45.358(2)
(2) Construction and operation of cemeteries. Subject to authorization under
ss. 13.48 (10) and
20.924 (1), the department may construct and operate veterans cemeteries in northwestern and southeastern Wisconsin and may employ any personnel that are necessary for the proper management of the cemeteries. The cemetery in southeastern Wisconsin is the Southern Wisconsin Veterans Memorial Cemetery. The cemetery in northwestern Wisconsin is the Northern Wisconsin Veterans Memorial Cemetery. The department may acquire, by gift, purchase, or condemnation, lands necessary for the purposes of the cemeteries. Title to the properties shall be taken in the name of this state. Every deed of conveyance shall be immediately recorded in the office of the proper register of deeds and thereafter filed with the secretary of state. All cemeteries operated by the department are exempt from the requirements of
ss. 157.061 to
157.70 and
440.90 to
440.95.
45.358(3)
(3) Eligibility. The following persons are eligible for burial at a cemetery constructed and operated under
sub. (2) or
s. 45.37 (15):
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 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 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 entry or reentry into service in the Wisconsin army national guard or air national guard or a reserve component of the U.S. armed forces or 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, surviving spouse and dependent children.
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 12 consecutive months after entering or reentering 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 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 Cross-reference
Cross Reference: See also ch.
VA 14, Wis. adm. code.
45.36
45.36
Release of information and records by the department and by county veterans' service offices. 45.36(1)(1)
Definitions. In this section:
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 Cross-reference
Cross Reference: See also s.
VA 1.10, Wis. adm. code.
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 employees 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 employees 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 be released by the department or service office only 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, by any agency of this state, by any law enforcement or public welfare agency of any Wisconsin county, or by members of the state senate and assembly. The rules will otherwise provide for release of personal information pertaining to or contained in any application for benefits, whether pending or adjudicated, only when authorized in writing by the applicants or when necessary to assist applicants in securing veterans benefits that the applicants may be entitled to or when necessary for the efficient management of loans made by the department.
45.365
45.365
Wisconsin Veterans Home at King and southeastern facility; management. 45.365(1)(a)3.
3. "Southeastern facility" means any of the residential, treatment or nursing care facilities operated by the department in southeastern Wisconsin under
s. 45.385.
45.365(1)(am)
(am) The department shall operate the home, and employ a commandant and the officers, nurses, attendants, and other personnel necessary for the proper conduct of the home. The department may employ a commandant for the southeastern facility. In compliance with the compensation plan established pursuant to
s. 230.12 (3), a commandant may recommend to the director of personnel charges for meals, living quarters, laundry, and other services furnished to employees and members of the employees' family maintained at the home and the southeastern facility. Complete personal maintenance and medical care to include programs and facilities that promote comfort, recreation, well-being, or rehabilitation shall be furnished to all members of the home under the policy of the department.
45.365(1)(b)
(b) All money received in reimbursement for services to home or southeastern facility employees under
par. (a) or in payment for meals served to guests at the home or southeastern facility shall be accumulated in an account named "employee 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 and southeastern facility 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 southeastern facilities, 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 and southeastern facility. 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 and southeastern facility 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)(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) A commandant and employees designated by the commandant may summarily arrest all persons within or upon the grounds of the home or southeastern facility who are guilty of any offense against the laws of this state or the rules and regulations governing the home or southeastern facility. For this purpose, a commandant and deputies have the power of constables.
45.365(5)
(5) The fire department at the home or southeastern facility in response to emergency fire calls may make runs and render fire fighting service beyond the confines of the home or southeastern facility.
45.365(6)
(6) The home and the nursing care facility within the southeastern facility are subject to
ch. 150,.
45.365 Cross-reference
Cross Reference: See also ch.
VA 6, Wis. adm. code.
45.37
45.37
Who are eligible to membership. 45.37(1)
(1)
General statement. Within the limitations of the home and southeastern facility, the department may admit to membership in the home and southeastern facility 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" has the meaning given in
s. 45.001 (4) (a) or 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 for at least one day during a war period 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 a service-connected disability.
45.37(2)
(2) Basic eligibility requirements. A veteran may be admitted to the home or southeastern facility 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 or southeastern facility.
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)(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 or southeastern facility 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 or southeastern facility.
45.37(2)(h)
(h)
Care needs. Has care needs which the home or southeastern facility is able to provide within the resources allocated for the care of members of the home or southeastern facility.
45.37(3)
(3) Exceptions to the basic eligibility requirements. 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 12-month period after enlistment or induction into service and before the date of his or her application. If a person applying for a benefit under this subchapter meets the residency requirement of 12 consecutive months, the department may not require the person to reestablish that he or she meets that residency requirement when he or she later applies for any other benefit under this chapter that requires residency.
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 or southeastern facility. Establishment of the priority date of the application may be deferred to the date that the home or southeastern facility 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 or southeastern facility.
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 for admission at a southeastern facility. Surviving spouses and parents of eligible veterans shall not be eligible for admission at the home except for those admitted to the home 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)1m.1m. The order of priority for admission to the home or southeastern facility shall be as follows:
45.37(4)(c)1m.c.
c. Surviving spouses of eligible veterans shall be given 3rd priority for admission to the home.
45.37(4)(c)1m.d.
d. Parents of eligible veterans shall be given 4th priority for admission to the home.
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 12 months 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 12-months 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(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 or southeastern facility 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 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.
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 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.
45.37(9)(h)
(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.
45.37(9c)
(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 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.
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).
