2013 Wisconsin Act 189

189,41 Section 41. VA 6.01 (15) of the administrative code is amended to read:

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.

189,42 Section 42. VA 6.01 (16) of the administrative code is amended to read:

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.

189,43 Section 43. VA 6.01 (17) of the administrative code is amended to read:

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.

189,44 Section 44. VA 6.02 (intro.) of the administrative code is amended to read:

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:

189,45 Section 45. VA 6.02 (12) of the administrative code is repealed.

189,46 Section 46. VA 6.03 (1) of the administrative code is amended to read:

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.

189,47 Section 47. VA 6.03 (2) of the administrative code is amended to read:

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.

189,48 Section 48. VA 6.03 (4) of the administrative code is amended to read:

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.

189,49 Section 49. VA 6.03 (5) of the administrative code is amended to read:

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.

189,50 Section 50. VA 6.03 (6) of the administrative code is amended to read:

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.

189,51 Section 51. VA 6.03 (7) of the administrative code is amended to read:

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.

189,52 Section 52. VA 6.03 (8) of the administrative code is amended to read:

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.

189,53 Section 53. VA 6.03 (9) of the administrative code is amended to read:

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.

189,54 Section 54. VA 6.03 (10) of the administrative code is amended to read:

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.

189,55 Section 55. VA 6.03 (11) of the administrative code is amended to read:

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.

189,56 Section 56. VA 6.03 (12) of the administrative code is amended to read:

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.

189,57 Section 57. VA 6.04 (1) of the administrative code is amended to read:

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.

189,58 Section 58. VA 6.04 (5) of the administrative code is amended to read:

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.

189,59 Section 59. VA 6.04 (9) of the administrative code is amended to read:

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.

189,60 Section 60. VA 6.04 (10) of the administrative code is amended to read:

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.

189,61 Section 61. VA 6.04 (14) of the administrative code is amended to read:

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.

189,62 Section 62. VA 6.04 (15) of the administrative code is amended to read:

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.

189,63 Section 63. VA 6.05 (1) of the administrative code is amended to read:

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.

189,64 Section 64. VA 6.05 (2) of the administrative code is amended to read:

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.

189,65 Section 65. VA 6.05 (3) of the administrative code is amended to read:

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.

189,66 Section 66. VA 6.05 (4) of the administrative code is amended to read:

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.

189,67 Section 67. VA 6.05 (5) of the administrative code is amended to read:

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.

189,68 Section 68. VA 6.05 (6) of the administrative code is amended to read:

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.

189,69 Section 69. VA 6.05 (7) of the administrative code is amended to read:

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.

189,70 Section 70. VA 6.05 (8) of the administrative code is amended to read:

VA 6.05 (8) Leaves of absence. Leaves of absence may be granted by the commandant of a home for a period of not to exceed 60 days during a calendar year, but may be extended by the secretary if circumstances warrant. Payments to the state, as required by s. 45.51 (7), Stats., shall continue during the period of absence. The home will not be responsible for any expense incurred by members a member while absent from the home except for emergency medical expenses authorized by a home home's physician, providing provided notice is given to the home within 24 hours of the onset of the emergency. Quarters will not be reserved during any absence unless such the absence is authorized by the commandant.

189,71 Section 71. VA 6.05 (9) of the administrative code is amended to read:

VA 6.05 (9) Leaves of absence, medical. Leaves of absence from a home will be granted to veteran members while undergoing treatment in a veterans administration hospital, or in another authorized hospital, and to non-veteran members while in any hospital or sanatorium away from the home, and this. This leave shall not be charged to the 60 day 60-day annual allowance.

189,72 Section 72. VA 6.06 (5) of the administrative code is repealed.

189,73 Section 73. VA 7.05 of the administrative code is amended to read:

VA 7.05 Administration. The provisions of this chapter shall be administered by the secretary, who shall determine the eligibility of a state veterans organization for a grant and the amount of the grant for which it qualifies, and shall prescribe uniform forms for reporting number of claims processed. When an application has been filed, if the secretary determines that the state veterans organization concerned has not adequately established its claim for a grant, the secretary may require additional information. Any state veterans organization dissatisfied with a determination of the secretary may appeal such determination to the board as provided under s. VA 1.03.

189,74 Section 74. VA 8.02 (1) of the administrative code is amended to read:

VA 8.02 (1) Application. Application for county veterans' service grants shall be made by the county not later than 6 months after the start May 15 of the fiscal calendar year for which the grant is claimed on forms prepared by the department. An application must be accompanied by a copy of the budget proposed for the county veterans' service office for the fiscal year for which the grant is claimed. Application shall be made annually, and the county must meet minimum budget and operating standards established by the department for the county veterans' service office in order to qualify for the initial grant and for each succeeding grant.

189,75 Section 75. VA 8.04 of the administrative code is repealed.

189,76 Section 76. Chapter VA 9 (title) and VA 9.01, 9.02, 9.04 and 9.05 of the administrative code are repealed.

189,77 Section 77. VA 9.03 of the administrative code is renumbered VA 2.04.

189,78 Section 78. VA 12.02 (3) (a) of the administrative code is amended to read:

VA 12.02 (3) (a) Copies of check stubs from the applicant's employment for a recent month 30-day period dated within 3 months of the date of application.

189,79 Section 79. VA 12.02 (3) (b) of the administrative code is amended to read:

VA 12.02 (3) (b) A copy of the prior year's income tax returns except if the applicant's employer, type of employment, or method of compensation has changed. Applicants verifying their income by the prior year's income tax returns shall submit a complete copy of the state and federal tax return including all schedules, W-2s, and attachments.

189,80 Section 80. VA 12.02 (3) (f) of the administrative code is amended to read:

VA 12.02 (3) (f) Depreciation as listed on an applicant's federal tax return may be used as income at the request of the applicant.

189,81 Section 81. VA 12.02 (9) of the administrative code is amended to read:

VA 12.02 (9) Delinquent support, separate maintenance payments, medical and birth expenses. If the department has not received a certification under s. 49.854 (2) (b), Stats., that the applicant is delinquent in child support or maintenance payments or owes past support, medical expenses or birth expenses, the applicant's credit may be considered favorable if medical or birthing expenses do not exist or payments for such expenses are being made in accordance with a court order and child support and maintenance payments are current as of the date of approval of the personal loan program loan by the department. Evidence that the applicant is current shall be required if the child support or maintenance is not paid in the state of Wisconsin. If the applicant is in arrears or expenses exist, then a personal loan program loan may only be made to that applicant, only if the amount necessary for to satisfy the arrearage or expense is to be paid from proceeds of the department's loan.

189,82 Section 82. VA 12.02 (13) of the administrative code is amended to read:

VA 12.02 (13) Subordination agreement and partial release of mortgage. The department may execute a subordination agreement or release a portion of the property providing security for its mortgage if the department verifies that the mortgagor's equity in the property secured by the mortgage is greater than 10% 15 percent after the execution of the subordination agreement or partial release, the applicant is current on the loan, the applicant meets current underwriting criteria and the repayment history for the 6 months immediately preceding the request has been satisfactory.

189,83 Section 83. VA 12.05 (2) of the administrative code is amended to read:

VA 12.05 (2) Appraisals. If an applicant wishes to provide a property appraisal is being used to determine the value an appraiser who is selected by the applicant and, the appraiser must be licensed by the state of Wisconsin department of safety and professional services, shall perform the appraisal and complete the appraisal form prescribed by the department. The applicant is responsible for payment of the appraisal expenses.

189,84 Section 84. VA 12.05 (2) (note) of the administrative code is repealed.

189,85 Section 85. VA 13.01 (5) of the administrative code is repealed.

189,86 Section 86. VA 14.02 (title) of the administrative code is amended to read:

VA 14.02 (title) Interment and disinterment fees and assessments.

189,87 Section 87. VA 14.02 (1) (intro.) of the administrative code is amended to read:

VA 14.02 (1) Interment and disinterment fees. (intro.) The department may not assess a fee for the interment of a veteran, guard, or reserve member in a veterans cemetery. The department may assess the following fee for each interment or disinterment at a veterans cemetery:

189,88 Section 88. VA 14.02 (1) (a) of the administrative code is repealed.

189,89 Section 89. VA 14.02 (2) of the administrative code is amended to read: