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.
45.50
45.50
Reemployment in civil employment after completion of military service. 45.50(1)(a)(a) Any person who has enlisted or enlists in or who has been or is inducted or ordered into active service in the U.S. armed forces pursuant to the selective training and service act of 1940 or the national guard and reserve officers mobilization act of 1940, the selective service act of 1948 and any acts amendatory thereof or supplementary thereto or
P.L. 87-117, and any person whose services are requested by the federal government for national defense work as a civilian during a period officially proclaimed to be a national emergency or a limited national emergency, who, in order to perform the training or service, has left or leaves a position, other than a temporary position, in the employ of any political subdivision of the state or in the employ of any private or other employer, shall be restored to such position or to a position of like seniority, status, pay and salary advancement as though service toward seniority, status, pay or salary advancement had not been interrupted by the absence; if:
45.50(1)(a)1.
1. The person presents to the employer evidence of satisfactory completion of the period of training or civilian service, or of discharge from the armed forces under conditions other than dishonorable;
45.50(1)(a)2.
2. The person is still qualified to perform the duties of such position;
45.50(1)(a)3.
3. The person makes application for reemployment and resumes work within 90 days after completion of the training or services, military or civilian, or was so discharged from the armed forces, or within 6 months after release from hospitalization for service-connected injury or disease;
45.50(1)(a)4.
4. The employer's circumstances have not so changed as to make it impossible or unreasonable to so restore the person; and
45.50(1)(a)5.
5. The military service was not for more than 4 years unless extended by law.
45.50(1)(b)
(b) In the event of any dispute arising under
par. (a), the matter shall be referred to the department of workforce development for determination except as the matters pertain to any classified employe of the state, in which case the matter shall be referred to the director of personnel. Orders and determinations of the department of workforce development under this section may be reviewed in the manner provided in
ch. 227.
45.50(2)
(2) The service of any person who is or was restored to a position in accordance with
sub. (1) shall be deemed not to be interrupted by the absence, except for the receipt of pay or other compensation for the period of the absence and he or she shall be entitled to participate in insurance, pensions, retirement plans or other benefits offered by the employer under established rules and practices relating to employes on furlough or leave of absence in effect with the employer at the time the person entered or was enlisted, inducted or ordered into the forces and service, and shall not be discharged from the position without cause within one year after restoration; and the discharge is subject to all federal or state law affecting any municipal or private employment; and subject to the provisions of contracts that may exist between employer and employe. Each county, town, city or village shall contribute or pay from September 16, 1940, all contributions of the employer to the applicable and existent pension, annuity or retirement system as though the service of the employe had not been interrupted by military service.
45.50(3)
(3) If an employer fails or refuses to comply with
subs. (1) and
(2), a person entitled to the benefits under
subs. (1) and
(2) may petition a court to require the employer to comply with those subsections. Upon the filing of the petition and on reasonable notice to the employer, the court may require the employer to comply with those subsections and to compensate the person for any loss of wages or benefits suffered by reason of the employer's unlawful action. The court shall order a speedy hearing and shall advance the case on the calendar. No fees or court costs shall be taxed against a person applying for these benefits. The action or proceeding commenced under this subsection against a private employer, and the trial or hearing thereof, shall be in any county in which the employment took place or in which the private employer maintains a place of business, and in all other cases shall be as provided in
s. 801.50. No person who is appointed in the service of the state or of any county, city, village or town to fill the place of a person entering the federal armed forces shall acquire permanent tenure during the period of replacement service.
45.50(4)
(4) Any individual or employer aggrieved by the decision of the court provided in
sub. (3) may appeal in accordance with the provisions of appealable orders referred to in
chs. 808 and
809; and the employe need not file an appeal bond for the security for costs on said appeal.
45.50(5)
(5) The restoration of classified employes of the state shall be governed by
s. 230.32. The restoration of unclassified state employes shall be governed by this section.
45.51
45.51
Employes or officers in military service. 45.51(1)
(1) The governing body of any county, town, city, village, school district or technical college district may grant a leave of absence to any employe or officer who is inducted or who enlists in the U.S. armed forces for a period of military service of not more than 4 years unless such employe is involuntarily retained for a longer period. No salary or compensation of such employe or officer shall be paid, nor claim therefor exist during such leave of absence.
45.51(2)
(2) The governing body may provide for safeguarding the reinstatement and pension rights, as herein limited, of any employe or officer so inducted or enlisted.
45.51(3)
(3) No employe or officer who is appointed to fill the place of any employe or officer so inducted or enlisted shall acquire permanent tenure during such period of replacement service.
45.51(4)
(4) If the leave of absence under
sub. (1) is granted to an elected or appointed official or employe and the official or employe has begun federal service, a temporary vacancy exists and a successor may be appointed to fill the unexpired term of the official or employe, or until the official or employe returns and files election to resume the office if the date of the filing is prior to the expiration of the term. The appointment shall be made in the manner provided for the filling of vacancies caused by death, resignation or otherwise, except that no election need be held to fill a temporary vacancy. The appointee has all the powers, duties, liabilities and responsibilities and shall be paid and receive the compensation and other benefits of the office or position, unless otherwise provided by the governing body. Within 40 days after the termination of the federal service, the elected or appointed official or employe, upon filing with the clerk a statement under oath of termination and that the official or employe elects to resume the office or position, may resume the office or position for the remainder of the term for which elected or appointed. The person temporarily filling the vacancy shall thereupon cease to hold the office.
45.51(6)
(6) In cities of the 3rd class with a commission plan of government, in case of temporary or permanent vacancies in the office of mayor, the vice mayor shall temporarily succeed to the office of mayor for the balance of the unexpired term for which the mayor was elected unless sooner terminated as provided in
s. 17.035 (3). The temporary or permanent vacancy thereby created in the office of council member may thereupon be filled as provided in this section. The term of the person appointed temporarily to the office of council member shall not extend beyond the expiration of the term of the office vacated and the temporary term shall be vacated sooner as provided for in
s. 17.035 (3).
45.52
45.52
Physical disability does not disqualify for public employment. A veteran, as defined under
s. 45.35 (5) (a), who has suffered a physical disability as a direct result of military or naval service shall not on that account be barred from employment in any public position or employment whether under state, county or municipal civil service or otherwise, if the licensed physician making a physical examination of the veteran for the public employer certifies that the applicant's disability will not materially handicap the veteran in the performance of the duties of the position.
45.53
45.53
Soldiers' and sailors' civil relief act. 45.53(1)
(1) In this section, unless the context indicates otherwise:
45.53(1)(a)
(a) "Interest and penalties" mean interest and penalties accruing on taxes during the period of military service and 6 months thereafter. In case property is owned jointly by several owners, other than property held jointly or as marital property with the spouse of the person in military service, interest and penalties shall mean the proportionate share of the total interest and penalties commensurate with the equity in the property of such person in military service.
45.53(1)(b)
(b) "Persons in military service" means any man or woman who is or was serving on active duty in the U.S. armed forces.
45.53(1)(c)
(c) "Property" shall mean any real estate or personal property belonging to a person in military service provided that such property was acquired prior to the commencement of military service except in cases where such property was acquired by descent in which case the proviso shall not apply.
45.53(1)(d)
(d) "Taxes" shall mean any general taxes or special assessments or tax certificates evidencing such taxes and assessments not belonging to private buyers.
45.53(2)
(2) In order to supplement and complement the provisions of the soldiers' and sailors' civil relief act of 1940 and all amendments thereof, so as to afford and obtain greater peace and security for persons in military service, the enforcement of certain tax obligations or liabilities which may prejudice the property rights of persons in military service, for the period herein set forth may be temporarily suspended as hereinafter provided.
45.53(3)
(3) Any person while in the military service of the United States or within 6 months after terminating service, or the person's agent or attorney during that period, may petition a court of record in any county in which the person owns property for relief under this section. Upon filing of the petition the court shall make an order fixing the time of hearing and requiring the giving of notice of the hearing. If after hearing the court shall find that the person is, or within 6 months next preceding the filing of the petition was, in the military service of the United States and owns property within the county on which taxes have fallen or will fall due, and that the person's ability to pay the taxes has been materially adversely affected by reason of being in military service, the court shall enter an order determining that the person is entitled to relief under this section. When an order so determines, the court may further suspend proceedings for the collection of taxes on the property for a period not exceeding 6 months after termination of the military service of the person, or for the time reasonably necessary to complete the agreement provided in
sub. (7). Thereafter, the property shall not be included in tax certificates issued to enforce collection of taxes on property, and all proceedings for that purpose shall be suspended, except under terms that the court in the order may direct.
45.53(4)
(4) Whenever any tax or assessment on real property, including all special assessments, is not paid when due, any interest or penalty under
s. 74.47 and the maximum limitation of 6% per year as provided by the soldiers' and sailors' civil relief act shall be waived for the purpose and upon the conditions specified in this section.
45.53(5)
(5) The penalties and interest which shall be waived pursuant to this section are those for nonpayment of all taxes or assessments, general or special, falling due during the period of military service of any person against either real or personal property of which the person is the bona fide owner or in which the person has a beneficial interest.
45.53(6)
(6) The person owning or having an interest in any property in respect to which the order under
sub. (3) is made, or the person's agent or attorney, may file with the county treasurer or with the city treasurer of cities authorized by law to sell lands for the nonpayment of taxes as to such taxes and assessments a certified copy of the order of suspension together with an affidavit in triplicate, sworn to by the person or agent or attorney setting forth the name of the owner, the legal description of the property, the type of property, when acquired, volume and page number where the deed was recorded if acquired by deed and the name of the estate if acquired by descent, amount of delinquent taxes if any, and the names of the holders of any outstanding mortgage, lien or other encumbrance. Upon such filing the county treasurer or city treasurer shall record the order in the office of the register of deeds of the county and file a copy in the office of the treasurer, who shall make proper notation that a person in military service is the holder of the legal title and has made application for special relief, and an additional copy shall be immediately forwarded to the office of the clerk of the town, city or village where the property is located, or if it is located in a city authorized to sell lands for nonpayment of its taxes to the commissioner of assessments, who shall make an appropriate notation in the records.
45.53(7)
(7) Any person seeking relief under this section, within 6 months after termination of military service, or the person's agent or attorney, or in case of death of such person, the personal representative, surviving spouse or heir at law, may apply to the county treasurer of the county, or the city treasurer of cities authorized by law to sell lands for the nonpayment of taxes, as the case may be, wherein such property is located for an agreement for scheduled instalment payments, covering the taxes accrued during such person's period of military service, provided that such taxes will be paid over a period of time equal to a period no longer than twice the length of military service of such person, in equal periodic instalments of not less than $10, and subject to such other terms as may be just and reasonable.
45.53(8)
(8) In the event default is made by the applicant in the performance of any of the provisions of such agreement, such treasurer, as the case may be, shall forthwith notify the applicant of such default and the amount and date due, by written notice either served personally or by registered mail with return receipt demanded to the address set forth in such application. If such defaulted payment is not fully made within 10 days after service of such notice, then such treasurer without further notice may declare that the entire amount of such tax subject to the scheduled instalments shall be immediately due and payable and that such agreement is fully rescinded and terminated. Thereupon the county treasurer shall notify the register of deeds and the town, city or village treasurer thereof, or if the city treasurer of cities authorized by law to sell lands for the nonpayment of taxes the latter shall notify the register of deeds and the county treasurer and such officers and shall make appropriate notations thereof on their records. Thereafter, the county treasurer or city treasurer as to taxes of cities authorized by law to sell land for the nonpayment of taxes, may without further order of the court enforce the collection of such tax or assessment and sell such tax certificates together with such penalties and interest as may have accrued thereon from the date of default of such scheduled instalment payment.
VETERAN'S HOUSING LOAN PROGRAM
45.70(1)(1)
Legislative findings. It is determined that veterans, who have sacrificed in the service of their country, valuable years of their lives and considerable earning potential, constitute a readily identifiable and particularly deserving segment of this state's population. It is further determined that by making additional housing funds available to eligible veterans limited private home loan funds available will be more readily available to all. It is further determined that the loan programs established under this subchapter 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).
45.70(2)
(2) Legislative intent. This subchapter is created principally to enable the state and the authority to exercise their borrowing power to increase those funds available for loans providing for the purchase or construction of private housing, without requiring downpayments beyond the reach of families of modest means. It is the intent of the legislature that the department in its administration of this subchapter avoid the duplication of those administrative services available through private lending institutions, utilizing the administrative services of such institutions to the maximum extent consistent with the purposes of this subchapter.
45.71
45.71
Definitions. In this subchapter:
45.71(1)
(1) "Anticipated annual shelter payment" means the total annual payments anticipated for the following, as determined by the department or authorized lender on the basis of the loan applied for under
s. 45.79:
45.71(1)(a)
(a) Real estate taxes on the premises to be mortgaged.
45.71(1)(c)
(c) Required payments on principal and interest on all mortgages placed or to be placed against the home of an eligible person.
45.71(1m)
(1m) "Authority" means the Wisconsin housing and economic development authority.
