45.37 Cross-reference
Cross Reference: See also s.
VA 6.01, Wis. adm. code.
45.37 Annotation
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 Wis. 2d 580,
175 N.W.2d 640 (1970).
45.375
45.375
Hospital at Wisconsin Veterans Home. 45.375(1)
(1) The department 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;
2001 a. 103.
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 corporation that is organized under
ch. 181 and that is a nonprofit corporation, as defined in
s. 181.0103 (17).
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 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.
45.385
45.385
Veterans residential, treatment, and nursing care facilities. 45.385(1)(1)
Veterans southeastern facilities. Subject to authorization under
ss. 13.48 (10) and
20.924 (1), the department may construct or renovate and operate residential, treatment, and nursing care facilities in southeastern Wisconsin, including a community-based residential facility, to be known as the Southern Wisconsin Veterans Retirement Center. The department may employ any personnel that are necessary for the proper management of the Southern Wisconsin Veterans Retirement Center. The department may acquire by gift, purchase, or condemnation lands necessary for the purposes of the Southern Wisconsin Veterans Retirement Center. Title to any properties acquired under this section 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 filed with the secretary of state.
45.385(2)
(2) Veterans northwestern facilities. Subject to authorization under
ss. 13.48 (10) and
20.924 (1), the department may develop, construct or renovate, and operate residential, treatment, and nursing care facilities and programs for veterans in northwestern Wisconsin, on the property of the Northern Wisconsin Center for the Developmentally Disabled in Chippewa Falls. The programs and facilities may include an assisted living facility, a skilled nursing facility, a medical clinic, an adult day health care center, an activities center, and a veterans' assistance program. The department may employ any personnel that are necessary for the proper management of these facilities and programs.
45.396
45.396
Correspondence courses and part-time classroom study. 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, from a school that is approved under
s. 45.35 (9m), from a proprietary school that is approved under
s. 45.54, or from any public or private high school may be reimbursed in part for the cost of the course 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 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) (th).
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 this section upon the completion of any correspondence courses or part-time classroom study from an institution of higher education located outside this state, from a school that is approved under
s. 45.35 (9m), or from a proprietary school that is approved under
s. 45.54, 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 part by the department when such courses are related to one's occupational, professional or employment 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 tuition, to the extent that such reimbursement is insufficient to cover all educational costs.
45.396(5)(a)(a) Except as provided in
par. (b), the amount of the reimbursement may not exceed the total cost of the veteran's tuition or the standard cost for a state resident for tuition for an equivalent undergraduate course at the University of Wisconsin-Madison per course, whichever is less, minus any grants or scholarships that the veteran receives specifically for the payment of tuition and may not be provided to a veteran more than 4 times during any consecutive 12-month period.
45.396(5)(b)
(b) Any individual who is eligible to receive reimbursement under
par. (a) shall be reimbursed an amount not to exceed the amount determined under
s. 45.396 (9).
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.
45.396(6)
(6) The department may make a grant under this section to an applicant whose name appears on the statewide support lien docket under
s. 49.854 (2) (b) only if the applicant provides the department with one of the following:
45.396(6)(a)
(a) A repayment agreement that the applicant has entered into, that has been accepted by the county child support agency under
s. 59.53 (5) and that has been kept current for the 6-month period immediately preceding the date of the application.
45.396(6)(b)
(b) A statement that the applicant is not delinquent in child support or maintenance payments and does not owe past support, medical expenses or birth expenses, signed by the department of workforce development or its designee within 7 working days before the date of the application.
45.396(7)(a)(a) No veteran may receive a grant under this section if the department determines that the income of the veteran and his or her spouse exceeds $50,000 plus $1,000 for each dependent in excess of 2 dependents.
45.396(7)(b)
(b) In determining eligibility for grants under this section, the department shall verify all reported income amounts by contacting the employer designated by the veteran or spouse, securing a copy of their prior year's income tax returns or obtaining a profit and loss statement from the veteran for at least 6 of the 12 months immediately preceding the loan application date.
45.396(8)
(8) The department may not make a grant under this section unless the department determines that a course for which an application is made is related to the applicant's occupational, professional or employment objectives.
45.396(9)
(9) A disabled veteran who meets the requirements under this section and whose disability is rated at 30% or more under
38 USC 1114 or
1134 may be reimbursed for up to 100% of the cost of tuition and fees, but that reimbursement is limited to 100% of the standard cost for a state resident for tuition and fees for an equivalent undergraduate course at the University of Wisconsin-Madison per course and may not be provided to an individual more than 4 times during any consecutive 12-month period.
45.396 History
History: 1971 c. 42;
1971 c. 125 s.
522 (1);
1971 c. 154,
198,
307;
1975 c. 39,
199,
224,
422;
1979 c. 34 ss.
819b,
2102 (56) (a);
1981 c. 20;
1983 a. 481,
503,
538;
1985 a. 29,
129;
1987 a. 27,
242;
1989 a. 31,
56;
1991 a. 39,
166;
1993 a. 16;
1995 a. 27,
404;
1997 a. 27,
115,
121;
1999 a. 9;
2001 a. 16,
38;
2003 a. 33,
83.
45.396 Cross-reference
Cross Reference: See also ch.
VA 2, Wis. adm. code.
45.397
45.397
Retraining grant program. 45.397(1)
(1)
Grant amount and application. The department may grant a veteran not more than $3,000 for retraining to enable the veteran to obtain gainful employment. The department shall determine the amount of the grant based on the veteran's financial need. A veteran may apply for a grant to the county veterans' service officer of the county in which the veteran is living. The department may, on behalf of a veteran who is engaged in a structured on-the-job training program and who meets the requirements under
sub. (2), pay a retraining grant under this subsection to the veteran's employer.
45.397(2)
(2) Eligibility. The department may make a grant under this section if all of the following apply:
45.397(2)(a)
(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 approval board under
s. 45.54, other than a proprietary school offering a 4-year degree or 4-year program, or is engaged in a structured on-the-job training program that meets program requirements promulgated by the department by rule.
45.397(2)(b)
(b) The veteran meets the financial assistance criteria established under
sub. (3) (c).
45.397(2)(c)
(c) The veteran is unemployed, underemployed, as defined by administrative rule, or has received a notice of termination of employment.
45.397(2)(cm)
(cm) The veteran requesting a grant has not received reimbursement under
s. 45.25 or
45.396 for courses completed during the same semester for which a grant would be received under this section.
45.397(2)(d)
(d) The department determines that the veteran's proposed program will provide retraining that could enable the veteran to find gainful employment. In making its determination, the department shall consider whether the proposed program provides adequate employment skills and is in an occupation for which favorable employment opportunities are anticipated.
45.397(3)
(3) Rules. The department shall promulgate rules for the distribution of grants under this program, including all of the following:
45.397(3)(a)
(a) Standard budgets for single and married veterans.
45.397(3)(dg)
(dg) Coordination with other occupational training programs.
45.397(3)(e)
(e) Other provisions the department deems necessary to assure uniform administration of this program.
45.397(5)
(5) Report. Beginning in 1993, the department shall include in its biennial report under
s. 15.04 (1) (d) information relating to the veterans retraining grant program, including the number of veterans obtaining gainful employment after receiving a grant and a description of the veterans receiving grants, including their sex, age, race, educational level, service-connected disability status and income before and after obtaining gainful employment. This information may be based on a valid statistical sample.
45.42
45.42
Burial places compiled. 45.42(1)
(1) The department may compile a record of veteran's burial places located within the state that may, so far as practicable, indicate all of the following information:
45.42(1)(b)
(b) The service in which the deceased veteran was engaged.
45.42(1)(c)
(c) The appropriate designation of the deceased veteran's armed forces unit.
45.42(1)(d)
(d) The deceased veteran's rank and period of service.
45.42(1)(e)
(e) The name and location of the cemetery or other place in which the deceased veteran's body is interred.
45.42(1)(f)
(f) The location of the deceased veteran's grave in the cemetery or other place of interment.
45.42(1)(g)
(g) The character of the headstone or other marker, if any, at the deceased veteran's grave.
