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.
45.04(6)
(6) Disclosure of monetary benefits. The department shall disclose, to any person who requests, the amount of any payment, grant, or loan made by the department to any applicant. A person seeking this information shall be required to sign a statement setting forth the person's name and address and the reason for making the request and certifying that the person will not use the information obtained for commercial or political purposes.
45.04(7)
(7) Disclosure of loan status information. The department may disclose to a consumer reporting agency, as defined in
15 USC 1681a (f), the current repayment status of, the balances due on, and other relevant information pertaining to department loans that is readily accessible on any loans on which balances are due and owing the department. The department may charge consumer reporting agencies an amount sufficient to cover all the costs of preparation and delivery of the information.
45.04(8)
(8) Disclosure of other information. Except as provided in
subs. (2) to
(6), all files, records, reports, papers, and documents pertaining to applications for benefits from the department, and information contained in them, may be released by the department or service office only under rules of the department. The rules shall provide for the furnishing of information required under
sub. (7) and for official purposes by any agency of the U.S. government, by any agency of this state, by any law enforcement, social services, or human services agency of any Wisconsin county, or by members of the state senate and assembly. The rules shall otherwise provide for release of personal information pertaining to or contained in any application for benefits, whether pending or adjudicated, only when authorized in writing by the applicants or when necessary to assist applicants in securing veterans benefits that the applicants may be entitled to or when necessary for the efficient management of loans made by the department.
45.04 History
History: 2005 a. 22.
45.05
45.05
Registration of certificate of discharge. Every person who has served in the U.S. armed forces at any time, and who has been honorably discharged or given a certificate of service or relieved from active service may record with the register of deeds of any county, in a suitable book provided by the county for that purpose, a certificate of discharge or release. The certificate shall be accessible only to the discharged person or that person's dependents or duly authorized representative, as defined in
s. 45.04 (1) (a), the county veterans service officer, the department, or any person with written authorization from the discharged person or that discharged person's dependents. The register of deeds may not charge for recording, except that in counties where the register of deeds is under the fee system and not paid a fixed salary, the county shall pay the fee specified in
s. 59.43 (2) (ag). The record of any certificate of discharge or release made prior to July 6, 1919, is legalized.
45.05 History
History: 2005 a. 22.
45.06(1)(1) It shall be unlawful for any person to receive or accept as a security or to withhold from a veteran or a person who was honorably discharged from the U.S. armed forces any discharge paper, citation, warrant, medal, badge, or evidence upon which the 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 item during the life of the veteran upon a consideration or otherwise shall be null and void, and the refusal or willful neglect of any person to return or deliver upon demand the discharge paper, citation, warrant, medal, badge, or evidence is punishable as provided in
sub. (2).
45.06(2)
(2) Any person who violates this section shall be fined not more than $100 or imprisoned for not more than 6 months, or both.
45.06 History
History: 2005 a. 22.
45.07
45.07
Wisconsin Veterans Museum. 45.07(1)
(1) The department of administration shall provide suitable space for the purpose of a memorial hall, designated as the Wisconsin Veterans Museum, dedicated to the veterans of Wisconsin and to the men and women of Wisconsin who served in the armed forces of the United States during the civil war of 1861 to 1865 and during any subsequent period. The department of veterans affairs shall operate 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.
45.07(2)
(2) 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:
45.07(2)(a)
(a) Catalog and identify all war relics and mementos of the memorial collection.
45.07(2)(b)
(b) Restore, preserve, and safeguard the relics and mementos of the memorial collection.
45.07(2)(c)
(c) Procure additions to the memorial collection.
45.07(2)(d)
(d) Provide proper display equipment and display the memorial collection to make it instructive and attractive to visitors.
45.07 History
History: 2005 a. 22.
45.07 Cross-reference
Cross Reference: See also ch.
VA 5, Wis. adm. code.
45.08
45.08
Memorial Day. 45.08(1)(1) Every department and agency of the state government, every court of the state, and every political subdivision of the state, shall give a leave of absence with pay for the last Monday in May of each year, the day of celebration for May 30, Memorial Day, to every person in the employ of the state or political subdivision who has at any time served in and been honorably discharged from the U.S. armed forces or from forces incorporated as part of the U.S. armed forces. A refusal to give the leave of absence to a person entitled to the leave constitutes neglect of duty.
45.08(2)
(2) If the nature of the duties of the department, agency, court, or political subdivision necessitates the employment of persons eligible for a leave of absence under
sub. (1), the department, agency, court, or political subdivision shall arrange and assign the necessary work so as to permit the largest possible numbers of eligible persons to have a leave of absence either all or part of Memorial Day.
45.08 History
History: 2005 a. 22.
EDUCATION AND TRAINING
45.20
45.20
Tuition reimbursement. 45.20(1)
(1)
Definitions. In this section:
45.20(1)(c)
(c) "Part-time classroom study" means any of the following:
45.20(1)(c)1.
1. Enrollment in courses for which no more than 11 semester or the equivalent trimester or quarter credits will be given upon satisfactory completion.
45.20(1)(c)2.
2. Enrollment in courses during a summer semester or session.
45.20(1)(d)
(d) "Tuition," when referring to the University of Wisconsin System, means academic fees and segregated fees; when referring to the technical colleges, means "program fees" and "additional fees" as described in
s. 38.24 (1m) and
(1s); and when referring to a high school, a school that is approved under
s. 45.03 (11), or a proprietary school that is approved under
s. 38.50, means the charge for the courses for which a person is enrolled.
45.20(2)
(2) Tuition reimbursement program. 45.20(2)(a)1.1. The department shall administer a tuition reimbursement program for eligible veterans enrolling as undergraduates in any institution of higher education in this state, enrolling in a school that is approved under
s. 45.03 (11), enrolling in a proprietary school that is approved under
s. 38.50, enrolling in a public or private high school, or receiving a waiver of nonresident tuition under
s. 39.47.
45.20(2)(a)2.
2. A veteran who is a resident of this state and otherwise qualified to receive benefits under this subsection may receive the benefits under this subsection upon the completion of any correspondence courses or part-time classroom study from an institution of higher education located outside this state, from a school that is approved under
s. 45.03 (11), or from a proprietary school that is approved under
s. 38.50, if any of the following applies:
45.20(2)(a)2.a.
a. The part-time classroom study is not offered within 50 miles of the veteran's residence by any school or institution under this paragraph and the educational institution from which the study is offered is located not more than 50 miles from the boundary line of this state.
45.20(2)(b)1.1. A veteran is eligible for the tuition reimbursement program if he or she meets all of the following criteria:
45.20(2)(b)1.a.
a. The annual income of the veteran and his or her spouse does not exceed $50,000 plus $1,000 for each dependent in excess of 2 dependents.
45.20(2)(b)1.b.
b. The veteran applies for the program for courses begun within 10 years after separation from the service. This
subd. 1. b. does not apply to a veteran who is applying for reimbursement for up to 60 credits of part-time classroom study courses.
45.20(2)(b)1.c.
c. The veteran is a resident at the time of application for the program and was a Wisconsin resident at the time of entry into service or was a resident for any consecutive 12-month period after entry into service and before the date of his or her application. If a person applying for a benefit under this subsection meets the 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.
45.20(2)(b)2.
2. In determining eligibility under this subsection, the department shall verify all reported income amounts.
45.20(2)(b)3.
3. A veteran is not eligible under this program if the veteran has an undergraduate degree from any institution of higher education.
45.20(2)(c)1.1. A veteran who meets the eligibility requirements under
par. (b) 1. may be reimbursed upon satisfactory completion of an undergraduate semester in any institution of higher education in this state, or upon satisfactory completion of a course at any school that is approved under
s. 45.03 (11), any proprietary school that is approved under
s. 38.50, any public or private high school, or any institution from which the veteran receives a waiver of nonresident tuition under
s. 39.47. Except as provided in
par. (e), the amount of reimbursement may not exceed the total cost of the veteran's tuition minus any grants or scholarships that the veteran receives specifically for the payment of the tuition, or, if the tuition is for an undergraduate semester in any institution of higher education, the standard cost of tuition for a state resident for an equivalent undergraduate semester at the University of Wisconsin-Madison, whichever is less.
45.20(2)(c)2.
2. An application for reimbursement of tuition under this subsection shall meet all of the following requirements:
45.20(2)(c)2.a.
a. Be completed and received by the department no later than 60 days after the completion of the semester or course. The department may accept an application received more than 60 days after the completion of the semester or course if the applicant shows good cause for the delayed receipt.
45.20(2)(c)2.b.
b. Contain the information necessary to establish eligibility as determined by the department.
45.20(2)(c)2.c.
c. Be on the application form established by the department.
45.20(2)(c)2.d.
d. Contain the signatures of both the applicant and a representative of the institution or school certifying that the applicant has satisfactorily completed the semester.
45.20(2)(c)3.
3. Reimbursement provided under this subsection shall be paid from the appropriation under
s. 20.485 (2) (tf). If the amount of funds applied for exceeds the amount available under
s. 20.485 (2) (tf), the department may reduce the reimbursement percentage, except to disabled veterans who are eligible for 100 percent of tuition and fees under
par. (e), or deny applications for reimbursement that would otherwise qualify under this subsection. In those cases, the department shall determine the reimbursement percentage, except to disabled veterans who are eligible for 100 percent of tuition and fees under
par. (e), and eligibility on the basis of the dates on which applications for reimbursement were received.
45.20(2)(c)4.
4. Reimbursement of tuition and fees for a course may be provided at an institution or school under this paragraph other than the one from which the veteran is receiving his or her degree or certificate of graduation or course completion if all of the following apply:
45.20(2)(c)4.a.
a. The curriculum at the institution or school consists only of courses necessary to complete a degree in a particular course of study.
45.20(2)(c)4.b.
b. The course is accepted as transfer credits at the institution or school listed under this paragraph from which the veteran is receiving his or her degree but is not available at that institution or school.
45.20(2)(d)1.1. A veteran's eligibility for reimbursement under this subsection at any institution of higher education in this state, at a school that is approved under
s. 45.03 (11), at a proprietary school that is approved under
s. 38.50, at a public or private high school, or at an institution where he or she is receiving a waiver of nonresident tuition under
s. 39.47 is limited to the following:
45.20(2)(d)1.a.
a. If the veteran served on active duty, except service on active duty for training purposes, for 90 to 180 days, the veteran may be reimbursed for a maximum of 30 credits or 2 semesters, or an equivalent amount of credits or semesters if at a school other than an institution of higher education.
45.20(2)(d)1.b.
b. If the veteran served on active duty, except service on active duty for training purposes, for 181 to 730 days, the veteran may be reimbursed for a maximum of 60 credits or 4 semesters, or an equivalent amount of credits or semesters if at a school other than an institution of higher education.
45.20(2)(d)1.c.
c. If the veteran served on active duty, except service on active duty for training purposes, for more than 730 days, the veteran may be reimbursed for a maximum of 120 credits or 8 semesters, or an equivalent amount of credits or semesters if at a school other than an institution of higher education.
45.20(2)(d)2.
2. The department may provide reimbursement under this subsection to a veteran who is delinquent in child support or maintenance payments or who owes past support, medical expenses or birth expenses, as established by appearance of the veteran's name on the statewide support lien docket under
s. 49.854 (2) (b), only if the veteran provides the department with one of the following:
45.20(2)(d)2.a.
a. A repayment agreement that the veteran 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.
45.20(2)(d)2.b.
b. A statement that the veteran is not delinquent in child support or maintenance payments and does not owe past support, medical expenses or birth expenses, signed by the department of workforce development or its designee within 7 working days before the date of the application.
45.20(2)(d)3.
3. A veteran may not receive reimbursement under this subsection for any semester in which he or she is eligible for or received a grant under
s. 21.49 or under
10 USC 2007.
45.20(2)(d)4.
4. A veteran may not receive reimbursement under this subsection for any semester in which the veteran fails to receive at least a 2.0 grade point average or an average grade of "C".
45.20(2)(e)
(e)
Disabled veteran eligibility. A disabled veteran who meets the requirements under this subsection 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 if the tuition and fees are for an undergraduate semester in any institution of higher education.
45.20(2)(f)
(f)
Reporting requirements. The department shall promulgate a rule that establishes the number of days after the commencement of an academic term that begins after December 31, 2005, by which a veteran who will be seeking reimbursement under this section must provide the department with all of the following information:
45.20(2)(f)2.
2. The educational institution the veteran is attending.
45.20(2)(f)3.
3. Whether the veteran is enrolled full-time or part-time at the educational institution.
45.20(2)(f)4.
4. An estimate of the amount of tuition reimbursement that the veteran will claim at the end of the academic term.
45.20 History
History: 2005 a. 22,
25.
45.20 Cross-reference
Cross Reference: See also ch.
VA 2, Wis. adm. code.
