45.30(1)(a)(a) Whenever it appears that any person, other than a prisoner, is eligible for treatment in a U.S. veterans facility and inpatient admission is necessary for the proper care and treatment of such person, the circuit court in the county in which the person is found may, upon request of such person and upon receipt of a certificate of eligibility from the U.S. department of veterans affairs, after adjudging the person mentally ill, an alcoholic or drug dependent in accordance with law, direct such person's assignment to the U.S. department of veterans affairs for hospitalization in a U.S. veterans facility. Upon admission to any such facility, the person shall be subject to the rules and regulations of the U.S. department of veterans affairs. The chief officer of such facility is vested with the same powers exercised by directors of state institutes within this state with reference to the retention, transfer or discharge of the person assigned.
45.30(1)(b)
(b) Any commitment of a veteran under this section shall be in accordance with
s. 51.20. The commitment of a person to a veterans facility within this state by a judge of or a court of record of another state under a similar provision of law has the same force as if such commitment were made by a court of this state. After a person has been legally committed to the department of health and family services or to a county department under
s. 51.42 in this state, the department of health and family services, upon request of such person and upon receipt of a certificate of eligibility from the U.S. department of veterans affairs evidencing the right of such person to be admitted to a veterans facility, may transfer such person to such facility and the cost of the person's transportation, together with that of any necessary attendant, shall be a proper charge against such person's care in such institution. After such transfer the powers granted by this section to the chief officer of such veterans facility shall be applicable. Any person transferred as provided in this subsection is deemed committed to the U.S. department of veterans affairs pursuant to the original commitment.
45.30(2)
(2) Whenever an application to determine mental illness, alcoholism or drug dependence is made as prescribed by
s. 51.20, the court shall make such inquiry as may be necessary and proper to ascertain whether the alleged mentally ill, alcoholic or drug dependent person is eligible for treatment in a U.S. department of veterans affairs facility.
45.34
45.34
Lebanon, Grenada, Middle East crisis, Panama, Bosnia and Somalia. 45.34(1)(1)
Service in Lebanon and Grenada. A person shall be considered to have served in Lebanon or Grenada if the person was on active duty in Lebanon or its territorial waters under honorable conditions between August 1, 1982, and the date of withdrawal of U.S. armed forces from Lebanon, as established by the department by rule, or in Grenada between October 23, 1983, and November 21, 1983, and:
45.34(1)(a)
(a) Was entitled to receive the armed forces expeditionary medal established by
executive order 10977 on December 4, 1961;
45.34(1)(b)
(b) Was entitled to receive the marine corps or navy expeditionary medal; or
45.34(1)(c)
(c) Was not entitled to receive a medal under
par. (a) or
(b) but submits other proof of service acceptable to the department.
45.34 Cross-reference
Cross Reference: See also s.
VA 1.14, Wis. adm. code.
45.34(2)
(2) Middle East crisis. A person shall be considered to have served in a Middle East crisis if, because of active duty in the U.S. armed forces or forces incorporated as a part of U.S. armed forces, any of the following apply:
45.34(2)(a)
(a) The person was awarded the humanitarian service medal for participating in the attempt to rescue American hostages in Iran.
45.34(2)(b)
(b) The person was awarded the valor ribbon bar by the U.S. state department for having been a hostage in Iran during the Iranian hostage crisis in 1980 and 1981.
45.34(2)(c)
(c) The person participated in the April 14, 1986, military action against Libya.
45.34(2)(d)
(d) The person served on the U.S.S. Stark on May 17, 1987.
45.34(2)(e)
(e) The person served in support of Operation Desert Shield or Operation Desert Storm under all of the following conditions:
45.34(2)(e)1.
1. Under an active duty order, a unit assignment order or an involuntary extension of an active duty order or in the Middle East or in territorial or international waters adjacent to the Middle East.
45.34(2)(e)3.
3. Between August 1, 1990, and the ending date of Operation Desert Shield or Operation Desert Storm, as established by the department by rule.
45.34(2)(f)
(f) The person served for 90 days or more in support of Operation Enduring Freedom or an operation that is a successor to Operation Enduring Freedom or served in the Operation Enduring Freedom theater of operation under all of the following conditions:
45.34(2)(f)1.
1. Under an active duty order, a unit assignment order, or an involuntary extension of an active duty order.
45.34(2)(f)3.
3. Between September 11, 2001, and the ending date of Operation Enduring Freedom or an operation that is a successor to Operation Enduring Freedom, as established by the department by rule.
45.34(3)
(3) Service in Panama. A person shall be considered to have served in Panama if the person was on active duty in the U.S. armed forces in Panama or its territorial waters under honorable conditions between December 20, 1989, and January 31, 1990.
45.34(4)
(4) Service in Somalia. A person shall be considered to have served in Somalia if the person was on active duty in the U.S. armed services in Somalia or in territorial waters adjacent to Somalia under honorable conditions between December 9, 1992, and the ending date of Operation Restore Hope, as established by the department by rule.
45.34(5)
(5) Service in Bosnia. A person shall be considered to have served in Bosnia if the person served for 90 days or more in support of Operation Balkan Endeavor or served for 90 days or more in Austria, Bosnia and Herzegovina, Czech Republic, Croatia, Hungary, Macedonia, Montenegro, Serbia including the autonomous provinces of Kosovo and Vojvodina, Slovakia or Slovenia, or in territorial waters adjacent to any of those countries, under all of the following conditions:
45.34(5)(a)
(a) Under an active duty order, an involuntary extension of an active duty order or a unit assignment order.
45.34(5)(c)
(c) Between December 1, 1995, and the ending date of Operation Balkan Endeavor or a successor operation, as established by the department by rule.
45.348
45.348
Dependent and child defined for ss. 45.35, 45.351, and 45.356. 45.348(1)(1) In this section and
ss. 45.35,
45.351, and
45.356 unless otherwise modified, "child" means any natural child, any legally adopted child, any stepchild or child if a member of the veteran's household, or any nonmarital child if the veteran acknowledges paternity or paternity has been otherwise established.
45.348(2)(a)1.
1. A spouse, an unremarried widow or widower, or a divorced spouse, but only if the divorced spouse is receiving benefits under a court order.
45.348(2)(a)2.
2. Any child of the veteran 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 incapable of self-support by reason of mental or physical disability.
45.348(2)(a)3.
3. The natural parent or a person to whom the veteran stands in the place of a parent and who has so stood for not less than 12 months prior to the veteran's entrance into active service.
45.348(2)(a)4.
4. A minor sibling or a sibling of any age if incapable of self-support by reason of mental or physical disability.
45.348(2)(b)
(b) For purposes of defining "dependent" under
par. (a), "veteran" includes a person who served on active duty under honorable conditions in the U.S. armed forces or in forces incorporated as part of the U.S. armed forces, who was a resident of this state at the time of entry or reentry into active duty and who died while on active duty if the person's death was not the result of the person's willful misconduct.
45.348 History
History: 2001 a. 103 ss.
91,
103,
104;
2001 a. 104.
45.35
45.35
Department of veterans affairs. 45.35(1)
(1)
Policy. It is the policy of the state to give health, educational and economic assistance to veterans and their dependents, who are residents of this state to the extent and under the conditions determined by the board within the limitations hereinafter set forth.
45.35(2g)
(2g) Definition. In this section, "department" means the department of veterans affairs.
45.35(3)
(3) Board functions. The board may promulgate rules necessary to carry out the purposes of this chapter and the powers and duties conferred upon them. The records and files of the department of military affairs and of any other state department or officer shall, upon request, be made available to the board.
45.35(3d)(a)(a) The council on veterans programs created under
s. 15.497 shall advise the board and the department on solutions and policy alternatives relating to the problems of veterans.
45.35(3d)(b)
(b) The council on veterans programs and the department, jointly or separately, shall submit a report regarding the council on veterans programs to the chief clerk of each house of the legislature for distribution to the legislature under
s. 13.172 (2) by September 30 of every odd-numbered year. The report shall include a general summary of the activities and membership over the past 2 years of the council and each organization on the council.
45.35(3m)(a)(a) The board may approve, recommend and veto any proposed plans, modifications and changes or policies with respect to established state memorials, including the Camp Randall Memorial Park, Madison, Wisconsin, as described in
par. (c), and any future veterans state memorials; and recommend the creation and establishment of veterans state memorials.
45.35(3m)(b)
(b) No structures other than memorials approved by the board and walks, roads and subterranean footings may be placed or erected upon Camp Randall Memorial Park unless authorized by the legislature; nor shall the park be used for any purpose other than a memorial park.
45.35(3m)(c)
(c) Camp Randall Memorial Park, Madison, Wisconsin, is established and described as follows: beginning on the west line of Randall Avenue 96.6 feet north of the center line of Dayton Street extended; thence west at right angles to Randall Avenue 370 feet; thence south parallel to Randall Avenue 722 feet; thence west at right angles to Randall Avenue 235 feet; thence south parallel to Randall Avenue 205 feet to the north line of Monroe Street; thence north 50 degrees 14 minutes east along the north line of Monroe Street approximately 780 feet to the west line of Randall Avenue; thence north along the west line of Randall Avenue 429 feet to the place of beginning.
45.35(4)(a)(a) The secretary shall appoint under the classified service such persons as are necessary to carry out the policy of the board and for the proper conduct of the Wisconsin Veterans Museum. All persons appointed by the department shall, if possible, be veterans as defined in
sub. (5) and preference shall be given to disabled veterans.
45.35(4)(b)
(b) The department shall employ regional coordinators. The duties of a regional coordinator shall include providing direct claims and benefit application assistance to veterans. The regional coordinators shall coordinate claims and benefit application assistance with the appropriate county veterans' service officers under
s. 45.43 to maximize the level of assistance and benefits provided to veterans.
45.35(4)(c)
(c) The department shall employ claims officers. The claims officers shall provide federal claims and benefit assistance to veterans and shall be based in the department's regional office in Milwaukee County.
45.35(4)(d)
(d) The department shall employ mobile claims officers in the department's southeast region and shall employ mobile claims officers in each of the department's other regions. The mobile claims officers shall provide claim and benefit assistance to veterans. The mobile claims officers shall coordinate that claim and benefit assistance with the appropriate county veterans' service officers under
s. 45.43 to maximize the level of assistance and benefits provided to veterans.
45.35(5)
(5) Spouses and dependents entitlement to benefits. The benefits available to veterans are also available to the unremarried surviving spouses and minor or dependent children of deceased veterans if the unremarried surviving spouses or minor or dependent children are residents of and living in this state at the time of making application.
45.35(6)
(6) Coordination duties. The department shall coordinate the activities of all state agencies and the University of Wisconsin Hospitals and Clinics Authority performing functions relating to the medical, hospital, or other remedial care; placement and training; and educational, economic, or vocational rehabilitation of persons who served in the armed forces of the United States at any time and who were honorably discharged, including such persons with disabilities whether or not service-connected or war-connected. In particular, the department shall coordinate the activities of the technical college system board, state selective service administration, department of health and family services, department of workforce development, department of public instruction, the University of Wisconsin System and other educational institutions, the University of Wisconsin Hospitals and Clinics Authority, and all other departments or agencies performing any of the functions specified, to the end that the benefits provided in this section may be made available to veterans as promptly and effectively as possible.
45.35(7)
(7) Contact duties. The department shall maintain contacts with county veterans' service officers and local agencies, the American Red Cross and veterans' organizations concerned with the welfare of veterans and shall contact and cooperate with federal agencies in securing for veterans all benefits to which they may be entitled.
45.35(7a)
(7a) Claims of veterans, assistance. The department upon request shall assist all persons residing in the state having claims against the United States for pensions, bounty or back pay, where such claims have arisen out of or by reason of service in the U.S. armed forces. To this end it shall cooperate with their agents or attorneys, advise as to the legality of claims, furnish all necessary certificates and certified abstracts from and copies of records and documents in its office, and in all practicable ways seek to secure speedy and just action upon all claims now pending or which may hereafter be filed. It shall also, in cases where it may be expedient, act as agent or attorney of record in prosecuting claims for such persons requesting it to do so. For any such services rendered no person in the employ of the department shall make any charge or demand or receive from the said claimants or any of them, directly or indirectly, any pay or compensation whatever. It shall provide for registration with the register of deeds of each county the names of all persons from such county who died in the services of the United States during the Spanish-American War, Philippine insurrection, Boxer rebellion, Mexican border service, World Wars I and II, the Korean conflict or Vietnam service.
45.35(8)
(8) Minors' execution of documents; benefits exempt from execution. 45.35(8)(a)(a) Any minor who is a veteran and any minor who is the spouse, surviving spouse or child of a veteran may execute notes, mortgages and other contracts and conveyances to the department and such notes, mortgages, contracts and conveyances shall not be subject to the defense of infancy.
45.35(8)(b)
(b) The benefits and aid provided under any of the following are not assignable and are exempt from garnishment and execution:
45.35(9)
(9) Vocational training. The department in cooperation with the department of workforce development shall make available to disabled veterans the benefits of vocational training and guidance, including veterans who have filed claims for federal rehabilitation benefits and during the pendency of such claims. In cases where such claims are allowed and federal reimbursement is made to the state, such money shall be paid into and become a part of the veterans trust fund.
45.35(9m)
(9m) Approval agency for veteran's training. 45.35(9m)(a)(a) Except as provided in
par. (b), the department shall be the state approval agency for the education and training of veterans and war orphans. The department shall approve and supervise schools and courses of instruction for the training of veterans and war orphans under Title 38, USC, and may enter into and receive money under contracts with the U.S. department of veterans affairs or other appropriate federal agencies.
45.35(9m)(b)
(b) The governor may designate the following agencies for approval and supervision of special phases of the program of veterans education:
45.35(9m)(b)1.
1. On the job and apprenticeship training program, the department of workforce development.
45.35(9m)(b)2.
2. On the farm training program, the technical college system board.
45.35(9m)(b)3.
3. Funeral directors apprentices, the funeral directors examining board.
45.35(10)
(10) Placement of veterans. The department in cooperation with the department of workforce development and state selective service administration or any other federal, state or local agency shall formulate and carry out plans for the training and placement of veterans.
45.35(12)(a)(a) All expenditures for execution of functions under this section shall be made from the veterans trust fund as provided in
s. 20.485.
45.35(12)(b)
(b) The secretary shall certify to the department of administration for payment all aid to veterans and their dependents authorized under the rules and regulations of the board and shall certify or approve and forward to it payrolls and other vouchers for other expenditures of the board authorized under such rules and regulations.
45.35(13)(a)(a) The department may receive money, lands, gifts and bequests in its name for the benefit of Wisconsin veterans and their dependents, or either, in accordance with policies adopted by the board. Such money shall be deposited in the state treasury and credited to the veterans trust fund and is appropriated therefrom by
s. 20.485 (2) (z) to the department to be used in accordance with such policies.
45.35(13)(b)
(b) The department may also receive moneys or other gifts and bequests in its name for the benefit of the Wisconsin Veterans Museum. All moneys received shall be deposited in the state treasury and credited to the veterans trust fund and appropriated from
s. 20.485 (2) (zm) to the department to be used, as far as practicable in accordance with the wishes of the donors, and in accordance with the policies adopted by the board.
45.35(14)
(14) Powers, duties, functions. The department shall, without limitation because of enumeration, also have the following powers, duties and functions:
45.35(14)(a)
(a) To assist in the coordination of the state, county, municipal and private activities relating to veterans' housing.
45.35(14)(b)
(b) To cooperate with any and all federal departments, agencies and independent establishments relating to veterans' housing, materials, priorities and finances.
45.35(14)(c)
(c) To assist any housing authority, municipality or other private enterprise engaged in supplying additional veterans' housing in the acquisition of materials, finances, legal aid and compliance with federal rules and regulations.
45.35(14)(d)
(d) To utilize the services and facilities of existing state departments and boards and county veterans' service officers. Charges for legal services furnished the department by the department of justice shall be paid from the appropriation in
s. 20.485 (2) (u).
45.35(14)(e)
(e) To employ such assistants as it deems necessary to carry out its functions.
45.35(14)(f)
(f) To receive money from federal agencies for the purpose of providing veterans' housing in localities throughout the state.
