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45.358(3)(a) (a) A veteran who died while on active duty or who was discharged or released from active duty in the U.S. armed forces under honorable conditions and who was a resident of this state at the time of his or her entry or reentry into active service and his or her dependent children and unremarried surviving spouse.
45.358(3)(b) (b) A veteran who was discharged or released from active duty in the U.S. armed forces under honorable conditions and who was a resident of this state at the time of his or her death and his or her dependent children and unremarried surviving spouse.
45.358(3)(c) (c) The spouse or dependent child of a veteran who is serving on active duty at the time of the spouse's or dependent child's death if the veteran was a resident of this state at the time of the veteran's entry or reentry into active service.
45.358(3)(d) (d) The spouse or dependent child of a veteran if the veteran was a resident of this state at the time of his or her entry or reentry into active service and was discharged or released from active duty in the U.S. armed forces under honorable conditions.
45.358(3)(e) (e) The spouse or dependent child of a veteran who was discharged or released from active duty in the U.S. armed forces under honorable conditions if the veteran and spouse or dependent child were residents of this state at the time of the spouse's or dependent child's death.
45.358(3)(f) (f) A person who was a resident of this state at the time of his or her death and who has 20 or more years of creditable military service for retirement pay as a member of the Wisconsin army national guard or air national guard or a reserve component of the U.S. armed forces or who would have been entitled to that retirement pay except that the person was under 60 years of age at the time of his or her death, and the person's spouse, unremarried surviving spouse and dependent children who are residents of this state at the time of the spouse's, unremarried surviving spouse's or dependent children's death.
45.358(3)(g) (g) A veteran who was discharged or released from active duty in the U.S. armed forces under honorable conditions and who was a resident of the state for at least 5 consecutive years after completing service on active duty.
45.358(3m) (3m)Fees. The department may charge a fee for burials under this section and may promulgate rules for the assessment of the fee.
45.358(4) (4)Gifts, grants and bequests. The department of veterans affairs may accept for the state all gifts, grants and bequests for the purposes of maintenance, restoration, preservation and rehabilitation of the veterans cemeteries constructed under sub. (2).
45.358 History History: 1993 a. 296; 1995 a. 27, 255.
45.36 45.36 Release of information and records by the department of veterans affairs and county veterans' service offices.
45.36(1)(1)Definitions. In this section:
45.36(1)(a) (a) "Department" means the department of veterans affairs.
45.36(1)(b) (b) "Duly authorized representative" means any person authorized in writing by the veteran to act for the veteran, or a legally constituted representative if the veteran is incompetent or 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 shall be recognized as the duly authorized representative.
45.36(1)(c) (c) "Service office" means a county veterans' service office.
45.36(2) (2)Separation documents. Separation documents and copies thereof evidencing service in the armed forces of the U.S. are confidential and privileged. Examination of such records in the possession of the department or service office will be limited to authorized employes of the department or service office and information entered thereon will 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.
45.36(3) (3)U.S. department of veterans affairs records. Records and papers in the possession of the department or service office which are released to the department or service office by or from the U.S. department of veterans affairs or which contain information provided by the U.S. department of veterans affairs are confidential. Release of information from such records or papers may be made only pursuant to regulations of the U.S. department of veterans affairs.
45.36(4) (4)Investigation. All reports of investigation made by employes 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 which 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.
45.36(4m) (4m)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 to which he or she may be entitled.
45.36(5) (5)Disclosure of monetary benefits. The department shall disclose, to any person who requests, the amount of any grant or loan made by the department to any applicant. A person seeking such information shall be required to sign a statement setting forth the person's name, address and the reason for making the request and certifying that the person will not use the information obtained for commercial or political purposes.
45.36(5m) (5m)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 from current department computer tapes on any loans on which balances are due and owing the department. The department may charge consumer reporting agencies requesting these computer tapes an amount sufficient to cover all the costs of preparation and delivery of the tapes.
45.36(6) (6)Disclosure of other information. Except as provided in subs. (2) to (5), all files, records, reports, papers and documents pertaining to applications for benefits from the department, and information contained therein, shall only be released by the department or service office pursuant to rules of the department. The rules must provide for the furnishing of information required under sub. (5m) and for official purposes by any agency of the U.S. government, any agency of this state, any law enforcement or public welfare agency of any Wisconsin county, or by members of the state senate and assembly, and will otherwise provide for release of personal information pertaining to or contained in any application for benefits, whether pending or adjudicated, only where authorized in writing by the applicants or where necessary to assist applicants in securing veterans benefits to which they may be entitled or where necessary for the efficient management of loans made by the department.
45.365 45.365 Wisconsin veterans home; management.
45.365(1) (1)
45.365(1)(a)(a) The department of veterans affairs, hereafter in this section and in s. 45.37 referred to as the department, shall operate and conduct the Wisconsin veterans home at King, hereafter in this section and in s. 45.37 referred to as 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), it 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 as such. Complete personal maintenance and medical care to include programs and facilities which promote comfort, recreation, well-being or rehabilitation, shall be furnished all members under the policy of the department.
45.365(1)(b) (b) All money received in reimbursement for services to institutional employes under par. (a) or in payment for meals served to guests at the institution 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).
45.365(1)(d) (d) The home 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).
45.365(2) (2) The department may acquire, by gift, purchase or condemnation, lands necessary for the purposes of the home. Title thereto shall be taken in the name of this state and shall be held by and for the uses and purposes of said home so long as used for the present objects and purposes thereof. No payment shall be made out of the state treasury or otherwise for any such 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 thereafter filed with the secretary of state.
45.365(2a) (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 for such expenses as may be necessary and incidental to acquisition of property pursuant to s. 45.37 (10) and (11).
45.365(2b) (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. 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 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.
45.365(2m) (2m)
45.365(2m)(a)(a) The department may enter into agreements for furnishing and charging for water and sewer service from facilities constructed at and for the home to public and private properties lying in the immediate vicinity of the home.
45.365(2m)(b) (b) Agreements under this section shall be drafted to hold harmless the department, to require all expense thereof to be paid by the applicant, and to be terminable by the department when other water and sewer services become available to the applicant.
45.365(3) (3) The commandant and employes designated by the commandant may summarily arrest all persons within or upon the grounds of the home who are guilty of any offense against the laws of this state or the rules and regulations governing the home. For this purpose the commandant and deputies have the power of constables.
45.365(5) (5) The fire department at the home in response to emergency fire calls may make runs and render fire fighting service beyond the confines of the home.
45.365(6) (6) The home is subject to ch. 150, as specified in s. 150.46.
45.37 45.37 Who are eligible to membership.
45.37(1) (1)General statement. Within the limitations of the facilities of the home, the department may admit to membership in the home persons who meet the qualifications set forth in this section.
45.37(1a) (1a)Definition of veteran. Except as provided in sub. (15) (a) and (b), in this section "veteran" means any person who 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 who was entitled to receive the armed forces expeditionary medal, established by executive order 10977 on December 4, 1961, the Vietnam service medal established by executive order 11231 on July 8, 1965, the navy expeditionary medal or the marine corps expeditionary medal or who served in Bosnia, Grenada, Lebanon, Panama, Somalia or a Middle East crisis under s. 45.34 or any person who served for at least one day during a war period, as defined in s. 45.35 (5) (e) or under section 1 of executive order 10957, dated August 10, 1961, and who was officially reported missing in action or killed in action or who died in service, or who was discharged under honorable conditions after 90 days or more of active service, or if having served less than 90 days was honorably discharged for a service-connected disability or for a disability subsequently adjudicated to have been service connected, or who died as a result of service-connected disability.
45.37(2) (2)Basic eligibility requirements. A veteran may be admitted to the home if the veteran:
45.37(2)(a) (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.
45.37(2)(b) (b) Disability test. Is permanently incapacitated due to physical disability or age from following any substantially gainful occupation.
45.37(2)(c) (c) Age. Is 50 years of age or over.
45.37(2)(d) (d) Crimes. 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.
45.37(2)(e) (e) Chronic ailments. Is not a chronic alcoholic, drug addict, psychotic or active tuberculosis case, unless the department determines that the home is capable of providing satisfactory care for the person.
45.37(2)(f) (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 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.
45.37(2)(h) (h) Care needs. Has care needs which the home is able to provide within the resources allocated for the care of members of the home.
45.37(3) (3)Exceptions to the basic eligibility requirements.
45.37(3)(a)(a) Under 50 years of age. A disabled veteran under 50 years of age, if otherwise qualified, may be admitted if unable to secure adequate care from the federal government.
45.37(3)(b) (b) Nonresident. A veteran who was not a resident of this state at the time of enlistment or induction into service but who is otherwise qualified for membership may be admitted if the veteran has been a resident of this state for any consecutive 5-year period after completing service on active duty and before the date of application. If a person applying for a benefit under this subchapter meets that 5-consecutive-year residency requirement, the department may not require the person to reestablish that he or she meets the 5-consecutive-year residency requirement when he or she later applies for any other benefit under this chapter that requires a 5-consecutive-year residency.
45.37(4) (4)Admission priorities.
45.37(4)(a)(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. Establishment of the priority date of the application may be deferred to the date that the 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.
45.37(4)(b) (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 except for those admitted prior to May 5, 1976 or unless the home's overall occupancy level is below an optimal level as determined by the board.
45.37(4)(c) (c) Order of priority. The order of priority for admission to the home shall be as follows:
45.37(4)(c)1. 1. Eligible veterans shall have 1st priority;
45.37(4)(c)2. 2. Spouses of eligible veterans shall be given 2nd priority;
45.37(4)(c)3. 3. Surviving spouses of eligible veterans shall be given 3rd priority;
45.37(4)(c)4. 4. Parents of eligible veterans shall be given 4th priority;
45.37(4)(c)5. 5. The department may deviate from this sequence upon order of the board in order to prevent the separation of a family unit of husband and wife.
45.37(5) (5)Additional eligibility requirements of a spouse of a veteran. A spouse of an eligible veteran is eligible only if the spouse meets the requirements of sub. (2) (d) to (h) and if:
45.37(5)(a) (a) The veteran is a member, or if not a member is institutionalized elsewhere because of physical or mental disability, and the spouse had lived with the veteran for not less than 6 months immediately before making application for membership.
45.37(5)(b) (b) Separation from such 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 such one-year period.
45.37(5)(c) (c) A spouse of an eligible veteran by virtue of a bona fide marriage invalidly entered into but validated prior to application for admission shall, for the purpose of this subsection and sub. (6), be considered married to such eligible veteran from the date such invalid marriage was entered into.
45.37(6) (6)Additional eligibility requirements of a surviving spouse. The surviving spouse of a veteran who was a resident of this state at the time of the veteran's death, is eligible if the surviving spouse meets the requirements of sub. (2) (d) to (h) and if the surviving spouse:
45.37(6)(a) (a) Was married to and living with the deceased veteran not less than 6 months immediately prior to the death of the veteran, or was married to the veteran at the time the veteran entered the service and was widowed by the death of the veteran in the service or as a result of physical disability incurred during such service, or the period during which the surviving spouse was married to and lived with the deceased veteran plus the period of widowhood is 6 months or more, or if the surviving spouse was married to and living with the veteran less than 6 months and a child was born of the marriage; and
45.37(6)(b) (b) Has not remarried; and
45.37(6)(c) (c) Is 45 years of age or over on the date of application; and
45.37(6)(d) (d) Is physically disabled; and
45.37(6)(e) (e) Is unable adequately to care for himself or herself and lacks adequate means of support; and
45.37(6)(f) (f) Has been a resident of this state for the 5 years immediately preceding the date of application for membership.
45.37(7) (7)Additional eligibility requirements of parents. The parent of a veteran who was a resident of this state at the time of the veteran's death or, the parent of a living veteran who is eligible for membership, is eligible if the parent meets the requirements of sub. (2) (d) to (h) and if the parent:
45.37(7)(a) (a) Has reached 60 years of age; and
45.37(7)(b) (b) Has been a resident of this state for the 5 years next preceding the date of application for membership; and
45.37(7)(c) (c) Is physically disabled, unable adequately to care for himself or herself and lacks adequate means of support.
45.37(8) (8)Effect of change in standards. The members of the home on July 7, 1949 shall not be required to requalify for membership because of changes made in eligibility standards unless they are subsequently discharged and later apply for reentry into the home, or unless the financial or physical status of any member has changed or improved so that the member would no longer be eligible for admission under the standards applicable at the time of admission.
45.37(9) (9)Member income retention and payment.
45.37(9)(c)(c) Work therapy program compensation. The board shall establish a pay plan for compensation of members for services rendered to the home under its work therapy program.
45.37(9)(d) (d) Member payments. Members shall pay the amount due the state for care and maintenance of the member within 30 days after the receipt of the home's billing statement by the member or by the member's personal representative. The department may subject any bill not paid within 30 days after receipt of the billing statement to an interest assessment of 1% per month or fraction of a month. If payment is not made within 60 days after the receipt of the billing statement, the department may discharge the member from the home.
45.37(9)(e) (e) U.S. department of veterans affairs payments. Payment of amounts due the state for care and maintenance of a member shall be made to the fullest extent possible from sources of income other than pension or compensation paid by the U.S. department of veterans affairs.
45.37(9)(g) (g) Work therapy or hobby shop income. A member is not required to use income received from services rendered to the home under its work therapy program or from the sale of products or services through the hobby shop as payment for the care or maintenance of the member at the home.
45.37(9)(h) (h) Home exchange. The operation of the home exchange, including the operation of the hobby shop for the sale of products made by all members, shall be conducted under the supervision of the department.
45.37(9c) (9c)Personal funds of member. A member may, in writing, authorize the home to receive, hold and account for his or her personal funds. Section 49.498 (8) and the rules promulgated under that subsection apply to the funds of a member held by the home under this subsection. The department may transfer the personal funds of a member received under this subsection to the Wisconsin veterans home members fund under s. 25.37. Upon request of the member, the department shall pay to the member the amount of the member's personal funds requested by the member.
45.37(9d) (9d)Medical assistance payments. All moneys received under title XIX of the social security act for the care of members shall be transferred to the appropriation under s. 20.485 (1) (gk).
45.37(10) (10)Conveyance of property; descent.
45.37(10)(a)(a) Except as otherwise provided in this subsection, the application and admission of any applicant admitted under this section shall constitute a valid and binding contract between such member and the department. If a member dies leaving a relative that is entitled to an interest in the property of the member under the rules of intestate succession or a will the existence of which is made known to the commandant of the home within 60 days of such member's death, the member's property shall constitute a part of the member's estate, except that personal effects of nominal monetary value of such a deceased member who is not survived by a member spouse may be distributed by the commandant to surviving relatives of such member who request such personal effects within a reasonable time after such member's death.
45.37(10)(c) (c) The department may manage, sell, lease or transfer property descending to the state pursuant to this section or conveyed to it by members, defend and prosecute all actions concerning it, pay all just claims against it, and do all other things necessary for the protection, preservation and management of such property. All expenditures necessary for the execution of functions under this paragraph or sub. (11) shall be made from the appropriation in s. 20.485 (1) (h).
45.37(10)(d) (d) A person who at the time of death is a member of the home is a resident of Waupaca county for the probate of the person's will and issuance of letters testamentary and the administration of the estate.
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