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.
45.13
45.13
Records of meetings and investigations kept by service officer. The county veterans' service officer shall serve as executive secretary of the county veterans' service commission and shall make or direct all necessary investigations to determine eligibility for aid under
s. 45.10 when so requested by the commission. The county service officer, in making such investigation, may use the facilities for investigating that are made available by the county board of the county.
45.13 History
History: 1989 a. 56.
45.14
45.14
Administration of aid. 45.14(1)
(1) Such commission shall meet at the courthouse or at such other place as the county board shall designate on or before the first Monday of January in each year and at such other times as may be necessary.
45.14(2)
(2) Except as provided under
sub. (3), the commission may furnish aid to any person within
s. 45.10 if the right of such person to aid shall be established to its satisfaction. The secretary of the commission shall make and deposit with the county clerk a list containing the name, place of residence and the amount to be paid each such person, which shall be signed by the chairperson and secretary. The total disbursements made by the commission shall not exceed the amount collected from the tax levied. When such lists are filed the county clerk shall issue an order upon the county treasurer for the sum designated therein in each case and deliver it to the person entitled thereto. The commission may furnish aid in a different manner than by supplying money. The commission may request the county clerk to issue an order upon the county treasurer to a purveyor of services or commodities for the purchase of such services or commodities or the commission may furnish such supplies as it deems best. The commission shall make a detailed report to the county board at each annual session thereof showing the amount expended.
45.14(3)
(3) A county veterans' service officer appointed under
s. 45.43 (1) (b) or
(4) shall have the administrative powers and duties prescribed for the county veterans' service commission under
sub. (2).
45.14 History
History: 1985 a. 29;
1993 a. 184.
45.15
45.15
Commission, compensation. The county board shall allow the members of the commission a reasonable rate of compensation for services and actual expenses incurred in the performance of their duties to be determined pursuant to
s. 59.22. The county board may provide for the employment of clerical assistance to the commission.
45.15 History
History: 1995 a. 201.
45.16
45.16
Burial allowance. Each county veterans' service officer shall cause to be interred in a decent and respectable manner in any cemetery in this state, other than those used exclusively for the burial of paupers, the body of any person who was living in the county at the time of death, meets the definition of a "veteran" under
s. 45.35 (5) and who dies not leaving sufficient means to defray the necessary expenses of a decent burial, or under financial circumstances that would distress the person's family to pay the expenses of the burial, and the body of a spouse or surviving spouse of the person who dies not leaving such means or under the same financial circumstances and who was living in the county at the time of death, at an expense to the county of not more than $300 in addition to the burial allowance payable under laws administered by the U.S. department of veterans affairs.
45.17
45.17
Investigation and report. Before assuming the burial expense, the county veterans' service officer shall make a careful inquiry into and examination of all the circumstances in the case to ascertain the existence of either financial condition required by
s. 45.16. The officer shall report to the county clerk that the officer found the required financial condition, the facts supporting the finding, the name and date of death of the deceased, the place where buried and an itemized statement of the burial expenses.
45.17 History
History: 1989 a. 56;
1997 a. 116.
45.18
45.18
Order for expenses; headstone. The chairperson of the county board and the clerk of the county on the receipt of the report under
s. 45.17 shall draw an order on the county treasurer for the amount of expenses so incurred, payable to the person designated in the report as being entitled thereto. The county veterans' service officer of each county shall, upon the death and burial of any such person living in the county at the time of death, make application to the proper authorities for a suitable headstone as provided for by act of congress, and at the expense of the county cause the same to be placed at the head of his or her grave.
45.18 History
History: 1983 a. 538;
1987 a. 403 s.
255.
45.185
45.185
Care of soldiers' graves. 45.185(1)
(1) Every town board, village board or common council of every city shall at all times see that the graves and tombstones of all members of the armed forces of the United States, including women's auxiliary organizations created by act of congress, who shall at any time have served in any branch of the armed forces of the United States, and of the spouses or surviving spouses of all such members of the armed forces, receive proper and decent care, and may employ all necessary assistance to carry out this section. The expense of the care of such graves and tombstones shall be borne by the respective counties where the said graves are located, except where suitable care is otherwise provided. The amount of expense so charged the county for such care shall not exceed the charge made for the care of other graves in the same cemetery.
45.185(2)
(2) Such bodies shall report to the county clerk of their respective counties, on or before September 1 of each year, the respective locations of the graves so taken care of by them, together with the name of the deceased and the amount claimed for such care for a fiscal year from July 1 to June 30.
45.185(3)
(3) The chairperson of the board and the clerk of such county, upon receipt of such report, shall draw an order on the county treasurer for the amount of the expenses so incurred, payable to the person or persons designated in said report as entitled thereto.
45.185 History
History: 1975 c. 94 s.
91 (4), (6);
1993 a. 184;
1997 a. 116.
45.21
45.21
Registration of certificate of discharge. Every person who has served in the U.S. armed forces at any time, and who has been honorably discharged or given a certificate of service or relieved from active service may record with the register of deeds of any county, in a suitable book provided by the county for that purpose, a certificate of discharge or release. The certificate shall be accessible only to the person or dependents, the county veterans' service officer, department of veterans affairs, or any person with written authorization from the person discharged or dependents. The register of deeds may not charge for recording, except that in counties where the register of deeds is under the fee system and not paid a fixed salary the county shall pay the fee specified in
s. 59.43 (2) (ag). The record of any such certificate heretofore made is hereby legalized.
45.25
45.25
Veterans' tuition and fee reimbursement program. 45.25(1)(1)
Administration. The department of veterans affairs shall administer a tuition and fee reimbursement program for eligible veterans enrolling as undergraduates in any institution within the university of Wisconsin system, enrolling in any technical college under
ch. 38 or receiving a waiver of nonresident tuition under
s. 39.47.
45.25(2)
(2) Eligibility. An individual is eligible for the tuition and fee reimbursement program if he or she meets all of the following criteria:
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 10 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) Except as provided in
par. (am), an individual who meets the requirements under
sub. (2), upon satisfactory completion of an undergraduate semester in any institution 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, but that reimbursement is limited to a maximum of 50% of the standard cost for a state resident for an equivalent undergraduate course at the University of Wisconsin-Madison per course 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 or school.
45.25(3)(am)
(am) A disabled individual who meets the requirements under
sub. (2) and whose disability is rated at 30% or more under
38 USC 1114 or
1134, upon satisfactory completion of an undergraduate semester in any institution within the University of Wisconsin System or a semester at any technical college district school under
ch. 38, may be reimbursed for up to 100% of the individual's tuition and fees, but that reimbursement is limited to 100% of the standard cost for a state resident for an equivalent undergraduate course at the University of Wisconsin-Madison per course, 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 or school.
45.25(3)(b)
(b) An application for reimbursement of tuition and fees under
par. (a) or
(am) 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 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 within the university of Wisconsin system, 60 credits of part-time study or 4 full semesters of full-time study at a technical college under
ch. 38, or an equivalent amount of credits at an institution where he or she is receiving a waiver of nonresident tuition under
s. 39.47.
45.25(4)(b)
(b) The department may 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, only if the individual provides the department with one of the following:
45.25(4)(b)1.
1. A repayment agreement that the individual has entered into, that has been accepted by the county child support agency under
s. 59.53 (5) and that has been kept current for the 6-month period immediately preceding the date of the application.
45.25(4)(b)2.
2. A statement that the individual is not delinquent in child support or maintenance payments and does not owe past support, medical expenses or birth expenses, signed by the clerk of circuit court within 7 working days before the date of the application.
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.
45.30
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.
