorized representatives or to interested governmental agencies for the purpose of assisting veterans and their dependents to obtain the rights and benefits to which they may be entitled.
45.36(3)
(3) U.S. department of veterans affairs records. Records and papers in the possession of the department or service office which are released to the department or service office by or from the U.S. department of veterans affairs or which contain information provided by the U.S. department of veterans affairs are confidential. Release of information from such records or papers may be made only pursuant to regulations of the U.S. department of veterans affairs.
45.36(4)
(4) Investigation. All reports of investigation made by employes of the department or at the direction of the department for official departmental purposes are only for the use of the secretary and staff. Materials and information which disclose the investigative techniques of the department or the identity of confidential informants and material received in confidence by representatives of the department may not be released.
45.36(4m)
(4m) Vital records. The service office may obtain a copy of a vital record under
s. 69.30 (2) and may transmit the copy to the department or to the U.S. department of veterans affairs to assist a veteran or his or her dependent in obtaining a benefit to which he or she may be entitled.
45.36(5)
(5) Disclosure of monetary benefits. The department shall disclose, to any person who requests, the amount of any grant or loan made by the department to any applicant. A person seeking such information shall be required to sign a statement setting forth the person's name, address and the reason for making the request and certifying that the person will not use the information obtained for commercial or political purposes.
45.36(5m)
(5m) Disclosure of loan status information. The department may disclose to a consumer reporting agency, as defined in
15 USC 1681a (f), the current repayment status of, the balances due on, and other relevant information pertaining to department loans that is readily accessible from current department computer tapes on any loans on which balances are due and owing the department. The department may charge consumer reporting agencies requesting these computer tapes an amount sufficient to cover all the costs of preparation and delivery of the tapes.
45.36(6)
(6) Disclosure of other information. Except as provided in
subs. (2) to
(5), all files, records, reports, papers and documents pertaining to applications for benefits from the department, and information contained therein, shall only be released by the department or service office pursuant to rules of the department. The rules must provide for the furnishing of information required under
sub. (5m) and for official purposes by any agency of the U.S. government, any agency of this state, any law enforcement or public welfare agency of any Wisconsin county, or by members of the state senate and assembly, and will otherwise provide for release of personal information pertaining to or contained in any application for benefits, whether pending or adjudicated, only where authorized in writing by the applicants or where necessary to assist applicants in securing veterans benefits to which they may be entitled or where necessary for the efficient management of loans made by the department.
45.365
45.365
Wisconsin veterans home; management. 45.365(1)(a)(a) The department of veterans affairs, hereafter in this section and in
s. 45.37 referred to as the department, shall operate and conduct the Wisconsin veterans home at King, hereafter in this section and in
s. 45.37 referred to as the home, and employ a commandant and the officers, nurses, attendants and other personnel necessary for the proper conduct of the home. In compliance with the compensation plan established pursuant to
s. 230.12 (3), it may recommend to the director of personnel charges for meals, living quarters, laundry and other services furnished to employes and members of the employes' family maintained as such. Complete personal maintenance and medical care to include programs and facilities which promote comfort, recreation, well-being or rehabilitation, shall be furnished all members under the policy of the department.
45.365(1)(b)
(b) All money received in reimbursement for services to institutional employes under
par. (a) or in payment for meals served to guests at the institution shall be accumulated in an account named "employe maintenance credits" and shall be paid into the general fund within one week after receipt and credited to the appropriation under
s. 20.485 (1) (gk).
45.365(1)(d)
(d) The home shall include a geriatric evaluation, research and education program. The program staff shall be funded from the appropriations under
s. 20.485 (1) (hm),
(j) and
(mj).
45.365(2)
(2) The department may acquire, by gift, purchase or condemnation, lands necessary for the purposes of the home. Title thereto shall be taken in the name of this state and shall be held by and for the uses and purposes of said home so long as used for the present objects and purposes thereof. No payment shall be made out of the state treasury or otherwise for any such land until the title has been examined and approved by the attorney general. Every such deed of conveyance shall be immediately recorded in the office of the proper register of deeds and thereafter filed with the secretary of state.
45.365(2a)
(2a) The department may use moneys appropriated pursuant to
s. 20.485 (1) (h) to purchase, erect, construct or remodel buildings, and to provide additions and improvements thereto, and to provide equipment therefor and to provide materials, supplies and services necessary for the purposes of the home, and for such expenses as may be necessary and incidental to acquisition of property pursuant to
s. 45.37 (10) and
(11).
45.365(2b)
(2b) The department may accept gifts, bequests, grants or donations of money or of property from private sources to be administered by the department for the purposes of the home. All moneys so received shall be paid into the general fund and are appropriated therefrom as provided in
s. 20.485 (1) (h), except that gifts or grants received specifically for the purposes of the geriatric program at the home are appropriated as provided in
s. 20.485 (1) (hm). The department shall not apply to the gifts and bequests fund interest on certificate of savings deposits for those members who do not receive maximum monthly retained income. The department shall establish for such persons upon their request individual accounts with savings and interest applied pursuant to such member requests.
45.365(2m)(a)(a) The department may enter into agreements for furnishing and charging for water and sewer service from facilities constructed at and for the home to public and private properties lying in the immediate vicinity of the home.
45.365(2m)(b)
(b) Agreements under this section shall be drafted to hold harmless the department, to require all expense thereof to be paid by the applicant, and to be terminable by the department when other water and sewer services become available to the applicant.
45.365(3)
(3) The commandant and employes designated by the commandant may summarily arrest all persons within or upon the grounds of the home who are guilty of any offense against the laws of this state or the rules and regulations governing the home. For this purpose the commandant and deputies have the power of constables.
45.365(5)
(5) The fire department at the home in response to emergency fire calls may make runs and render fire fighting service beyond the confines of the home.
