AB734: Bill Text

AB734,12,10 VA 5.03 (11) Prepare an annual report to the board on the operation of the museum and make such other reports as the secretary may require.

AB734,28 Section 28. Chapter VA 6 (title) of the administrative code is amended to read:

AB734,12,13 Chapter VA 6 WISCONSIN VETERANS HOME HOMES

AB734,29 Section 29. VA 6.01 (1) of the administrative code is amended to read:

AB734,13,2 VA 6.01 (1) Objective. The department or its designated contractor under s. 45.50 (2m) (c), Stats., shall maintain and operate the Wisconsin veterans home homes and shall admit as members eligible veterans ,; their eligible spouses, surviving spouses, and parents,; and eligible parents of any child who died while serving in the armed forces of the United States. The department or its designated contractor shall furnish provide directly to all members, or ensure that all members receive, personal maintenance, and medical and nursing care to include, including programs and facilities which promote comfort, recreation, well-being , and rehabilitation. The department shall be the payer of last resort for the personal maintenance care, medical and nursing care, programs, and facilities provided under this subsection and subs. (11) and (12) that are not paid for by the designated contractor or 3rd parties.

AB734,30 Section 30. VA 6.01 (2) of the administrative code is renumbered VA 6.01 (2) (a) and amended to read:

AB734,13,12 VA 6.01 (2) (a) No Except as provided in par. (b), no person shall may be admitted until such to a home unless the person has submitted an application on forms furnished by the home and such the application has been approved by the commandant. Each question must shall be fully and accurately answered and the completed application shall be properly executed. An applicant shall authorize the department to conduct a background check of his or her criminal record. Upon admission of the applicant as a member, the completed application shall be a valid and binding contract by and between the member and the home.

AB734,31 Section 31. VA 6.01 (2) (b) of the administrative code is created to read:

AB734,13,15 VA 6.01 (2) (b) A person may be admitted into a home on a conditional basis pending the completion of the processing of his or her application.

AB734,32 Section 32. VA 6.01 (3) (title) of the administrative code is amended to read:

AB734,13,17 VA 6.01 (3) (title) Exhibits Documents required.

AB734,33 Section 33. VA 6.01 (3) (a) of the administrative code is renumbered VA 6.01 (3) (a) (intro.) and amended to read:

AB734,13,22 VA 6.01 (3) (a) (intro.) Each For the purpose of proving eligibility under s. 45.51 (2), Stats., the applicant shall provide all of the following documents with the application shall be accompanied by a:

AB734,13,23 1. A complete financial statement of the applicant , a .

AB734,14,3 2. A physician's report of physical examination of the applicant, a certified copy of the applicant's birth certificate or other acceptable evidence relating to the applicant's birth, and.

AB734,14,15 3. An original or a certified copies or verifiable copy of reports each report of separation or discharges discharge of the applicant or the veteran upon whose eligibility the applicant is relying for all periods of active service in the armed forces of the United States during one wartime period as enumerated in s. 45.01 (12), Stats., or which establish that the veteran was entitled to receive the Armed Forces Expeditionary Medal, the Navy Expeditionary Medal, the Marine Corps Expeditionary Medal or the Vietnam Service Medal or served pursuant to section 1 of executive order 10957, or served under s. 45.01 (11), Stats., in Lebanon between August 1, 1982 and August 1, 1984, in Grenada between October 23, 1983 and November 21, 1983, in Panama or in a Middle East Crisis and, except in the case of a Wisconsin resident at the time of entry into active service or the spouse of such a veteran applicant, 1 affidavit attesting to the applicant's Wisconsin residence.

AB734,14,21 (b) All exhibits except documents required under par. (a), other than originals or certified or verifiable copies of reports of separation will, shall be required of an applicant who applies for readmission to a home more than 60 days after discharge but an affidavit in lieu of exhibits from the home. Updates of documents required under par. (a) may be accepted requested from an applicant who applies for readmission within 60 days of discharge.

AB734,34 Section 34. VA 6.01 (4) of the administrative code is amended to read:

AB734,15,2 VA 6.01 (4) Spouse. A veteran's In addition to the documents required under sub. (3), an applicant who is a spouse of a veteran shall also furnish a certified copy of his or her certificate of marriage to the veteran or any other verifiable evidence of marriage that is acceptable to the department.

AB734,35 Section 35. VA 6.01 (5) of the administrative code is amended to read:

AB734,15,8 VA 6.01 (5) Surviving spouse. The application of a veteran's In addition to the documents required under subs. (3) and (4), an applicant who is a surviving spouse of a veteran shall be accompanied by a certified copy of the certificate of marriage of the applicant to the eligible veteran and with furnish a certified or verifiable copy of such the veteran's death certificate.

AB734,36 Section 36. VA 6.01 (6) of the administrative code is amended to read:

AB734,15,17 VA 6.01 (6) Parent. The application of the In addition to the information required under sub. (3), an applicant who is a parent of a veteran or of a child who died while serving in the armed forces of the United States shall also be accompanied by the furnish a certified or verifiable copy of the public record of birth of the veteran or child through whom eligibility is claimed, and either a complete physician's report of physical examination of such veteran and a complete financial statement and 2 residence affidavits pertaining to such veteran or and a certified or verifiable copy of such the veteran's or the child's death certificate.

AB734,37 Section 37. VA 6.01 (8) of the administrative code is amended to read:

AB734,16,2 VA 6.01 (8) Readmission. A former member may be readmitted to the a home only if a he or she submits a new application has been submitted with the documents required under sub. (3) (b) and the application is approved by the commandant on the basis of the commandant's determination that the home can is able to provide suitable appropriate care for the applicant. A former member who was given an undesirable or dishonorable discharge may be readmitted only if the commandant is satisfied that the conduct leading to such the discharge will not be repeated. The commandant may also require that an applicant for readmission shall have paid all moneys which the applicant owed to the home.

AB734,38 Section 38. VA 6.01 (9) of the administrative code is amended to read:

AB734,16,6 VA 6.01 (9) Dependents of members. Nonmember dependents of members may not be quartered or maintained at the a home, except under the policy for guests established by the commandant.

AB734,39 Section 39. VA 6.01 (11) of the administrative code is amended to read:

AB734,16,14 VA 6.01 (11) Clothing and comfort items Personal maintenance. Clothing, The department or its designated contractor under s. 45.50 (2m) (c), Stats., shall provide directly to all members, or shall ensure as payer of last resort that all members receive, items for personal maintenance as their needs may require. These items shall include clothing, toiletries, and necessary aids to good grooming, including barber and beautician services, shall be furnished to members as their needs may require.

AB734,40 Section 40. VA 6.01 (12) of the administrative code is amended to read:

AB734,16,23 VA 6.01 (12) Medical and nursing care. Medical The department or its designated contractor under s. 45.50 (2m) (c), Stats., shall provide directly to all members, or shall ensure as payer of last resort that all members receive, medical and nursing care, as their needs may require. Medical and nursing care includes physician's services, nursing care, hospitalization, medications, special diets, dental care including dental prosthesis, eye glasses, braces, hearing aid batteries and repairs, and ancillary medical care services will be furnished members as their needs may require.

AB734,41 Section 41. VA 6.01 (15) of the administrative code is amended to read:

AB734,17,4 VA 6.01 (15) Admission, denial , or deferral. Notwithstanding the other provisions of this section sub. (1), the department may defer or deny an applicant's admission to the a home when the commandant determines that the home will be is unable to provide appropriate care to the applicant.

AB734,42 Section 42. VA 6.01 (16) of the administrative code is amended to read:

AB734,17,11 VA 6.01 (16) Charges for care and maintenance. Charges for care and maintenance shall be computed every January for the various categories of care provided by the a home. The computations shall be based upon the estimated costs of care to be incurred by the home for the succeeding annual period. The department may update charges in July to reflect changes in costs during the year. Charges shall be made for actual care and maintenance provided to a member.

AB734,43 Section 43. VA 6.01 (17) of the administrative code is amended to read:

AB734,17,16 VA 6.01 (17) Definition -- "published". For the purposes of this chapter, "published" means printing of regulations, making them available to members, employees, and visitors, and posting them on a bulletin board in a public place on the home grounds of a home.

AB734,44 Section 44. VA 6.02 (intro.) of the administrative code is amended to read:

AB734,17,21 VA 6.02 Duties and responsibilities of the commandant. (intro.) The commandant of a veterans home, under the direction of the secretary, shall operate the Wisconsin veterans home pursuant to Wisconsin Statutes and in accordance with the policies established by the board department. The commandant shall:

AB734,45 Section 45. VA 6.02 (12) of the administrative code is repealed.

AB734,46 Section 46. VA 6.03 (1) of the administrative code is amended to read:

AB734,18,6 VA 6.03 (1) Driver's license required. No person may operate any motor vehicle on any roadway, or driveway or in any parking lot of the a home unless the person holds a valid and current operator's license or unless he or she is exempt from the requirement that such a an operator's license be held in order to operate a motor vehicle on the highways of this state, and no. No person may operate a motor vehicle, other than an authorized maintenance motor vehicle, anywhere on the home grounds of a home except on a roadway, or driveway or in a parking lot. Members using power wheelchairs are exempt from the requirements of this subsection.

AB734,47 Section 47. VA 6.03 (2) of the administrative code is amended to read:

AB734,18,13 VA 6.03 (2) Vehicle license required. No person may operate any motor vehicle on any roadway, or driveway , or in any parking lot of the a home unless the vehicle has been properly registered or unless it is exempt from the requirement that the vehicle be registered in order that it may be operated on the highways of this state. Members using power wheelchairs are exempt from the requirements of this subsection.

AB734,48 Section 48. VA 6.03 (4) of the administrative code is amended to read:

AB734,18,19 VA 6.03 (4) Dumping prohibited. The dumping of any waste, trash, debris, or other rubbish on the home grounds of a home or along the home grounds any lakeshore on or abutting the grounds of a home is prohibited, except in disposal areas designated by the commandant or elsewhere as may be specifically designated by the commandant.

AB734,49 Section 49. VA 6.03 (5) of the administrative code is amended to read:

AB734,18,23 VA 6.03 (5) Removing property prohibited. The removal of any shrubs, trees, plants, wood, rocks, earth, or other natural products or materials from the home grounds of a home is prohibited except as may be authorized by the commandant.

AB734,50 Section 50. VA 6.03 (6) of the administrative code is amended to read:

AB734,19,3 VA 6.03 (6) Wildlife molestation prohibited. The removal, destruction, or molestation of any wildlife within the boundaries of the home grounds of a home is prohibited except as may be authorized by the commandant.

AB734,51 Section 51. VA 6.03 (7) of the administrative code is amended to read:

AB734,19,7 VA 6.03 (7) Damaging property. The defacing of, damage to, or wanton destruction of any structures, buildings, improvements, shrubs, trees , or plants on the home grounds of a home is prohibited.

AB734,52 Section 52. VA 6.03 (8) of the administrative code is amended to read:

AB734,19,11 VA 6.03 (8) Drunkenness Intoxication prohibited. Any person who is found in an intoxicated condition on the home grounds of a home may be subject to arrest and prosecution.

AB734,53 Section 53. VA 6.03 (9) of the administrative code is amended to read:

AB734,19,19 VA 6.03 (9) Canvassing, peddling, and soliciting. Canvassing, peddling, or soliciting is prohibited on the grounds or in the buildings of the a home, except that the commandant may authorize home posts and chapters of veterans organizations and their auxiliaries to conduct fund raising fundraising activities at designated times and places, and to solicit membership. The A commandant of a home may authorize and establish conditions for solicitations at the home by other charitable organizations.

AB734,54 Section 54. VA 6.03 (10) of the administrative code is amended to read:

AB734,20,2 VA 6.03 (10) Lakeshore use. Except as specifically authorized by the commandant of a home, use of the home lakeshore, beaches, piers, or boating and swimming facilities on or abutting the grounds of the home by persons other than members and employees or guests of members or employees is prohibited. Use of such facilities shall be at the risk of the individuals using them and shall be limited to daylight hours.

AB734,55 Section 55. VA 6.03 (11) of the administrative code is amended to read:

AB734,20,9 VA 6.03 (11) Camping and picnicking. Camping on the home grounds of a home is prohibited. Picnicking may be authorized by the commandant of a home on the home's grounds in areas specifically designated by the commandant as picnic grounds. The commandant shall establish rules governing permitted picnic hours, the disposal of garbage and other refuse, and such any other matters as may be deemed that the commandant determines to be necessary.

AB734,56 Section 56. VA 6.03 (12) of the administrative code is amended to read:

AB734,20,13 VA 6.03 (12) Firearms. The carrying or use of firearms within the limits of the a home, except by firing squads or for police or military purposes, is prohibited unless authorized by the commandant of the home.

AB734,57 Section 57. VA 6.04 (1) of the administrative code is amended to read:

AB734,20,16 VA 6.04 (1) Rules and regulations. Members of a home shall obey all rules of the home and all rules and regulations prescribed by the commandant of the home.

AB734,58 Section 58. VA 6.04 (5) of the administrative code is amended to read:

AB734,21,6 VA 6.04 (5) Administration of members members' personal finances. Members of a home shall be permitted to receive, disburse , and manage their personal finances as long as they are capable of doing so. Upon determination by the medical staff that a member is unable to manage funds wisely, the commandant of the home shall automatically assume control over the member's funds and prepare a letter setting forth such the determination and assumption of control, copies a copy of which shall be mailed to any relatives concerned and to the secretary of the department. Immediately upon assumption of control over a member's funds by the commandant, they shall be deposited in a personal account in the home administrative office of the home, and withdrawals from such the account shall be confirmed by the commandant or the commandant's designee. Relatives and friends of members whose funds are under the control of the commandant may not be permitted to receive or disburse these members' funds or exercise control over their funds unless specifically authorized by appropriate court order.

AB734,59 Section 59. VA 6.04 (9) of the administrative code is amended to read:

AB734,21,9 VA 6.04 (9) Disposal of clothing prohibited. A member shall of a home may not sell, give away, throw away nor, or destroy clothing issued by the home.

AB734,60 Section 60. VA 6.04 (10) of the administrative code is amended to read:

AB734,21,13 VA 6.04 (10) Alcoholic beverages prohibited. Members of a home may not bring any alcoholic beverages onto the home grounds of the home or keep such alcoholic beverages in their quarters.

AB734,61 Section 61. VA 6.04 (14) of the administrative code is amended to read:

AB734,21,21 VA 6.04 (14) Gift of property by a member. A gift of property by a member of a home shall be invalid unless physical possession of the property is transferred to the donee at the time the gift is made and unless the property is removed from the premises of the home before the death of the member. A gift of property by a member during the member's lifetime with the understanding that the member may retain physical possession of such the property until the member's death or a gift of property which is to take effect upon the death of the member donor is invalid.

AB734,62 Section 62. VA 6.04 (15) of the administrative code is amended to read:

AB734,22,6 VA 6.04 (15) Loan of property to member. Property loaned to a member of a home by a nonmember must shall be declared to be loaned property at the time its possession is transferred to the member, and the. The nonmember loaning the property to the member must shall at such the time of the loan file a sales slip, invoice, or other evidence of ownership with the home office of the home and shall affix an identifying tag to the loaned property which . The tag must shall remain affixed to such the property during the term of the member's stay at the home. Any property not so identified will be deemed shall become the property of the member upon death, and will shall be distributed to the state.

AB734,63 Section 63. VA 6.05 (1) of the administrative code is amended to read:

AB734,22,21 VA 6.05 (1) Disciplinary procedure for serous offences offenses . The Each home shall maintain a complete record of each offense by a member of the home for which the member could be given a dishonorable discharge under sub. (7), showing the name of the offender, date and place of the offense, and the nature of the offense. Each member charged with such an offense shall be furnished with a copy of the charge or charges placed against the member. No member may be given a dishonorable discharge or disciplined in any way for the offense without a hearing before the commandant of the home at a time and place to be fixed by the commandant. Each member charged with an offense shall be furnished with a copy of the charge or charges placed against the member. No member may be given a dishonorable discharge or disciplined in any way for the offense without a hearing before the commandant at a time and place to be fixed by the commandant. A summary of evidence introduced, and the findings and the decision of the commandant shall be filed in each case.

AB734,64 Section 64. VA 6.05 (2) of the administrative code is amended to read:

AB734,23,13 VA 6.05 (2) Disciplinary orders, review , and appeal. A member found guilty by the a commandant under sub. (1) of an offense may be dishonorably discharged, given an enforced leave of absence for a period not exceeding 60 days, restricted to the home grounds of the home or designated portions thereof parts of the grounds, or disciplined in such any other manner as the commandant deems determines to be just and proper. Upon written application by the member involved within 10 days of issuance of a disciplinary order by the commandant, the secretary shall review any discharge, enforced leave of absence, restriction, or other disciplinary action ordered by the commandant, and shall confirm, modify, or reverse the order. The member involved may, within 10 days of action by the secretary, appeal from the decision by the department before the appropriate departmental committee. In these cases, recommendations by the committee shall be submitted promptly to the board for review and final action on the appeal. Upon application for review or appeal file a request for a hearing under s. 227.42, Stats. If a request for hearing is filed, the disciplinary order involved shall be stayed pending determination of the review or appeal the final decision by the department.

AB734,65 Section 65. VA 6.05 (3) of the administrative code is amended to read:

AB734,23,18 VA 6.05 (3) Off-limits. The commandant of a home may prohibit any member of the home from entering any tavern or establishment in the vicinity of the home and may declare any such establishment off-limits to any or all members member if such action is necessary for the maintenance of discipline and control.

AB734,66 Section 66. VA 6.05 (4) of the administrative code is amended to read:

AB734,24,4 VA 6.05 (4) Grievance procedure. Any member having of a home who has a grievance or complaint of any kind against the home or its management may present such the grievance or complaint in writing to the commandant. In the event of the home. If the member is not satisfied with action by the commandant upon such on the grievance or complaint, the member may refer the matter to the secretary, and the commandant shall promptly transmit such the grievance or complaint together with a written report of investigation and action thereon on the grievance or complaint to the secretary. In the event the member is not satisfied with action by the commandant and the secretary upon such grievance or complaint he or she may appeal the matter to the board.

AB734,67 Section 67. VA 6.05 (5) of the administrative code is amended to read:

AB734,24,16 VA 6.05 (5) Honorable discharge. A member of a home may receive an honorable discharge from membership at the home upon application, provided that he or she has paid all money due the home, and has accounted for all property issued that is not suitable for reissue, that no disciplinary action has been currently imposed or is pending against the member, and that he or she is able to exercise sound judgment in planning and providing for his or her own physical welfare. When a member requires special living or travel facilities or is unable to exercise sound judgment in planning for his or her own physical welfare, the commandant of the home may refer the request for discharge to the county veterans service officer in the member's home county for assistance, and may delay granting an honorable discharge until proper facilities for his or her care and travel are assured.

AB734,68 Section 68. VA 6.05 (6) of the administrative code is amended to read:

AB734,24,22 VA 6.05 (6) Undesirable discharge. A member of a home may be given an undesirable discharge if an obligation to the home is not paid within 60 days of the date of the member's or personal representative's receipt of a billing statement from the home or if the member leaves the home without satisfying the conditions for an honorable discharge.

AB734,69 Section 69. VA 6.05 (7) of the administrative code is amended to read:

AB734,25,7 VA 6.05 (7) Dishonorable discharge. A member of a home may be given a dishonorable discharge for frequent or habitual intoxication,; for willful disobedience of proper orders; for failure to maintain restrictions imposed as a disciplinary measure,; for habitual use of profane, obscene, or abusive language,; for defacing the defacement of, damage to, or destruction of any structures, buildings, improvements, shrubs, trees, or plants on the home grounds, of the home; for unauthorized discharge of firearms within the limits of the home,; for assault on another person,; for theft, ; for committing any other crime,; or for immoral or indecent conduct.

AB734,70 Section 70. VA 6.05 (8) of the administrative code is amended to read: