45.25(2)(a)
(a) The annual income of the individual and his or her spouse does not exceed the amount under
s. 45.396 (7) (a).
45.25(2)(b)
(b) The individual served on active duty, except service on active duty for training purposes, under honorable conditions in the U.S. armed forces for 2 continuous years or more or the full period of the individual's initial service obligation, whichever is less. An individual discharged for reasons of hardship or a service-connected disability or released due to a reduction in the U.S. armed forces prior to the completion of the required period of service is eligible, regardless of the actual time served.
45.25(2)(c)
(c) The individual applies for the tuition and fee reimbursement program for courses completed within 6 years after separation from the service.
45.25(2)(d)
(d) The individual is a resident at the time of application for the tuition and fee reimbursement program and was a Wisconsin resident at the time of entry or reentry into service or was a resident for any consecutive 5-year period after completing service on active duty and before the time of application. If a person applying for a benefit under this section meets that 5-consecutive-year residency requirement, the department may not require the person to reestablish that he or she meets the 5-consecutive-year residency requirement when he or she later applies for any other benefit under this chapter that requires a 5-consecutive-year residency.
45.25(3)(a)(a) An individual who meets the requirements under
sub. (2), upon satisfactory completion of an undergraduate semester in any institution or center within the university of Wisconsin system or a semester at any technical college district school under
ch. 38, may be reimbursed for up to 35% of the individual's tuition and fees, other than textbooks and other costs, charged by the institution, center or school, or the difference between the individual's tuition and fees and the grants or scholarships, including those made under
s. 21.49, that the individual receives specifically for the payment of the tuition or fees, whichever is less. Reimbursement is available only for tuition and fees that are part of a curriculum that is relevant to a degree in a particular course of study at the institution, center or school.
Effective date note
NOTE: Par. (a) is amended eff. 7-1-97 by
1995 Wis. Act 255 to read:
Effective date text
(a) An individual who meets the requirements under sub. (2), upon satisfactory completion of an undergraduate semester in any institution or center within the university of Wisconsin system or a semester at any technical college district school under ch. 38, may be reimbursed for up to 50% of the individual's tuition and fees, other than textbooks and other costs, charged by the institution, center or school, or the difference between the individual's tuition and fees and the grants or scholarships, including those made under s. 21.49, that the individual receives specifically for the payment of the tuition or fees, whichever is less. Reimbursement is available only for tuition and fees that are part of a curriculum that is relevant to a degree in a particular course of study at the institution, center or school.
45.25(3)(b)
(b) An application for reimbursement of tuition and fees under
par. (a) shall meet all of the following requirements:
45.25(3)(b)1.
1. Be completed and received by the department no later than 60 days after the completion of the semester. The department may accept an application received more than 60 days after the completion of the semester if the applicant shows good cause for the delayed receipt.
45.25(3)(b)2.
2. Contain the information necessary to establish eligibility as determined by the department.
45.25(3)(b)3.
3. Be on the application form established by the department.
45.25(3)(b)4.
4. Contain the signatures of both the applicant and a representative of the institution, center or school certifying that the applicant has satisfactorily completed the semester.
45.25(3)(c)
(c) Reimbursement provided under this section shall be paid from the appropriation under
s. 20.485 (2) (tf). If the amount of funds applied for exceeds the amount available under
s. 20.485 (2) (tf), the department may deny applications for reimbursement that would otherwise qualify under this section. In those cases, the department shall determine eligibility on the basis of the dates on which applications for reimbursement were received.
45.25(4)(a)(a) An individual is not eligible for reimbursement under
sub. (2) for more than 120 credits of part-time study or 8 full semesters of full-time study at any institution or center within the university of Wisconsin system or 60 credits of part-time study or 4 full semesters of full-time study at a technical college under
ch. 38.
45.25(4)(b)
(b) The department may not provide reimbursement under
sub. (2) to an individual who is delinquent in child support or maintenance payments or who owes past support, medical expenses or birth expenses, as established by the receipt by the department of a certification under
s. 49.855.
45.25(4)(c)
(c) An individual may not receive reimbursement under
sub. (2) for any semester in which he or she received a grant under
s. 45.396.
45.25(4)(d)
(d) The department may provide reimbursement under
sub. (2) from the appropriation account under
s. 20.485 (2) (tf) for the fiscal year in which the course was completed or in which the academic term during which the course was taken ended, whichever is earlier.
45.25 History
History: 1993 a. 254;
1995 a. 27,
255,
404.
45.30
45.30
Assignment of mentally ill, alcoholic and drug dependent persons. 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(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 of veterans affairs 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 of veterans affairs 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 of veterans affairs by rule.
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(2)
(2) Definition. In this chapter "board" means board 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 of veterans affairs and the department of veterans affairs on solutions and policy alternatives relating to the problems of veterans.
45.35(3d)(b)
(b) The council on veterans programs and the department of veterans affairs, 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 November 1, 1989, and by September 30 of every odd-numbered year thereafter. 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)
(4) Department staff. 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(5)(a)(a) "Veteran" as used in this chapter, except in
s. 45.37 and unless otherwise modified, means any person who has 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, except service on active duty for training purposes, and who meets the following conditions:
45.35(5)(a)1.
1. The person is a resident of and living in this state at the time of making application, or is deceased, and meets one of the following conditions:
45.35(5)(a)1.a.
a. Has served in Bosnia, Grenada, Lebanon, Panama, Somalia or a Middle East crisis under
s. 45.34.
45.35(5)(a)1.b.
b. Was entitled to receive the armed forces expeditionary medal, established by
executive order 10977 on December 4, 1961, the Vietnam service medal established by
executive order 11231 on July 8, 1965, the navy expeditionary medal or the marine corps expeditionary medal.
45.35(5)(a)1.c.
c. Has served for 90 days or more during a war period as enumerated under
par. (e) or under section 1 of
executive order 10957 dated August 10, 1961, or if having served less than 90 days was honorably discharged for a service-connected disability or for a disability subsequently adjudicated to have been service connected or died in service.
45.35(5)(a)2.
2. The person is a resident of and living in this state at the time of making application or is deceased, and meets one of the following conditions:
45.35(5)(a)2.a.
a. His or her selective service local board, if any, and home of record at time of entry or reentry into active service as shown on the veteran's report of separation from the U.S. armed forces for a qualifying period were in this state.
b. Was a resident of this state at the time of entry or reentry into active duty.
c. Has been a resident of this state for any consecutive 5-year period after completing service on active duty and before his or her application or death. If a person applying for a benefit under this subchapter meets that 5-consecutive-year residency requirement, the department may not require the person to reestablish that he or she meets the 5-consecutive-year residency requirement when he or she later applies for any other benefit under this chapter that requires a 5-consecutive-year residency.
45.35(5)(b)
(b) If the person had more than one qualifying term of service under
par. (a) 1., at least one term of service must have been under honorable conditions or have been terminated by an honorable discharge for the purpose of establishing eligibility under this section and
s. 45.37 (1a).
45.35(5)(c)
(c) Veterans who are otherwise eligible and who are serving on active duty in the U.S. armed forces need not be living in this state on date of application to qualify for benefits from the department.
45.35(5)(d)
(d) 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(5)(e)
(e) The following are designated as war periods:
45.35(5)(e)2.
2. Spanish American war: Between April 21, 1898, and April 11, 1899.
45.35(5)(e)3.
3. Philippine insurrection: Between April 12, 1899, and July 4, 1902 (extended to July 15, 1903, if actually engaged in Moro Province hostilities).
45.35(5)(e)4.
4. Boxer rebellion: Between June 16, 1900, and May 12, 1901.
45.35(5)(e)4a.
4a. Mexican border service: Between June 19, 1916, and April 5, 1917.
45.35(5)(e)5.
5. World War I: Between April 6, 1917, and November 11, 1918 (extended to April 1, 1920, if service was in Russia).
45.35(5)(e)6.
6. World War II: Between August 27, 1940, and July 25, 1947.
45.35(5)(e)6m.
6m. Korean conflict: Between June 27, 1950, and January 31, 1955.
45.35(5)(e)7.
7. Vietnam war: Between August 5, 1964, and July 1, 1975, excepting service on active duty for training purposes only.
45.35(5)(e)8.
8. Persian Gulf war: Between August 1, 1990 and the ending date of Operation Desert Shield or the ending date of Operation Desert Storm as established by the department of veterans affairs by rule.
45.35(5m)(a)(a) "Dependent" of a veteran as used in this section and
s. 45.351 includes only:
45.35(5m)(a)1.
1. A wife or husband, an unremarried widow or widower; or a divorced wife only when receiving benefits under a court order.
45.35(5m)(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. "Child" as used in this section 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 the same has been otherwise established.
45.35(5m)(a)3.
3. The natural mother or natural father 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 veteran's entrance into active service.
45.35(5m)(a)4.
4. A minor sister or minor brother or a brother or sister of any age if incapable of self-support by reason of mental or physical disability.
