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)(c)
(c) Is 45 years of age or over on the date of application; 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)(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.
45.37(11)
(11) Disposition of property descending to state. If a member dies without a relative that is entitled to an interest in the property of the member under the rules of intestate succession and without leaving a will the existence of which is made known to the commandant of the home within 60 days of the member's death, the member's property shall be converted to cash and turned over by the commandant of the home to the state treasurer to be paid into the appropriation under
s. 20.485 (1) (h), without administration. The amount is subject to refund within 6 years to the estate of a veteran if it is subsequently discovered that the veteran left a will or a relative that is entitled to an interest in the property of the member under the rules of intestate succession or to any creditor of the veteran who establishes right to the fund or property or any portion thereof. The department, upon being satisfied that a claim out of such funds or property is legal and valid, shall pay the same out of such funds or property, except that payment of claims for a member's funeral and burial expenses may not exceed a total of $1,500 including any amount allowed by the United States for the member's funeral and burial and the right for burial and interment provided in
sub. (15) (a).
45.37(12)
(12) Certificates of lien. All certificates of lien filed prior to July 31, 1975 are void and shall be released by the department upon request without consideration.
45.37(14)
(14) Powers of commandant over personal funds of members. The commandant of the home may receive, disburse and account for funds of members of the home.
45.37(15)
(15) Eligibility for burial and interment at the home. 45.37(15)(a)(a) A person who is eligible under
s. 45.358 (3) for burial at a veterans cemetery is eligible for burial and interment at the cemetery of the home known as the "Wisconsin Veterans Memorial Cemetery". The cost of preparing the grave and the erection of a marker for a veteran, as defined in
s. 45.358 (1) (b), shall be paid from the appropriation made by
s. 20.485 (1) (gk).
45.37(15)(b)
(b) Application for burial shall be made to the department. The surviving spouse of the veteran, as defined in
s. 45.358 (1) (b), shall have the privilege of selecting a lot next to the veteran if available. Permission shall be given by the department for a period of one year from date of granting, but may be extended, on request, for additional one-year periods.
45.37(15)(c)
(c) Expenses incident to the burial at the home of a member shall be paid from the estate of the decedent, except that if there is no estate or the estate is insufficient, the expense of burial, or necessary part thereof, shall be paid from the appropriation under
s. 20.485 (1) (gk) and the amount expended therefor shall not exceed the amount established for funeral and burial expenses under
s. 49.30 (1) (b).
45.37(17)
(17) Additional eligibility requirements. Any person admitted to the home after December 31, 1973, shall meet during residence at the home the eligibility requirements under
ss. 49.45 and
49.46 and rules promulgated thereunder except that:
45.37(17)(a)
(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 but shall apply income and resources to costs to the extent required by
ss. 49.45 and
49.46 and rules promulgated thereunder; or
45.37(17)(b)
(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 but shall apply income and resources to costs to the extent required by
ss. 49.45 and
49.46 and rules promulgated thereunder.
45.37 History
History: 1971 c. 40,
42,
198;
1973 c. 90,
147;
1973 c. 333 ss.
84,
85,
86,
201m;
1975 c. 39,
94,
199,
224;
1977 c. 29;
1977 c. 105 s.
59;
1977 c. 237,
309;
1977 c. 418 s.
924 (50);
1977 c. 447 s.
206;
1979 c. 34;
1979 c. 110 s.
60 (13);
1979 c. 221;
1981 c. 20 ss.
733m,
2202 (55) (a);
1981 c. 390;
1983 a. 27,
368,
430;
1985 a. 29,
135;
1985 a. 332 s.
251 (1);
1987 a. 27,
399;
1989 a. 31,
56;
1991 a. 2,
39,
102,
189;
1993 a. 16,
254;
1995 a. 123,
255.
45.37 Annotation
An application for admission to the home constitutes a contract for purposes of 45.37 (9), and a resident must surrender property only as called for by the statute at the time of application, not as later amended. Estate of Nottingham, 46 W (2d) 580, 175 NW (2d) 640.
45.375
45.375
Hospital at Wisconsin Veterans Home. 45.375(1)
(1) The department of veterans affairs may establish a hospital at the Wisconsin Veterans Home at King.
45.375(2)
(2) A hospital established under
sub. (1) may not have an approved bed capacity, as defined in
s. 150.01 (4m), greater than 16 beds. The approved bed capacity of the nursing home licensed under
s. 50.03 on July 1, 1995, and operated at the Wisconsin Veterans Home at King is reduced by one bed for each approved bed at the hospital established under
sub. (1).
45.375 History
History: 1995 a. 20,
27.
45.38
45.38
Department, additional powers to provide structures, facilities and permanent improvements. 45.38(1)
(1) In this section unless the context requires otherwise:
45.38(1)(a)
(a) "Existing building" in relation to any conveyance, lease or sublease made under
sub. (2) (a) 1.,
2. and
3. means all detention, treatment, administrative, recreational, infirmary, hospital, vocational and academic buildings; all dormitories and cottages; all storage facilities, heating plants, sewage disposal plants and such other buildings, structures, facilities and permanent improvements as in the judgment of the board are needed or useful for the purposes of the department, and all equipment therefor and all improvements and additions thereto which were erected, constructed or installed prior to the making of such conveyance, lease or sublease.
45.38(1)(b)
(b) "New building" in relation to any conveyance, lease or sublease made under
sub. (2) (a) 1.,
2. and
3. means all detention, treatment, administrative, recreational, infirmary, hospital, vocational and academic buildings; all dormitories and cottages; all storage facilities, heating plants, sewage disposal plants, and such other buildings, structures, facilities and permanent improvements as in the judgment of the board are needed or useful for the purposes of the department, and all equipment therefor and all improvements and additions thereto which are erected, constructed or installed after the making of such conveyance, lease or sublease.
45.38(1)(c)
(c) "Nonprofit corporation" means a nonstock, nonprofit corporation organized under
ch. 181 or any law amendatory thereof or supplemental thereto.
45.38(2)
(2) The department shall have and may exercise the powers and duties provided in this section.
45.38(2)(a)
(a) In order to provide new buildings and to enable the construction and financing thereof, to refinance indebtedness hereafter created by a nonprofit corporation for the purpose of providing a new building or buildings or additions or improvements thereto which are located on land owned by, or owned by the state and held for, the department or on lands of the institutions under the jurisdiction of the department or by the nonprofit corporation, or for any one or more of said purposes, but for no other purpose unless authorized by law, the department has the following powers and duties:
45.38(2)(a)1.
1. Without limitation by reason of any other provisions of the statutes, the power to sell and to convey title in fee simple to a nonprofit corporation any land and any existing buildings thereon owned by, or owned by the state and held for, the department or of any of the institutions under the jurisdiction of the department for such consideration and upon such terms and conditions as in the judgment of the board are in the public interest.
45.38(2)(a)2.
2. The power to lease to a nonprofit corporation for a term or terms not exceeding 50 years each any land and any existing buildings thereon owned by, or owned by the state and held for, the department or of any of the institutions under the jurisdiction of the department upon such terms and conditions as in the judgment of the board are in the public interest.
45.38(2)(a)3.
3. The power to lease or sublease from such nonprofit corporation, and to make available for public use, any land or any such land and existing buildings conveyed or leased to such nonprofit corporation under
subds. 1. and
2., and any new buildings erected upon such land or upon any other land owned by such nonprofit corporation, upon such terms, conditions and rentals, subject to available appropriations, as in the judgment of the board are in the public interest.
45.38(2)(a)4.
4. The duty to submit the plans and specifications for all such new buildings and all conveyances, leases and subleases made under this section to the department of administration and the governor for written approval before they are finally adopted, executed and delivered.
45.38(2)(a)5.
5. The power to pledge and assign all or any part of the revenues derived from the operation of any land or such new buildings as security for the payment of rentals due and to become due under any lease or sublease of such new buildings under
subd. 3.
45.38(2)(a)6.
6. The power to covenant and agree in any lease or sublease of any land or new buildings made under
subd. 3. to impose fees, rentals or other charges for the use and occupancy or other operation of such new buildings in an amount calculated to produce net revenues sufficient to pay the rentals due and to become due under such lease or sublease.
45.38(2)(a)7.
7. The power to apply all or any part of the revenues derived from the operation of any land or existing buildings to the payment of rentals due and to become due under any lease or sublease made under
subd. 3.
45.38(2)(a)8.
8. The power to pledge and assign all or any part of the revenues derived from the operation of any land or existing buildings to the payment of rentals due and to become due under any lease or sublease made under
subd. 3.
45.38(2)(a)9.
9. The power to covenant and agree in any lease or sublease made under
subd. 3. to impose fees, rentals or other charges for the use and occupancy or other operation of any land or existing buildings in an amount calculated to produce net revenues sufficient to pay the rentals due and to become due under such lease or sublease.
45.38(2)(a)10.
10. The power and duty, upon receipt of notice of any assignment by any such nonprofit corporation of any lease or sublease made under
subd. 3., or of any of its rights under any such sublease, to recognize and give effect to such assignment, and to pay to the assignee thereof rentals or other payments then due or which may become due under any such lease or sublease which has been so assigned by such nonprofit corporation.
45.38(2)(b)
(b) The state shall be liable for accrued rentals and for any other default under any lease or sublease made under
par. (a) 3., and may be sued therefor on contract as in other contract actions pursuant to
ch. 775, except that it shall not be necessary for the lessor under any such lease or sublease or any assignee of such lessor or any person or other legal entity proceeding on behalf of such lessor to file any claim with the legislature prior to the commencement of any such action.
45.38(2)(c)
(c) Nothing in this section empowers the board or the department to incur any state debt.
45.38(2)(d)
(d) All powers and duties conferred upon the board or the department pursuant to this section shall be exercised and performed by resolution of the board. All conveyances, leases and subleases made pursuant to this section, when authorized pursuant to resolution of the board, shall be made, executed and delivered in the name of the department of veterans affairs and shall be signed by the director and sealed with the seal of the department.
45.38(2)(e)
(e) All laws, conflicting with any provisions of this section, are, insofar as they conflict with this section and no further, superseded by this section.
45.396
45.396
Correspondence courses and part-time classroom study. 45.396(1)(a)
(a) "Institution of higher education" means an educational institution meeting the requirements of
P.L. 89-329 for institutions covered therein and of
P.L. 89-287 for business, trade, technical or vocational schools and full-time post-high school technical colleges.
45.396(1)(b)
(b) "Part-time classroom study" means any of the following:
45.396(1)(b)1.
1. Enrollment by a graduate student in courses for which no more than 8 semester or the equivalent trimester or quarter credits will be given upon satisfactory completion.
45.396(1)(b)2.
2. Enrollment by a graduate student in courses that upon satisfactory completion will fulfill no more than the minimum semester or equivalent trimester or quarter credit requirements of the program or school in which the student is enrolled.
45.396(1)(b)3.
3. Enrollment by any other eligible student in courses for which no more than 11 semester or the equivalent trimester or quarter credits will be given upon satisfactory completion.
45.396(2)
(2) Any veteran upon the completion of any correspondence course or part-time classroom study from an institution of higher education located in this state or from any public or private high school may be reimbursed in whole or in part for the cost of the course, including necessary textbooks, by the department upon presentation to the department of a certificate from the school indicating that the veteran has completed the course and stating the cost of the course and necessary textbooks and upon application for reimbursement completed by the veteran and received by the department no later than 60 days after the termination of the course for which the application for reimbursement is made. The department shall accept and process an application received more than 60 days after the termination of the course if the applicant shows good cause for the delayed receipt. The department may not require that an application be received sooner than 60 days after a course is completed. Benefits granted under this section shall be paid out of the appropriation under
s. 20.485 (2) (vm).
45.396(3)
(3) A veteran who is a resident of this state and otherwise qualified to receive benefits under this section may receive the benefits under
sub. (2) upon the completion of any correspondence courses or part-time classroom study from an institution of higher education located outside this state, if any of the following applies:
45.396(3)(a)
(a) The part-time classroom study is not offered within 50 miles of the veteran's residence by any school or institution under
sub. (2) and the educational institution from which the study is offered is located not more than 50 miles from the boundary line of this state.
45.396(3)(b)
(b) The correspondence course is not offered in this state.
45.396(4)
(4) Enrolled part-time classroom study or direct correspondence courses from a qualified educational institution may be authorized and the veteran reimbursed in whole or in part by the department when such courses are related to one's occupational, professional or educational objectives, and to the extent that payment or reimbursement is not available from any other sources, or, in cases where reimbursement is not specifically for fees and textbooks, to the extent that such reimbursement is insufficient to cover all educational costs.
45.396(5)
(5) The reimbursement may not exceed the cost of tuition, fees and textbooks and shall also be limited to a maximum of $300 per course and $1,100 per fiscal year.
45.396(5m)(a)(a) No veteran or eligible dependent who has obtained a master's degree or its equivalent is eligible for grants under this section.
45.396(5m)(b)
(b) No veteran or eligible dependent who has obtained at least a baccalaureate degree or its equivalent but not a master's degree or its equivalent is eligible for grants offered under this section if the person has remaining U.S. department of veterans affairs education benefits.
45.396(5m)(c)
(c) For the purpose of this section any student who has received a baccalaureate degree shall be deemed to be a graduate student whether he or she is taking graduate or undergraduate courses.
