45.03(4)(e)
(e) The department shall employ mobile claims officers in each of the department's regions. The mobile claims officers shall provide claims and benefit assistance to veterans. The mobile claims officers shall coordinate that claims and benefit assistance with the appropriate county veterans service officers to maximize the level of assistance and benefits provided to veterans.
45.03(5)
(5) Department powers to provide structures, facilities, and permanent improvements. 45.03(5)(a)(a) In this subsection, unless the context requires otherwise:
45.03(5)(a)1.
1. "Existing building" in relation to any conveyance, lease, or sublease made under
par. (c) 1. means all detention, treatment, administrative, recreational, infirmary, hospital, vocational, and academic buildings; all dormitories and cottages; all storage facilities, heating plants, sewage disposal plants, and other buildings, structures, facilities, and permanent improvements that in the judgment of the board are needed or useful for the purposes of the department, and all equipment for them and all improvements and additions to them that were erected, constructed, or installed prior to the making of the conveyance, lease, or sublease.
45.03(5)(a)2.
2. "New building" in relation to any conveyance, lease, or sublease made under
par. (c) 1. means all detention, treatment, administrative, recreational, infirmary, hospital, vocational, and academic buildings; all dormitories and cottages; all storage facilities, heating plants, sewage disposal plants, and other buildings, structures, facilities, and permanent improvements as in the judgment of the board are needed or useful for the purposes of the department, and all equipment for them and all improvements and additions to them that are erected, constructed, or installed after the making of the conveyance, lease, or sublease.
45.03(5)(a)3.
3. "Nonprofit corporation" means a nonstock corporation that is organized under
ch. 181 and that is a nonprofit corporation, as defined in
s. 181.0103 (17).
45.03(5)(b)
(b) The department may acquire by gift, purchase, or condemnation property for the purposes of providing a headquarters and museum building for the department.
45.03(5)(c)1.1. To provide new buildings and to enable the construction and financing of new buildings, to refinance indebtedness created by a nonprofit corporation for the purpose of providing a new building or buildings or additions or improvements to a new building that is located on land owned by, or owned by the state and held for, the department or on lands of the institutions under the jurisdiction of the department or by the nonprofit corporation, or for any one or more of these purposes, the department has the following powers and duties:
45.03(5)(c)1.a.
a. Without limitation by reason of any other provisions of the statutes except
s. 16.848, unless otherwise required by law, the power to sell and to convey title in fee simple to a nonprofit corporation any land and any existing buildings owned by the state that are under the jurisdiction of the department for the consideration and upon the terms and conditions as in the judgment of the board are in the public interest.
45.03(5)(c)1.b.
b. Unless otherwise required by law, the power to lease to a nonprofit corporation for a term or terms not exceeding 50 years each any land and any existing buildings owned by the state that are under the jurisdiction of the department upon the terms and conditions as in the judgment of the board are in the public interest.
45.03(5)(c)1.c.
c. The power to lease or sublease from the nonprofit corporation, and to make available for public use, any land, or any land and existing buildings conveyed or leased to such nonprofit corporation under
subd. 1. a. and
b., and any new buildings erected upon such land or upon any other land owned by the nonprofit corporation, upon the terms, conditions, and rentals, subject to available appropriations, as in the judgment of the board are in the public interest.
45.03(5)(c)1.d.
d. The duty to submit the plans and specifications for all new buildings to the building commission for approval whenever required by law and to submit plans and specifications for all new buildings and all conveyances, leases, and subleases made under this subsection to the department of administration and the governor for written approval before they are finally adopted, executed, and delivered.
45.03(5)(c)1.e.
e. The power to pledge and assign all or any part of the revenues derived from the operation of any land or new buildings as security for the payment of rentals due and to become due under any lease or sublease of new buildings under
subd. 1. c.
45.03(5)(c)1.f.
f. The power to covenant and agree in any lease or sublease of any land or new buildings made under
subd. 1. c. to impose fees, rentals, or other charges for the use and occupancy or other operation of new buildings in an amount calculated to produce net revenues sufficient to pay the rentals due and to become due under the lease or sublease.
45.03(5)(c)1.g.
g. The power to apply all or any part of the revenues derived from the operation of any land or existing buildings to the payment of rentals due and to become due under any lease or sublease made under
subd. 1. c.
45.03(5)(c)1.h.
h. The power to pledge and assign all or any part of the revenues derived from the operation of any land or existing buildings to the payment of rentals due and to become due under any lease or sublease made under
subd. 1. c.
45.03(5)(c)1.i.
i. The power to covenant and agree in any lease or sublease made under
subd. 1. c. to impose fees, rentals, or other charges for the use and occupancy or other operation of any land or existing buildings in an amount calculated to produce net revenues sufficient to pay the rentals due and to become due under the lease or sublease.
45.03(5)(c)1.j.
j. The power and duty, upon receipt of notice of any assignment by any nonprofit corporation of any lease or sublease made under
subd. 1. c., or of any of its rights under any sublease, to recognize and give effect to the assignment, and to pay to the assignee rentals or other payments then due or that may become due under any lease or sublease that has been assigned by the nonprofit corporation.
45.03(5)(c)2.
2. The state shall be liable for accrued rentals and for any other default under any lease or sublease made under
subd. 1. c., and may be sued for the accrued rentals or other default on contract as in other contract actions under
ch. 775, except that the lessor under the lease or sublease or any assignee of the lessor or any person or other legal entity proceeding on behalf of the lessor is not required to file any claim with the legislature prior to the commencement of the action.
45.03(5)(c)3.
3. Nothing in this subsection empowers the board or the department to incur any state debt.
45.03(5)(c)4.
4. All powers and duties conferred upon the board or the department under this subsection shall be exercised and performed by resolution of the board. All conveyances, leases, and subleases made under this subsection, when authorized by resolution of the board, shall be made, executed, and delivered in the name of the department and shall be signed by the secretary and sealed with the seal of the department.
45.03(5)(c)5.
5. All laws, conflicting with any provisions of this subsection, are, insofar as they conflict with this section and no further, superseded by this subsection.
45.03(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; and educational, economic, or vocational rehabilitation of veterans. In particular, the department 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.
45.03(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.
45.03(8)
(8) Minors' execution of documents; benefits exempt from execution. 45.03(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 the notes, mortgages, contracts, and conveyances are not subject to the defense of infancy.
45.03(8)(b)
(b) The benefits and aid provided under s.
45.20 (3) and
s. 45.40 are not assignable and are exempt from garnishment and execution.
45.03 Note
NOTE: There is no s. 45.20 (3).
45.03(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 those veterans who have filed claims for federal rehabilitation benefits and during the pendency of the claims. If the claims are allowed and federal reimbursement is made to the state, the money shall be paid into the veterans trust fund.
45.03(10)
(10) Training and employment of veterans. The department, in cooperation with the department of workforce development and state selective service administration and any other federal, state, or local agency, shall formulate and carry out plans for the training and employment of veterans.
45.03(11)
(11) Approval agency for veterans training. 45.03(11)(a)(a) Except as provided in
par. (b), the department shall be the state approval agency for the education and training of veterans and other eligible persons. The department shall approve and supervise schools and courses of instruction for the training of veterans and eligible persons under
38 USC 3670, and may enter into and receive money under contracts with the U.S. department of veterans affairs or other appropriate federal agencies.
45.03(11)(b)
(b) The governor may designate the following agencies for approval and supervision of special phases of the program of veterans education:
45.03(11)(b)1.
1. On-the-job and apprenticeship training program, the department of workforce development.
45.03(11)(b)2.
2. On-the-farm training program, the technical college system board.
45.03(11)(b)3.
3. Funeral directors apprentices, the funeral directors examining board.
45.03(12)(a)(a) The department may receive gifts and bequests in its name for the benefit of Wisconsin veterans and their dependents in accordance with policies adopted by the board. Moneys received shall be credited to the veterans trust fund.
45.03(12)(b)
(b) The department may receive moneys or other gifts and bequests in its name for the benefit of the Wisconsin Veterans Museum. Moneys received shall be credited to the veterans trust fund and used, as far as practicable, in accordance with the wishes of the donors and in accordance with the board's policies.
45.03(13)
(13) Additional duties. The department shall do all the following:
45.03(13)(a)
(a) Assist in the coordination of the state, county, municipal, and private activities relating to veterans housing.
45.03(13)(b)
(b) Cooperate with any federal departments, agencies, and independent establishments relating to veterans housing, benefits, priorities, and finances.
45.03(13)(c)
(c) Assist any housing authority, municipality, or private enterprise engaged in supplying veterans housing in the acquisition of materials, finances, legal aid, and compliance with federal regulations.
45.03(13)(d)
(d) Utilize the services and facilities of state agencies and county veterans service officers, including legal services furnished to the department by the department of justice.
45.03(13)(e)
(e) Provide county veterans service officers with the information provided to the department by the adjutant general under
s. 21.19 (14) and may provide county veterans service officers with information on all necessary military points of contact and general deployment information for reserve units of the U.S. armed forces.
45.03(13)(j)
(j) Provide grants to eligible persons who administer a program to identify, train, and place volunteers at the community level who will assist national guard members, members of the U.S. armed forces or forces incorporated in the U.S. armed forces, and their spouses and dependents, who return to this state after serving on active duty. The department shall make available to the volunteers, veterans, and their spouses and dependents, a packet of information about the benefits that they may be eligible to receive from the state or federal government. This paragraph does not apply after June 30, 2007.
45.03(13)(k)
(k) Provide $117,300 in 2005-06 and $117,300 in 2006-07 to a housing authority in a 1st class city in a county with a population of at least 500,000 to supplement the housing costs of chronically homeless veterans and their families if the housing authority does all of the following:
45.03(13)(k)1.
1. Provides evidence that the money will be used to provide multi-family housing for individuals and families that contain at least one veteran who has been chronically homeless.
45.03(13)(k)2.
2. Uses at least 50 percent of the money for supplementing temporary privately owned rental housing costs and the remainder for subsidizing public rental housing costs.
45.03(13)(k)3.
3. In coordination with the department, submits reports to the legislature under
s. 13.172 (2) and to the governor by August 15, 2006, and August 15, 2007, that contain the following information related to the money received in the previous fiscal year:
45.03(13)(k)3.c.
c. The amount of the supplement and time that the supplement was provided to each veteran's household.
45.03(13)(k)3.d.
d. The housing status of the assisted veteran's household at the time the supplement ended.
45.03(13)(k)3.e.
e. Any other information that the department considers necessary to evaluate the program.
45.03(14)
(14) Liberal construction intended. This chapter shall be construed as liberally as the language permits in favor of applicants.
45.03(15)
(15) 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 installments and waiver of interest charges on veterans loans made under this chapter, showing that the ability of the 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 installments 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 the same 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. 45.37 only when so required by federal law.
45.03(16)
(16) Application requirements and penalties. 45.03(16)(a)(a) If the department finds that an applicant for benefits from the department has willfully made or caused to be made, or conspired, assisted in, agreed to, arranged for, or in any way procured the making of a false or fraudulent affidavit, declaration, certificate, statement, or other writing, it may suspend all benefits available to the applicant from the department under this chapter.
45.03(16)(b)
(b) Any person who, with the intent to secure any benefits under this chapter for personal benefit or for others, willfully makes or causes to be made, or conspires, assists in, agrees to, arranges for, or in any way 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. The fine or imprisonment may be imposed in addition to the penalty provided in
par. (a).
45.03(16)(c)1.1. As used in this paragraph, "fair consideration" means the exchange of property, assets, or obligations for a fair equivalent, in an amount not disproportionately small or large compared to the value of the property, assets, or obligations, as reflected in similar market transactions.
45.03(16)(c)2.
2. The department shall declare immediately due and payable any loan made after July 29, 1979, under a program administered by the department under
s. 45.40 or
subch. III, if it finds that the loan was granted to an ineligible person due to any of the following circumstances:
45.03(16)(c)2.a.
a. The applicant did not report income amounts as required on the loan application.
45.03(16)(c)2.b.
b. The applicant did not make the disclosures required under
subd. 3. a.,
b., or
c. on the loan application.
45.03(16)(c)2.c.
c. The applicant transferred assets or liabilities or incurred liabilities for less than fair consideration with the intent to qualify for and secure the loan.
45.03(16)(c)3.
3. Loan application forms processed by the department for programs administered under
s. 45.40 or
subch. III shall do all of the following:
45.03(16)(c)3.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 those transferred assets to be assets of the applicant.
45.03(16)(c)3.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 these liabilities to be liabilities of the applicant.
45.03(16)(c)3.c.
c. Require disclosure of all liabilities transferred by the applicant within one year immediately prior to the loan application date. The 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.
45.03(16)(c)3.d.
d. Contain notification of the penalties provided for in this subsection.
45.03(16)(c)4.
4. The department shall incorporate the payment acceleration requirements of
subd. 2. in all loan documents for programs administered by the department under
s. 45.40 or
subch. III.
45.03(17)
(17) 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.
45.356, 1995 stats., or s.
45.80, 1989 stats., in the veterans trust fund.
45.03(18)
(18) Collections. The department may enter into contracts to collect delinquent loan payments owed to the department. The department may allocate a portion of the amounts collected under the contracts to pay contract costs. Notwithstanding the provisions of
s. 45.04, the department may release information contained in its files pertaining to applications for benefits to contractors providing collection services to the department.
45.03(19)
(19) Loan guarantee. The department may provide a loan guarantee for multifamily transitional housing for homeless veterans.
45.03(20)
(20) Transfer of funds to the veterans trust fund. If the balance in the appropriation account under
s. 20.485 (1) (gk) is in excess of the amount needed for the care of the members of the Wisconsin veterans homes under
s. 45.50 and the payment of stipends under
s. 45.50 (9) during fiscal year 2006-07, the department may transfer the excess moneys to the veterans trust fund. The amount transferred under this subsection may not exceed $16,000,000.
45.03 History
History: 2005 a. 22,
25,
468.
45.04
45.04
Release of information and records. 45.04(1)
(1)
Definitions. In this section:
45.04(1)(a)
(a) "Duly authorized representative" means any person authorized in writing by the veteran to act for the veteran, the veteran's guardian if the veteran is adjudicated incompetent, or a legal representative if the veteran is deceased. Where for proper reason no representative has been or will be appointed, the veteran's spouse, an adult child, or, if the veteran is unmarried, either parent of the veteran shall be recognized as the duly authorized representative.
45.04(1)(b)
(b) "Service office" means a county veterans service office.
45.04(2)
(2) Separation documents. Separation documents and copies of separation documents evidencing service in the armed forces of the U.S. are confidential and privileged. Examination of these records in the possession of the department or service office is limited to authorized employees of the department or service office and information entered in these records may be disclosed only to veterans and their duly authorized representatives or to interested governmental agencies for the purpose of assisting veterans and their dependents to obtain the rights and benefits to which they may be entitled.
45.04(3)
(3) U.S. department of veterans affairs records. Records and papers in the possession of the department or service office that are released to the department or service office by the U.S. department of veterans affairs or that contain information provided by the U.S. department of veterans affairs are confidential. Release of information from these records or papers may be made only under regulations of the U.S. department of veterans affairs.
45.04(4)
(4) Investigation. All reports of investigation made by employees of the department or at the direction of the department for official departmental purposes are only for the use of the secretary and staff. Materials and information that disclose the investigative techniques of the department or the identity of confidential informants and material received in confidence by representatives of the department may not be released.
45.04(5)
(5) Vital records. The service office may obtain a copy of a vital record under
s. 69.30 (2) and may transmit the copy to the department or to the U.S. department of veterans affairs to assist a veteran or his or her dependent in obtaining a benefit.
