45.37(7)(a)(a) There is created the veterans mortgage loan repayment fund. All moneys received by the department for the repayment of loans funded under
sub. (6) (a) except for servicing fees required to be paid to authorized lenders, net proceeds from the sale of mortgaged properties, any repayment to the department of moneys paid to authorized lenders, gifts, grants, other appropriations, and interest earnings accruing, any repayment of moneys borrowed under
s. 45.42 (8) (a), all moneys received under
sub. (5) (a) 6., and any moneys deposited or transferred under
s. 18.04 (6) (b) or
(d) shall be promptly deposited into the veterans mortgage loan repayment fund. The board shall establish by resolution a system of accounts providing for the maintenance and disbursement of moneys of the veterans mortgage loan repayment fund to fund loans under
sub. (6) (a) or to fund, refund, or acquire public debt as provided in
s. 18.04 (5). The system of accounts shall record and provide moneys for all of the following purposes:
45.37(7)(a)1.
1. Transfer to the bond security and redemption fund.
45.37(7)(a)2.
2. Acquisition or redemption of public debt in accordance with resolutions of the building commission.
45.37(7)(a)3.
3. Payment of losses arising from delinquency or default in the repayment of loans funded under
sub. (6) (a), including loss of principal and interest accrued to the point of final disposition of the defaulted loan and the expenses of management and sale of the property taken upon default of loan repayment.
45.37(7)(a)4.
4. Payment of all costs incurred by the department in processing and servicing loans, purchasing servicing rights for loans under this section, and accounting for and administering the program under this section, including a portion of grants made to county veterans service officers under
s. 45.82.
45.37(7)(a)5.
5. Payment of all costs incurred in contracting public debt for the purposes under
s. 18.04 (5) and under
s. 18.04 (2) for the purpose of funding veterans housing loans.
45.37(7)(a)6.
6. Payment of costs of issuance of obligations to fund loans under
sub. (6) (c) if not paid from the proceeds of the obligations.
45.37(7)(a)8.
8. Payment of any other costs of program operation and management authorized under this section.
45.37(7)(a)9.
9. Loan money to the veterans trust fund, upon prior approval of the building commission for each loan, for the purposes under
s. 45.42.
45.37(7)(a)10.
10. Payment of origination fees, on behalf of veterans who have at least a 30 percent service-connected disability rating for purposes of
38 USC 1114 or
1134, to authorized lenders under
sub. (5) (b).
45.37(7)(a)12.
12. Payment of obligations arising from the acquisition of a headquarters and museum building for the department under
s. 45.03 (5) (b).
45.37(7)(b)
(b) The board may amend the system of accounts established under
par. (a) only by resolution of the board that is approved by the building commission.
45.37(7)(c)
(c) If revenues of the veterans mortgage loan repayment fund are insufficient to meet all current expenses, the secretary of administration shall establish a repayment schedule whereby the general fund will be reimbursed in an orderly manner for moneys advanced. Interest rates to be charged on loans subsequently issued shall be adjusted to provide sufficient revenues to meet all of this repayment schedule.
45.37(7)(d)
(d) After meeting all expenses and providing for reserves under
par. (a) 3., assets in the veterans mortgage loan repayment fund, upon prior approval of the building commission, may be transferred to the veterans trust fund and used to fund loans under
s. 45.42.
45.37(8)
(8) Use of surpluses. Surpluses may be used under
sub. (11) (c) only if there are no unrestricted fund balances available for that purpose in the funds created under
sub. (10).
Section 20.001 (3) (e) shall not be construed to prohibit this action.
45.37(9)
(9) Limitation on remodeling or alteration for a disabled veteran. Not more than 50 percent of the proceeds of a loan granted under this section for a purpose under
s. 45.34 (1) (a) may be used for remodeling or alteration of the housing accommodation after purchase to meet the special needs of a permanently and totally disabled veteran. That portion of the proceeds used for this purpose shall be reserved and distributed by the authorized lender.
45.37(10)
(10) Repayment of revenue obligations. 45.37(10)(a)(a) All moneys received from any source for repayment of loans, mortgages, or mortgage loan notes funded with proceeds of revenue obligations issued under
sub. (6) (c) shall be deposited into one or more separate nonlapsible trust funds in the state treasury or with a trustee appointed for that purpose by the authorizing resolution for the revenue obligations. The board may pledge revenues received by the funds to secure revenue obligations issued under
sub. (6) (c) and shall have all other powers necessary and convenient to distribute the proceeds of the revenue obligations and loan repayments in accordance with
subch. II of ch. 18. Unrestricted balances in the funds may be used to fund additional loans issued under
sub. (6) (c) and pay the balances owing on loans after the assumptions of the loans or the closings of the sales of residences under
sub. (11) (c).
45.37(10)(b)
(b) Revenue obligations issued under
sub. (6) (c) may not exceed $280,000,000 in principal amount, excluding obligations issued to fund or refund outstanding revenue obligation notes or to refund outstanding revenue obligation bonds.
45.37(10)(c)
(c) Except as may otherwise be expressly provided in resolutions authorizing the issuance of revenue obligations or in other agreements with the holders of revenue obligations, each issue of revenue obligations shall be on a parity with every other revenue obligation issued under
sub. (6) (c) and payable in accordance with
subch. II of ch. 18.
45.37(11)(a)(a) Upon any sale of the residence which secures a guaranteed loan made under this section after April 3, 1980, except for the purchase of the residence at the time the loan is initially made, the guaranteed loan may be assumed or continue to be paid in regular monthly installments if the person who assumes the mortgage loan payments or who will make the regular monthly installments agrees to all of the following:
45.37(11)(a)1.
1. To pay interest on the loan from the date of the assumption of the loan, if the loan is assumed, or from the date of the closing of the sale of the residence at the maximum rates of interest being charged on guaranteed loans on the date the loan was initially made.
45.37(11)(a)2.
2. To increase the amortization payments on the loan by an amount sufficient to amortize the loan by the date the balance on the loan is payable in full according to the original terms of the loan.
45.37(11)(b)
(b) The department and authorized lenders shall increase the interest rates and amortization payments on loans assumed under
par. (a).
45.37(11)(c)
(c) After the assumption of a guaranteed loan funded under
sub. (6) (c), if the loan is assumed, or the closing of the sale of a residence on which a balance is owing on a guaranteed loan funded under
sub. (6) (c), the balance owing on the loan on the date of the assumption of the loan, if the loan is assumed, or the closing of the sale may be paid to the funds created under
sub. (10) from available surpluses, if any, in the veterans mortgage loan repayment fund under
sub. (7) (d). The loan and the mortgage and mortgage note pertaining to the loan may be purchased by the veterans mortgage loan repayment fund under
sub. (7).
45.37(12)
(12) Prior program loans. Subject to this section and
ss. 45.33 to
45.35, neither the department nor an authorized lender may deny a person a loan under this section because of the reason the person sold any property previously mortgaged by the person to the department or an authorized lender, if the person completely paid the balance of any previous loan under this subchapter in accordance with the terms and conditions of the promissory note and the mortgage or other agreement executed in connection with the previous loan.
45.37(13)
(13) Repayment of loan. Any money appropriated or transferred by law from the veterans mortgage loan repayment fund for purposes other than those listed in
sub. (7), other than moneys made temporarily available to other funds under
s. 20.002 (11), shall be repaid from the general fund with interest at a rate of 5 percent per year from the date of the appropriation or transfer to the date of repayment.
45.37 History
History: 2005 a. 22;
2007 a. 96.
ASSISTANCE PROGRAMS
45.40
45.40
Assistance to needy veterans. 45.40(1g)(a)
(a) "Health care provider" means an advanced practice nurse prescriber certified under
s. 441.16 (2), an audiologist licensed under
ch. 459, a dentist licensed under
ch. 447, an optometrist licensed under
ch. 449, a physician licensed under
s. 448.02, or a podiatrist licensed under
s. 448.63.
45.40(1g)(b)
(b) "Illness" or "injury" means a physical or mental health problem that has been diagnosed by a health care provider acting within the scope of the health care provider's license.
45.40(1m)(a)(a) The department may provide subsistence payments to a veteran on a month-to-month basis or for a 3-month period. The department may pay subsistence aid for a 3-month period if the veteran will be incapacitated for more than 3 months and if earned or unearned income or aid from sources other than those listed in the application will not be available in the 3-month period. The department may provide subsistence payments only to a veteran who has suffered a loss of income due to illness, injury, or natural disaster. The department may grant subsistence aid under this subsection to a veteran whose loss of income is the result of abuse of alcohol or other drugs only if the veteran is participating in an alcohol and other drug abuse treatment program that is approved by the department. No payment may be made under this subsection if the veteran has other assets or income available to meet basic subsistence needs or if the veteran is eligible to receive aid from other sources to meet those needs. When determining the assets available to the veteran, the department may not include the first $50,000 of cash surrender value of any life insurance.
45.40(1m)(b)
(b) The maximum amount that any veteran may receive under this subsection per occurrence during a consecutive 12-month period may not exceed $3,000.
45.40(1t)
(1t) Completion of health care forms. A health care provider may complete the medical forms necessary for the receipt of aid under this section if the provider has diagnosed the veteran and determined the veteran's medical condition.
45.40(2)(a)(a) The department may provide health care aid to a veteran for dental care, including dentures; vision care, including eyeglass frames and lenses; and hearing care, including hearing aids.
45.40(2)(c)
(c) The department may not provide health care aid under this subsection unless the aid recipient's health care provider agrees to accept, as full payment for the health care provided, the amount of the payment, the amount of the recipient's health insurance or other 3rd-party payments, if any, and the amount that the department determines the veteran is capable of paying. The department may not pay health care aid under this subsection if the liquid assets of the veteran are in excess of $1,000. When determining the liquid assets of the veteran, the department may not include the first $50,000 of cash surrender value of any life insurance.
45.40(2m)(a)(a) The unremarried spouse and dependent children of a veteran who died on active duty, or in the line of duty while on active or inactive duty for training purposes, in the U.S. armed forces or forces incorporated in the U.S. armed forces are eligible to receive payments under
subs. (1m) and
(2) if the household income of those persons does not exceed the income limitations established under
sub. (3m).
45.40(2m)(b)
(b) The spouse and dependent children of a member of the U.S. armed forces or of the Wisconsin national guard who has been activated or deployed to serve in the U.S. armed forces who are residents of this state, who have suffered a loss of income due to that activation or deployment, and who experience an economic emergency during the member's activation or deployment are eligible to receive assistance under
subs. (1m) and
(2).
45.40(3)
(3) Limitations. The total cumulative amount that any veteran may receive under this section may not exceed $7,500.
45.40(3m)
(3m) Rules. The department shall promulgate rules establishing eligibility criteria and household income limits for payments under
subs. (1m),
(2), and
(2m). The department may not include in the rules establishing eligibility criteria and household income limits any consideration of the first $50,000 of cash surrender value of any life insurance that is available to the veteran's household.
45.40(4)
(4) Appropriations. The department may make payments under this section from the appropriation in
s. 20.485 (2) (vm). Nothing in this section empowers the department to incur any state debt.
45.40(5)
(5) Joint finance supplemental funding. The department may submit a request to the joint committee on finance for supplemental funds from the veterans trust fund to be credited to the appropriation account under
s. 20.485 (2) (vm) to provide payments under this section. The joint committee on finance may, from the appropriation under
s. 20.865 (4) (u), supplement the appropriation under
s. 20.485 (2) (vm) in an amount equal to the amount that the department expects to expend under this section. If the cochairpersons of the committee do not notify the department that the committee has scheduled a meeting for the purpose of reviewing the request for a supplement within 14 working days after the date of the department's notification, the supplement to the appropriation is approved. If, within 14 working days after the date of the department's notification, the cochairpersons of the committee notify the department that the committee has scheduled a meeting for the purpose of reviewing the proposed supplement, the supplement may occur only upon approval of the committee.
45.40 Cross-reference
Cross-reference: See also s.
VA 2.01, Wis. adm. code.
45.41
45.41
Payments to veterans organizations. 45.41(1)(a)
(a) "Regional office" means the U.S. department of veterans affairs regional office in Wisconsin.
45.41(1)(b)
(b) "State veterans organization" means the state organization or department of a national veterans organization incorporated by an act of congress.
45.41(2)
(2) Upon application the department may make a payment to any state veterans organization that establishes that it, or its national organization, or both, has maintained a full-time service office at the regional office for 5 consecutive years out of the 10-year period immediately preceding the application. Any payment shall be as follows, calculated based on the total amount of all salaries and travel expenses under
sub. (3) paid during the previous fiscal year by the state veterans organization to employees engaged in veterans claims service and stationed at the regional office:
45.41(2)(a)
(a) If the total amount paid under
sub. (3) is from $1 to $119,999, the organization may receive an amount equal to 50 percent of the amount paid.
45.41(2)(d)
(d) If the total amount paid under
sub. (3) is $120,000 or more, the organization may receive $70,000.
45.41(2)(e)
(e) An organization that receives a payment under
par. (a) or
(d) shall maintain records as required by the department concerning the organization's expenditure of the payment. That organization shall give the department access to those records upon request of the department, and the department may audit those records.
45.41(3)
(3) A state veterans organization shall file an application annually with the department for the previous 12-month period ending on March 31 of the year in which it is filed. The application shall contain a statement of salaries and travel expenses paid to employees of the organization engaged in veterans claims service activities at the regional office by the state veterans organization covering the period for which application for a payment is made. The statement shall be certified as correct by a certified public accountant licensed or certified under
ch. 442 and sworn to as correct by the adjutant or principal officer of the state veterans organization. The application shall include the state organization's financial statement for its previous fiscal year and evidence of claims service activity that the department requires. The state veterans organization shall submit with its initial application sufficient evidence to establish that it or its national organization, or both, has maintained a full-time service office at the regional office for 5 consecutive years out of the 10-year period immediately preceding the application. Subsequent applications shall be accompanied by an affidavit by the adjutant or principal officer of the state veterans organization stating that the organization, on its own or with its national organization, maintained a full-time service office at the regional office for the entire 12-month period for which application for a payment is made.
45.41(3m)
(3m) If the total amount of payments committed to be paid under
sub. (2) (a) and
(d) exceeds the amount available for the payments from the appropriation under
s. 20.485 (2) (vw), the department shall prorate the reimbursement payments among the state veterans organizations receiving the payments.
45.41(4)(a)(a) From the appropriation under
s. 20.485 (2) (s), the department shall annually provide a payment of $120,000 to the Wisconsin department of the Disabled American Veterans for the provision of transportation services to veterans.
45.41(4)(b)
(b) The Wisconsin department of the Disabled American Veterans shall maintain records as required by the department concerning its expenditure of the payment under
par. (a). The Wisconsin department of the Disabled American Veterans shall give the department access to those records upon request of the department and the department may audit those records to ensure that the Wisconsin department of the Disabled American Veterans is using the payment under
par. (a) to provide transportation services to veterans.
45.41(5)
(5) From the appropriation under
s. 20.485 (2) (vw), the department may annually grant up to $50,000 to the Wisconsin department of the American Legion for the operation of Camp American Legion.
45.41 Cross-reference
Cross-reference: See also ch.
VA 7, Wis. adm. code.
45.42
45.42
Veterans personal loans. 45.42(1)
(1) It is determined that the loan program established under this section is a special purpose credit program for an economically disadvantaged class of persons for purposes of
15 USC 1691-1691f.
45.42(2)
(2) The department may lend a veteran, a veteran's unremarried surviving spouse, or a deceased veteran's child not more than $25,000, or a lesser amount established by the department under
sub. (9). The department may prescribe loan conditions, but the term of the loan may not exceed 10 years, or a shorter term established by the department under
sub. (12). The department shall ensure that the proceeds of any loan made under this section shall first be applied to pay any delinquent child support or maintenance payments owed by the person receiving the loan and then to pay any past support, medical expenses, or birth expenses owed by the person receiving the loan.
45.42(3)
(3) The department may lend to the remarried surviving spouse of a deceased veteran or to the parent of a deceased veteran's child not more than $25,000, or a lesser amount established by the department under
sub. (9), for the education of the deceased veteran's child.
45.42(4)
(4) The department may execute necessary instruments, collect interest and principal, compromise indebtedness, sue and be sued, post bonds, and write off indebtedness that it considers uncollectible. If a loan under this section is secured by a real estate mortgage, the department may exercise the rights of owners and mortgagees generally and the rights and powers set forth in
s. 45.32. The department shall pay all interest and principal repaid on the loan into the veterans trust fund.
45.42(5)
(5) The department may charge loan expenses incurred under this section to the loan applicant. The department shall pay all expenses received under this subsection into the veterans trust fund.
45.42(6)
(6) The department may provide a loan 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 does one of the following:
45.42(6)(a)
(a) Provides to the department 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.
45.42(6)(b)
(b) Provides to the department 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 children and families or its designee within 7 working days before the date of the application.
45.42(6)(c)
(c) Agrees to use the loan proceeds to pay any delinquent child support or maintenance payments and to pay any past support, medical expenses, or birth expenses if the applicant fails to meet the requirements under
par. (a) or
(b).
45.42(7)
(7) No person may receive a loan under this section in an amount that, when added to the balance outstanding on the person's existing loans under s.
45.351 (2), 1995 stats., and s.
45.356, 1995 stats., would result in a total indebtedness to the department of more than $25,000.
45.42(8)(a)(a) The department may borrow from the veterans mortgage loan repayment fund under
s. 45.37 (7) (a) to obtain money to make loans under this section.
45.42(8)(b)
(b) The department may enter into transactions with the state investment board to obtain money to make loans under this section. Transactions authorized under this paragraph may include the sale of loans.
45.42(9)
(9) Subject to the limits established in
subs. (2) and
(3), the department may periodically adjust the maximum loan amount based upon financial market conditions, funds available, needs of the veterans trust funds, or other factors that the department considers relevant.
45.42(10)
(10) The department may periodically adjust the interest rates for loans made under this section, which may vary based upon the term of the loan, the type of security offered, the method of payment, or other factors that the department considers relevant.
45.42(11)
(11) If an applicant's total indebtedness for loans made under this section is more than $5,000, the loan shall be evidenced by a promissory note and secured by a mortgage on real estate located in this state. A loan of $5,000 or less made to an applicant whose total indebtedness for loans made under this section is $5,000 or less shall be evidenced by a promissory note and secured by a guarantor or by a mortgage on real estate located in this state. A mortgage securing a loan made under this section is acceptable if the applicant has equity in the property subject to the mortgage equal to or exceeding a minimum amount that the department establishes by rule.
45.42(12)
(12) Subject to the limit established in
sub. (2), the department may periodically adjust the maximum term limits for loans based upon financial market conditions, funds available, needs of the veterans trust fund, or other factors that the department considers relevant.
45.42 History
History: 2005 a. 22,
25;
2007 a. 20.
45.42 Cross-reference
Cross-reference: See also ch.
VA 12, Wis. adm. code.
