45.38(2)(b)
(b) The state shall be liable for accrued rentals and for any other default under any lease or sublease made under
par. (a) 3., and may be sued therefor on contract as in other contract actions pursuant to
ch. 775, except that it shall not be necessary for the lessor under any such lease or sublease or any assignee of such lessor or any person or other legal entity proceeding on behalf of such lessor to file any claim with the legislature prior to the commencement of any such action.
45.38(2)(c)
(c) Nothing in this section empowers the board or the department to incur any state debt.
45.38(2)(d)
(d) All powers and duties conferred upon the board or the department pursuant to this section shall be exercised and performed by resolution of the board. All conveyances, leases and subleases made pursuant to this section, when authorized pursuant to resolution of the board, shall be made, executed and delivered in the name of the department of veterans affairs and shall be signed by the director and sealed with the seal of the department.
45.38(2)(e)
(e) All laws, conflicting with any provisions of this section, are, insofar as they conflict with this section and no further, superseded by this section.
45.385
45.385
Veterans residential, treatment and nursing care facilities. Subject to authorization under
ss. 13.48 (10) and
20.924 (1), the department of veterans affairs may construct or renovate and operate residential, treatment and nursing care facilities in southeastern Wisconsin and may employ such personnel as are necessary for the proper management of the facilities. The department may acquire by gift, purchase or condemnation lands necessary for the purposes of the facilities. Title to any properties acquired under this section 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 filed with the secretary of state.
45.385 History
History: 1997 a. 121.
45.396
45.396
Correspondence courses and part-time classroom study. 45.396(1)(a)
(a) "Institution of higher education" means an educational institution meeting the requirements of
P.L. 89-329 for institutions covered therein and of
P.L. 89-287 for business, trade, technical or vocational schools and full-time post-high school technical colleges.
45.396(1)(b)
(b) "Part-time classroom study" means any of the following:
45.396(1)(b)1.
1. Enrollment by a graduate student in courses for which no more than 8 semester or the equivalent trimester or quarter credits will be given upon satisfactory completion.
45.396(1)(b)2.
2. Enrollment by a graduate student in courses that upon satisfactory completion will fulfill no more than the minimum semester or equivalent trimester or quarter credit requirements of the program or school in which the student is enrolled.
45.396(1)(b)3.
3. Enrollment by any other eligible student in courses for which no more than 11 semester or the equivalent trimester or quarter credits will be given upon satisfactory completion.
45.396(2)
(2) Any veteran upon the completion of any correspondence course or part-time classroom study from an institution of higher education located in this state or from any public or private high school may be reimbursed in part for the cost of the course by the department upon presentation to the department of a certificate from the school indicating that the veteran has completed the course and stating the cost of the course and upon application for reimbursement completed by the veteran and received by the department no later than 60 days after the termination of the course for which the application for reimbursement is made. The department shall accept and process an application received more than 60 days after the termination of the course if the applicant shows good cause for the delayed receipt. The department may not require that an application be received sooner than 60 days after a course is completed. Benefits granted under this section shall be paid out of the appropriation under
s. 20.485 (2) (th).
45.396(3)
(3) A veteran who is a resident of this state and otherwise qualified to receive benefits under this section may receive the benefits under this section upon the completion of any correspondence courses or part-time classroom study from an institution of higher education located outside this state, if any of the following applies:
45.396(3)(a)
(a) The part-time classroom study is not offered within 50 miles of the veteran's residence by any school or institution under
sub. (2) and the educational institution from which the study is offered is located not more than 50 miles from the boundary line of this state.
45.396(3)(b)
(b) The correspondence course is not offered in this state.
45.396(4)
(4) Enrolled part-time classroom study or direct correspondence courses from a qualified educational institution may be authorized and the veteran reimbursed in part by the department when such courses are related to one's occupational, professional or employment objectives, and to the extent that payment or reimbursement is not available from any other sources, or, in cases where reimbursement is not specifically for fees and tuition, to the extent that such reimbursement is insufficient to cover all educational costs.
45.396(5)
(5) Except as provided in
sub. (9), the reimbursement may not exceed 50% of the cost of tuition and fees and shall also be limited to a maximum of 50% of the standard cost for a state resident for tuition and fees for an equivalent undergraduate course at the University of Wisconsin-Madison per course and may not be provided to an individual more than 4 times during any consecutive 12-month period.
45.396(5m)(a)(a) No veteran or eligible dependent who has obtained a master's degree or its equivalent is eligible for grants under this section.
45.396(5m)(b)
(b) No veteran or eligible dependent who has obtained at least a baccalaureate degree or its equivalent but not a master's degree or its equivalent is eligible for grants offered under this section if the person has remaining U.S. department of veterans affairs education benefits.
45.396(5m)(c)
(c) For the purpose of this section any student who has received a baccalaureate degree shall be deemed to be a graduate student whether he or she is taking graduate or undergraduate courses.
45.396(6)
(6) The department may make a grant to an applicant under this section after the department receives a certification under
s. 49.855 (7) that the applicant is delinquent in child support or maintenance payments or owes past support, medical expenses or birth expenses only if the applicant provides the department with one of the following:
45.396(6)(a)
(a) A repayment agreement that the applicant 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.
45.396(6)(b)
(b) A statement that the applicant 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.
45.396(7)(a)(a) No veteran may receive a grant under this section if the department determines, after disregarding any payment described under
s. 45.85, that the income of the veteran and his or her spouse exceeds $500 for each dependent in excess of 2 dependents plus whichever of the following applies:
45.396(7)(a)1.
1. For applications for grants received during the period beginning on August 12, 1993, and ending on June 30, 1994, $45,000.
45.396(7)(a)2.
2. For applications for grants received beginning on July 1, 1994, $47,500.
45.396(7)(b)
(b) In determining eligibility for grants under this section, the department shall verify all reported income amounts by contacting the employer designated by the veteran or spouse, securing a copy of their prior year's income tax returns or obtaining a profit and loss statement from the veteran for at least 6 of the 12 months immediately preceding the loan application date.
45.396(8)
(8) The department may not make a grant under this section unless the department determines that a course for which an application is made is related to the applicant's occupational, professional or employment objectives.
45.396(9)
(9) A disabled veteran who meets the requirements under this section and whose disability is rated at 30% or more under
38 USC 1114 or
1134 may be reimbursed for up to 100% of the cost of tuition and fees, but that reimbursement is limited to 100% of the standard cost for a state resident for tuition and fees for an equivalent undergraduate course at the University of Wisconsin-Madison per course and may not be provided to an individual more than 4 times during any consecutive 12-month period.
45.396 History
History: 1971 c. 42;
1971 c. 125 s.
522 (1);
1971 c. 154,
198,
307;
1975 c. 39,
199,
224,
422;
1979 c. 34 ss.
819b,
2102 (56) (a);
1981 c. 20;
1983 a. 481,
503,
538;
1985 a. 29,
129;
1987 a. 27,
242;
1989 a. 31,
56;
1991 a. 39,
166;
1993 a. 16;
1995 a. 27,
404;
1997 a. 27,
115,
121.
45.397
45.397
Retraining grant program. 45.397(1)
(1)
Grant amount and application. The department may grant a veteran not more than $3,000 for retraining to enable the veteran to obtain gainful employment. The department shall determine the amount of the grant based on the veteran's financial need. A veteran may apply for a grant to the county veterans' service officer of the county in which the veteran is living.
45.397(2)
(2) Eligibility. The department may make a grant under this section if all of the following apply:
45.397(2)(a)
(a) The veteran is enrolled in a training course in a technical college under
ch. 38 or is engaged in a structured on-the-job training program that meets program requirements promulgated by the department by rule.
45.397(2)(b)
(b) The veteran meets the financial assistance criteria established under
sub. (3) (c).
45.397(2)(c)
(c) The veteran is unemployed, underemployed, as defined by administrative rule, or has received a notice of termination of employment.
45.397(2)(cm)
(cm) The veteran requesting a grant has not received reimbursement under
s. 45.25 or
45.396 for courses completed during the same semester for which a grant would be received under this section.
45.397(2)(d)
(d) The department determines that the veteran's proposed program will provide retraining that could enable the veteran to find gainful employment. In making its determination, the department shall consider whether the proposed program provides adequate employment skills and is in an occupation for which favorable employment opportunities are anticipated.
45.397(3)
(3) Rules. The department shall promulgate rules for the distribution of grants under this program, including all of the following:
45.397(3)(a)
(a) Standard budgets for single and married veterans.
45.397(3)(dg)
(dg) Coordination with other occupational training programs.
45.397(3)(e)
(e) Other provisions the department deems necessary to assure uniform administration of this program.
45.397(4)
(4) Annual expenditure. The total amount of grants made under this section may not exceed $500,000 in fiscal year 1993-94 and $500,000 in fiscal year 1994-95.
45.397(5)
(5) Report. Beginning in 1993, the department shall include in its biennial report under
s. 15.04 (1) (d) information relating to the veterans retraining grant program, including the number of veterans obtaining gainful employment after receiving a grant and a description of the veterans receiving grants, including their sex, age, race, educational level, service-connected disability status and income before and after obtaining gainful employment. This information may be based on a valid statistical sample.
45.42
45.42
Burial places compiled. 45.42(1)
(1) The department may compile a record of the burial places within the state of persons who meet the definition of a "veteran" under
s. 45.35 (5) (a). The record, so far as practicable, may indicate the name of each person; the service in which engaged; the appropriate designation of armed forces unit; the rank and period of service; the name and location of the cemetery or other place in which the body is interred; the location of the grave in the cemetery or other place; and the character of headstone or other marker, if any, at the grave.
45.42(2)
(2) The department may have blank forms prepared whereby the information required for the record may be transmitted to it and may distribute the forms to county veterans' service officers. The county veterans' service officer within whose county and cemetery or burial place is located in which are interred the bodies of persons who meet the definition of a "veteran" under
s. 45.35 (5) (a) shall submit the facts required for such record to the department on the forms provided by it, if so requested by the department.
45.43
45.43
County veterans' service officer. 45.43(1)(a)(a) Except as provided under
par. (b), the county board shall elect a county veterans' service officer who shall be a Wisconsin resident 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 for 2 consecutive years, except service on active duty for training purposes. An individual who is discharged for reasons of hardship or a service-connected disability or released due to a reduction in the U.S. armed forces or for the good of the service prior to the completion of the required period of service is eligible for election to the office, regardless of the actual time served.
45.43(1)(b)
(b) In counties with a county executive or county administrator, the county executive or county administrator shall appoint and supervise a county veterans' service officer who shall have the qualifications prescribed under
par. (a). The appointment is subject to confirmation by the county board unless the county board, by ordinance, elects to waive confirmation or unless the appointment is made under a civil service system competitive examination procedure established under
s. 59.52 (8) or
ch. 63.
45.43(2)
(2) Term. A county veterans' service officer elected under
sub. (1) (a) shall serve until the first Monday in January of the 2nd year subsequent to the year of his or her election, and, if reelected, shall continue to serve unless removed under
s. 17.10 (2). All county veterans' service officers who have been reelected prior to May 18, 1967, may continue to serve unless removed under
s. 17.10 (2).
45.43(3)
(3) Salary. The salary of the county veterans' service officer shall be fixed by the county board prior to or at the time of the service officer's election and annually thereafter.
45.43(4)
(4) Milwaukee county. In counties having a population of 500,000 or more such officer shall be appointed subject to
ss. 63.01 to
63.17.
45.43(5)
(5) Duties. The county veterans' service officer shall:
45.43(5)(a)
(a) Advise persons living in the service officer's county who served in the U.S. armed forces regarding any benefits to which they may be entitled or any complaint or problem arising out of such service and render to them and their dependents all possible assistance.
45.43(5)(b)
(b) Make such reports to the county board as the county board requires.
45.43(5)(c)
(c) Cooperate with federal and state agencies which serve or grant aids or benefits to former military personnel and their dependents.
45.43(5)(d)
(d) Furnish information about veterans' burial places within the county as required by
s. 45.42 (2).
45.43(5)(e)
(e) Perform the duties prescribed by law, including those duties under
pars. (a) to
(d), separately and distinctly from any other county department.
45.43(6)
(6) Office space and assistants. 45.43(6)(a)(a) The county board shall provide the county veterans' service officer with office space, clerical assistance and any other needs which will enable the officer to perform the duties under
sub. (5).
45.43(6)(b)
(b) Except as provided under
par. (c), the county board may appoint assistant county veterans' service officers who shall be Wisconsin residents 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 for 2 consecutive years, except service on active duty for training purposes. An individual who is discharged for reasons of hardship or a service-connected disability or released due to a reduction in the U.S. armed forces or for the good of the service prior to the completion of the required period of service is eligible for appointment to the office, regardless of the actual time served.
45.43(6)(c)
(c) In any county with a county executive or county administrator, the county veterans' service officer may appoint assistant county veterans' service officers who shall have the qualifications prescribed under
par. (b).
45.43(7)(a)(a) Each county may annually apply to the department for a grant for the improvement of service to former military personnel of the county through the county veterans' service office. A county may not allocate any portion of a grant for use by another county department nor may the county reduce funding to a county veterans' service office based upon receipt of a grant. The county veterans' service officer of any county applying for the grant shall enter into an agreement with the department. The agreement shall state the goals and objectives to be attained by the county veterans' service office during the remainder of the year covered by the grant application. The department shall prepare the basic form of this agreement in consultation with the county veterans' service officers association and provide a copy and an explanation of that agreement to each county veterans' service officer. The department shall develop reasonable budget and operating standards to assure improved services, but full operating control of the county office shall be left to each county.
45.43(7)(b)
(b) The department shall award a grant annually to a county that meets the standards developed under this subsection and employs a county veterans' service officer who, if chosen after August 9, 1989, is chosen from a list of candidates who have taken a civil service examination for the position of county veterans' service officer developed and administered by the division of merit recruitment and selection in the department of employment relations, or is appointed under a civil service competitive examination procedure under
ch. 63 or
s. 59.52 (8). The grant shall be $8,500 for a county with a population of under 20,000, $10,000 for a county with a population of 20,000 to 45,499, $11,500 for a county with a population of 45,500 to 74,999 and $13,000 for a county with a population of 75,000 or more. The department of veterans affairs shall use the most recent Wisconsin official population estimates prepared by the demographic services center when making grants under this paragraph.
45.43(7)(c)
(c) Notwithstanding
par. (b), an eligible county with a part-time county veterans' service officer shall be eligible for an annual grant not exceeding $500.
45.43(8)
(8) Qualifications application. The qualifications necessary to be a county veterans' service officer or assistant county veterans' service officer under
subs. (1) (a) and
(6) (b) apply only to persons elected to serve as county veterans' service officers or assistant county veterans' service officers on or after June 1, 1996, who have not served as county veterans' service officers or assistant county veterans' service officers before June 1, 1996.
45.43 Annotation
A county veterans' service officer has no duty to transport disabled veterans to a veterans' hospital. 67 Atty. Gen. 207.
45.48
45.48
Veterans' papers, medals, etc., as security. 45.48(1)
(1) It shall be unlawful for any person to receive or accept as a security or to withhold from a veteran or honorably discharged soldier, sailor or marine any discharge paper, citation, warrant, medal, badge or evidence upon which such veteran is entitled to certain rights, as a veteran under the laws of the United States or of this state, and any transfer of the same during the life of the veteran upon a consideration or otherwise shall be null and void, and the refusal or wilful neglect of any person to return or deliver upon demand, any such discharge, citation, warrant, medal, badge or evidence aforesaid shall be deemed a misdemeanor.
45.48(2)
(2) Any person who violates this section shall be fined not more than $100 or imprisoned not more than 6 months, or both.
45.49
45.49
Memorial day; veterans to be given leave of absence on. 45.49(1)(1) The head of every department of the state government and of every court of the state, every superintendent or foreman on the public works of the state, every county officer, and the head of every department or office in any town, village, city, or other political subdivision, shall give a leave of absence with pay for 24 hours on the last Monday in May of each year, which shall be the day of celebration for May 30, to every person in the employ of the state or any county, town, village or city therein, who has at any time served in and been honorably discharged from the army, air force, coast guard, merchant marine, navy or marine corps of the United States. A refusal to give such leave of absence to one entitled thereto, shall constitute neglect of duty.
45.49(2)
(2) In all cities, however organized, where the nature of the duties of the several departments of government of such cities is such as to necessitate the employment of members of such departments on Memorial day, the head of each such department shall arrange and assign such necessary work in such a manner as to permit the largest possible numbers of employes of such department to be off duty either the whole or part of Memorial day.
45.49 History
History: 1971 c. 226;
1977 c. 187 s.
96; Stats. 1977 s. 757.16;
1983 a. 192 s.
256; Stats. 1983 s. 45.49;
1991 a. 99.
