45.40(2)(c)
(c) The department may not provide health care aid under this subsection unless the aid recipient's health care provider agrees to accept, as full payment for the health care provided, the amount of the payment, the amount of the recipient's health insurance or other 3rd-party payments, if any, and the amount that the department determines the veteran is capable of paying. The department may not pay health care aid under this subsection if the liquid assets of the veteran are in excess of $1,000. When determining the liquid assets of the veteran, the department may not include the first $50,000 of cash surrender value of any life insurance.
45.40(2m)(a)(a) The unremarried spouse and dependent children of a veteran who died on active duty, or in the line of duty while on active or inactive duty for training purposes, in the U.S. armed forces or forces incorporated in the U.S. armed forces are eligible to receive payments under
subs. (1m) and
(2) if the household income of those persons does not exceed the income limitations established under
sub. (3m).
45.40(2m)(b)
(b) The spouse and dependent children of a member of the U.S. armed forces or of the Wisconsin national guard who has been activated or deployed to serve in the U.S. armed forces who are residents of this state, who have suffered a loss of income due to that activation or deployment, and who experience an economic emergency during the member's activation or deployment are eligible to receive assistance under
subs. (1m) and
(2).
45.40(3)
(3) Limitations. The total cumulative amount that any veteran may receive under this section may not exceed $7,500.
45.40(3m)
(3m) Rules. The department shall promulgate rules establishing eligibility criteria and household income limits for payments under
subs. (1m),
(2), and
(2m). The department may not include in the rules establishing eligibility criteria and household income limits any consideration of the first $50,000 of cash surrender value of any life insurance that is available to the veteran's household.
45.40(4)
(4) Appropriations. The department may make payments under this section from the appropriation in
s. 20.485 (2) (vm). Nothing in this section empowers the department to incur any state debt.
45.40(5)
(5) Joint finance supplemental funding. The department may submit a request to the joint committee on finance for supplemental funds from the veterans trust fund to be credited to the appropriation account under
s. 20.485 (2) (vm) to provide payments under this section. The joint committee on finance may, from the appropriation under
s. 20.865 (4) (u), supplement the appropriation under
s. 20.485 (2) (vm) in an amount equal to the amount that the department expects to expend under this section. If the cochairpersons of the committee do not notify the department that the committee has scheduled a meeting for the purpose of reviewing the request for a supplement within 14 working days after the date of the department's notification, the supplement to the appropriation is approved. If, within 14 working days after the date of the department's notification, the cochairpersons of the committee notify the department that the committee has scheduled a meeting for the purpose of reviewing the proposed supplement, the supplement may occur only upon approval of the committee.
45.40 Cross-reference
Cross-reference: See also s.
VA 2.01, Wis. adm. code.
45.41
45.41
Payments to veterans organizations. 45.41(1)(a)
(a) "Regional office" means the U.S. department of veterans affairs regional office in Wisconsin.
45.41(1)(b)
(b) "State veterans organization" means the state organization or department of a national veterans organization incorporated by an act of congress.
45.41(2)
(2) Upon application the department shall make a payment to any state veterans organization that establishes that it, or its national organization, or both, has maintained a full-time service office at the regional office for 5 consecutive years out of the 10-year period immediately preceding the application. The payment shall be calculated based on the total amount of all salaries and travel expenses under
sub. (3) paid during the previous fiscal year by the state veterans organization to employees engaged in veterans claims service and stationed at the regional office. The payment shall be as follows:
45.41(2)(a)
(a) If the total amount paid under
sub. (3) is from $1 to $2,499, the organization shall receive the amount paid.
45.41(2)(b)
(b) If the total amount paid under
sub. (3) is from $2,500 to $9,999, the organization shall receive $2,500.
45.41(2)(c)
(c) If the total amount paid under
sub. (3) is from $10,000 to $119,999, the organization shall receive 25 percent of the amount paid.
45.41(2)(d)
(d) If the total amount paid under
sub. (3) is $120,000 or more, the organization shall receive $30,000.
45.41(3)
(3) A state veterans organization shall file an application annually with the department for the previous 12-month period ending on March 31 of the year in which it is filed. The application shall contain a statement of salaries and travel expenses paid to employees of the organization engaged in veterans claims service activities at the regional office by the state veterans organization covering the period for which application for a payment is made. The statement shall be certified as correct by a certified public accountant licensed or certified under
ch. 442 and sworn to as correct by the adjutant or principal officer of the state veterans organization. The application shall include the state organization's financial statement for its previous fiscal year and evidence of claims service activity that the department requires. The state veterans organization shall submit with its initial application sufficient evidence to establish that it or its national organization, or both, has maintained a full-time service office at the regional office for 5 consecutive years out of the 10-year period immediately preceding the application. Subsequent applications shall be accompanied by an affidavit by the adjutant or principal officer of the state veterans organization stating that the organization, on its own or with its national organization, maintained a full-time service office at the regional office for the entire 12-month period for which application for a payment is made.
45.41(3m)
(3m) If the total amount of payments to be paid under
sub. (2) (a) to
(c) exceeds the amount available for the payments from the appropriation under
s. 20.485 (2) (vw), the department shall prorate the reimbursement payments among the state veterans organizations receiving the payments.
45.41(4)
(4) From the appropriation under
s. 20.485 (2) (s), the department shall annually provide a payment of $100,000 to the Wisconsin department of the Disabled American Veterans for the provision of transportation services to veterans.
45.41 History
History: 2005 a. 22;
2011 a. 32.
45.41 Cross-reference
Cross-reference: See also ch.
VA 7, Wis. adm. code.
45.42
45.42
Veterans personal loans. 45.42(1)
(1) It is determined that the loan program established under this section is a special purpose credit program for an economically disadvantaged class of persons for purposes of
15 USC 1691-1691f.
45.42(2)
(2) The department may lend a veteran, a veteran's unremarried surviving spouse, or a deceased veteran's child not more than $25,000, or a lesser amount established by the department under
sub. (9). The department may prescribe loan conditions, but the term of the loan may not exceed 10 years, or a shorter term established by the department under
sub. (12). The department shall ensure that the proceeds of any loan made under this section shall first be applied to pay any delinquent child support or maintenance payments owed by the person receiving the loan and then to pay any past support, medical expenses, or birth expenses owed by the person receiving the loan.
45.42(3)
(3) The department may lend to the remarried surviving spouse of a deceased veteran or to the parent of a deceased veteran's child not more than $25,000, or a lesser amount established by the department under
sub. (9), for the education of the deceased veteran's child.
45.42(4)
(4) The department may execute necessary instruments, collect interest and principal, compromise indebtedness, sue and be sued, post bonds, and write off indebtedness that it considers uncollectible. If a loan under this section is secured by a real estate mortgage, the department may exercise the rights of owners and mortgagees generally and the rights and powers set forth in
s. 45.32. The department shall pay all interest and principal repaid on the loan into the veterans trust fund.
45.42(5)
(5) The department may charge loan expenses incurred under this section to the loan applicant. The department shall pay all expenses received under this subsection into the veterans trust fund.
45.42(6)
(6) The department may provide a loan under this section to an applicant whose name appears on the statewide support lien docket under
s. 49.854 (2) (b) only if the applicant does one of the following:
45.42(6)(a)
(a) Provides to the department a repayment agreement that the applicant 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.
45.42(6)(b)
(b) Provides to the department a statement that the applicant 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 children and families or its designee within 7 working days before the date of the application.
45.42(6)(c)
(c) Agrees to use the loan proceeds to pay any delinquent child support or maintenance payments and to pay any past support, medical expenses, or birth expenses if the applicant fails to meet the requirements under
par. (a) or
(b).
45.42(7)
(7) No person may receive a loan under this section in an amount that, when added to the balance outstanding on the person's existing loans under s.
45.351 (2), 1995 stats., and s.
45.356, 1995 stats., would result in a total indebtedness to the department of more than $25,000.
45.42(8)(a)(a) The department may borrow from the veterans mortgage loan repayment fund under
s. 45.37 (7) (a) to obtain money to make loans under this section.
45.42(8)(b)
(b) The department may enter into transactions with the state investment board to obtain money to make loans under this section. Transactions authorized under this paragraph may include the sale of loans.
45.42(9)
(9) Subject to the limits established in
subs. (2) and
(3), the department may periodically adjust the maximum loan amount based upon financial market conditions, funds available, needs of the veterans trust funds, or other factors that the department considers relevant.
45.42(10)
(10) The department may periodically adjust the interest rates for loans made under this section, which may vary based upon the term of the loan, the type of security offered, the method of payment, or other factors that the department considers relevant.
45.42(11)
(11) If an applicant's total indebtedness for loans made under this section is more than $5,000, the loan shall be evidenced by a promissory note and secured by a mortgage on real estate located in this state. A loan of $5,000 or less made to an applicant whose total indebtedness for loans made under this section is $5,000 or less shall be evidenced by a promissory note and secured by a guarantor or by a mortgage on real estate located in this state. A mortgage securing a loan made under this section is acceptable if the applicant has equity in the property subject to the mortgage equal to or exceeding a minimum amount that the department establishes by rule.
45.42(12)
(12) Subject to the limit established in
sub. (2), the department may periodically adjust the maximum term limits for loans based upon financial market conditions, funds available, needs of the veterans trust fund, or other factors that the department considers relevant.
45.42 History
History: 2005 a. 22,
25;
2007 a. 20.
45.42 Cross-reference
Cross-reference: See also ch.
VA 12, Wis. adm. code.
45.43
45.43
Veterans assistance program. 45.43(1)
(1) The department shall administer a program to provide assistance to persons who served in the U.S. armed forces or in forces incorporated as part of the U.S. armed forces and who were discharged under conditions other than dishonorable. The department shall provide assistance to persons whose need for services is based upon homelessness, incarceration, or other circumstances designated by the department by rule. The department shall designate the assistance available under this section, which may include assistance in receiving medical care, dental care, education, employment, single room occupancy housing, and transitional housing. The department may provide payments to facilitate the provision of services under this section. From the appropriation under
s. 20.485 (2) (ac), the department shall provide $15,000 annually during fiscal years 2007-08 and 2008-09 to the Center for Veterans Issues, Ltd., of Milwaukee, to provide outreach services to homeless veterans with post-traumatic stress disorder.
45.43(2)
(2) The department may charge fees for single room occupancy housing, transitional housing, and for other assistance provided under this section that the department designates. The department shall promulgate rules establishing the fee schedule and the manner of implementation of that schedule.
45.43(3)
(3) The department shall annually provide the governor, and the appropriate standing committees of the legislature under
s. 13.172 (3), with the number of veterans that were referred to the U.S. veterans administration hospitals, veterans centers, or other health care facilities as a result of telemedicine facilities. This subsection does not apply after June 30, 2009.
45.43 Cross-reference
Cross-reference: See also ch.
VA 13, Wis. adm. code.
45.44
45.44
Veterans fee waiver program. 45.44(1)
(1)
Definitions. In this section:
45.44(1)(a)
(a) "License" means any of the following for which a fee is required:
45.44(1)(a)5.
5. A license, registration, or permit issued under
s. 94.10 (2),
(3), or
(3g),
94.50 (2),
94.704,
95.60,
97.17 (2),
97.175 (2),
97.22 (2),
98.145,
98.146, or
98.18 (1) (a).
45.44(1)(a)8.
8. A license, permit, or certificate issued by the department of public instruction.
45.44(1)(a)16.
16. A license, permit, or certificate of certification or registration issued under
chs. 440 to
480.
45.44(1)(a)19.
19. A license to practice law or admission to the state bar.
45.44(1)(b)
(b) "Licensing agency" means the department of agriculture, trade and consumer protection; the department of children and families; the department of financial institutions; the department of health services; the department of natural resources; the department of public instruction; the department of revenue; the department of safety and professional services and its examining boards and affiliated credentialing boards; the department of transportation; the department of workforce development; the board of commissioners of public lands; the government accountability board; or the office of the commissioner of insurance.
45.44(2)
(2) Program. The department of veterans affairs shall establish and maintain a program under which the department shall verify whether an applicant is eligible for a fee waiver for the issuance of a license. Before approving a fee waiver, the licensing agency, or the supreme court, if the supreme court agrees, shall request the department of veterans affairs to verify whether the applicant for the license is a eligible for a fee waiver. If the department verifies that the applicant for a license is eligible for a fee waiver, the licensing agency or the supreme court shall waive the accompanying fee for the license.
45.44(3)
(3) Eligibility. For the purpose of being eligible for a license fee waiver under the program established under
sub. (2), an applicant shall be applying for an initial license, shall not have received a previous fee waiver under the program for any type of license, and shall be all of the following:
45.44(3)(c)1.
1. A member of a reserve component of the U.S. armed forces or of the national guard, as defined in
32 USC 101 (3), who has served under honorable conditions for at least one year beginning on the member's date of enlistment in a reserve component of the U.S. armed forces or in the national guard.
45.44(3)(c)2.
2. A person who was discharged from a reserve component of the U.S. armed forces or from the national guard, as defined in
32 USC 101 (3), if that discharge was an honorable discharge or a general discharge under honorable conditions.
45.44(4)
(4) Information on program. The department of veterans affairs shall establish an Internet Web site informing the public of the fee waiver program and shall include a list of the licenses and the licensing agencies to contact to receive each fee waiver. Each licensing agency shall also provide on their Internet Web site information regarding the fee waiver program and a list of the licenses that the licensing agency issues that are eligible for the fee waiver.
45.44 History
History: 2011 a. 209.
VETERANS HOMES
45.50
45.50
Veterans homes; management. 45.50(1)
(1)
Veterans Home at King. The department shall operate the Wisconsin Veterans Home at King and employ a commandant for the home.
45.50(2b)
(2b) Veterans Home at Union Grove. Subject to authorization under
ss. 13.48 (10) and
20.924 (1), the department may construct or renovate and operate residential, treatment, and nursing care facilities, including a community-based residential facility, to be known as the Wisconsin Veterans Home at Union Grove. The department shall employ a commandant for the Wisconsin Veterans Home at Union Grove.
45.50(2d)
(2d) Veterans Home at Chippewa Falls. Subject to authorization under
ss. 13.48 (10) and
20.924 (1), the department may develop, construct or renovate, and operate residential, treatment, and nursing care facilities and programs for veterans in northwestern Wisconsin, on the property of the Northern Wisconsin Center for the Developmentally Disabled in Chippewa Falls to be known as the Wisconsin Veterans Home at Chippewa Falls. The programs and facilities may include an assisted living facility, a skilled nursing facility, a medical clinic, an adult day health care center, an activities center, and a veterans assistance program. The department may employ a commandant for the Wisconsin Veterans Home at Chippewa Falls.
