AB210,97,224
(b) Provides to the department a statement that the applicant is not delinquent
25in child support or maintenance payments and does not owe past support, medical
1expenses, or birth expenses, signed by the department of workforce development or
2its designee within 7 working days before the date of the application.
AB210,97,53
(c) Agrees to use the loan proceeds to pay any delinquent child support or
4maintenance payments and to pay any past support, medical expenses, or birth
5expenses if the applicant fails to meet the requirements under par. (a) or (b).
AB210,97,9
6(7) No person may receive a loan under this section in an amount that, when
7added to the balance outstanding on the person's existing loans under s. 45.351 (2),
81995 stats., and s. 45.356, 1995 stats., would result in a total indebtedness to the
9department of more than $25,000.
AB210,97,12
10(8) (a) The department may borrow from the veterans mortgage loan
11repayment fund under s. 45.37 (7) (a) to obtain money to make loans under this
12section.
AB210,97,1513
(b) The department may enter into transactions with the state investment
14board to obtain money to make loans under this section. Transactions authorized
15under this paragraph may include the sale of loans.
AB210,97,19
16(9) Subject to the limits established in subs. (2) and (3), the department may
17periodically adjust the maximum loan amount based upon financial market
18conditions, funds available, needs of the veterans trust funds, or other factors that
19the department considers relevant.
AB210,97,23
20(10) The department may periodically adjust the interest rates for loans made
21under this section, which may vary based upon the term of the loan, the type of
22security offered, the method of payment, or other factors that the department
23considers relevant.
AB210,98,7
24(11) If an applicant's total indebtedness for loans made under this section is
25more than $5,000, the loan shall be evidenced by a promissory note and secured by
1a mortgage on real estate located in this state. A loan of $5,000 or less made to an
2applicant whose total indebtedness for loans made under this section is $5,000 or less
3shall be evidenced by a promissory note and secured by a guarantor or by a mortgage
4on real estate located in this state. A mortgage securing a loan made under this
5section is acceptable if the applicant has equity in the property subject to the
6mortgage equal to or exceeding a minimum amount that the department establishes
7by rule.
AB210,98,17
845.43 Veterans assistance program. (1) The department shall administer
9a program to provide assistance to persons who served in the U.S. armed forces or
10in forces incorporated as part of the U.S. armed forces and who were discharged
11under conditions other than dishonorable. The department shall provide assistance
12to persons whose need for services is based upon homelessness, incarceration, or
13other circumstances designated by the department by rule. The department shall
14designate the assistance available under this section, which may include assistance
15in receiving medical care, dental care, education, employment, and transitional
16housing. The department may provide payments to facilitate the provision of
17services under this section.
AB210,98,21
18(2) The department may charge fees for transitional housing and for other
19assistance provided under this section that the department designates. The
20department shall promulgate rules establishing the fee schedule and the manner of
21implementation of that schedule.
AB210,98,2222
sUbchapter V
AB210,98,2323
Veterans homes
AB210,99,10
2445.50 Veterans homes; management. (1) (a) The department shall operate
25the Wisconsin Veterans Home at King and employ a commandant for the home. The
1department shall employ a commandant for the Wisconsin Veterans Home at Union
2Grove and may employ a commandant for the Wisconsin Veterans Home at
3Chippewa Falls. The department may employ any personnel that are necessary for
4the proper management and operation of veterans homes. In compliance with the
5compensation plan established pursuant to s. 230.12 (3), a commandant may
6recommend to the director of personnel charges for meals, living quarters, laundry,
7and other services furnished to employees and members of the employees' family
8maintained at veterans homes. The department shall provide complete personal
9maintenance and medical care, including programs and facilities that promote
10comfort, recreation, well-being, or rehabilitation, to all members of veterans homes.
AB210,99,1511
(b) All moneys received as reimbursement for services to veterans homes
12employees or as payment for meals served to guests at veterans homes shall be
13accumulated in an account named "employee maintenance credits" and shall be paid
14into the general fund within one week after receipt and credited to the appropriation
15under s. 20.485 (1) (gk).
AB210,99,1816
(c) Veterans homes with a skilled nursing facility shall include a geriatric
17evaluation, research, and education program. The program staff shall be funded
18from the appropriations under s. 20.485 (1) (hm), (j), and (mj).
AB210,99,22
19(2) (a) Subject to authorization under ss. 13.48 (10) and 20.924 (1), the
20department may construct or renovate and operate residential, treatment, and
21nursing care facilities, including a community-based residential facility, to be known
22as the Wisconsin Veterans Home at Union Grove.
AB210,99,2523
(b) Subject to authorization under ss. 13.48 (10) and 20.924 (1), the department
24may develop, construct or renovate, and operate residential, treatment, and nursing
25care facilities and programs for veterans in northwestern Wisconsin, on the property
1of the Northern Wisconsin Center for the Developmentally Disabled in Chippewa
2Falls to be known as the Wisconsin Veterans Home at Chippewa Falls. The programs
3and facilities may include an assisted living facility, a skilled nursing facility, a
4medical clinic, an adult day health care center, an activities center, and a veterans
5assistance program.
AB210,100,12
6(3) The department may acquire, by gift, purchase, or condemnation, lands
7necessary for the purposes of the veterans homes. Title to the lands shall be taken
8in the name of this state and shall be held by and for the uses and purposes of the
9veterans homes. No payment may be made out of the state treasury or otherwise for
10the land until the title has been examined and approved by the attorney general.
11Every such deed of conveyance shall be immediately recorded in the office of the
12proper register of deeds and filed with the secretary of state.
AB210,100,17
13(4) The department may use moneys appropriated under s. 20.485 (1) (h) to
14purchase, erect, construct, or remodel buildings, to provide additions and
15improvements, to provide equipment, materials, supplies, and services necessary for
16the purposes of veterans homes, and for expenses that are necessary and incidental
17to acquisition of property under s. 45.51 (10) and (11).
AB210,101,2
18(5) The department may accept gifts, bequests, grants, or donations of money
19or of property from private sources to be administered by the department for the
20purposes of veterans homes. All moneys received shall be paid into the general fund
21and appropriated as provided in s. 20.485 (1) (h), except that gifts or grants received
22specifically for the purposes of the geriatric program at veterans homes are
23appropriated as provided in s. 20.485 (1) (hm). The department may not apply to the
24gifts and bequests fund interest on certificate of savings deposits for those members
25who do not receive maximum monthly retained income. The department shall
1establish for those persons upon their request individual accounts with savings and
2interest applied as the member requests.
AB210,101,5
3(6) (a) The department may enter into agreements for furnishing and charging
4for water and sewer service from facilities constructed at and for veterans homes to
5public and private properties lying in the immediate vicinity of veterans homes.
AB210,101,96
(b) Agreements under this section shall be drafted to hold harmless the
7department, to require all expense to be paid by the applicant, and to be terminable
8by the department when other water and sewer services become available to the
9applicant.
AB210,101,13
10(7) A commandant and employees designated by the commandant may
11summarily arrest all persons within or upon the grounds of veterans homes who are
12guilty of any offense against the laws of this state or the rules governing veterans
13homes. For this purpose, a commandant and deputies have the power of constables.
AB210,101,16
14(8) A fire department at a veterans home in response to emergency fire calls
15may make runs and render fire fighting service beyond the confines of a veterans
16home.
AB210,101,23
17(9) The department may develop a program to provide stipends to individuals
18to attend school and receive the necessary credentials to become employed at
19veterans homes. If the department develops a stipend program under this
20subsection, the department shall promulgate rules related to the program, including
21the application process, eligibility criteria, stipend amount, repayment provisions,
22and other provisions that the department determines are necessary to administer
23the program.
AB210,102,4
24(10) The department may establish a hospital at the veterans homes. All
25hospitals established under this subsection may not have a total approved bed
1capacity, as defined in s. 150.01 (4m), greater than 16 beds. The approved bed
2capacity of a skilled nursing facility operated at a veterans home is reduced by one
3bed for each approved bed at the hospital established under this subsection at that
4home.
AB210,102,7
545.51 Eligibility for membership. (1)
General statement. Within the
6limitations of veterans homes, the department may admit to membership in veterans
7homes persons who meet the qualifications set forth in this section.
AB210,102,9
8(2) Eligibility. (a) The following persons are eligible for benefits under this
9subchapter if they meet the applicable requirements of this subchapter:
AB210,102,1010
1. A veteran.
AB210,102,1411
2. A person who has served on active duty under honorable conditions in the
12U.S. armed forces or in forces incorporated as part of the U.S. armed forces for 90
13days or more and at least one day during a war period or under section 1 of executive
14order 10957, dated August 10, 1961.
AB210,102,1515
3. A spouse, surviving spouse, or parent of a person under subd. 1. or 2.
AB210,102,1716
(b) A person under par. (a) 1. or 2. may be admitted to a veterans home if the
17person meets all of the following conditions:
AB210,102,1818
1. Is a resident of this state on the date of admission to a veterans home.
AB210,102,2019
2. Is permanently incapacitated due to physical disability or age from any
20substantially gainful occupation.
AB210,102,2321
3
. Has not been convicted of a felony or of a crime involving moral turpitude
22or, if so, has produced sufficient evidence of subsequent good conduct and
23reformation of character as to be satisfactory to the department.
AB210,103,424
4. Provides a complete financial statement containing information that the
25department determines is necessary to evaluate the financial circumstances of the
1person. The department may require a member of a veterans home to provide the
2department with information necessary for the department to determine the
3financial circumstances of the person. If a person fails to provide the additional
4information, the department may discharge the person from the veterans home.
AB210,103,75
5. Has care needs that the veterans home is able to provide within the resources
6allocated for the care of members of the veterans home, including chronic alcoholism,
7drug addition, psychosis, or active tuberculosis.
AB210,103,14
8(3) Admission priorities. (a) Except in cases where there is an immediate need
9for physical care or economic assistance, the department shall act on applications
10based upon the date of receipt of the application by the veterans home. The
11department may defer establishment of the priority date of the application to the
12date that the veterans home is able to verify its ability to provide appropriate care
13to the applicant or to assure that the appropriate care setting is available within the
14home.
AB210,103,1815
(b) Spouses, surviving spouses, and parents derive their eligibility from the
16eligibility of the person under sub. (2) (a) 1. or 2. Surviving spouses and parents of
17eligible persons under sub. (2) (a) 1. or 2. are eligible for admission only to a skilled
18nursing facility at a veterans home.
AB210,103,1919
(c) 1. The order of priority for admission to a veterans home shall be as follows:
AB210,103,2020
a. Eligible persons under sub. (2) (a) 1. or 2. have 1st priority.
AB210,103,2121
b. Spouses of eligible persons under sub. (2) (a) 1. or 2. have 2nd priority.
AB210,103,2322
c. Surviving spouses of eligible persons under sub. (2) (a) 1. or 2. have 3rd
23priority for admission.
AB210,103,2524
d. Parents of eligible persons under sub. (2) (a) 1. or 2. have 4th priority for
25admission.
AB210,104,2
12. The department may deviate from this sequence upon order of the board to
2prevent the separation of a husband and wife.
AB210,104,5
3(4) Additional eligibility requirements of a spouse of a veteran. A spouse
4of an eligible person under sub. (2) (a) 1. or 2. is eligible only if the spouse meets the
5requirements of sub. (2) (b) 3. to 5. and if all of the following apply:
AB210,104,96
(a) The person under sub. (2) (a) 1. or 2. is a member, or if not a member is
7institutionalized elsewhere because of physical or mental disability, and the spouse
8had lived with the person for not less than 6 months immediately before making
9application for membership.
AB210,104,1210
(b) Separation from the spouse necessitated by reason of employment,
11hospitalization, or because of a physical or mental disability of either spouse shall
12not be taken to constitute an interruption of the 6-month period.
AB210,104,1713
(c) A spouse of an eligible person under sub. (2) (a) 1. or 2. by virtue of a marriage
14that was void when entered into but validated under s. 765.21 before applying for
15admission shall, for the purpose of this subsection and sub. (6), be considered
16married to the eligible person under sub. (2) (a) 1. or 2. from the date the marriage
17was entered into.
AB210,104,22
18(5) Additional eligibility requirements of a surviving spouse. The surviving
19spouse of a person under sub. (2) (a) 1. or 2. who was a resident of this state at the
20time of the veteran's death is eligible if the surviving spouse meets the requirements
21of sub. (2) (b) 3. to 5. and if the surviving spouse satisfies all of the following
22conditions:
AB210,104,2323
(a) 1. The surviving spouse satisfies any of the following conditions:
AB210,104,2524
a. Was married to and living with the deceased person under sub. (2) (a) 1. or
252. not less than 6 months immediately prior to the death of the person.
AB210,105,4
1b. Was married to the person under sub. (2) (a) 1. or 2. at the time the person
2entered the service and who became a widow or widower by the death of the person
3while in the service or as a result of physical disability of the person incurred during
4the service.
AB210,105,75
c. The period during which the surviving spouse was married to and lived with
6the deceased person under sub. (2) (a) 1. or 2. plus the period of widowhood or
7widowerhood is 6 months or more.
AB210,105,98
d. Was married to and living with the person under sub. (2) (a) 1. or 2. less than
96 months and a child was born of the marriage.
AB210,105,1010
(b) Has not remarried.
AB210,105,1111
(c) Is 45 years of age or over on the date of application.
AB210,105,1212
(d) Is physically disabled.
AB210,105,1413
(e) Is unable adequately to care for himself or herself and lacks adequate means
14of support.
AB210,105,1615
(f) Has been a resident of this state for the 12 months immediately preceding
16the date of application for membership.
AB210,105,21
17(6) Additional eligibility requirements of parents. The parent of a person
18under sub. (2) (a) 1. or 2. who was a resident of this state at the time of the person's
19death or, the parent of a living person under sub. (2) (a) 1. or 2. who is eligible for
20membership, is eligible if the parent meets the requirements of sub. (2) (b) 3. to 5.
21and if the parent satisfies all of the following conditions:
AB210,105,2222
(a) Has reached 60 years of age.
AB210,105,2423
(b) Has been a resident of this state for the 12-months preceding the date of
24application for membership.
AB210,106,2
1(c) Is physically disabled, unable adequately to care for himself or herself, and
2lacks adequate means of support.
AB210,106,5
3(7) Member income retention and payment. (a)
The board shall establish a pay
4plan for compensation of members for services rendered to a veterans home under
5its work therapy program.
AB210,106,126
(b) Members shall pay the amount due the state for care and maintenance of
7the member within 30 days after the receipt of the veterans home's billing statement
8by the member or by the member's personal representative. The department may
9subject any bill not paid within 30 days after receipt of the billing statement to an
10interest assessment of 1 percent per month or fraction of a month. If payment is not
11made within 60 days after the receipt of the billing statement, the department may
12discharge the member from the veterans home.
AB210,106,1513
(c)
Payment of amounts due the state for care and maintenance of a member
14shall be made to the fullest extent possible from sources of income other than pension
15or compensation paid by the U.S. department of veterans affairs.
AB210,106,1916
(d) A member is not required to use income received from services rendered to
17the veterans home under its work therapy program or from the sale of products or
18services through the hobby shop as payment for the care or maintenance of the
19member at the veterans home.
AB210,106,2220
(e) The department shall supervise the operation of a veterans home exchange,
21including the operation of the hobby shop for the sale of products made by all
22members.
AB210,107,4
23(8) Personal funds of member. A member may, in writing, authorize a
24veterans home to receive, hold, and account for his or her personal funds. Section
2549.498 (8) applies to the funds of a member held by the veterans home under this
1subsection. The department may transfer the personal funds of a member received
2under this subsection to the Wisconsin veterans facilities members fund under s.
325.37. Upon request of the member, the department shall pay the member the
4amount the member requests from his or her personal account.
AB210,107,7
5(9) Medical assistance payments. All moneys received under medical
6assistance, as defined in s. 49.43 (8), for the care of members shall be transferred to
7the appropriation under s. 20.485 (1) (gk).
AB210,107,18
8(10) Conveyance of property; descent. (a) Except as otherwise provided in
9this subsection, the application and admission of any applicant admitted under this
10section shall constitute a valid and binding contract between a member and the
11department. If a member dies leaving a relative that is entitled to an interest in the
12property of the member under the rules of intestate succession or a will the existence
13of which is made known to the commandant of the veterans home within 60 days of
14the member's death, the member's property shall constitute a part of the member's
15estate, except the commandant may distribute personal effects of nominal monetary
16value of a deceased member who is not survived by a member spouse to surviving
17relatives of the member who request the personal effects within a reasonable time
18after the member's death.
AB210,107,2419
(b) The department may manage, sell, lease, or transfer property passing to the
20state pursuant to this section or conveyed to it by members, defend and prosecute all
21actions concerning it, pay all just claims against it, and do all other things necessary
22for the protection, preservation, and management of the property. All expenditures
23necessary for the execution of functions under this paragraph or sub. (14) shall be
24made from the appropriation in s. 20.485 (1) (h).
AB210,108,4
1(c) A person who at the time of death is a member of a veterans home is a
2resident of the county in which the veterans home is located for the probate of the
3person's will, issuance of letters testamentary or other letters authorizing the
4administration of the decedent's estate, and the administration of the estate.
AB210,108,21
5(11) Disposition of property passing to state. If a member dies without a
6relative who is entitled to an interest in the property of the member under the rules
7of intestate succession and without leaving a will the existence of which is made
8known to the commandant of the home within 60 days of the member's death, the
9member's property shall be converted to cash, without administration. The
10commandant of a veterans home shall submit that converted sum to the secretary
11of administration to be paid into the appropriation under s. 20.485 (1) (h). The
12amount paid to the secretary of administration is subject to refund within 6 years to
13the estate of a member if it is subsequently discovered that the member left a will
14or a relative that is entitled to an interest in the property of the member under the
15rules of intestate succession or to any creditor of the member who establishes right
16to the funds or property or any portion of the funds or property. The department of
17administration, upon being satisfied that a claim out of the funds or property is legal
18and valid, shall pay the claim out of the funds or property, except that payment of
19claims for a member's funeral and burial expenses may not exceed a total of $1,500
20including any amount allowed by the United States for the member's funeral and
21burial and the right for burial and interment provided in s. 45.61 (2).
AB210,108,23
22(12) Powers of commandant over personal funds of members. A commandant
23may receive, disburse, and account for funds of members.
AB210,109,3
24(13) Additional eligibility requirements for skilled nursing facilities. Any
25person admitted to a skilled nursing facility at a veterans home shall meet the
1eligibility requirements under ss. 49.45 and 49.46 and rules promulgated under
2those sections during residence at the skilled nursing facility except if any of the
3following apply:
AB210,109,74
(a) Persons with sufficient income and resources to meet the expenses of care
5for one or more months may be admitted to the skilled nursing facility but shall apply
6income and resources to costs to the extent required under ss. 49.45 and 49.46 and
7rules promulgated under those sections.
AB210,109,128
(b) Persons who meet all the requirements of this section but whose degree of
9physical disability does not meet the minimum requirements under ss. 49.45 and
1049.46 and rules promulgated under those sections may be admitted to the skilled
11nursing facility but shall apply income and resources to costs to the extent required
12by ss. 49.45 and 49.46 and rules promulgated under those sections.
AB210,109,18
13(14) Additional eligibility requirement for other care facilities at veterans
14homes. An otherwise eligible person may be admitted to or remain in residency at
15a community-based residential facility, as defined in s. 50.01 (1g) or a residential
16care apartment complex, as defined in s. 50.01 (1d) at a veterans home only if the
17person has sufficient income and resources, and applies the income and resources to
18fully reimburse the department for the cost of providing care to the person.
AB210,109,1919
sUbchapter VI
AB210,109,2020
funerals, burials
, and cemeteries
AB210,109,24
2145.60 Military funeral honors. (1)
Program. (a) The department shall
22administer a program to coordinate the provision of military funeral honors in this
23state to deceased veterans and to deceased persons who have served under honorable
24conditions in any national guard or in a reserve component of the U.S. armed forces.
AB210,110,5
1(b) Military funeral honors may be provided by local units of member
2organizations of the council on veterans programs, by local units of veterans
3organizations certified by the department to provide military funeral honors, by
4members of the Wisconsin national guard activated under s. 21.11 (3), or by staff of
5the department.
AB210,110,11
6(2) Stipends. From the appropriation under s. 20.485 (2) (q), the department
7shall reimburse a local unit of a member organization of the council on veterans
8programs or a local unit of a veterans organization certified by the department to
9provide military funeral honors for the costs of providing military funeral honors in
10this state to a person described in sub. (1). The reimbursement may not exceed $50
11for each funeral for which military honors are provided.
AB210,110,16
12(3) Tuition voucher. (a) The department shall create a tuition voucher form
13to be used by funeral directors under par. (b). The department shall distribute copies
14of the tuition voucher form, plus an explanation of the form's use, to every operator
15of a funeral establishment. The department may not charge a fee for the tuition
16voucher form or for the distribution of the form.
AB210,110,2517
(b) A funeral director may issue a tuition voucher in the amount of $25 to an
18individual who sounds "Taps" on a bugle, trumpet, or cornet during each funeral for
19which military honors are held in this state for a person described in sub. (1) and who
20is a student in grades 6 to 12 or at an institution of higher education, as defined under
21s. 895.515 (1) (b). The tuition voucher may be used at any time for the payment of
22tuition and required program activity fees at a University of Wisconsin System
23institution as provided under s. 36.27 (3r) or a technical college as provided under
24s. 38.24 (6). The department shall encourage private institutions of higher education
25to accept the vouchers. The vouchers are not transferable.
AB210,111,17
145.61 Wisconsin veterans cemeteries. (1) Construction and operation of
2cemeteries. Subject to authorization under ss. 13.48 (10) and 20.924 (1), the
3department may construct and operate veterans cemeteries in central,
4northwestern, and southeastern Wisconsin and may employ any personnel that are
5necessary for the proper management of the cemeteries. The cemetery in central
6Wisconsin is the Central Wisconsin Veterans Memorial Cemetery. The cemetery in
7southeastern Wisconsin is the Southern Wisconsin Veterans Memorial Cemetery.
8The cemetery in northwestern Wisconsin is the Northern Wisconsin Veterans
9Memorial Cemetery. The department may acquire, by gift, purchase, or
10condemnation, lands necessary for the purposes of the cemeteries. Title to the
11properties shall be taken in the name of this state. Every deed of conveyance shall
12be immediately recorded in the office of the proper register of deeds and thereafter
13filed with the secretary of state. The department may accept for the state all gifts,
14grants, and bequests for the purposes of maintenance, restoration, preservation, and
15rehabilitation of the veterans cemeteries constructed under this subsection. All
16cemeteries operated by the department are exempt from the requirements of ss.
17157.061 to 157.70 and 440.90 to 440.95.
AB210,111,19
18(2) Eligibility. The following persons are eligible for burial at a cemetery
19constructed and operated under sub. (1):