GENERAL PROVISIONS
45.001
45.001
Definitions. In this chapter, unless the context otherwise requires:
45.001(1)
(1) "Board" means the board of veterans affairs.
45.001(2)
(2) "Department" means the department of veterans affairs.
45.001(3)
(3) "Secretary" means the secretary of veterans affairs.
45.001(4)(a)(a) Except as used in
s. 45.358 or
45.37 or
subch. II or unless otherwise modified, and except as provided in
par. (b), "veteran" means any person who has 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, except service on active duty for training purposes, and who meets all of the following conditions:
45.001(4)(a)1.
1. Except as provided in
par. (c), 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:
45.001(4)(a)1.a.
a. Has served in Bosnia, Grenada, Lebanon, Panama, Somalia, or a Middle East crisis under
s. 45.34.
45.001(4)(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.
45.001(4)(a)1.c.
c. Has served for 90 days or more during a war period 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.
45.001(4)(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.
45.001(4)(a)2.
2. Except as provided in
par. (c), 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:
45.001(4)(a)2.a.
a. His or her selective service local board, if any, and home of record at the 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.
45.001(4)(a)2.b.
b. Was a resident of this state at the time of entry or reentry into active duty.
45.001(4)(a)2.c.
c. Has been a resident of this state for any consecutive 12-month period after entry or reentry into service and before the date of his or her application or death. If a person applying for a benefit under this subchapter meets that residency requirement of 12 consecutive months, the department may not require the person to reestablish that he or she meets that residency requirement when he or she later applies for any other benefit under this chapter that requires that residency.
45.001(4)(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).
45.001(4)(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.
45.001(5)
(5) "War period" means any of the following:
45.001(5)(b)
(b) Spanish American war: Between April 21, 1898, and April 11, 1899.
45.001(5)(c)
(c) Philippine insurrection: Between April 12, 1899, and July 4, 1902 (extended to July 15, 1903, if actually engaged in Moro Province hostilities).
45.001(5)(d)
(d) Boxer rebellion: Between June 16, 1900, and May 12, 1901.
45.001(5)(da)
(da) Mexican border service: Between June 19, 1916, and April 5, 1917.
45.001(5)(e)
(e) World War I: Between April 6, 1917, and November 11, 1918 (extended to April 1, 1920, if service was in Russia).
45.001(5)(f)
(f) World War II: Between August 27, 1940, and July 25, 1947.
45.001(5)(fm)
(fm) Korean conflict: Between June 27, 1950, and January 31, 1955.
45.001(5)(g)
(g) Vietnam war: Between August 5, 1964, and January 1, 1977, excepting service on active duty for training purposes only.
45.001(5)(h)
(h) 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 by rule.
45.001(5)(i)
(i) Afghanistan War: Between September 11, 2001, and the ending date of Operation Enduring Freedom or an operation that is a successor to Operation Enduring Freedom, as established by the department by rule.
45.001(5)(j)
(j) Iraq War: Between March 19, 2003, and the ending of Operation Iraqi Freedom or an operation that is a successor to Operation Iraqi Freedom, as established by the department by rule.
45.001 History
History: 2001 a. 103 ss.
69,
70,
95 to
97,
99 to
102;
2003 a. 83.
45.014
45.014
Wisconsin Veterans Museum. The department of administration shall provide suitable space for the purpose of a memorial hall, designated as the Wisconsin Veterans Museum, dedicated to the men and women of Wisconsin who served in the armed forces of the United States in the civil war of 1861 to 1865 or who meet one of the conditions listed in
s. 45.001 (4) (a) 1. a. to
d., and the department of veterans affairs shall operate and conduct the Wisconsin Veterans Museum. The mission of the Wisconsin Veterans Museum is to acknowledge, commemorate, and affirm the role of Wisconsin veterans in the United States of America's military past by means of instructive exhibits and other educational programs.
45.014 Cross-reference
Cross Reference: See also ch.
VA 5, Wis. adm. code.
45.015
45.015
Eligibility for benefits. Any person whose service on active duty with the U.S. armed forces or in forces incorporated as part of the U.S. armed forces makes that person eligible for general U.S. department of veterans affairs benefits shall be considered to have served under honorable conditions for purposes of this chapter.
45.015 History
History: 1995 a. 255.
45.02
45.02
Memorial collection. The battle flags of Wisconsin units serving in the nation's wars and all relics and mementos of the nation's wars donated to or otherwise acquired by the state for display in the Wisconsin Veterans Museum shall constitute the memorial collection. The department shall do all of the following:
45.02(1)
(1) Catalog and identify all war relics and mementos of the memorial collection.
45.02(2)
(2) Restore, preserve, and safeguard the relics and mementos of the memorial collection.
45.02(3)
(3) Procure additions to the memorial collection.
45.02(4)
(4) Provide proper display equipment and display the memorial collection to make it instructive and attractive to visitors.
45.03
45.03
Veterans memorials at The Highground. 45.03(1)
(1) In this section "Persian Gulf war" means the period of conflict designated by the president of the United States as Operation Desert Shield and Operation Desert Storm and any operation that is a successor to Operation Desert Shield or Operation Desert Storm.
45.03(2)
(2) From the appropriation under
s. 20.485 (2) (d), the department shall provide funding to the Wisconsin Vietnam Veterans Memorial Project, Inc., for the construction of 3 memorials, as defined in
s. 45.04 (1) (c), one memorial for the veterans of World War I, one memorial for the veterans of World War II, and one memorial for the veterans of the Persian Gulf war. The memorials shall be constructed at the veterans memorial site located at The Highground in Clark County. The department may expend up to $45,000 for the memorial for the veterans of World War I, up to $85,000 for the memorial for the veterans of World War II, and up to $60,000 for the memorial for the veterans of the Persian Gulf war. If the moneys available under this section to construct one of these memorials are in excess of the moneys needed to construct that memorial, and if the moneys available under this section to construct another one of these memorials are insufficient to construct that memorial, the department, with the approval of the joint committee on finance, may allocate the excess moneys to construct the memorial that is insufficiently funded.
45.03(3)
(3) From the appropriation under
s. 20.485 (2) (em), the department shall pay all debts that remain unpaid on February 15, 1992, for expenses incurred in operating the veterans memorial at The Highground in Clark County and shall contract for improvements related to the memorial. The improvements shall include the paving of the parking lot at the memorial.
45.04
45.04
Veterans memorial grants. 45.04(1)
(1)
Definitions. In this section:
45.04(1)(b)
(b) "In-kind contributions" includes but is not limited to donations of appliances, buildings, creations, equipment, fixtures, furniture, materials, real property, structures, supplies and utilities, and work performed in the acquisition of land and construction of a memorial.
45.04(1)(c)
(c) "Memorial" means a building, structure, statue or creation used to keep alive the remembrance of a veteran, veterans group or an event related to a veteran and may include land upon which the building, structure, statue or creation is located. "Memorial" does not include a museum.
45.04(2)
(2) Grant program. From the appropriation under
s. 20.485 (2) (e), the secretary shall award to eligible applicants grants to support the acquisition of land and construction of not more than 2 memorials in this state to honor state veterans who served in the U.S. armed forces. One memorial may be constructed to honor state veterans who served during the Korean conflict, June 27, 1950, to January 31, 1955, and one to honor state veterans who served during the Vietnam war, August 5, 1964, to January 1, 1977.
45.04(3)
(3) Notice; application process. The secretary shall publicize the grant program under this section and the availability of grants. Eligible persons may apply for grants in accordance with the rules promulgated under
sub. (6). The secretary shall develop and make available grant application forms.
45.04(4)
(4) Council of commanders review. The department shall provide the council of commanders with a copy of each application for a grant. The council may review the applications and submit its recommendations to the department.
45.04(5)
(5) Grants. A grant may not exceed $300,000 per memorial. No person may receive a grant under this section unless the person is able to provide at least $1 for land acquisition and construction of the memorial for each $2 granted by the state. An initial payment of part of the grant, not to exceed $50,000, may be provided to an eligible person before the person obtains the required matching funds if the department is satisfied that the person is able to obtain those matching funds within a reasonable time. The eligible person's share of the cost of acquiring the land and constructing the memorial may be in the form of money or in-kind contributions of equivalent value, or both. If the funds granted by the state plus the matching funds obtained by the grantee exceed the cost of land acquisition and construction of the memorial, any excess state grant shall be returned by the grantee to the department. The department shall return any excess state grant to the transportation fund. No grant may be provided unless the person provides evidence of the ability to provide continuing care and maintenance of the memorial. No funds may be granted for administrative expenses of the grantee.
45.04(6)
(6) Rules. The department shall promulgate rules specifying all of the following:
45.04(6)(c)
(c) The council of commanders review process.
45.04(6)(d)
(d) The costs related to memorial land acquisition and construction that may be covered under a grant.
45.04(6)(e)
(e) The amount of matching funds required of eligible persons.
45.04(6)(f)
(f) The type of in-kind contributions that may be considered as part of the eligible person's matching funds.
45.04(6)(g)
(g) The grantee's responsibilities for the care and maintenance of the memorial after construction is completed.
45.04(6)(h)
(h) The type of evidence required to prove the person's ability to adequately care for and maintain the memorial.
45.04(6)(i)
(i) Any other information deemed necessary by the department.
45.04 Cross-reference
Cross Reference: See also ch.
VA 10, Wis. adm. code.
45.05
45.05
County and municipal memorials. 45.05(1)
(1) Any city council, village, town or county board may by gift, purchase, contract or condemnation acquire property, real or personal, for the purpose of providing, furnishing, constructing, erecting, repairing, maintaining, or conducting a suitable memorial to the memory of former residents thereof who lost their lives in the military or naval service of the state or of the United States, or to commemorate and honor the deeds of persons, residents thereof, or of the state or United States, who served the nation in any war, or other persons who rendered great state or national service, or to the memory of any president of the United States, or for a combination of any of such purposes, which are hereby declared to be public purposes.
45.05(2)
(2) Such memorial shall be of such character as shall be determined by the governing body of such city, village, town or county, and without limitation because of enumeration, may comprise a public building, hospital, sanatorium, home for the aged or indigent, park, recreation facility, community forest or other suitable object having a public purpose.
45.05(3)
(3) Any city council, town, village or county board may appropriate money and may levy a tax in order to acquire, pay for, construct, erect, furnish, equip, operate, repair, maintain or reconstruct a suitable memorial for the purpose or purposes provided in this section.
45.05(4)
(4) Any city council or village, town or county board may authorize the use of any public property respectively of such city, village, town or county as a site for a memorial, and any county may authorize its public property to be so used by any city, village or town therein.
45.05(5)
(5) Any city council, village, town or county board may by ordinance or contract provide for the management, control or operation of any memorial, and it may enter into a written lease, for a term not exceeding 25 years, with any duly chartered and incorporated veterans' organization established in said town, city or village, such lease to include provisions for the amount of rental and such conditions of public use as it may determine.
45.05(6)
(6) Any county, city, village or town that has previously taken action toward the establishment of a monument or memorial under the statutes of 1943 or prior statutes may continue under such previously existing statutes or may proceed under this section.
45.051
45.051
Sites for veterans' memorial halls. Any city, town or village may donate to any organization specified in
s. 70.11 (9) land upon which is to be erected a memorial hall to contain the memorial tablet specified in said section.
45.051 History
History: 1999 a. 150 s.
603; Stats. 1999 s. 45.051.
45.052
45.052
Memorial corporations organized under 1919 act. 45.052(1)(1)
Additional powers of governing body. Any commission or board of trustees which governs a corporation organized to construct a memorial under
s. 45.057 (5), statutes of 1919 to 1943 (created by
chapter 598, laws of 1919, and repealed by
chapter 301, laws of 1945), shall have the following powers in addition to those it now has:
45.052(1)(a)
(a) All powers vested in the members of such corporation by the articles of incorporation or bylaws, including the power to amend the articles of incorporation.
45.052(1)(c)
(c) It may convey any property under its control to any municipality and lease it back under terms agreed upon by the commission or board of trustees and the municipality.
45.052(1)(d)
(d) It shall have a membership composed of 5 residents of the city, village or town in which the memorial is located, one appointed by the common council, village board or town board of the city, village or town, and 4 by the circuit judge of the county in which the memorial is located. The commission or board may appoint 4 additional members who are residents of this state. The terms of all members shall be 5 years. In order that terms of members may expire at different times, not more than 2 members shall be appointed in any one year in addition to appointments made to fill vacancies occurring by resignation or death. Members shall hold office until their successors are appointed and qualify.
45.052(1)(e)
(e) It may dissolve the corporation and dispose of the real and personal property of the corporation in a manner which it deems will best serve the purposes for which it was organized and the interests of the community.
45.052(2)
(2) Confirming existence and operation. Notwithstanding the repeal of s.
45.057, 1943 stats., by
chapter 301, laws of 1945, the continuing existence of all commissions, boards and corporations organized under
s. 45.057 (5), statutes of 1919 to 1943, is affirmed, and the continuing operation of such commissions, boards and corporations is ratified as to the past and authorized in the future.
45.055
45.055
Joint memorials. Any city council or village, town or county board may contract with or make an appropriation, or both, to any other unit of government or to any nonprofit corporation without capital stock organized expressly for any of the purposes of
s. 45.05 or to any duly chartered and incorporated veterans' organization established in any such city, village, town or county, and for the purpose of raising funds for such memorial purposes or contributions, may levy taxes upon the taxable property located in the county or municipality, or borrow money and issue the bonds of the respective municipalities therefor in the manner and under the regulations provided by
ch. 67; provided that the facilities of such memorial are made available to the residents of the governmental unit making such appropriation to the extent that the governing body of the governmental unit may require.
45.055 History
History: 1985 a. 29.
