45.03(5)(c)1.f.
f. The power to covenant and agree in any lease or sublease of any land or new buildings made under
subd. 1. c. to impose fees, rentals, or other charges for the use and occupancy or other operation of new buildings in an amount calculated to produce net revenues sufficient to pay the rentals due and to become due under the lease or sublease.
45.03(5)(c)1.g.
g. The power to apply all or any part of the revenues derived from the operation of any land or existing buildings to the payment of rentals due and to become due under any lease or sublease made under
subd. 1. c.
45.03(5)(c)1.h.
h. The power to pledge and assign all or any part of the revenues derived from the operation of any land or existing buildings to the payment of rentals due and to become due under any lease or sublease made under
subd. 1. c.
45.03(5)(c)1.i.
i. The power to covenant and agree in any lease or sublease made under
subd. 1. c. to impose fees, rentals, or other charges for the use and occupancy or other operation of any land or existing buildings in an amount calculated to produce net revenues sufficient to pay the rentals due and to become due under the lease or sublease.
45.03(5)(c)1.j.
j. The power and duty, upon receipt of notice of any assignment by any nonprofit corporation of any lease or sublease made under
subd. 1. c., or of any of its rights under any sublease, to recognize and give effect to the assignment, and to pay to the assignee rentals or other payments then due or that may become due under any lease or sublease that has been assigned by the nonprofit corporation.
45.03(5)(c)2.
2. The state shall be liable for accrued rentals and for any other default under any lease or sublease made under
subd. 1. c., and may be sued for the accrued rentals or other default on contract as in other contract actions under
ch. 775, except that the lessor under the lease or sublease or any assignee of the lessor or any person or other legal entity proceeding on behalf of the lessor is not required to file any claim with the legislature prior to the commencement of the action.
45.03(5)(c)3.
3. Nothing in this subsection empowers the board or the department to incur any state debt.
45.03(5)(c)4.
4. All powers and duties conferred upon the board or the department under this subsection shall be exercised and performed by resolution of the board. All conveyances, leases, and subleases made under this subsection, when authorized by resolution of the board, shall be made, executed, and delivered in the name of the department and shall be signed by the secretary and sealed with the seal of the department.
45.03(5)(c)5.
5. All laws, conflicting with any provisions of this subsection, are, insofar as they conflict with this section and no further, superseded by this subsection.
45.03(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 veterans. In particular, the department shall coordinate the activities of the technical college system board, state selective service administration, department of health 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.
45.03(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.
45.03(8)
(8) Minors' execution of documents; benefits exempt from execution. 45.03(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 the notes, mortgages, contracts, and conveyances are not subject to the defense of infancy.
45.03(8)(b)
(b) The benefits and aid provided under s.
45.20 (3) and
s. 45.40 are not assignable and are exempt from garnishment and execution.
45.03 Note
NOTE: There is no s. 45.20 (3).
45.03(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 those veterans who have filed claims for federal rehabilitation benefits and during the pendency of the claims. If the claims are allowed and federal reimbursement is made to the state, the money shall be paid into the veterans trust fund.
45.03(10)
(10) Training and employment of veterans. The department, in cooperation with the department of workforce development and state selective service administration and any other federal, state, or local agency, shall formulate and carry out plans for the training and employment of veterans.
45.03(11)
(11) Approval agency for veterans training. 45.03(11)(a)(a) Except as provided in
par. (b), the department shall be the state approval agency for the education and training of veterans and other eligible persons. The department shall approve and supervise schools and courses of instruction for the training of veterans and eligible persons under
38 USC 3670, and may enter into and receive money under contracts with the U.S. department of veterans affairs or other appropriate federal agencies.
45.03(11)(b)
(b) The governor may designate the following agencies for approval and supervision of special phases of the program of veterans education:
45.03(11)(b)1.
1. On-the-job and apprenticeship training program, the department of workforce development.
45.03(11)(b)2.
2. On-the-farm training program, the technical college system board.
45.03(11)(b)3.
3. Funeral directors apprentices, the funeral directors examining board.
45.03(12)(a)(a) The department may receive gifts and bequests in its name for the benefit of Wisconsin veterans and their dependents in accordance with policies adopted by the board. Moneys received shall be credited to the veterans trust fund.
45.03(12)(b)
(b) The department may receive moneys or other gifts and bequests in its name for the benefit of the Wisconsin Veterans Museum. Moneys received shall be credited to the veterans trust fund and used, as far as practicable, in accordance with the wishes of the donors and in accordance with the board's policies.
45.03(13)
(13) Additional duties. The department shall do all the following:
45.03(13)(a)
(a) Assist in the coordination of the state, county, municipal, and private activities relating to veterans housing.
45.03(13)(b)
(b) Cooperate with any federal departments, agencies, and independent establishments relating to veterans housing, benefits, priorities, and finances.
45.03(13)(c)
(c) Assist any housing authority, municipality, or private enterprise engaged in supplying veterans housing in the acquisition of materials, finances, legal aid, and compliance with federal regulations.
45.03(13)(d)
(d) Utilize the services and facilities of state agencies and county veterans service officers, including legal services furnished to the department by the department of justice.
45.03(13)(e)
(e) Provide county veterans service officers with the information provided to the department by the adjutant general under
s. 321.04 (1) (o) and may provide county veterans service officers with information on all necessary military points of contact and general deployment information for reserve units of the U.S. armed forces.
45.03(13)(f)
(f) Provide services related to post-traumatic stress disorder to service members and veterans, which shall include at least one of the following services:
45.03(13)(f)1.
1. Outreach services to service members and veterans who may be experiencing post-traumatic stress disorder.
45.03(13)(f)2.
2. Information on the availability of post-traumatic stress disorder medical services and referrals to those services.
45.03(13)(j)
(j) Provide grants to eligible persons who administer a program to identify, train, and place volunteers at the community level who will assist national guard members, members of the U.S. armed forces or forces incorporated in the U.S. armed forces, and their spouses and dependents, who return to this state after serving on active duty. The department shall make available to the volunteers, veterans, and their spouses and dependents, a packet of information about the benefits that they may be eligible to receive from the state or federal government. This paragraph does not apply after June 30, 2007.
45.03(13)(k)
(k) Provide $117,300 in 2005-06 and $117,300 in 2006-07 to a housing authority in a 1st class city in a county with a population of at least 500,000 to supplement the housing costs of chronically homeless veterans and their families if the housing authority does all of the following:
45.03(13)(k)1.
1. Provides evidence that the money will be used to provide multi-family housing for individuals and families that contain at least one veteran who has been chronically homeless.
45.03(13)(k)2.
2. Uses at least 50 percent of the money for supplementing temporary privately owned rental housing costs and the remainder for subsidizing public rental housing costs.
45.03(13)(k)3.
3. In coordination with the department, submits reports to the legislature under
s. 13.172 (2) and to the governor by August 15, 2006, and August 15, 2007, that contain the following information related to the money received in the previous fiscal year:
45.03(13)(k)3.c.
c. The amount of the supplement and time that the supplement was provided to each veteran's household.
45.03(13)(k)3.d.
d. The housing status of the assisted veteran's household at the time the supplement ended.
45.03(13)(k)3.e.
e. Any other information that the department considers necessary to evaluate the program.
45.03(14)
(14) Liberal construction intended. This chapter shall be construed as liberally as the language permits in favor of applicants.
45.03(15)
(15) Deferral of payments and interest on loans. When a veteran or a member of the veteran's family makes application for deferment of payment of monthly installments and waiver of interest charges on veterans loans made under this chapter, showing that the ability of the veteran to make payment is materially and adversely affected by reason of military service, the department may, with the approval of the board, defer payment of monthly installments and waive interest charges on veterans loans made under this chapter for the duration of any period of service in the armed forces of the United States during a national emergency or in time of war or under
P.L. 87-117 and 6 months from date of discharge or separation and the time for payment may be extended for the same period. However, when funds estimated to be received in the veterans mortgage loan repayment fund to pay debt service on public debt contracted under
s. 20.866 (2) (zn) and
(zo) are less than the funds estimated to be required for the payment of the debt service, the board may grant deferral of payments and interest on loans provided under
s. 45.37 only when so required by federal law.
45.03(16)
(16) Application requirements and penalties. 45.03(16)(a)(a) If the department finds that an applicant for benefits from the department has willfully made or caused to be made, or conspired, assisted in, agreed to, arranged for, or in any way procured the making of a false or fraudulent affidavit, declaration, certificate, statement, or other writing, it may suspend all benefits available to the applicant from the department under this chapter.
45.03(16)(b)
(b) Any person who, with the intent to secure any benefits under this chapter for personal benefit or for others, willfully makes or causes to be made, or conspires, assists in, agrees to, arranges for, or in any way procures the making or presentation of a false or fraudulent affidavit, declaration, certificate, statement, or other writing, may be fined not more than $500 or be imprisoned for not more than 6 months, or both. The fine or imprisonment may be imposed in addition to the penalty provided in
par. (a).
45.03(16)(c)1.1. As used in this paragraph, "fair consideration" means the exchange of property, assets, or obligations for a fair equivalent, in an amount not disproportionately small or large compared to the value of the property, assets, or obligations, as reflected in similar market transactions.
45.03(16)(c)2.
2. The department shall declare immediately due and payable any loan made after July 29, 1979, under a program administered by the department under
s. 45.40 or
subch. III, if it finds that the loan was granted to an ineligible person due to any of the following circumstances:
45.03(16)(c)2.a.
a. The applicant did not report income amounts as required on the loan application.
45.03(16)(c)2.b.
b. The applicant did not make the disclosures required under
subd. 3. a.,
b., or
c. on the loan application.
45.03(16)(c)2.c.
c. The applicant transferred assets or liabilities or incurred liabilities for less than fair consideration with the intent to qualify for and secure the loan.
45.03(16)(c)3.
3. Loan application forms processed by the department for programs administered under
s. 45.40 or
subch. III shall do all of the following:
45.03(16)(c)3.a.
a. Require disclosure of any asset with a value over $500 transferred by the applicant for less than fair consideration, within one year immediately prior to the loan application date. In determining the applicant's need for a loan, the department shall consider those transferred assets to be assets of the applicant.
45.03(16)(c)3.b.
b. Require disclosure of any liability of more than $500 incurred by the applicant for less than fair consideration, within one year immediately prior to the loan application date. In determining the applicant's need for a loan, the department shall not consider these liabilities to be liabilities of the applicant.
45.03(16)(c)3.c.
c. Require disclosure of all liabilities transferred by the applicant within one year immediately prior to the loan application date. The liabilities transferred for less than fair consideration shall be considered by the department to be liabilities of the applicant to the extent he or she is liable for their payment or for reimbursement of the transferee.
45.03(16)(c)3.d.
d. Contain notification of the penalties provided for in this subsection.
45.03(16)(c)4.
4. The department shall incorporate the payment acceleration requirements of
subd. 2. in all loan documents for programs administered by the department under
s. 45.40 or
subch. III.
45.03(17)
(17) 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.
45.356, 1995 stats., or s.
45.80, 1989 stats., in the veterans trust fund.
45.03(18)
(18) Collections. The department may enter into contracts to collect delinquent loan payments owed to the department. The department may allocate a portion of the amounts collected under the contracts to pay contract costs. Notwithstanding the provisions of
s. 45.04, the department may release information contained in its files pertaining to applications for benefits to contractors providing collection services to the department.
45.03(19)
(19) Loan guarantee. The department may provide a loan guarantee for multifamily transitional housing for homeless veterans.
45.03(20)
(20) Transfer of funds to the veterans trust fund. If the balance in the appropriation account under
s. 20.485 (1) (gk) is in excess of the amount needed for the care of the members of the Wisconsin veterans homes under
s. 45.50 and the payment of stipends under
s. 45.50 (9) during fiscal year 2007-08 or 2008-09, the department may request permission from the joint committee on finance to transfer the excess moneys to the veterans trust fund. If the cochairpersons of the committee do not notify the department within 14 working days after the date of receipt of the department's request that the committee has scheduled a meeting for the purpose of reviewing the transfer, the transfer may be made as proposed by the department. If, within 14 working days after the date of receipt of the department's request, the cochairpersons of the committee notify the department that the committee has scheduled a meeting for the purpose of reviewing the proposed transfer, the transfer may be made only upon approval of the committee. The total amount transferred under this subsection may not exceed $7,000,000.
45.03(21)
(21) Depleted uranium; assistance to veterans. The department shall do all of the following for veterans who may have been affected by exposure to depleted uranium while on active duty:
45.03(21)(a)
(a) Assist veterans who may have been exposed to depleted uranium to obtain the best practice health screening test from the federal department of veterans affairs to test for exposure to depleted uranium using a bioassay procedure involving methods sufficiently sensitive to detect depleted uranium at low levels.
45.03(21)(b)
(b) With the assistance of the department of military affairs, provide information to veterans upon their discharge from active duty regarding the health and safety issues concerning depleted uranium exposure, including the types and efficacy of tests to detect depleted uranium exposure, the treatments available for veterans affected by exposure to depleted uranium, and the federal and state benefits that are available for veterans exposed to depleted uranium.
45.03(21)(c)
(c) Provide information to departmental staff, interested veterans organizations, health care providers, and county veterans service officers regarding the effects of depleted uranium exposure, the detection programs that are available to determine if a veteran has been exposed to depleted uranium, the federal treatment programs that are available to veterans who may have been exposed to depleted uranium, and the federal and state benefits that are available to veterans who have been exposed to depleted uranium.
45.03(21)(d)
(d) Create information on the Internet about the health effects of depleted uranium exposure, the detection programs that are available to determine if a national guard member or veteran has been exposed to depleted uranium, the federal treatment programs that are available to those who may have been exposed to depleted uranium, and the federal and state benefits that are available to those national guard members or veterans who have been exposed to depleted uranium.
45.04
45.04
Release of information and records. 45.04(1)
(1)
Definitions. In this section:
45.04(1)(a)
(a) "Duly authorized representative" means any person authorized in writing by the veteran to act for the veteran, the veteran's guardian if the veteran is adjudicated incompetent, or a legal representative if the veteran is 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 of the veteran shall be recognized as the duly authorized representative.
45.04(1)(b)
(b) "Service office" means a county veterans service office.
45.04(2)
(2) Separation documents. Separation documents and copies of separation documents evidencing service in the armed forces of the U.S. are confidential and privileged. Examination of these records in the possession of the department or service office is limited to authorized employees of the department or service office and information entered in these records may 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.
45.04(3)
(3) U.S. department of veterans affairs records. Records and papers in the possession of the department or service office that are released to the department or service office by the U.S. department of veterans affairs or that contain information provided by the U.S. department of veterans affairs are confidential. Release of information from these records or papers may be made only under regulations of the U.S. department of veterans affairs.
45.04(4)
(4) Investigation. All reports of investigation made by employees 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 that 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.
45.04(5)
(5) 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.
45.04(6)
(6) Disclosure of monetary benefits. The department shall disclose, to any person who requests, the amount of any payment, grant, or loan made by the department to any applicant. A person seeking this information shall be required to sign a statement setting forth the person's name and address and the reason for making the request and certifying that the person will not use the information obtained for commercial or political purposes.
45.04(7)
(7) 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 on any loans on which balances are due and owing the department. The department may charge consumer reporting agencies an amount sufficient to cover all the costs of preparation and delivery of the information.
45.04(8)
(8) Disclosure of other information. Except as provided in
subs. (2) to
(6), all files, records, reports, papers, and documents pertaining to applications for benefits from the department, and information contained in them, may be released by the department or service office only under rules of the department. The rules shall provide for the furnishing of information required under
sub. (7) and for official purposes by any agency of the U.S. government, by any agency of this state, by any law enforcement, social services, or human services agency of any Wisconsin county, or by members of the state senate and assembly. The rules shall otherwise provide for release of personal information pertaining to or contained in any application for benefits, whether pending or adjudicated, only when authorized in writing by the applicants or when necessary to assist applicants in securing veterans benefits that the applicants may be entitled to or when necessary for the efficient management of loans made by the department.
45.04 History
History: 2005 a. 22.
45.045
45.045
Veteran registry. The department shall establish a voluntary statewide registry that will collect information from veterans and inform veterans on health issues, including post-traumatic stress disorder, Agent Orange, and Gulf War syndrome.
45.045 History
History: 2007 a. 20.
