AB210,40,10
10(3) "Board" means the board of veterans affairs.
AB210,40,13
11(4) "Child" means any biological child, any adopted child, any stepchild, or any
12other child who is a member of the veteran's household, or any nonmarital child if
13the veteran acknowledges paternity or paternity has been otherwise established.
AB210,40,14
14(5) "Department" means the department of veterans affairs.
AB210,40,15
15(6) "Dependent" includes any of the following:
AB210,40,1816
(a) A spouse, a surviving spouse, or a divorced spouse, but only if the divorced
17spouse is not remarried and is receiving child support or maintenance from the
18veteran under a court order.
AB210,40,2119
(b) Any child under 18 years of age, or under the age of 26 if in full attendance
20at a recognized school of instruction, or of any age if incapable of self-support by
21reason of mental or physical disability.
AB210,40,2422
(c) The biological or adoptive parent or a person who acts in the place of a parent
23and who has so acted for not less than 12 months prior to the veteran's entrance into
24active service.
AB210,41,2
1(d) A minor sibling or a sibling of any age if incapable of self-support by reason
2of mental or physical disability.
AB210,41,6
3(7) "In-kind contributions" includes donations of appliances, buildings,
4creations, equipment, fixtures, furniture, materials, real property, structures,
5supplies, and utilities, and work performed in the acquisition of land and
6construction of property.
AB210,41,10
7(8) "Memorial" means a building, structure, statue, or creation used to keep
8alive the remembrance of a veteran, veterans group, or an event related to a veteran
9and may include land upon which the building, structure, statue, or creation is
10located. "Memorial" does not include a museum.
AB210,41,14
11(9) "Permanently and totally disabled veteran" means a person who is
12receiving 100 percent disability compensation from the U.S. department of veterans
13affairs under
38 USC 301 to
315,
331 to
337, and
350 to
362, due to a permanent and
14total service-connected disability.
AB210,41,15
15(10) "Secretary" means the secretary of the department.
AB210,41,16
16(11) "Service in a crisis zone" means any of the following:
AB210,41,2117
(a)
Service in Lebanon and Grenada. A person shall be considered to have
18served in Lebanon or Grenada if the person was on active duty in Lebanon or its
19territorial waters under honorable conditions between August 1, 1982, and August
201, 1984, or in Grenada between October 23, 1983, and November 21, 1983, and meets
21one of the following conditions:
AB210,41,2322
1. Was entitled to receive the armed forces expeditionary medal established by
23executive order 10977 on December 4, 1961.
AB210,41,2424
2. Was entitled to receive the marine corps or navy expeditionary medal.
AB210,42,2
13. Was not entitled to receive a medal under par. (a) or (b) but submits other
2proof of service acceptable to the department.
AB210,42,53
(b)
Middle East crisis. A person shall be considered to have served in a Middle
4East crisis if, because of active duty in the U.S. armed forces or forces incorporated
5as a part of U.S. armed forces, any of the following apply:
AB210,42,76
1. The person was awarded the humanitarian service medal for participating
7in the attempt to rescue American hostages in Iran.
AB210,42,98
2. The person was awarded the valor ribbon bar by the U.S. state department
9for having been a hostage in Iran during the Iranian hostage crisis in 1980 and 1981.
AB210,42,1010
3. The person participated in the April 14, 1986, military action against Libya.
AB210,42,1111
4. The person served on the U.S.S. Stark on May 17, 1987.
AB210,42,1312
5. The person served in support of Operation Desert Shield or Operation Desert
13Storm under all of the following conditions:
AB210,42,1614
a. Under an active duty order, a unit assignment order or an involuntary
15extension of an active duty order or in the Middle East or in territorial or
16international waters adjacent to the Middle East.
AB210,42,1717
b. Under honorable conditions.
AB210,42,1918
c. Between August 1, 1990, and the ending date of Operation Desert Shield or
19Operation Desert Storm, as established by the department by rule.
AB210,42,2320
6. The person served for 90 days or more in support of Operation Enduring
21Freedom or an operation that is a successor to Operation Enduring Freedom or
22served in the Operation Enduring Freedom theater of operation under all of the
23following conditions:
AB210,42,2524
a. Under an active duty order, a unit assignment order, or an involuntary
25extension of an active duty order.
AB210,43,1
1b. Under honorable conditions.
AB210,43,42
c. Between September 11, 2001, and the ending date of Operation Enduring
3Freedom or an operation that is a successor to Operation Enduring Freedom, as
4established by the department by rule.
AB210,43,85
(c)
Service in Panama. A person shall be considered to have served in Panama
6if the person was on active duty in the U.S. armed forces in Panama or its territorial
7waters under honorable conditions between December 20, 1989, and January 31,
81990.
AB210,43,139
(d)
Service in Somalia. A person shall be considered to have served in Somalia
10if the person was on active duty in the U.S. armed services in Somalia or in territorial
11waters adjacent to Somalia under honorable conditions between December 9, 1992,
12and the ending date of Operation Restore Hope, as established by the department by
13rule.
AB210,43,1914
(e)
Service in Bosnia. A person shall be considered to have served in Bosnia if
15the person served for 90 days or more in support of Operation Balkan Endeavor or
16served for 90 days or more in Austria, Bosnia and Herzegovina, Czech Republic,
17Croatia, Hungary, Macedonia, Montenegro, Serbia including the autonomous
18provinces of Kosovo and Vojvodina, Slovakia, or Slovenia, or in territorial waters
19adjacent to any of those countries, under all of the following conditions:
AB210,43,2120
1. Under an active duty order, an involuntary extension of an active duty order,
21or a unit assignment order.
AB210,43,2222
2. Under honorable conditions.
AB210,43,2423
3. Between December 1, 1995, and the ending date of Operation Balkan
24Endeavor or a successor operation, as established by the department by rule.
AB210,43,25
25(12) "Veteran", except in s. 45.001, means any of the following:
AB210,44,4
1(a) A person who has served on active duty for at least one qualifying term of
2service under pars. (b) to (d) under honorable conditions in the U.S. armed forces or
3in forces incorporated as part of the U.S. armed forces during a war period or in a
4crisis zone.
AB210,44,85
(b) A person who has served on active duty in the U.S. armed forces or in forces
6incorporated as part of the U.S. armed forces under honorable conditions, for 2
7continuous years or more or for the full period of his or her initial service obligation,
8whichever is less.
AB210,44,129
(c) A person who has served on active duty for 90 days or more under honorable
10conditions in the U.S. armed forces or in forces incorporated as part of the U.S. armed
11forces during a war period or for any period of service under section 1 of executive
12order 10957 dated August 10, 1961.
AB210,44,1813
(d) A person whose term of service in the U.S. armed forces or in forces
14incorporated as part of the U.S. armed forces under honorable conditions entitled
15him or her to receive the Armed Forces Expeditionary Medal, established by
16executive order 10977 on December 4, 1961, the Vietnam Service Medal established
17by executive order 11231 on July 8, 1965, the Navy Expeditionary Medal, the Marine
18Corps Expeditionary Medal, or an equivalent expeditionary or service medal.
AB210,44,2219
(e) A person who was honorably discharged from the U.S. armed forces or from
20forces incorporated as part of the U.S. armed forces for a service-connected
21disability, for a disability subsequently adjudicated to have been service connected,
22or for reasons of hardship.
AB210,44,2523
(f) A person who was released under honorable conditions from the U.S. armed
24forces or from forces incorporated as part of the U.S. armed forces due to a reduction
25in the U.S. armed forces.
AB210,45,2
1(g) A person who died while in service in the U.S. armed forces or in forces
2incorporated as part of the U.S. armed forces.
AB210,45,43
(h) A person who, while serving in the U.S. armed forces or in forces
4incorporated as part of the U.S. armed forces, is missing in action.
AB210,45,55
(i) A person who died as the result of a service-connected disability.
AB210,45,86
(j) A person who died in the line of duty while on inactive or active duty for
7training purposes in the U.S. armed forces, in forces incorporated as part of the U.S.
8armed forces, or in the national guard.
AB210,45,11
9(12) "Veterans home" means the Wisconsin Veterans Home at Union Grove, the
10Wisconsin Veterans Home at King, and the Wisconsin Veterans Home at Chippewa
11Falls.
AB210,45,12
12(13) "War period" means any of the following:
AB210,45,1313
(a) Indian War: between 1860 and 1898.
AB210,45,1414
(b) Spanish-American War: between April 21, 1898, and April 11, 1899.
AB210,45,1615
(c) Philippine Insurrection: between April 12, 1899, and July 4, 1902 (extended
16to July 15, 1903, if actually engaged in Moro Province hostilities).
AB210,45,1717
(d) Boxer Rebellion: between June 16, 1900, and May 12, 1901.
AB210,45,1818
(e) Mexican border service: between June 19, 1916, and April 5, 1917.
AB210,45,2019
(f) World War I: between April 6, 1917, and November 11, 1918 (extended to
20April 1, 1920, if service was in Russia).
AB210,45,2121
(g) World War II: between August 27, 1940, and July 25, 1947.
AB210,45,2222
(h) Korean conflict: between June 27, 1950, and January 31, 1955.
AB210,45,2423
(i) Vietnam War: between August 5, 1964, and January 1, 1977, excepting
24service on active duty for training purposes only.
AB210,46,3
1(j) Persian Gulf War: between August 1, 1990, and the ending date of Operation
2Desert Shield or the ending date of Operation Desert Storm as established by the
3department by rule.
AB210,46,64
(k) Afghanistan War: between September 11, 2001, and the ending date of
5Operation Enduring Freedom or an operation that is a successor to Operation
6Enduring Freedom, as established by the department by rule.
AB210,46,97
(m) Iraq War: between March 19, 2003, and the ending date of Operation Iraqi
8Freedom or an operation that is a successor to Operation Iraqi Freedom, as
9established by the department by rule.
AB210,46,1510
(n) Any period after the period specified in par. (m) that the department
11determines and designates by rule, after reviewing the criteria used to establish the
12war periods under pars. (a) to (m) and after consultation with the U.S. department
13of defense, to be a period when the United States is in a conflict that places persons
14at such a risk that the period should be designated as a war period for purposes of
15this chapter.
AB210,46,20
1645.02 Eligibility for benefits. (1) Any person whose service on active duty
17with the U.S. armed forces or in forces incorporated as part of the U.S. armed forces
18makes that person eligible for general U.S. department of veterans affairs benefits
19shall be considered to have served under honorable conditions for purposes of this
20chapter.
AB210,46,25
21(2) Except as provided in sub. (3), to be eligible for benefits under this chapter
22an applicant shall be a resident of and living in this state at the time of making
23application or the veteran from whom the applicant derives eligibility is deceased,
24and the veteran from whom eligibility is derived meets one of the following
25conditions:
AB210,47,3
1(a) His or her selective service local board, if any, and home of record at the time
2of entry or reentry into active service as shown on the veteran's report of separation
3from the U.S. armed forces for a qualifying period were in this state.
AB210,47,54
(b) The veteran was a resident of this state at the time of entry or reentry into
5active duty.
AB210,47,86
(c) The veteran was a resident of this state for any consecutive 12-month period
7after entry or reentry into service and before the date of his or her application or
8death.
AB210,47,11
9(3) Veterans who are otherwise eligible and who are serving on active duty in
10the U.S. armed forces need not be living in this state on the date of application to
11qualify for benefits from the department.
AB210,47,16
12(4) If the department determines that a person applying for a benefit under this
13chapter meets the residency requirement under sub. (2) (c), the department may not
14require the person to reestablish that he or she meets that residency requirement
15when he or she later applies for any other benefit under this chapter that requires
16that residency.
AB210,47,20
1745.03 Department of veterans affairs. (1) Policy. It is the policy of the
18state to give health, educational, and economic assistance to veterans and their
19dependents who are residents of this state to the extent and under the conditions
20determined by the board within the limitations set forth in this section.
AB210,47,24
21(2) Board functions. The board may promulgate rules necessary to carry out
22the purposes of this chapter and the powers and duties conferred upon it. The records
23and files of the department of military affairs and of any other state department or
24officer shall, upon request, be made available to the board.
AB210,48,3
1(3) Council on veterans programs. (a) The council on veterans programs
2created under s. 15.497 shall advise the board and the department on solutions and
3policy alternatives relating to the problems of veterans.
AB210,48,94
(b) The council on veterans programs and the department, jointly or separately,
5shall submit a report regarding the council on veterans programs to the chief clerk
6of each house of the legislature for distribution to the legislature under s. 13.172 (2)
7by September 30 of every odd-numbered year. The report shall include a general
8summary of the activities and membership over the past 2 years of the council and
9each organization on the council.
AB210,48,14
10(4) Department staff. (a) The department shall employ staff necessary to
11carry out its functions. The secretary shall appoint under the classified service such
12persons as are necessary to carry out the policy of the board. All persons appointed
13by the department shall, if possible, be veterans and preference shall be given to
14disabled veterans.
AB210,48,1915
(b) The department upon request shall assist without charge all persons
16residing in the state having claims against the United States where the claims have
17arisen out of or by reason of service in the U.S. armed forces. The department may
18act as agent or power of attorney in pursuing claims for persons requesting the
19department to do so.
AB210,48,2420
(c) The department shall employ regional coordinators. The duties of a regional
21coordinator shall include providing direct claims and benefit application assistance
22to veterans. The regional coordinators shall coordinate claims and benefit
23application assistance with the appropriate county veterans service officers to
24maximize the level of assistance and benefits provided to veterans.
AB210,49,3
1(d) The department shall employ claims officers. The claims officers shall
2provide federal claims and benefit assistance to veterans and shall be based in the
3department's regional office in Milwaukee County.
AB210,49,84
(e) The department shall employ mobile claims officers in each of the
5department's regions. The mobile claims officers shall provide claims and benefit
6assistance to veterans. The mobile claims officers shall coordinate that claims and
7benefit assistance with the appropriate county veterans service officers to maximize
8the level of assistance and benefits provided to veterans.
AB210,49,10
9(5) Department powers to provide structures, facilities, and permanent
10improvements. (a) In this subsection, unless the context requires otherwise:
AB210,49,1811
1. "Existing building" in relation to any conveyance, lease, or sublease made
12under par. (c) 1. means all detention, treatment, administrative, recreational,
13infirmary, hospital, vocational, and academic buildings; all dormitories and cottages;
14all storage facilities, heating plants, sewage disposal plants, and other buildings,
15structures, facilities, and permanent improvements that in the judgment of the
16board are needed or useful for the purposes of the department, and all equipment for
17them and all improvements and additions to them that were erected, constructed, or
18installed prior to the making of the conveyance, lease, or sublease.
AB210,50,219
2. "New building" in relation to any conveyance, lease, or sublease made under
20par. (c) 1. means all detention, treatment, administrative, recreational, infirmary,
21hospital, vocational, and academic buildings; all dormitories and cottages; all
22storage facilities, heating plants, sewage disposal plants, and other buildings,
23structures, facilities, and permanent improvements as in the judgment of the board
24are needed or useful for the purposes of the department, and all equipment for them
1and all improvements and additions to them that are erected, constructed, or
2installed after the making of the conveyance, lease, or sublease.
AB210,50,43
3. "Nonprofit corporation" means a nonstock corporation that is organized
4under ch. 181 and that is a nonprofit corporation, as defined in s. 181.0103 (17).
AB210,50,75
(b) The department may acquire by gift, purchase, or condemnation property
6for the purposes of providing a headquarters and museum building for the
7department.
AB210,50,148
(c) 1. To provide new buildings and to enable the construction and financing of
9new buildings, to refinance indebtedness created by a nonprofit corporation for the
10purpose of providing a new building or buildings or additions or improvements to a
11new building that is located on land owned by, or owned by the state and held for, the
12department or on lands of the institutions under the jurisdiction of the department
13or by the nonprofit corporation, or for any one or more of these purposes, the
14department has the following powers and duties:
AB210,50,1915
a. Without limitation by reason of any other provisions of the statutes, unless
16otherwise required by law, the power to sell and to convey title in fee simple to a
17nonprofit corporation any land and any existing buildings owned by the state that
18are under the jurisdiction of the department for the consideration and upon the
19terms and conditions as in the judgment of the board are in the public interest.
AB210,50,2320
b. Unless otherwise required by law, the power to lease to a nonprofit
21corporation for a term or terms not exceeding 50 years each any land and any existing
22buildings owned by the state that are under the jurisdiction of the department upon
23the terms and conditions as in the judgment of the board are in the public interest.
AB210,51,424
c. The power to lease or sublease from the nonprofit corporation, and to make
25available for public use, any land, or any land and existing buildings conveyed or
1leased to such nonprofit corporation under subd. 1. a. and b., and any new buildings
2erected upon such land or upon any other land owned by the nonprofit corporation,
3upon the terms, conditions, and rentals, subject to available appropriations, as in the
4judgment of the board are in the public interest.
AB210,51,95
d. The duty to submit the plans and specifications for all new buildings to the
6building commission for approval whenever required by law and to submit plans and
7specifications for all new buildings and all conveyances, leases, and subleases made
8under this subsection to the department of administration and the governor for
9written approval before they are finally adopted, executed, and delivered.
AB210,51,1210
e. The power to pledge and assign all or any part of the revenues derived from
11the operation of any land or new buildings as security for the payment of rentals due
12and to become due under any lease or sublease of new buildings under subd. 1. c.