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.
45.35(17)(b)
(b) Any person who, with the intent to secure any benefits under this chapter, for personal benefit or for others, wilfully makes or causes to be made, or conspires, combines, aids, or assists in, agrees to, arranges for, or in any wise 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. Such fine or imprisonment may be imposed in addition to the penalty provided in
par. (a).
45.35(17)(c)1.1. The department shall declare immediately due and payable any loan made after July 29, 1979 under a program administered by the department under
s. 45.351 or
subch. II, if it finds that the loan was granted to an ineligible person due to any of the following circumstances:
45.35(17)(c)1.a.
a. The applicant did not report income amounts as required on the loan application;
45.35(17)(c)1.b.
b. The applicant did not make the disclosures required under
subd. 2. a.,
b. or
c. on the loan application; or
45.35(17)(c)1.c.
c. The applicant transferred assets or liabilities or incurred liabilities for less than fair consideration with the intent to thereby qualify for and secure the loan.
45.35(17)(c)2.
2. Loan application forms processed by the department for programs administered under
s. 45.351 or
subch. II shall:
45.35(17)(c)2.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 such assets to be assets of the applicant.
45.35(17)(c)2.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 such liabilities to be liabilities of the applicant.
45.35(17)(c)2.c.
c. Require disclosure of all liabilities transferred by the applicant within one year immediately prior to the loan application date. Such 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.
45.35(17)(c)2.d.
d. Contain notification of the penalties provided for in this paragraph.
45.35(17)(c)3.
3. The department shall incorporate the payment acceleration requirements of
subd. 1. in all loan documents for programs administered by the department under
s. 45.351 or
subch. II.
45.35(17)(c)4.
4. As used in this paragraph, "fair consideration" means the exchange of property, assets or obligations for a fair equivalent thereof, in an amount not disproportionately small or large compared to the value of the property, assets or obligations, as reflected in similar market transactions.
45.35 History
History: 1971 c. 125,
163,
198;
1973 c. 90,
208;
1975 c. 26,
39;
1975 c. 94 s.
91 (3), (5);
1975 c. 199;
1977 c. 26,
83;
1979 c. 34;
1979 c. 110 s.
60 (1);
1979 c. 221;
1981 c. 20,
93;
1981 c. 237 ss.
34 to
36,
38;
1983 a. 430,
447;
1985 a. 6,
29,
129;
1985 a. 332 s.
251 (6);
1985 a. 339;
1987 a. 27,
399;
1989 a. 31,
36,
56,
359;
1991 a. 2,
39,
165;
1993 a. 16,
254,
399;
1995 a. 27 ss.
1996 to
1999,
9126 (19),
9130 (4),
9145 (1);
1995 a. 255.
45.35 Annotation
Veterans' Rights: Wisconsin Laws and the Soldiers' and Sailors' Civil Relief Act. Stewart. Wis. Law. July 1991.
45.351
45.351
Economic assistance. 45.351(1)(1)
Subsistence grants. The department may grant subsistence aid to any veteran or to any dependent of a veteran in an amount that the department determines is advisable to prevent want or distress. The department may grant subsistence aid on a month-to-month basis or for a 3-month period. The department may grant subsistence aid for a 3-month period if the veteran or dependent whose incapacity is the basis for the aid will be incapacitated for more than 3 months and if earned or unearned income or aid from sources other than those listed in the application will not be available in the 3-month period. Subsistence aid is limited to a maximum of 3 months in a 12-month period unless the department determines that the need for subsistence aid in excess of this maximum time period is caused by the aid recipient's relapse.
45.351(1g)(a)(a) The department may grant to any veteran or dependents such temporary health care aid as the department deems advisable to prevent want or distress. Health care aid to meet medical or hospital bills under this paragraph is limited to a payment of up to $5,000 per veteran or dependent for a maximum of 30 days within a 12-month period for the same condition or conditions. Health care aid may be used to provide payment for the treatment of alcoholism or other drug addiction or to provide payment for health care required because of alcoholism or other drug addiction or alcohol or other drug abuse. The department may not grant health care aid under this paragraph unless the aid recipient's health care provider agrees to accept, as full payment for the medical treatment for which the aid is to be granted, the amount of the grant, the amount of the recipient's health insurance or other 3rd-party payments, if any, and the amount which the department determines the aid recipient is capable of paying.
45.351(1g)(b)
(b) This subsection does not apply after June 30, 1997.
45.351(2)(a)1.1. The department may lend any veteran not more than $4,500 on loans approved before July 29, 1995, and $5,000 on loans approved on and after July 29, 1995. The loan is to be used for the purchase of a business or business property or the repairing of or adding to his or her home or business property, the construction of a garage, the education of the veteran or his or her children or to provide essential economic assistance if the department determines, after disregarding any payment described under
s. 45.85, that the veteran satisfies the need requirements established by the department by rule. The need requirements may include, but are not limited to, consideration of the veteran's resources and credit available upon manageable terms. The department may prescribe loan conditions, but the interest rate shall be 6% per year for loan applications received by the department on or after July 20, 1985, and the term shall not exceed 10 years. The department may lend not more than the loan amount available to a veteran under this subdivision to a veteran's surviving spouse, whether remarried or not, or to the parent of a deceased veteran's children for the education of the minor or dependent children if the surviving spouse or parent is a resident of and living in this state on the date of application.
45.351(2)(a)3.
3. The department may charge loan expenses incurred under this subsection to a loan applicant.
45.351(2)(a)4.
4. Nothing in this paragraph prohibits a veteran from receiving a loan under
subd. 1. for any purpose specified in that subdivision.
45.351(2)(b)1.1. In this paragraph, "income" means the amount of gross income a veteran and spouse are receiving for their regular work together with any income from other sources that may reasonably be expected to continue for the term of the loan.
45.351(2)(b)2.
2. No person may receive a loan under this subsection if the department determines, after disregarding any payment described under
s. 45.85, that the person's annual income exceeds $500 for each dependent in excess of 2 dependents plus whichever of the following applies:
45.351(2)(b)2.b.
b. For loans approved during the period beginning on August 12, 1993, and ending on June 30, 1994, $34,600.
45.351(2)(b)3.
3. In determining eligibility for loans under this subsection, the department shall verify all reported income amounts by contacting the employer designated by the person, securing a copy of the person's prior year's income tax return or obtaining a profit and loss statement from the person for at least 6 of the 12 months immediately preceding the loan application date.
45.351(2)(c)
(c) No person may receive a loan under this subsection if the department receives a certification under
s. 49.855 (7) that the person is delinquent in child support or maintenance payments or owes past support, medical expenses or birth expenses.
