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.
45.351(2)(d)
(d) The legislature finds that the loan programs established under this subsection are special purpose credit programs for an economically disadvantaged class of persons for the purposes of the federal equal credit opportunity act (
15 USC 1691-1691f).
45.351(2)(e)
(e) An applicant for a loan under this subsection shall apply through a county veterans' service office on forms approved by the department. The applicant, and, if the applicant is married and not separated or in the process of obtaining a divorce, the applicant's spouse, shall complete and sign the application.
45.351(2)(f)
(f) The department may execute necessary instruments, collect interest and principal, compromise indebtedness, sue and be sued, post bonds and write off indebtedness that it deems uncollectible. If a loan under this subsection is secured by a real estate mortgage, the department may exercise the rights of owners and mortgagees generally and the rights and powers set forth in
s. 45.72. Interest and repaid principal shall be paid into the veterans trust fund.
45.351(2)(g)
(g) The department shall satisfy the loan of any veteran who has obtained a loan under s.
45.35 (8b), 1963 stats., from July 11, 1945, to October 1, 1965, or under this subsection or who obtains a loan under this subsection in the future if the veteran died or dies after July 1, 1963, and before completing repayment of the loan and shall issue a satisfaction of any security instruments executed in connection with the loan and write off the balance of principal, interest and costs owing on the loan upon the date it received confirmation of the veteran's death. Obligation to repay the loan shall terminate on the date of the veteran's death and any payments made thereon to the department after that date shall be refunded to the payor or heirs, executor or administrator from the appropriation in
s. 20.485 (2) (vm) upon receipt by the department of an application for refund.
45.351(3)
(3) Appropriations. The department may award grants and loans under this section from the appropriation in
s. 20.485 (2). Nothing in this section empowers the department to incur any state debt.
45.351 History
History: 1971 c. 125 s.
552 (1);
1971 c. 198,
199;
1973 c. 208 s.
17;
1975 c. 39;
1975 c. 94 s.
91 (5), (7);
1975 c. 199,
224,
422;
1979 c. 34 ss.
817vw to
817x,
2102 (56) (a);
1979 c. 110 s.
60 (13);
1983 a. 27,
189;
1985 a. 29;
1987 a. 27,
399;
1989 a. 31;
1991 a. 39,
241,
269;
1993 a. 16;
1993 a. 213 ss.
42 to
44,
203;
1995 a. 27,
404.
45.353
45.353
Grants to veterans organizations. 45.353(1)(a)
(a) "Regional office" means the U.S. department of veterans affairs regional office in Wisconsin.
45.353(1)(b)
(b) "State veterans organization" means a state organization or department of a national veterans organization, which national organization is incorporated by an act of congress.
45.353(2)
(2) Upon application the department shall make a payment to any state veterans organization that establishes that it, or its national organization, or both, has maintained a full-time service office at the regional office for at least 5 of the 10 years preceding the date of application. The payment shall equal 25% of all salaries and travel expenses under
sub. (3) paid during the previous fiscal year by the state veterans organization to employes engaged in veterans claims service and stationed at the regional office, except that the sum paid to a state veterans organization annually shall not be less than either $2,500, or the amount of salaries and travel expenses paid by the state veterans organization to employes stationed at the regional office, whichever is less, nor more than $15,000.
45.353(3)
(3) Application by any such state veterans organization shall be filed annually with the department for the 12-month period commencing on April 1 and ending on March 31 of the year in which it is filed. An application shall contain a statement of salaries and travel expenses paid to employes engaged in veterans claims service maintained at the regional office by such state veterans organization covering the period for which application for a grant is made, which statement has been certified as correct by an accountant certified under
ch. 442 and sworn to as correct by the adjutant or principal officer of the state veterans organization. The application shall also contain the state organization's financial statement for its last completed fiscal year and such evidence of claims service activity as the department requires. Sufficient evidence shall be submitted with an initial application to establish that the state veterans organization, or its national organization, or both, has maintained a full-time service office at the regional office without interruption throughout 5 years out of the 10-year period immediately preceding such application. Subsequent applications must be accompanied by an affidavit by the adjutant or principal officer of such state veterans organization stating that a full-time service office was maintained at the regional office by such state veterans organization, or by such state organization and its national organization, for the entire 12-month period for which application for a grant is made.
45.353(4)
(4) The board may promulgate such rules as are necessary to administer this section.
45.355
45.355
Biennial study of fiscal needs for veterans' housing. Biennially the joint committee on finance shall study and review the fiscal requirements for veterans' housing loans and the condition of the veterans trust fund and thereupon shall make report thereon to the chief clerk of each house of the legislature, for distribution to the legislature under
s. 13.172 (2), with a view to recommending proper appropriations to adequately provide for such loans. All appropriations made by the legislature for veterans' housing loans pursuant to recommendations so made by the joint committee on finance shall be from the veterans trust fund or the general fund or both, as the needs may require.
45.355 History
History: 1981 c. 20;
1987 a. 186.
45.356
45.356
Veterans trust fund stabilization loans. 45.356(1)
(1) It is determined that the loan program established under this section is a special purpose credit program for an economically disadvantaged class of persons for the purposes of the federal equal credit opportunity act,
15 USC 1691-1691f.
45.356(1m)(a)
(a) "Department" means the department of veterans affairs.
45.356(2)
(2) The department may lend a veteran not more than $15,000 for the purchase of a mobile home, business or business property, the repair of or addition to his or her home or business property, the construction of a garage, the education of the veteran or his or her spouse or children, the payment of medical or funeral expenses or the consolidation of debt. The department may prescribe loan conditions, but the term of the loan may not exceed 10 years.
45.356(3)
(3) The department may lend not more than $15,000 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 of the veteran if the surviving spouse or parent is a resident of and living in this state on the date of application.
45.356(4)
(4) The department shall administer this program as a fiduciary for the purpose of maximizing the asset and income base of the veterans trust fund. The department may execute necessary instruments, collect interest and principal, compromise indebtedness, sue and be sued, post bonds and write off indebtedness that it considers uncollectible. If a loan under this subsection is secured by a real estate mortgage, the department may exercise the rights of owners and mortgagees generally and the rights and powers set forth in
s. 45.72. The department shall pay all interest and principal repaid on the loan into the veterans trust fund.
45.356(5)
(5) The department may charge loan expenses incurred under this section to a loan applicant. The department shall pay all expenses received under this subsection into the veterans trust fund.
45.356(6)
(6) No person may receive a loan under this section 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.
45.356(7)
(7) The department shall promulgate rules for the distribution of loans under this section that include all of the following:
45.356(7)(c)
(c) Other provisions that the department determines are necessary to ensure efficient administration of this section.
45.356 History
History: 1993 a. 16;
1995 a. 404.
45.357
45.357
Veterans rehabilitation program. The department of veterans affairs shall administer a rehabilitation program to provide assistance to persons who served in the U.S. armed forces or in forces incorporated as part of the U.S. armed forces and who were discharged under conditions other than dishonorable. The department shall provide assistance to persons whose need for services is based upon homelessness, incarceration or other circumstances designated by the department by rule. The department shall designate the assistance available under this section, which may include assistance in receiving medical care, dental care, education, employment and transitional housing. The department may provide grants to facilitate the provision of services under this section.
45.357 History
History: 1993 a. 16;
1995 a. 129.
45.358
45.358
Wisconsin veterans cemeteries. 45.358(1)(a)
(a) "Dependent child" means any natural or adoptive child 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 the child is unmarried and incapable of self-support by reason of mental or physical disability.
45.358(1)(b)
(b) "Veteran" means a person who has served on active duty in the U.S. armed forces.
45.358(2)
(2) Construction and operation of cemeteries. Subject to authorization under
ss. 13.48 (10) and
20.924 (1), the department of veterans affairs may construct and operate veterans cemeteries in northwestern and southeastern Wisconsin and may employ such personnel as are necessary for the proper management of the cemeteries. The department may acquire, by gift, purchase or condemnation, lands necessary for the purposes of the cemeteries. Title to the properties shall be taken in the name of this state. Every deed of conveyance shall be immediately recorded in the office of the proper register of deeds and thereafter filed with the secretary of state. All cemeteries operated by the department are exempt from the requirements of
ss. 157.061 to
157.70 and
440.90 to
440.95.
45.358(3)
(3) Eligibility. The following persons are eligible for burial at a cemetery constructed and operated under
sub. (2) or
s. 45.37 (15):
45.358(3)(a)
(a) A veteran who died while on active duty or who was discharged or released from active duty in the U.S. armed forces under honorable conditions and who was a resident of this state at the time of his or her entry or reentry into active service and his or her dependent children and unremarried surviving spouse.
45.358(3)(b)
(b) A veteran who was discharged or released from active duty in the U.S. armed forces under honorable conditions and who was a resident of this state at the time of his or her death and his or her dependent children and unremarried surviving spouse.
45.358(3)(c)
(c) The spouse or dependent child of a veteran who is serving on active duty at the time of the spouse's or dependent child's death if the veteran was a resident of this state at the time of the veteran's entry or reentry into active service.
45.358(3)(d)
(d) The spouse or dependent child of a veteran if the veteran was a resident of this state at the time of his or her entry or reentry into active service and was discharged or released from active duty in the U.S. armed forces under honorable conditions.
45.358(3)(e)
(e) The spouse or dependent child of a veteran who was discharged or released from active duty in the U.S. armed forces under honorable conditions if the veteran and spouse or dependent child were residents of this state at the time of the spouse's or dependent child's death.
45.358(3)(f)
(f) A person who was a resident of this state at the time of his or her death and who has 20 or more years of creditable military service for retirement pay as a member of the Wisconsin army national guard or air national guard or a reserve component of the U.S. armed forces or who would have been entitled to that retirement pay except that the person was under 60 years of age at the time of his or her death, and the person's spouse, unremarried surviving spouse and dependent children who are residents of this state at the time of the spouse's, unremarried surviving spouse's or dependent children's death.
45.358(3)(g)
(g) A veteran who was discharged or released from active duty in the U.S. armed forces under honorable conditions and who was a resident of the state for at least 5 consecutive years after completing service on active duty.
45.358(3m)
(3m) Fees. The department may charge a fee for burials under this section and may promulgate rules for the assessment of the fee.
45.358(4)
(4) Gifts, grants and bequests. The department of veterans affairs may accept for the state all gifts, grants and bequests for the purposes of maintenance, restoration, preservation and rehabilitation of the veterans cemeteries constructed under
sub. (2).
45.358 History
History: 1993 a. 296;
1995 a. 27,
255.
45.36
45.36
Release of information and records by the department of veterans affairs and county veterans' service offices. 45.36(1)(1)
Definitions. In this section:
45.36(1)(a)
(a) "Department" means the department of veterans affairs.
45.36(1)(b)
(b) "Duly authorized representative" means any person authorized in writing by the veteran to act for the veteran, or a legally constituted representative if the veteran is incompetent or 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 shall be recognized as the duly authorized representative.
45.36(1)(c)
(c) "Service office" means a county veterans' service office.
45.36(2)
(2) Separation documents. Separation documents and copies thereof evidencing service in the armed forces of the U.S. are confidential and privileged. Examination of such records in the possession of the department or service office will be limited to authorized employes of the department or service office and information entered thereon will 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.
45.36(3)
(3) U.S. department of veterans affairs records. Records and papers in the possession of the department or service office which are released to the department or service office by or from the U.S. department of veterans affairs or which contain information provided by the U.S. department of veterans affairs are confidential. Release of information from such records or papers may be made only pursuant to regulations of the U.S. department of veterans affairs.
45.36(4)
(4) Investigation. All reports of investigation made by employes 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 which 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.
45.36(4m)
(4m) 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 to which he or she may be entitled.
45.36(5)
(5) Disclosure of monetary benefits. The department shall disclose, to any person who requests, the amount of any grant or loan made by the department to any applicant. A person seeking such information shall be required to sign a statement setting forth the person's name, address and the reason for making the request and certifying that the person will not use the information obtained for commercial or political purposes.
45.36(5m)
(5m) 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 from current department computer tapes on any loans on which balances are due and owing the department. The department may charge consumer reporting agencies requesting these computer tapes an amount sufficient to cover all the costs of preparation and delivery of the tapes.
45.36(6)
(6) Disclosure of other information. Except as provided in
subs. (2) to
(5), all files, records, reports, papers and documents pertaining to applications for benefits from the department, and information contained therein, shall only be released by the department or service office pursuant to rules of the department. The rules must provide for the furnishing of information required under
sub. (5m) and for official purposes by any agency of the U.S. government, any agency of this state, any law enforcement or public welfare agency of any Wisconsin county, or by members of the state senate and assembly, and will otherwise provide for release of personal information pertaining to or contained in any application for benefits, whether pending or adjudicated, only where authorized in writing by the applicants or where necessary to assist applicants in securing veterans benefits to which they may be entitled or where necessary for the efficient management of loans made by the department.
