1999 Wisconsin Act 63

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63,50 Section 50. 45.71 (9) (a) and (b) of the statutes are repealed.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63,52 Section 52. 45.73 (title) of the statutes is repealed.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63,54 Section 54. 45.73 (2) of the statutes is repealed.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63,56 Section 56. 45.74 (3) of the statutes is repealed.

63,57 Section 57. 45.74 (5) of the statutes is repealed.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63,59 Section 59. 45.745 (3) of the statutes is repealed.

63,60 Section 60. 45.745 (5) of the statutes is repealed.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