1999 Wisconsin Act 63

63,37 Section 37. 45.37 (4) (c) 4. of the statutes is amended to read:

45.37 (4) (c) 4. Parents of eligible veterans shall be given 4th priority for admission to the home;

63,38 Section 38. 45.37 (8) of the statutes is repealed.

63,39 Section 39. 45.37 (9) (c) of the statutes is amended to read:

45.37 (9) (c) Work therapy program compensation. The board shall establish a pay plan for compensation of members for services rendered to the home or southeastern facility under its work therapy program.

63,40 Section 40. 45.37 (9) (d) of the statutes is amended to read:

45.37 (9) (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 or southeastern facility'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 or southeastern facility.

63,41 Section 41. 45.37 (9) (g) of the statutes is amended to read:

45.37 (9) (g) Work therapy or hobby shop income. A member is not required to use income received from services rendered to the home or southeastern facility 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 or southeastern facility.

63,42 Section 42. 45.37 (9) (h) of the statutes is amended to read:

45.37 (9) (h) Home or southeastern facility exchange. The operation of the home or southeastern facility 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.

63,43 Section 43. 45.37 (9c) of the statutes is amended to read:

45.37 (9c) Personal funds of member. A member may, in writing, authorize the home or southeastern facility 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 or southeastern facility under this subsection. The department may transfer the personal funds of a member received under this subsection to the Wisconsin veterans home facilities 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.

63,44 Section 44. 45.37 (17) of the statutes is amended to read:

45.37 (17) Additional eligibility requirements. Any person admitted to the home after December 31, 1973, or the nursing care facility operated by the department within the southeastern facility shall meet during residence at the home or at the nursing care facility operated by the department within the southeastern facility the eligibility requirements under ss. 49.45 and 49.46 and rules promulgated thereunder except that:

(a) Persons with sufficient income and resources to meet the expenses of care for one or more months may be admitted to or remain in membership at the home or the nursing care facility operated by the department within the southeastern facility but shall apply income and resources to costs to the extent required by ss. 49.45 and 49.46 and rules promulgated thereunder; or

(b) Persons who meet all the requirements of this section but whose degree of physical disability does not meet the minimum requirements in ss. 49.45 and 49.46 and rules promulgated thereunder may be admitted to or remain in membership at the home or the nursing care facility operated by the department within the southeastern facility but shall apply income and resources to costs to the extent required by ss. 49.45 and 49.46 and rules promulgated thereunder.

63,45 Section 45. 45.37 (18) of the statutes is created to read:

45.37 (18) Southeastern facility additional eligibility requirement. An otherwise eligible person may be admitted to or remain in residency at a residential or treatment facility within the southeastern facility only if the person has sufficient income and resources, and applies the income and resources to fully reimburse the department for the cost of providing care to the person. This income and resource limit on eligibility does not apply to persons admitted to the nursing care facility operated by the department within the southeastern facility.

63,46 Section 46. 45.397 (2) (a) of the statutes is amended to read:

45.397 (2) (a) The veteran is enrolled in a training course in a technical college under ch. 38 or in a proprietary school in the state approved by the educational board under s. 39.51, other than a school offering four-year degrees or programs, or is engaged in a structured on-the-job training program that meets program requirements promulgated by the department by rule.

63,47 Section 47. 45.71 (6m) of the statutes is created to read:

45.71 (6m) "Federal Home Loan Mortgage Corporation" means the corporation created under 12 USC 1451 to 1459.

63,48 Section 48. 45.71 (7) of the statutes is amended to read:

45.71 (7) "Funds" include cash on hand, and liquid investments, and any asset the conversion of which to cash would not result in a substantial loss, except as provided under s. 45.85. The funds of a veteran include all funds owned by the veteran and spouse, individually or jointly, unless the veteran and spouse are permanently separated.

63,49 Section 49. 45.71 (9) (intro.) of the statutes is renumbered 45.71 (9) and amended to read:

45.71 (9) "Income" means the amount of adjusted gross income a veteran is receiving for regular work together with any income from other sources that may reasonably be expected to be regular and dependable, except as provided under s. 45.85.

63,50 Section 50. 45.71 (9) (a) and (b) of the statutes are repealed.

63,51 Section 51. 45.71 (12) (intro.) of the statutes is amended to read:

45.71 (12) (intro.) "Mobile home" "Manufactured home" means a mobile home structure, as defined under s. 340.01 (29), by the Federal Home Loan Mortgage Corporation which:

63,52 Section 52. 45.73 (title) of the statutes is repealed.

63,53 Section 53. 45.73 (1) of the statutes is renumbered 45.73.

63,54 Section 54. 45.73 (2) of the statutes is repealed.

63,55 Section 55. 45.74 (intro.) of the statutes is amended to read:

45.74 Eligible persons; disqualifying factors. (intro.) Except as provided under s. 45.745 or 45.85, no person may receive a loan under this subchapter if the department or authorized lender determines that any of the following applies:

63,56 Section 56. 45.74 (3) of the statutes is repealed.

63,57 Section 57. 45.74 (5) of the statutes is repealed.

63,58 Section 58. 45.745 (intro.) of the statutes is amended to read:

45.745 Loans to disabled veterans; qualifying factors. (intro.) A veteran who is receiving 100% disability compensation from the U.S. department of veterans affairs under 38 USC 301 to 315, 331 to 337 and 350 to 362 due to a permanent and total service-connected disability may receive a loan under this subchapter if the department or authorized lender determines, after disregarding any payment received under s. 45.85, that all of the following apply:

63,59 Section 59. 45.745 (3) of the statutes is repealed.

63,60 Section 60. 45.745 (5) of the statutes is repealed.

63,61 Section 61. 45.76 (1) (a) 1. of the statutes is amended to read:

45.76 (1) (a) 1. A mobile manufactured home or real property on which a mobile manufactured home is to be situated, but only if the veteran has available and applies on the total cost of the property, an amount equivalent to at least 15% of the total cost. This 15% requirement does not apply to a person who qualifies under s. 45.745.

63,62 Section 62. 45.76 (3) (a) (intro.) and 1. of the statutes are consolidated, renumbered 45.76 (3) (a) and amended to read:

45.76 (3) (a) Cost and value of property. No loan may be made under this subchapter if the department or authorized lender determines that: 1. The the total cost of the property exceeds its market value unless the amount by which the cost of the property exceeds its market value is paid by the borrower in addition to the downpayment required by s. 45.77. This subdivision paragraph does not apply to a person who qualifies under s. 45.745.

63,63 Section 63. 45.76 (3) (a) 2. of the statutes is repealed.

63,64 Section 64. 45.79 (2) (c) of the statutes is repealed.

63,65 Section 65. 45.79 (3) (a) (title) of the statutes is amended to read:

45.79 (3) (a) (title) First or 2nd mortgage Mortgage or guarantor required.

63,66 Section 66. 45.79 (3) (a) 1. of the statutes is renumbered 45.79 (3) (a) and amended to read:

45.79 (3) (a) Each loan made under this section, except a loan of $3,000 or less for a purpose specified under s. 45.76 (1) (c), shall be evidenced by a promissory instalment note and secured by a mortgage on the real estate in respect to which the loan is granted. A loan of $3,000 or less made for a purpose specified under s. 45.76 (1) (c) shall be evidenced by a promissory instalment note and shall be secured by a guarantor or by a mortgage on the real estate in respect to which the loan is granted. Any loan having as its source funds provided through sub. (6) (a) and secured by a mortgage shall have the mortgage name the department as mortgagee and payee. Any loan having as its source funds provided through sub. (6) (b) and secured by a mortgage shall have the mortgage name the authorized lender involved as mortgagee and payee, and such mortgage and note shall be assigned by the authorized lender to the authority immediately upon execution. A mortgage securing a loan made for a purpose specified in s. 45.76 (1) (a), (b) or (d) must have priority over all liens against the mortgaged premises and the buildings and improvements thereon, except tax and special assessment liens filed after the recording of the mortgage. A mortgage securing a loan made for a purpose specified under s. 45.76 (1) (c) may be junior and subject to not more than one prior mortgage, and, except for that prior mortgage, must have priority over all liens against the mortgaged premises and the buildings and improvements on those premises, except tax and special assessment liens filed after the recording of the mortgage is acceptable if the applicant can establish a minimum equity in the property as established by the department by rule.

63,67 Section 67. 45.79 (3) (a) 2. of the statutes is repealed.

63,68 Section 68. 45.85 of the statutes is repealed.

63,69 Section 69. 46.27 (1) (b) of the statutes is amended to read:

46.27 (1) (b) "Nursing home" means a facility that meets the definition in s. 50.01 (3) and that is licensed under s. 50.03 (1) and includes a state center for the developmentally disabled and, the Wisconsin veterans home Veterans Home at King and the nursing care facility operated by the department of veterans affairs under s. 45.385.

63,70 Section 70. 46.27 (1) (dr) of the statutes is amended to read:

46.27 (1) (dr) "State-operated long-term care facility" means a state center for the developmentally disabled and, the Wisconsin veterans home Veterans Home at King and the nursing care facility operated by the department of veterans affairs under s. 45.385.

63,71 Section 71. 46.27 (6) (a) 2. cm. of the statutes is amended to read:

46.27 (6) (a) 2. cm. Persons under subd. 1. seeking admission to or about to be admitted to the Wisconsin veterans home Veterans Home at King under subd. 1. or to the nursing care facility operated by the department of veterans affairs under s. 45.385 who are informed about the program but waive the assessment.

63,72 Section 72. 49.45 (6m) (bg) of the statutes is amended to read:

49.45 (6m) (bg) The department shall determine payment levels for the provision of skilled, intermediate, limited, personal or residential care or care for the mentally retarded in the state centers for the developmentally disabled and, in the Wisconsin veterans home Veterans Home at King and in the nursing care facility operated by the department of veterans affairs under s. 45.385 separately from the payment principles, applicable costs and methods established under this subsection.

63,73 Section 73. 50.034 (4) of the statutes is amended to read:

50.034 (4) Limitation. A nursing home or a community-based residential facility may not convert a separate area of its total area to a residential care apartment complex unless the department first approves the conversion. A nursing home, other than the nursing home homes operated at the Wisconsin Veterans Home at King or in southeastern Wisconsin by the department of veterans affairs under s. 45.385, that intends to convert a separate area of its total area to a residential care apartment complex shall also agree to reduce its licensed nursing home beds by the corresponding number of residential care apartment complex residential units proposed for the conversion.

63,74 Section 74. 70.11 (3a) (title) of the statutes is amended to read:

70.11 (3a) (title) Buildings at the Wisconsin veterans home at King or in southeastern Wisconsin.

63,75 Section 75. 150.31 (5m) of the statutes is amended to read:

150.31 (5m) The department shall decrease the statewide bed limit specified in sub. (1) to account for any reduction in the approved bed capacity of the nursing home operated at the Wisconsin Veterans Home at King or at the nursing care facility operated by the department of veterans affairs under s. 45.385, as specified in s. 45.375 (2).

63,76 Section 76. 150.46 (1) of the statutes is amended to read:

150.46 (1) This subchapter applies does not apply to the Wisconsin Veterans Home at King only with respect to the statewide bed limit under s. 150.31 and with respect to the application, review and approval procedures relating to an increase in the nursing home bed capacity of the Wisconsin Veterans Home, under ss. 150.21 (2), 150.33, 150.35, 150.39, 150.40, 150.41 and 150.43 or to the nursing care facility operated by the department of veterans affairs under s. 45.385.

63,77 Section 77. 230.36 (1) of the statutes is amended to read:

230.36 (1) If a conservation warden, conservation patrol boat captain, conservation patrol boat engineer, state forest ranger, conservation field employe of the department of natural resources who is subject to call for fire control duty, member of the state patrol, state motor vehicle inspector, lifeguard, excise tax investigator employed by the department of revenue, special criminal investigation agent employed by the department of justice, special tax agent, state drivers' license examiner, state fair park police officer, University of Wisconsin System police officer and other state facilities police officer and patrol officer, security officer, watcher, engineer, engineering aide, building construction superintendent, fire fighter employed at the Wisconsin Veterans Home at King or at the facilities operated by the department of veterans affairs under s. 45.385, or guard or institutional aide or a state probation, extended supervision and parole officer or any other employe whose duties include supervision and discipline of inmates or wards of the state at a state penal institution, including a secured correctional facility, as defined in s. 938.02 (15m), or while on parole supervision or extended supervision outside of the confines of the institutions, or supervision of persons placed on probation by a court of record, or supervision and care of patients at a state mental institution, and the University of Wisconsin Hospitals and Clinics suffers injury while in the performance of his or her duties, as defined in subs. (2) and (3); or any other state employe who is not listed in this subsection and who is ordered by his or her appointing authority to accompany any employe listed in this subsection while the listed employe is engaged in the duties defined in sub. (3), or any other state employe who is not listed in this subsection and who is ordered by his or her appointing authority to perform the duties, when permitted, in lieu of the listed employe and while so engaged in the duties defined in sub. (3), suffers injury as defined in sub. (2) the employe shall continue to be fully paid by the employing agency upon the same basis as paid prior to the injury, with no reduction in sick leave credits, compensatory time for overtime accumulations or vacation and no reduction in the rate of earning sick leave credit or vacation. The full pay shall continue while the employe is unable to return to work as the result of the injury or until the termination of his or her employment upon recommendation of the appointing authority. At any time during the employe's period of disability the appointing authority may order physical or medical examinations to determine the degree of disability at the expense of the employing agency.

63,78 Section 78. 230.36 (3) (a) (intro.) of the statutes is amended to read:

230.36 (3) (a) (intro.) A forest ranger or field employe of the department of natural resources who is subject to call for forest fire control duty or fire watcher employed at the Wisconsin veterans home Veterans Home at King or at the facilities operated by the department of veterans affairs under s. 45.385, and lifeguard, at all times while:

63,79 Section 79. 851.09 of the statutes is amended to read:

851.09 Heir. "Heir" means any person, including the surviving spouse, who is entitled under the statutes of intestate succession to an interest in property of a decedent. The state is an heir of the decedent and a person interested under s. 45.37 (10) and (11) when the decedent was a member of the Wisconsin veterans home Veterans Home at King or at the facilities operated by the department of veterans affairs under s. 45.385 at the time of the decedent's death.

63,80 Section 80. 880.60 (4) of the statutes is amended to read:

880.60 (4) Limitation on number of wards. No person or corporate entity other than a county having a population of 100,000 or more, or a bank or trust company or the commandant of the Wisconsin veterans home at King shall be guardian of more than 5 wards at one time, unless all the wards are members of one family. Such A county shall act only for patients in its county hospital or mental hospital and for residents of its county home or infirmary, and shall serve without fee. The commandant shall act only for members of the Wisconsin veterans home and shall serve without fee. Upon presentation of a petition by an attorney of the U.S. department of veterans affairs or other interested person, alleging that a guardian is acting in a fiduciary capacity for more than 5 wards as herein provided and requesting the guardian's discharge for that reason, the court, upon proof substantiating the petition, shall require a final accounting forthwith from such the guardian and shall discharge the guardian from guardianship in excess of 5 and forthwith appoint a successor.