45.79 Mortgage loan program.
45.85 Disregard of agent orange litigation payment.
GENERAL PROVISIONS
45.01
45.01
Wisconsin veterans museum; space for. The department of administration shall provide suitable space for the purpose of a memorial hall, designated as the Wisconsin veterans museum, dedicated to the men and women of Wisconsin who served in the armed forces of the United States in the civil war of 1861 to 1865 or in any subsequent wars, as enumerated in
s. 45.35 (5) (e), or in Bosnia, Grenada, Lebanon, Panama, Somalia or a Middle East crisis under
s. 45.34, and the department of veterans affairs shall operate and conduct the Wisconsin veterans museum.
45.015
45.015
Eligibility for benefits. Any person whose service on active duty with the U.S. armed forces or in forces incorporated as part of the U.S. armed forces makes that person eligible for general U.S. department of veterans affairs benefits shall be considered to have served under honorable conditions for purposes of this chapter.
45.015 History
History: 1995 a. 255.
45.02
45.02
Memorial collection. The battle flags of Wisconsin units serving in the nation's wars, and all relics and mementos of such wars donated to or otherwise acquired by the state for display in the Wisconsin veterans museum shall constitute the memorial collection. The department of veterans affairs shall catalog and identify all war relics and mementos of the memorial collection, restore, preserve and safeguard such items, procure additions to such collection, provide proper display equipment, and to so display such collection as to make it instructive and attractive to visitors.
45.02 History
History: 1989 a. 31;
1991 a. 39.
45.03
45.03
Veterans memorials at The Highground. 45.03(1)(a)
(a) "Department" means the department of veterans affairs.
45.03(1)(b)
(b) "Persian Gulf war" means the period of conflict designated by the president of the United States as Operation Desert Shield and Operation Desert Storm and any operation that is a successor to Operation Desert Shield or Operation Desert Storm.
45.03(2)
(2) From the appropriation under
s. 20.485 (2) (d), the department shall provide funding to the Wisconsin Vietnam veterans memorial project, inc., for the construction of 3 memorials, as defined in
s. 45.04 (1) (c), one memorial for the veterans of World War I, one memorial for the veterans of World War II and one memorial for the veterans of the Persian Gulf war. The memorials shall be constructed at the veterans memorial site located at The Highground in Clark county. The department may expend up to $45,000 for the memorial for the veterans of World War I, up to $85,000 for the memorial for the veterans of World War II and up to $60,000 for the memorial for the veterans of the Persian Gulf war. If the moneys available under this section to construct one of these memorials are in excess of the moneys needed to construct that memorial, and if the moneys available under this section to construct another one of these memorials are insufficient to construct that memorial, the department, with the approval of the joint committee on finance, may allocate the excess moneys to construct the memorial that is insufficiently funded.
45.03(3)
(3) From the appropriation under
s. 20.485 (2) (sm), the department shall pay all debts that remain unpaid on February 15, 1992, for expenses incurred in operating the veterans memorial at The Highground in Clark county and shall contract for improvements related to the memorial. The improvements shall include the paving of the parking lot at the memorial.
45.03 History
History: 1991 a. 44,
269.
45.04
45.04
Veterans memorial grants. 45.04(1)
(1)
Definitions. In this section:
45.04(1)(a)
(a) "Department" means the department of veterans affairs.
45.04(1)(b)
(b) "In-kind contributions" includes but is not limited to donations of appliances, buildings, creations, equipment, fixtures, furniture, materials, real property, structures, supplies and utilities, and work performed in the acquisition of land and construction of a memorial.
45.04(1)(c)
(c) "Memorial" means a building, structure, statue or creation used to keep alive the remembrance of a veteran, veterans group or an event related to a veteran and may include land upon which the building, structure, statue or creation is located. "Memorial" does not include a museum.
45.04(1)(d)
(d) "Secretary" means the secretary of the department.
45.04(2)
(2) Grant program. From the appropriation under
s. 20.485 (2) (s), the secretary shall award to eligible applicants grants to support the acquisition of land and construction of not more than 2 memorials in this state to honor state veterans who served in the U.S. armed forces. One memorial may be constructed to honor state veterans who served during the Korean conflict, June 27, 1950, to January 31, 1955, and one to honor state veterans who served during the Vietnam war, August 5, 1964, to June 30, 1975.
45.04(3)
(3) Notice; application process. The secretary shall publicize the grant program under this section and the availability of grants. Eligible persons may apply for grants in accordance with the rules promulgated under
sub. (6). The secretary shall develop and make available grant application forms.
45.04(4)
(4) Council of commanders review. The department shall provide the council of commanders with a copy of each application for a grant. The council may review the applications and submit its recommendations to the department.
45.04(5)
(5) Grants. A grant may not exceed $300,000 per memorial. No person may receive a grant under this section unless the person is able to provide at least $1 for land acquisition and construction of the memorial for each $2 granted by the state. An initial payment of part of the grant, not to exceed $50,000, may be provided to an eligible person before the person obtains the required matching funds if the department is satisfied that the person is able to obtain those matching funds within a reasonable time. The eligible person's share of the cost of acquiring the land and constructing the memorial may be in the form of money or in-kind contributions of equivalent value, or both. If the funds granted by the state plus the matching funds obtained by the grantee exceed the cost of land acquisition and construction of the memorial, any excess state grant shall be returned by the grantee to the department. The department shall return any excess state grant to the transportation fund. No grant may be provided unless the person provides evidence of the ability to provide continuing care and maintenance of the memorial. No funds may be granted for administrative expenses of the grantee.
45.04(6)
(6) Rules. The department shall promulgate rules specifying all of the following:
45.04(6)(c)
(c) The council of commanders review process.
45.04(6)(d)
(d) The costs related to memorial land acquisition and construction that may be covered under a grant.
45.04(6)(e)
(e) The amount of matching funds required of eligible persons.
45.04(6)(f)
(f) The type of in-kind contributions that may be considered as part of the eligible person's matching funds.
45.04(6)(g)
(g) The grantee's responsibilities for the care and maintenance of the memorial after construction is completed.
45.04(6)(h)
(h) The type of evidence required to prove the person's ability to adequately care for and maintain the memorial.
45.04(6)(i)
(i) Any other information deemed necessary by the department.
45.05
45.05
County and municipal memorials. 45.05(1)
(1) Any city council, village, town or county board may by gift, purchase, contract or condemnation acquire property, real or personal, for the purpose of providing, furnishing, constructing, erecting, repairing, maintaining, or conducting a suitable memorial to the memory of former residents thereof who lost their lives in the military or naval service of the state or of the United States, or to commemorate and honor the deeds of persons, residents thereof, or of the state or United States, who served the nation in any war, or other persons who rendered great state or national service, or to the memory of any president of the United States, or for a combination of any of such purposes, which are hereby declared to be public purposes.
45.05(2)
(2) Such memorial shall be of such character as shall be determined by the governing body of such city, village, town or county, and without limitation because of enumeration, may comprise a public building, hospital, sanatorium, home for the aged or indigent, park, recreation facility, community forest or other suitable object having a public purpose.
45.05(3)
(3) Any city council, town, village or county board may appropriate money and may levy a tax in order to acquire, pay for, construct, erect, furnish, equip, operate, repair, maintain or reconstruct a suitable memorial for the purpose or purposes provided in this section.
45.05(4)
(4) Any city council or village, town or county board may authorize the use of any public property respectively of such city, village, town or county as a site for a memorial, and any county may authorize its public property to be so used by any city, village or town therein.
45.05(5)
(5) Any city council, village, town or county board may by ordinance or contract provide for the management, control or operation of any memorial, and it may enter into a written lease, for a term not exceeding 25 years, with any duly chartered and incorporated veterans' organization established in said town, city or village, such lease to include provisions for the amount of rental and such conditions of public use as it may determine.
45.05(6)
(6) Any county, city, village or town that has previously taken action toward the establishment of a monument or memorial under the statutes of 1943 or prior statutes may continue under such previously existing statutes or may proceed under this section.
45.052
45.052
Memorial corporations organized under 1919 act. 45.052(1)(1)
Additional powers of governing body. Any commission or board of trustees which governs a corporation organized to construct a memorial under
s. 45.057 (5), statutes of 1919 to 1943 (created by
chapter 598, laws of 1919, and repealed by
chapter 301, laws of 1945), shall have the following powers in addition to those it now has:
45.052(1)(a)
(a) All powers vested in the members of such corporation by the articles of incorporation or bylaws, including the power to amend the articles of incorporation.
45.052(1)(c)
(c) It may convey any property under its control to any municipality and lease it back under terms agreed upon by the commission or board and the municipality.
45.052(1)(d)
(d) It shall have a membership composed of 5 residents of the city, village or town in which the memorial is located, one appointed by the common council, village board or town board of the city, village or town, and 4 by the circuit judge of the county in which the memorial is located. The commission or board may appoint 4 additional members who are residents of this state. The terms of all members shall be 5 years. In order that terms of members may expire at different times, not more than 2 members shall be appointed in any one year in addition to appointments made to fill vacancies occurring by resignation or death. Members shall hold office until their successors are appointed and qualify.
45.052(1)(e)
(e) It may dissolve the corporation and dispose of the real and personal property of the corporation in a manner which it deems will best serve the purposes for which it was organized and the interests of the community.
45.052(2)
(2) Confirming existence and operation. Notwithstanding the repeal of
s. 45.057, 1943 stats., by
chapter 301, laws of 1945, the continuing existence of all commissions, boards and corporations organized under
s. 45.057 (5), statutes of 1919 to 1943, is affirmed, and the continuing operation of such commissions, boards and corporations is ratified as to the past and authorized in the future.
45.055
45.055
Joint memorials. Any city council or village, town or county board may contract with or make an appropriation, or both, to any other unit of government or to any nonprofit corporation without capital stock organized expressly for any of the purposes of
s. 45.05 or to any duly chartered and incorporated veterans' organization established in any such city, village, town or county, and for the purpose of raising funds for such memorial purposes or contributions, may levy taxes upon the taxable property located in the county or municipality, or borrow money and issue the bonds of the respective municipalities therefor in the manner and under the regulations provided by
ch. 67; provided that the facilities of such memorial are made available to the residents of the governmental unit making such appropriation to the extent that the governing body of the governmental unit may require.
45.055 History
History: 1985 a. 29.
45.058
45.058
Memorials in populous counties. 45.058(1)
(1) Any county having a population of 500,000 or more may establish and maintain a memorial or memorials under
ss. 45.05 and
45.055 by agreement between the county board of such county and any nonprofit private corporation without capital stock organized under the laws of this state (except as in this section provided) expressly for any of the purposes of
s. 45.05 located in such county.
45.058(2)
(2) The board of directors of such corporation shall be designated as the "memorial board", and its members shall be styled "trustees". The membership of the memorial board may include special members, who need not be members of the corporation.
45.058(3)
(3) The memorial board shall consist of 15 members; of whom 8 may be special members to be elected as provided in this section; and the remaining members shall be elected from the membership of the corporation.
45.058(4)
(4) Special members of the memorial board shall be elected by the county board of such county and consist of:
45.058(4)(b)
(b) Four members elected from among the residents of the county.
45.058(5)
(5) Terms of members of the memorial board shall be:
45.058(5)(a)1.
1. Members elected from the county board shall be elected at the first meeting of the county board following each county board general election and their terms shall commence on that date. They shall hold office during their terms on the county board and until their successors are elected and qualified.
45.058(5)(a)2.
2. Members elected from among the residents shall hold office for 4 years and until their successors are elected, except that the first 4 such members shall be chosen for 1, 2, 3 and 4 years, respectively.
45.058(5)(a)3.
3. Any vacancy in such special membership shall be filled by the county board for the unexpired term, and until a successor is elected and qualified.
45.058(5)(b)
(b) For elected members from the corporate membership: The terms of such trustees shall be for such numbers of years that those of an equal number, as nearly as may be, shall expire in 2, 3, and 4 years, and successive terms of 4 years each thereafter and until their successors are elected and qualified.
45.058(6)
(6) The articles of incorporation of the corporation shall provide originally or by amendment, in addition to other necessary provisions, and as permitted by this section, for the classification of the members of the corporation, for the election of trustees proportionately from and by such classifications, for the terms of the members of the corporation and for the officers, their duties, and the terms thereof to be elected from the membership.
45.058(7)
(7) Any such war memorial may be constructed upon any land ceded before July 15, 1953 by this state to any municipality in this state notwithstanding any restrictions, limitations or conditions as to the nature of the use of any such land contained in the legislative act, granting the land to any such municipality, and notwithstanding such restrictions, limitations or conditions incorporated in any subsequent conveyance of said lands by such municipality.
45.058(8)
(8) Any such war memorial may be constructed in any public park and the use of such park lands as a location for a war memorial shall not be deemed to be inconsistent with the use of the same for park purposes. However, no war memorial shall be constructed in a public park until the park commission, general manager appointed under
s. 27.03 (2) or park board having jurisdiction of such park shall approve the same. The county board of any county may authorize the construction of a war memorial at different intervals of time if the proposed memorial consists of more than one building or structure and any county board subsequently elected shall carry into effect any contract authorized by
s. 45.055 entered into on behalf of such county for the construction or maintenance of such a war memorial. The construction, maintenance and operation of a war memorial in a county park shall be subject to the jurisdiction of the county board and no part of the cost thereof shall be charged against the funds of the park commission, park system or park board of such county.
45.058 History
History: 1985 a. 29.
45.059
45.059
Catalog of memorials. The department of veterans affairs shall prepare a catalog of memorials, describing each memorial and giving its location and condition. The department shall update that catalog.
45.059 History
History: 1989 a. 336.
45.06
45.06
Rooms furnished by county or municipality. The action of any county board or municipality, or department thereof, in granting veterans organizations or any other civic, patriotic, educational or historical society, rooms and space within public buildings for the establishment of memorial halls and museums, and occupancy thereof by its members, is authorized and confirmed. Such county board or municipality may permit the use and occupancy of such rooms and space for such term and subject to conditions and provisions as may be imposed by them. Any contract, lien or agreement between said county board, municipality or department thereof and any such organization now in force shall continue in force according to the terms thereof.
45.066
45.066
Memorial trees along highways. No person shall cut or trim any tree planted along any federal or state trunk highway as a memorial to the men and women who served in the armed forces of the United States in time of war, without the written permission of the department of transportation. Violations of this section shall be punishable by a fine of not less than $10 nor more than $200 or by imprisonment for not more than 30 days or both. Nothing in this section shall interfere with the rights of abutting property owners in such trees.
45.066 History
History: 1977 c. 29 s.
1654 (8) (c).
45.10
45.10
County tax for needy veterans. Every county board shall annually levy, in addition to all other taxes, a tax sufficient to carry out the purposes of this section, such tax to be levied and collected as other county taxes for the purpose of providing aid to needy veterans, the needy spouses, surviving spouses, minor and dependent children of such veterans and the needy parents of such veterans entitled to aid under
ss. 45.10 to
45.15, and to carry out the purposes of
ss. 45.16 to
45.185. Aid may not be denied solely on the basis that a person otherwise eligible therefor owns a homestead which the person occupies as such.
45.10 History
History: 1975 c. 94 s.
91 (4), (6);
1975 c. 199.
45.11
45.11
Estimate of amount needed. 45.11(1)
(1) Except as provided under
sub. (2), the county veterans' service commission shall estimate the probable amount required under
s. 45.10 and shall file such estimate with the county board.
45.11(2)
(2) A county veterans' service officer appointed under
s. 45.43 (1) (b) shall have the powers and duties prescribed for the county veterans' service commission under
sub. (1).
45.11 History
History: 1985 a. 29.
45.12
45.12
County veterans' service commission. 45.12(1)
(1) There is created in each county a "County Veterans' Service Commission" consisting of 3 residents of the county who are veterans appointed for staggered 3-year terms by the county executive or county board chairperson in a county which does not have a county executive.
45.12(2)
(2) The commission shall be organized by the election of one of their number as chairperson. The county executive or county board chairperson in a county which does not have a county executive after the expiration of the terms of those first appointed shall annually on or before the 2nd Monday in December appoint one person as a member of the commission for the term of 3 years. The county executive or county board chairperson shall require each member of the commission and the county veterans' service officer to execute to the county an individual surety bond, with sufficient sureties to be approved by the county executive or county board chairperson, each bond to be in an amount equal to the tax levied in the current year for expenditure by the commission. Each bond shall be filed with the county clerk.
