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.
45.50(2m)(a)(a) The department shall provide complete personal maintenance and medical care, including programs and facilities that promote comfort, recreation, well-being, or rehabilitation, to all members of veterans homes.
45.50(2m)(b)
(b) The department may employ any personnel that are necessary for the proper management and operation of veterans homes. In compliance with the compensation plan established pursuant to
s. 230.12 (3), a commandant may recommend to the director of personnel charges for meals, living quarters, laundry, and other services furnished to employees and members of the employees' family maintained at veterans homes.
45.50(2m)(c)
(c) For the Wisconsin Veterans Home at Chippewa Falls, in lieu of the department employing personnel as authorized under
par. (b) and providing the maintenance and medical care as specified in
par. (a), the department may enter into an agreement with a private entity to operate the home and perform such management and care using personnel employed by the private entity.
45.50(2m)(d)
(d) Veterans homes with a skilled nursing facility shall include a geriatric evaluation, research, and education program. The program shall be funded from the appropriations under
s. 20.485 (1) (hm) and
(mj).
45.50(2m)(e)
(e) All moneys received as reimbursement for services to veterans homes employees or as payment for meals served to guests at veterans homes shall be accumulated in an account named "employee maintenance credits" and shall be paid into the general fund within one week after receipt and credited to the appropriation account under
s. 20.485 (1) (gk). This paragraph does not apply to any agreement entered into pursuant to
par. (c).
45.50(2m)(f)
(f) The department may develop a program to provide stipends to individuals to attend school and receive the necessary credentials to become employed at veterans homes. If the department develops a stipend program under this paragraph, the department shall promulgate rules related to the program, including the application process, eligibility criteria, stipend amount, repayment provisions, and other provisions that the department determines are necessary to administer the program.
45.50 Cross-reference
Cross-reference: See also ch.
VA 18, Wis. adm. code.
45.50(3)
(3) Land acquisition. The department may acquire, by gift, purchase, or condemnation, lands necessary for the purposes of the veterans homes. Title to the lands shall be taken in the name of this state and shall be held by and for the uses and purposes of the veterans homes. No payment may be made out of the state treasury or otherwise for the land until the title has been examined and approved by the attorney general. Every such deed of conveyance shall be immediately recorded in the office of the proper register of deeds and filed with the secretary of state.
45.50(4)(a)(a) The department may use moneys appropriated under
s. 20.485 (1) (h) to purchase, erect, construct, or remodel buildings, to provide additions and improvements, to provide equipment, materials, supplies, and services necessary for the purposes of veterans homes, and for expenses that are necessary and incidental to acquisition of property under
s. 45.51 (10) and
(11).
45.50(4)(b)
(b) 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 veterans homes. All moneys received shall be paid into the general fund and appropriated as provided in
s. 20.485 (1) (h), except that gifts or grants received specifically for the purposes of the geriatric program at veterans homes are appropriated as provided in
s. 20.485 (1) (hm). The department may 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 those persons upon their request individual accounts with savings and interest applied as the member requests.
45.50(6)(a)(a) The department may enter into agreements for furnishing and charging for water and sewer service from facilities constructed at and for veterans homes to public and private properties lying in the immediate vicinity of veterans homes.
45.50(6)(b)
(b) Agreements under this subsection shall be drafted to hold harmless the department, to require all expense to be paid by the applicant, and to be terminable by the department when other water and sewer services become available to the applicant.
45.50(7)
(7) Enforcement authority. A commandant and employees designated by the commandant may summarily arrest all persons within or upon the grounds of veterans homes who are guilty of any offense against the laws of this state or the rules governing veterans homes. For this purpose, a commandant and deputies have the power of constables.
45.50(8)
(8) Fire fighting services. A fire department at a veterans home in response to emergency fire calls may make runs and render fire fighting service beyond the confines of a veterans home.
45.50(10)
(10) Hospitals authorized. The department may establish a hospital at a veterans home. All hospitals established under this subsection may not have a total approved bed capacity, as defined in
s. 150.01 (4m), greater than 16 beds. The approved bed capacity of a skilled nursing facility operated at a veterans home is reduced by one bed for each approved bed at the hospital established under this subsection at that home.
45.50 History
History: 2005 a. 22;
2011 a. 32.
45.50 Cross-reference
Cross-reference: See also ch.
VA 6, Wis. adm. code.
45.51
45.51
Eligibility for membership. 45.51(1)
(1)
General statement. Within the limitations of veterans homes, the department may admit to membership in veterans homes persons who meet the qualifications set forth in this section.
45.51(2)(a)(a) The following persons are eligible for benefits under this subchapter if they meet the applicable requirements of this subchapter:
45.51(2)(a)2.
2. A 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 for 90 days or more and at least one day during a war period or under section 1 of
executive order 10957, dated August 10, 1961.
45.51(2)(a)3.
3. A spouse, surviving spouse, or parent of a person under
subd. 1. or
2.
45.51(2)(b)
(b) A person under
par. (a) 1. or
2. may be admitted to a veterans home if the person meets all of the following conditions:
45.51(2)(b)1.
1. Is a resident of this state on the date of admission to a veterans home.
45.51(2)(b)2.
2. Is permanently incapacitated due to physical disability or age from any substantially gainful occupation.
45.51(2)(b)3.
3. Has not been convicted of a felony or of a crime involving moral turpitude or, if so, has produced sufficient evidence of subsequent good conduct and reformation of character as to be satisfactory to the department.
45.51(2)(b)4.
4. Provides a complete financial statement containing information that the department determines is necessary to evaluate the financial circumstances of the person. The department may require a member of a veterans home to provide the department with information necessary for the department to determine the financial circumstances of the person. If a person fails to provide the additional information, the department may discharge the person from the veterans home.
45.51(2)(b)5.
5. Has care needs that the veterans home is able to provide within the resources allocated for the care of members of the veterans home, including chronic alcoholism, drug addiction, psychosis, or active tuberculosis.
45.51(3)(a)(a) Except in cases where there is an immediate need for physical care or economic assistance, the department shall act on applications based upon the date of receipt of the application by the veterans home. The department may defer establishment of the priority date of the application to the date that the veterans home 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.
45.51(3)(b)
(b) Spouses, surviving spouses, and parents derive their eligibility from the eligibility of the person under
sub. (2) (a) 1. or
2. Surviving spouses and parents of eligible persons under
sub. (2) (a) 1. or
2. shall not be eligible for admission to the Wisconsin Veterans Home at Union Grove or the Wisconsin Veterans Home at King unless a home's overall occupancy level is below an optimal level as determined by the board.
45.51(3)(c)1.1. The order of priority for admission to a veterans home shall be as follows:
45.51(3)(c)2.
2. The department may deviate from this sequence upon order of the board to prevent the separation of a husband and wife.
45.51(4)
(4) Additional eligibility requirements of a spouse of a veteran. A spouse of an eligible person under
sub. (2) (a) 1. or
2. is eligible only if the spouse meets the requirements of
sub. (2) (b) 3. to
5. and if all of the following apply:
45.51(4)(a)
(a) The person under
sub. (2) (a) 1. or
2. is a member, or if not a member is institutionalized elsewhere because of physical or mental disability, and the spouse had lived with the person for not less than 6 months immediately before making application for membership.
45.51(4)(b)
(b) Separation from the spouse necessitated by reason of employment, hospitalization, or because of a physical or mental disability of either spouse shall not be taken to constitute an interruption of the 6-month period.
