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)1.d.
d. Has served on active duty 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.
45.35(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)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 workforce 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 workforce 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 workforce 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,
45.356 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(18)
(18) Loan repayments. The department shall deposit all repayments of loans and payments of interest made on loans under s.
45.351 (2), 1995 stats., s.
45.352, 1971 stats., s.
45.356, 1995 stats., or s.
45.80, 1989 stats., in the veterans trust fund.
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;
1997 a. 3,
27.
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. The department may submit a request to the joint committee on finance for supplemental funds from the veterans trust fund to be credited to the appropriation account under
s. 20.485 (2) (vm) for subsistence grants to veterans. If the cochairpersons of the committee do not notify the secretary of the department within 14 working days after the date of the department's submittal that the committee intends to schedule a meeting to review the request, the appropriation account shall be supplemented as provided in the request. If, within 14 working days after the date of the department's submittal, the cochairpersons of the committee notify the secretary of the department that the committee intends to schedule a meeting to review the request, the appropriation account shall be supplemented only as approved by the committee.
45.351(1j)
(1j) Health care aid grants. The department may grant to any veteran or dependents such temporary health care aid as the department considers advisable to prevent want or distress. Health care aid to meet medical or hospital bills under this subsection is limited to a payment of up to $5,000 per veteran or dependent for a 12-month period beginning with the first day of care for which the person seeks reimbursement under this subsection. The department may not give prior authorization for the payment of health care aid under this subsection but may issue a certificate of entitlement stating that a veteran or dependent is eligible for a health care aid grant under this subsection if the treatment is received within a time period that the department promulgates by rule. 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 subsection 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 that the department determines the aid recipient is capable of paying. The department may not grant health care aid under this subsection if the combined liquid assets of the applicant for aid, and of the veteran and veteran's dependents who are living in the same household with the applicant, are in excess of $1,000.
45.351(3)
(3) Appropriations. The department may award grants under this section from the appropriation in
s. 20.485 (2) (vm). 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;
1997 a. 27,
237,
252.
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 $20,000.
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.
