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.
45.35(5m)(b)
(b) For purposes of defining "dependent" under this subsection, "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 that death was not the result of the veteran's wilful misconduct.
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, 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 it shall coordinate the activities of the technical college system board, state selective service administration, department of health and family services, department of industry, labor and job development, department of education, 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 Note
NOTE: Sub. (6) is shown as amended by
1995 Wis. Act 27. The treatment by Act 27 s. 9145 (1) was held unconstitutional and declared void by the Supreme Court in Thompson v. Craney, case no.
95-2168-OA. Sub. (6), as not affected by Act 27 s. 9145 (1), reads as follows:
Effective date text
(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, 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 it shall coordinate the activities of the technical college system board, state selective service administration, department of health and family services, department of industry, labor and job 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 industry, labor and job 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(10)
(10) Placement of veterans. The department in cooperation with the department of industry, labor and job 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 so received shall be deposited in the state treasury and credited to the veterans trust fund and is appropriated therefrom by
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.
45.35(14)(g)
(g) To perform such other duties as specifically set forth in other sections of the statutes.
45.35(15)
(15) Liberal construction intended. This section,
ss. 45.351 and
45.37 and
subch. II shall be construed as liberally as the language permits in favor of applicants.
45.35(16)
(16) 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 instalments and waiver of interest charges on veterans' loans made under this chapter, showing that the ability of such 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 instalments 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 a like 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. 45.79 only when so required by federal law.
45.35(17)
(17) Application requirements and penalties. 45.35(17)(a)(a) In any case where the department finds that an applicant for benefits from the department has wilfully made or caused to be made, or conspired, combined, aided or assisted in, agreed to, arranged for, or in any wise procured the making of a false or fraudulent affidavit, declaration, certificate, statement or other writing, it may suspend all benefits available to such applicant from the department under this chapter.
