SB291: Bill Text

1999 Senate BILL 291

November 17, 1999 - Introduced by Senators Moen, Plache, Burke, Breske, Grobschmidt, Drzewiecki, Baumgart, Fitzgerald, Welch, Roessler, Wirch and Darling, cosponsored by Representatives Musser, Ladwig, Turner, J. Lehman, Ryba, Albers, Plouff, Riley, Boyle, Hundertmark, Pettis, Gronemus, Hahn and Gunderson, by request of Wisconsin Department of Veterans Affairs. Referred to Committee on Health, Utilities, Veterans and Military Affairs.

SB291,2,4 An Act to repeal 45.37 (8), 45.71 (9) (a) and (b), 45.73 (title), 45.73 (2), 45.74 (3), 45.74 (5), 45.745 (3), 45.745 (5), 45.76 (3) (a) 2., 45.79 (2) (c), 45.79 (3) (a) 2. and 45.85; to renumber 45.73 (1); to renumber and amend 45.71 (9) (intro.) and 45.79 (3) (a) 1.; to consolidate, renumber and amend 45.76 (3) (a) (intro.) and 1.; to amend 16.96 (2) (f), 20.485 (1) (title), 20.485 (1) (gk), 20.485 (1) (go), 20.485 (1) (h), 20.485 (1) (i), 20.485 (1) (m), 20.485 (1) (mj), 20.485 (1) (mn), 20.485 (1) (t), 20.485 (2) (vo), 20.485 (2) (yn), 25.17 (1) (yv), 25.37, 29.219 (2) (c), 29.563 (3) (a) 8., 40.02 (48) (am), 45.01, 45.365 (title), 45.365 (1) (b) and (d), 45.365 (2a), 45.365 (2b), 45.365 (5), 45.365 (6), 45.37 (1), 45.37 (2) (intro.), 45.37 (2) (a), 45.37 (2) (f), 45.37 (2) (h), 45.37 (4) (a), 45.37 (4) (b), 45.37 (4) (c) (intro.), 45.37 (4) (c) 3., 45.37 (4) (c) 4., 45.37 (9) (c), 45.37 (9) (d), 45.37 (9) (g), 45.37 (9) (h), 45.37 (9c), 45.37 (17), 45.397 (2) (a), 45.71 (7), 45.71 (12) (intro.), 45.74 (intro.), 45.745 (intro.), 45.76 (1) (a) 1., 45.79 (3) (a) (title), 46.27 (1) (b), 46.27 (1) (dr), 46.27 (6) (a) 2. cm., 49.45 (6m) (bg), 50.034 (4), 70.11 (3a) (title), 150.31 (5m), 150.46 (1), 230.36 (1), 230.36 (3) (a) (intro.), 851.09 and 880.60 (4); to repeal and recreate 45.365 (1) (a); and to create 45.35 (19), 45.365 (1) (am), 45.37 (18) and 45.71 (6m) of the statutes; relating to: veterans benefits, facilities and institutions.

Analysis by the Legislative Reference Bureau

Under current law, the department of veterans affairs (DVA) has authority to construct and operate residential, treatment and nursing care facilities in southeastern Wisconsin. DVA also has authority to employ staff necessary to manage those facilities. This bill adds the language necessary in the statutes to implement this authority and to treat persons residing in the southeastern facilities in the same manner as those residents of the facilities at King.

The bill provides that members of the veterans facility in southeastern Wisconsin are considered residents of the town of Dover and Racine County for state revenue sharing purposes. The bill allows federal money received for the care of veterans to be used for veterans admitted to the home at King and at the veterans facilities in southeastern Wisconsin. The bill applies the Wisconsin veterans home members fund to veterans at King and at other veterans facilities. Under the bill, veterans in any facility operated by DVA are eligible for an annual fishing license without charge, as is currently done only for veterans in the home at King. The bill allows the fire department at the southeastern facility to respond to emergency fire calls beyond the confines of the southeastern facility, as is currently allowed for the fire department at the home at King. The bill makes the nursing care facility at the southeastern facility subject to the regulation of nursing homes to the same extent as the home at King. The bill creates the same membership and eligibility criteria for the southeastern facility as are required for the home at King, except that eligibility to all of the southeastern facilities, other than the nursing care facility, is limited to persons who have sufficient income and resources to pay for the costs at the facility.

The bill authorizes DVA to enter into contracts to collect delinquent veterans' loans payments. The bill gives DVA the authority to release information about a veteran that is otherwise confidential to contractors providing collection services.

Currently, a veteran enrolled in a training course at a technical college or engaged in on-the-job training who meets other eligibility requirements is eligible for a retraining grant of up to $3,000. This bill adds proprietary schools, other than those offering four-year programs, to the schools a veteran may attend.

Currently, a veteran may not receive a veterans housing loan if the total cost of the housing, including a garage but excluding land and other nonhousing improvements, exceeds twice the veteran's annual income or if the total cost of the housing including a garage, land and other nonhousing improvements, exceeds 2.5 times the veteran's annual income. This eligibility limit is removed by this bill. Currently, a loan may not be granted if the total cost of the property exceeds the property's market value. Under this bill, a loan may be granted in these situations if the borrower pays the amount that the property exceeds the property's market value as part of his or her down payment.

Under current law, DVA uses veterans trust fund moneys to defray the cost of the annual convention, operations and publications of the veterans of World War I. Under this bill, those moneys are used to defray the cost of publications, exhibits and other educational material regarding the veterans of World War I prepared by the Wisconsin veterans museum staff.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB291, s. 1 Section 1. 16.96 (2) (f) of the statutes is amended to read:

SB291,3,7 16.96 (2) (f) Persons who are members in the Wisconsin veterans home Veterans Home at King shall be considered residents of the town of Farmington and of Waupaca county County and persons who are members in the Wisconsin veterans facility in southeastern Wisconsin shall be considered residents of the town of Dover and of Racine County for purposes of the state revenue sharing distribution under subch. II I of ch. 79.

SB291, s. 2 Section 2. 20.485 (1) (title) of the statutes, as affected by 1999 Wisconsin Act 9, is amended to read:

SB291,3,10 20.485 (1) (title) Home Homes and facilities for veterans.

SB291, s. 3 Section 3. 20.485 (1) (gk) of the statutes, as affected by 1999 Wisconsin Act 9, is amended to read:

SB291,3,16 20.485 (1) (gk) Institutional operations. The amounts in the schedule for the care of the Wisconsin Veterans Home at King and veterans facilities. All moneys received under par. (m) and s. 45.37 (9) (d) and (9d) shall be credited to this appropriation.

SB291, s. 4 Section 4. 20.485 (1) (go) of the statutes is amended to read:

SB291,4,10 20.485 (1) (go) Self-amortizing housing facilities; principal repayment and interest. From the moneys received for providing housing services at the Wisconsin Veterans Home at King and the Wisconsin veterans facility in southeastern Wisconsin, a sum sufficient to reimburse s. 20.866 (1) (u) for the principal and interest costs incurred in acquiring, constructing, developing, enlarging or improving housing facilities at the Wisconsin Veterans Home at King and the Wisconsin veterans facility in southeastern Wisconsin and to make the payments determined by the building commission under s. 13.488 (1) (m) that are attributable to the proceeds of obligations incurred in financing such facilities.

SB291, s. 5 Section 5. 20.485 (1) (h) of the statutes is amended to read:

SB291,4,14 20.485 (1) (h) Gifts and bequests. All moneys received under s. 45.37 (10) and (11), or any moneys received by gifts or bequests, to carry out the purposes of ss. 45.365 and, 45.37 and 45.385.

SB291, s. 6 Section 6. 20.485 (1) (i) of the statutes is amended to read:

SB291,4,20 20.485 (1) (i) State-owned housing maintenance. The amounts in the schedule for maintenance of state-owned housing at the Wisconsin veterans home Veterans Home at King and veterans facility in southeastern Wisconsin. All moneys received by the department from rentals of state-owned housing shall be credited to this appropriation account.

SB291, s. 7 Section 7. 20.485 (1) (m) of the statutes is amended to read:

SB291,5,2 20.485 (1) (m) Federal aid; care at veterans home and facilities. All moneys received from the federal government for care of veterans of any war or military expedition of the United States who have been admitted to and cared for at the Wisconsin veterans home Veterans Home at King and veterans facilities. The net revenues accruing under this paragraph shall be credited to the appropriation under par. (gk).

SB291, s. 8 Section 8. 20.485 (1) (mj) of the statutes is amended to read:

SB291,5,6 20.485 (1) (mj) Federal aid; geriatric unit. All moneys received from the federal government for the geriatric program at the Wisconsin veterans home Veterans Home at King and veterans facilities, to carry out the purpose of s. 45.365 (1) (d).

SB291, s. 9 Section 9. 20.485 (1) (mn) of the statutes is amended to read:

SB291,5,11 20.485 (1) (mn) Federal projects. All moneys received from the federal government for specific veterans programs other than for the care of veterans at the Wisconsin veterans home Veterans Home at King and veterans facilities, for such purposes.

SB291, s. 10 Section 10. 20.485 (1) (t) of the statutes is amended to read:

SB291,5,16 20.485 (1) (t) Veterans home homes and facilities member accounts. From the Wisconsin veterans home Veterans Home at King and veterans facilities members fund, all moneys received under s. 25.37 to make payments as provided under s. 45.37 (9c), (10) and (11).

SB291, s. 11 Section 11. 20.485 (2) (vo) of the statutes is amended to read:

SB291,5,21 20.485 (2) (vo) Veterans of World War I. The amounts in the schedule to help defray the cost of the annual convention, operations and publications of the, exhibits and other educational material prepared by the staff of the Wisconsin veterans museum relating to veterans of World War I.

SB291, s. 12 Section 12. 20.485 (2) (yn) of the statutes is amended to read:

SB291,6,8 20.485 (2) (yn) Veterans trust fund loans and expenses. Biennially, the amounts in the schedule for the purpose of providing loans under s. 45.356 and for the payment of expenses and other payments as a consequence of being a mortgagee or owner under home improvement loans made under s. 45.79 (7) (c), 1997 stats. or under s. 45.351 (2), 1995 stats., s. 45.352, 1971 stats., s. 45.80, 1989 stats., and s. 45.356. All moneys received under ss. 45.356 (9) (a) and (b) and 45.79 (7) (c) for the purpose of providing loans under the personal loan program under s. 45.356 shall be credited to this appropriation account. All payments of interest and repayments of principal for loans made under s. 45.351 (2), 1995 stats., s. 45.352, 1971 stats., s. 45.80, 1989 stats., and s. 45.356 and s. 45.79 (7) (c), 1997 stats. shall revert to the veterans trust fund.

SB291, s. 13 Section 13. 25.17 (1) (yv) of the statutes is amended to read:

SB291,6,11 25.17 (1) (yv) Wisconsin veterans home Veterans Home at King and veterans facilities members fund (s. 25.37);

SB291, s. 14 Section 14. 25.37 of the statutes is amended to read:

SB291,6,19 25.37 Wisconsin veterans home facilities members fund. There is established a separate nonlapsible trust fund designated as the Wisconsin veterans home facilities members fund. The fund shall consist of moneys belonging to persons residing in Wisconsin veterans facilities, including members of the Wisconsin veterans home Veterans Home at King, that are paid to the home and veterans facilities and that are transferred into the fund by the department of veterans affairs under s. 45.37 (9c).

SB291, s. 15 Section 15. 29.219 (2) (c) of the statutes is amended to read:

SB291,6,23 29.219 (2) (c) A resident annual fishing license issued to any resident who is a member of the Wisconsin Veterans Home at King or at the facilities operated by the department of veterans affairs under s. 45.385 shall be issued at no charge.

SB291, s. 16 Section 16. 29.563 (3) (a) 8. of the statutes is amended to read:

SB291,7,3 29.563 (3) (a) 8. Annual fishing issued to a resident at Wisconsin Veterans Home at King and at the facilities operated by the department of veterans affairs under s. 45.385: $0.

SB291, s. 17 Section 17. 40.02 (48) (am) of the statutes, as affected by 1999 Wisconsin Act 9, is amended to read:

SB291,7,16 40.02 (48) (am) "Protective occupation participant" includes any participant whose name is certified to the fund as provided in s. 40.06 (1) (d) and (dm) and who is a conservation warden, conservation patrol boat captain, conservation patrol boat engineer, conservation pilot, conservation patrol officer, forest fire control assistant, member of the state traffic patrol, state motor vehicle inspector, police officer, fire fighter, sheriff, undersheriff, deputy sheriff, state probation and parole officer, county traffic police officer, state forest ranger, fire watcher employed by the at Wisconsin veterans home facilities, state correctional-psychiatric officer, excise tax investigator employed by the department of revenue, special criminal investigation agent in the department of justice, assistant or deputy fire marshal, or person employed under s. 61.66 (1).

SB291, s. 18 Section 18. 45.01 of the statutes is amended to read:

SB291,8,2 45.01 Wisconsin veterans museum; space for. 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 meets meet one of the conditions listed in s. 45.35 (5) (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.

SB291, s. 19 Section 19. 45.35 (19) of the statutes is created to read:

SB291,8,9 45.35 (19) 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. 45.36, the department may release information contained in its files pertaining to applications for benefits to contractors providing collection services to the department.

SB291, s. 20 Section 20. 45.365 (title) of the statutes is amended to read:

SB291,8,12 45.365 (title) Wisconsin veterans home Veterans Home at King and southeastern facility; management.

SB291, s. 21 Section 21. 45.365 (1) (a) of the statutes is repealed and recreated to read:

SB291,8,14 45.365 (1) (a) In this section and s. 45.37:

SB291,8,15 1. "Department" means the department of veterans affairs.

SB291,8,16 2. "Home" means the Wisconsin Veterans Home at King.

SB291,8,19 3. "Southeastern facility" means any of the residential, treatment or nursing care facilities operated by the department in southeastern Wisconsin under s. 45.385.

SB291, s. 22 Section 22. 45.365 (1) (am) of the statutes is created to read:

SB291,9,4 45.365 (1) (am) The department shall operate the home, and employ a commandant and the officers, nurses, attendants and other personnel necessary for the proper conduct of the home. In compliance with the compensation plan established pursuant to s. 230.12 (3), the commandant may recommend to the director of personnel charges for meals, living quarters, laundry and other services furnished to employes and members of the employes' family maintained at the home. Complete personal maintenance and medical care to include programs and facilities which promote comfort, recreation, well-being or rehabilitation shall be furnished to all members of the home under the policy of the department.

SB291, s. 23 Section 23. 45.365 (1) (b) and (d) of the statutes are amended to read:

SB291,9,11 45.365 (1) (b) All money received in reimbursement for services to institutional home or southeastern facility employes under par. (a) or in payment for meals served to guests at the institution home or southeastern facility shall be accumulated in an account named "employe maintenance credits" and shall be paid into the general fund within one week after receipt and credited to the appropriation under s. 20.485 (1) (gk).

SB291,9,14 (d) The home and southeastern facility shall include a geriatric evaluation, research and education program. The program staff shall be funded from the appropriations under s. 20.485 (1) (hm), (j) and (mj).

SB291, s. 24 Section 24. 45.365 (2a) of the statutes is amended to read:

SB291,9,21 45.365 (2a) The department may use moneys appropriated pursuant to s. 20.485 (1) (h) to purchase, erect, construct or remodel buildings, and to provide additions and improvements thereto, and to provide equipment therefor and to provide materials, supplies and services necessary for the purposes of the home and southeastern facilities, and for such expenses as may be necessary and incidental to acquisition of property pursuant to s. 45.37 (10) and (11).

SB291, s. 25 Section 25. 45.365 (2b) of the statutes is amended to read:

SB291,9,25 45.365 (2b) The department may accept gifts, bequests, grants or donations of money or of property from private sources to be administered by the department for the purposes of the home and southeastern facility. All moneys so received shall be paid into the general fund and are appropriated therefrom as provided in s. 20.485 (1) (h), except that gifts or grants received specifically for the purposes of the geriatric program at the home and southeastern facility are appropriated as provided in s. 20.485 (1) (hm). The department shall not apply to the gifts and bequests fund interest on certificate of savings deposits for those members who do not receive maximum monthly retained income. The department shall establish for such persons upon their request individual accounts with savings and interest applied pursuant to such member requests.

SB291, s. 26 Section 26. 45.365 (5) of the statutes is amended to read:

SB291,10,12 45.365 (5) The fire department at the home or southeastern facility in response to emergency fire calls may make runs and render fire fighting service beyond the confines of the home or southeastern facility.

SB291, s. 27 Section 27. 45.365 (6) of the statutes is amended to read:

SB291,10,15 45.365 (6) The home is and the nursing care facility within the southeastern facility are subject to ch. 150, as specified in s. 150.46.

SB291, s. 28 Section 28. 45.37 (1) of the statutes is amended to read:

SB291,10,20 45.37 (1) General statement. Within the limitations of the facilities of the home and southeastern facility, the department may admit to membership in the home and southeastern facility persons who meet the qualifications set forth in this section.

SB291, s. 29 Section 29. 45.37 (2) (intro.) of the statutes is amended to read:

SB291,10,23 45.37 (2) Basic eligibility requirements. (intro.) A veteran may be admitted to the home or southeastern facility if the veteran:

SB291, s. 30 Section 30. 45.37 (2) (a) of the statutes is amended to read:

SB291,11,3 45.37 (2) (a) Residence. Was a resident of this state at the time of entering service with the armed forces and is a resident of this state on the date of admission to the home or southeastern facility.

SB291, s. 31 Section 31. 45.37 (2) (f) of the statutes is amended to read:

SB291,11,12 45.37 (2) (f) Financial information. Provides a complete financial statement containing information that the department determines is necessary to evaluate the financial circumstances of the veteran and his or her spouse. The department may require a member of the home or southeastern facility to provide the department with information necessary for the department to determine the financial circumstances of the member and his or her spouse. If a member fails to provide the additional information, the department may discharge the member from the home or southeastern facility.

SB291, s. 32 Section 32. 45.37 (2) (h) of the statutes is amended to read:

SB291,11,16 45.37 (2) (h) Care needs. Has care needs which the home or southeastern facility is able to provide within the resources allocated for the care of members of the home or southeastern facility.

SB291, s. 33 Section 33. 45.37 (4) (a) of the statutes is amended to read:

SB291,11,25 45.37 (4) (a) Order of eligibility of veterans. Applications from veterans except in cases where there is an immediate need for physical care or economic assistance shall be passed upon in order of priority based upon the date of receipt of the application by the home or southeastern facility. Establishment of the priority date of the application may be deferred to the date that the home or southeastern facility is able to verify its ability to provide appropriate care to the applicant or to assure that the appropriate care setting is available within the home or southeastern facility.

SB291, s. 34 Section 34. 45.37 (4) (b) of the statutes is amended to read:

SB291,12,8 45.37 (4) (b) Basis for eligibility of nonveterans. Spouses, surviving spouses and parents derive their eligibility from the eligibility of the veteran upon whose service it is based. Surviving spouses and parents of eligible veterans shall not be eligible for admission at a southeastern facility. Surviving spouses and parents of eligible veterans shall not be eligible for admission at the home except for those admitted to the home prior to May 5, 1976, or unless the home's overall occupancy level is below an optimal level as determined by the board.