2013 WISCONSIN ACT
189
An Act
relating to:
powers and duties of the board of veterans affairs; reimbursement of veterans' tuition at tribal colleges; documentation for eligibility to veterans homes; operation of veterans homes; eligibility and procedural requirements for veterans home loans, veterans personal loans, county veterans service grants, and American Indian veterans grants; and funeral honors, burial, and disinterment of veterans.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
Section
1
.
Chapter VA 2 (title) of the administrative code is amended to read:
Chapter VA 2
EMERGENCY, CORRESPONDENCE, AND
PART-TIME STUDY, RETRAINING AND
TUITION AND FEE REIMBURSEMENT
GRANTS
TO NEEDY VETERANS,
VETERANS TUITION REIMBURSEMENT
AND RETRAINING GRANTS, AND
REIMBURSEMENT OF VETERANS FOR
TRIBAL COLLEGE TUITION
Section
2
.
VA 1.11 (intro.) of the administrative code is amended to read:
VA 1.11 (intro.) The administrative and executive duties of the department shall be vested in the secretary to be administered under the rules and regulations of the department
and subject to and in accordance with the policies established by the board
. The secretary shall:
Section
3
.
VA 1.11 (2) of the administrative code is amended to read:
VA 1.11
(2)
Administer and supervise all programs of the department
, and shall serve as an ex-officio member of all advisory, standing and special committees appointed by the board, unless specifically exempted
.
Section
4
.
VA 1.11 (11) of the administrative code is amended to read:
VA 1.11
(11)
Present to the legislature all proposed legislation
recommended by the board
and shall make such reports to and appearances before the legislature on such other matters as it may request.
Section
5
.
VA 1.11 (13) of the administrative code is repealed.
Section
6
.
VA 1.11 (15) of the administrative code is amended to read:
VA 1.11
(15)
Make and establish rules and regulations necessary to carry out the statutes pursuant to the policies established by the
board
department
, and make such publication and distribution of these rules and regulations as the secretary may deem necessary.
Section
7
.
VA 1.11 (18) of the administrative code is repealed.
Section
8
.
VA 1.18 of the administrative code is amended to read:
VA 1.18
Trust fund stabilization loans.
The department may execute a subordination agreement or release a portion of the property providing security for its mortgage on a loan under s. 45.356, 1995 Stats., if the mortgagor's equity in the property secured by the mortgage is greater than
10%
15 percent
of the property's value after the execution of the subordination agreement or partial release, the applicant is current on the loan and the repayment history for the 6 months immediately preceding the request has been satisfactory.
Section
9
.
VA 2.01 (2) (b) 1. of the administrative code is amended to read:
VA 2.01
(2)
(b) 1. `All applicants.' Except for applicants who are eligible under subd. 3., the applicant's income shall not exceed
130%
180 percent
of the federal poverty guidelines, in effect on the date the application arrives at the department's central office, for the number of family members living in the primary residence. An applicant may apply for subsistence aid, health care aid, or both. Applications approved by the department shall have the balance of the maximum available aid allocated towards each type of aid requested, unless the applicant indicates a lesser amount in writing. Applications shall be denied if no unallocated funds are available at the time of application. The department shall indicate on each description of benefits the type of health care or subsistence aid authorized, the date the department confirmed that the applicant was eligible for the grant, a date 90 calendar days from that date, the unallocated amount available for each type of aid and for the cumulative limits of this section, and the amount of aid being authorized. No more than one description of benefits may be outstanding at any time, except where all health care providers have submitted binding quotes prior to the issuance of more than one description of benefits, and are willing to accept payment from this program in full for any service rendered to the applicant in accordance with the description of benefits. The department shall pay the lesser of the actual cost of services invoiced or the binding quote submitted by the health care provider. No payment shall be made by the department unless an itemized written invoice is received by the department within
30
60
days of the expiration date, or any approved extension of that expiration date, as identified in the applicable description of benefits. Authorized applications for health care aid may not be withdrawn without the agreement of the provider of the health care aid.
Section
10
.
VA 2.01 (3) (b) of the administrative code is amended to read:
VA 2.01
(3)
(b)
Subsistence aid.
Subsistence aid is available for the
90 day
90-day
period following the date of the verified loss of income due to illness, injury
,
or a natural disaster. Applications may be made for any
30 day
30-day
period within the
90
120
days following the date of the verified loss of income. No more than
three 30 day
3 30-day
periods of subsistence aid may be granted for any verified loss of income due to illness, injury
,
or natural disaster.
No subsistence aid will be granted for any period prior to the date the application for subsistence aid is received.
Subsistence aid shall be limited to the difference between the amount of earned and unearned income available before the loss of income and the earned and unearned income being received after the loss of income, subject to the limitations under s. 45.40 (1m) (b) and (3), Stats. The applicant shall verify the loss of income by submitting verification of income forms, certified public accounting statements
,
or any other evidence
as
the department deems credible. Illness or injury
must
shall
be verified in writing on a form approved by the department. When the department has evidence that the incapacitation will cause an income loss for 90 days or longer, subsistence grants will be prorated for each of the
30 day
30-day
periods unless the department determines that an alternate distribution of the grant would benefit the applicant. If the loss of income is the result of alcohol or other drug abuse, the applicant shall verify current participation in an approved treatment program.
Section
11
.
VA 2.02 (3) (b) of the administrative code is repealed.
Section
12
.
VA 2.03 (1) (b) of the administrative code is amended to read:
VA 2.03
(1)
(b) "Course of instruction"
has the meaning specified in s. VA 9.01 (3)
means any series of classroom or shop courses that have a unified purpose and lead to a diploma or degree or to an occupational or vocational objective
.
Section
13
.
VA 2.03 (1) (c) of the administrative code is amended to read:
VA 2.03
(1)
(c) "Earned income"
has the meaning specified in s. VA 9.01 (5)
means all anticipated monthly and academic year take-home earnings from employment, including armed forces reserve and national guard pay and work-study pay, after all payroll deductions of the veteran and the veteran's spouse, except payroll deductions for savings plans and payment of debts
.
Section
14
.
VA 2.03 (1) (d) of the administrative code is amended to read:
VA 2.03
(1)
(d) "FAO"
has the meaning specified in s. VA 9.01 (6)
means a school's financial aids officer
.
Section
15
.
VA 2.03 (1) (g) of the administrative code is amended to read:
VA 2.03
(1)
(g) "Unearned income"
has the meaning specified in s. VA 9.01 (14)
means the estimated amount the veteran and spouse will receive during the academic year from VA educational assistance allowance (G.I. Bill) benefits, scholarships, fellowships, grants, tuition and fee waivers, all other definite awards other than loans, including amounts paid to the veteran or to the school on behalf of the veteran for vocational rehabilitation by the VA or any other agency, income from trusts or inheritances, unemployment compensation, worker's compensation, social security payments, net rentals from real estate, interest or dividend income, or other unearned income, but does not include disability compensation paid to the veteran by the VA for service-connected disabilities, armed forces disability retirement pay, or parental contributions
.
Section
16
.
VA 2.03 (1) (h) of the administrative code is amended to read:
VA 2.03
(1)
(h) "Unusual expenses"
has the meaning specified in s. VA 9.01 (16)
means monthly or academic year payments that a veteran will be required to make on medical and dental expenses or alimony being paid under a final judgment or decree of divorce
.
Section
17
.
VA 2.03 (2) (b) of the administrative code is amended to read:
VA 2.03
(2)
(b)
Amount of grant.
Applicants who qualify for a retraining grant under the provisions of this section and s. 45.21, Stats., are entitled to a grant equal to their need during the grant period or the statutory maximum grant, whichever is less. Except as provided in par. (h), need shall be determined by deducting
75%
75 percent
of earned income and all unearned income to be received by the applicant during the grant period, available liquid assets in excess of $2,400 plus 6
months
months'
living expenses computed as set forth in s. VA
9.03
2.04
held by the applicant at the time of application and all other financial aid which will be received by the applicant during the grant period from the amount needed during the grant period. The amount needed will be the sum of the amount shown on the standard student budget described in s. VA
9.03
2.04
for the appropriate time period and for the appropriate number of family members
plus the cost of tuition, fees, supplies and books as reported by the school for the courses to be taken during the grant period
plus any unusual expenses reported by the applicant.
Section
18
.
VA 2.06 of the administrative code is created to read:
VA 2.06
Tribal college tuition reimbursement program.
(1)
Definitions.
In this section:
(a) "Tuition" has the meaning given in s. 45.205 (1) (b), Stats.
(b) "Veteran" has the meaning given in s. 45.01 (12), Stats.
(2)
Reimbursement application.
(a) An applicant for tuition reimbursement under this section shall submit an application on a form approved by the department. The applicant may submit the application electronically, and the applicant shall submit the application either directly to the department or through a county veterans service officer or other agent authorized by the department. Each initial application shall be received by the department or its designee no later than 60 days after the starting date of the course, term, or semester for which reimbursement is requested. The department shall consider an initial application received under this paragraph once all required student information in the initial application is completed and a physical or electronic date stamp is affixed to the application.
(b) The tribal college veterans coordinator shall complete an application submitted under par. (a) by verifying the applicant's semester completion date and cost of tuition, any other assistance received or applied for by the applicant, the number of credits in which the applicant enrolled during the semester, and the applicant's semester grade point average. The department shall deny each application that is not completed within 60 days after the last day of the course, term, or semester for which reimbursement is being requested unless the applicant shows good cause for the delay. An application is considered completed under this paragraph once the department has received all of the information required for reimbursement.
(3)
Limitations.
(a)
Undergraduate enrollment.
The department may make a reimbursement under this section only if a representative of the tribal college certifies that the veteran was enrolled as an undergraduate during the semester for which reimbursement is sought and that the veteran does not already have a bachelor's degree.
(b)
Veterans benefits.
A veteran may not receive reimbursement for any semester or course for which he or she is eligible or received a grant under s. 321.40, Stats., or
10 USC 2007
. A veteran who is eligible for but does not receive a grant under s. 321.40, Stats., or
10 USC 2007
because the veteran fails to comply with applicable procedural requirements for the grant or maintain the requisite grade point average to receive the grant, or who takes any other action that prevents the veteran from receiving the grant, is considered eligible for the grant for purposes of this paragraph.
(c)
Duplicate benefits.
Reimbursement is limited to that portion of a veteran's tuition not paid for by other grants or scholarships, including any offsets or remissions to which the veteran is entitled under any other program.
(d)
Grade point average.
The department shall utilize the grade point average calculated and reported by the veteran's school.
Section
19
.
VA 4.01 (7) of the administrative code is amended to read:
VA 4.01
(7)
"Dependent child" means any natural child, any legally adopted child, or any stepchild of
a veteran as defined in s. 45.71 (16) (a)
an "eligible person," as listed in s. 45.33 (1)
, Stats., who is at least 18 years of age and under the age of 26 if in full attendance at a recognized school of instruction or any age if incapable of self-support by reason of mental or physical disability.
Section
20
.
VA 4.01 (16) of the administrative code is amended to read:
VA 4.01
(16)
"Veteran" means either a veteran as defined in s.
45.71 (16) (a)
45.01 (12)
, Stats., or a
deceased veteran's unremarried surviving spouse or minor or dependent child who is a resident of and living in this state at the time of making application for a certificate of eligibility or a primary loan
person who is eligible for a loan under s. 45.33, Stats
.
Section
21
.
VA 4.08 (1) (c) of the administrative code is amended to read:
VA 4.08
(1)
(c) If the applicant is a veteran who was a resident of the state of Wisconsin at
the
time of entry into military service or has been a resident of this state for any consecutive
5-year
12-month
period after entry or reentry into service on active duty, the certificate of eligibility shall be issued for an indefinite period. If the applicant qualifies as a veteran by virtue of being the unremarried spouse of a deceased veteran, the certificate shall become null and void upon the remarriage of the applicant and shall so state upon its face.
Section
22
.
VA 4.09 (4) of the administrative code is amended to read:
VA 4.09
(4)
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 mortgagor's equity in the property secured by the mortgage is verified by the department to be 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 on the loan.
Section
23
.
VA 4.14 (3) (c) 2. of the administrative code is amended to read:
VA 4.14
(3)
(c) 2. 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
.
Section
24
.
VA 4.14 (3) (c) 6. of the administrative code is amended to read:
VA 4.14
(3)
(c) 6. Depreciation as listed on an applicant's federal tax return may be used as income
at the request of the applicant
.
Section
25
.
VA 5.03 (intro.) of the administrative code is amended to read:
VA 5.03 (intro.) The director under the direction of the secretary shall operate and conduct the Wisconsin veterans museum pursuant to Wisconsin Statutes
and in accordance with the policies established by the board
. The director shall:
Section
26
.
VA 5.03 (3) of the administrative code is amended to read:
VA 5.03
(3)
Restore, preserve and safeguard all articles in the memorial collection. The director may not sell, mortgage, transfer or dispose of in any manner or remove from the museum, except for temporary purposes, any articles which are a part of the memorial collection, except that, upon the recommendation of the secretary
and the approval of the board
, any duplicate articles or articles outside the field of the memorial collection may be sold or exchanged for the purpose of procuring additional materials for display.
Section
27
.
VA 5.03 (11) of the administrative code is amended to read:
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.
Section
28
.
Chapter VA 6 (title) of the administrative code is amended to read:
Chapter VA 6
WISCONSIN VETERANS
HOME
HOMES
Section
29
.
VA 6.01 (1) of the administrative code is amended to read:
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.
Section
30
.
VA 6.01 (2) of the administrative code is renumbered VA 6.01 (2) (a) and amended to read:
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.
Section
31
.
VA 6.01 (2) (b) of the administrative code is created to read:
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.
Section
32
.
VA 6.01 (3) (title) of the administrative code is amended to read:
VA 6.01
(3)
(title)
Exhibits
Documents
required.
Section
33
.
VA 6.01 (3) (a) of the administrative code is renumbered VA 6.01 (3) (a) (intro.) and amended to read:
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
:
1. A
complete financial statement of the applicant
, a
.
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
.
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
.
(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.
Section
34
.
VA 6.01 (4) of the administrative code is amended to read:
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
.
Section
35
.
VA 6.01 (5) of the administrative code is amended to read:
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.
Section
36
.
VA 6.01 (6) of the administrative code is amended to read:
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.
Section
37
.
VA 6.01 (8) of the administrative code is amended to read:
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.
Section
38
.
VA 6.01 (9) of the administrative code is amended to read:
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.
Section
39
.
VA 6.01 (11) of the administrative code is amended to read:
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
.
Section
40
.
VA 6.01 (12) of the administrative code is amended to read:
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
.
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
.
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.
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
.
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:
Section
45
.
VA 6.02 (12) of the administrative code is repealed.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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
.
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
.
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.
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.
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.
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.
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.
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.
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
.
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.
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.
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.
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.
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.
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.
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.
Section
72
.
VA 6.06 (5) of the administrative code is repealed.
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
.
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.
Section
75
.
VA 8.04 of the administrative code is repealed.
Section
76
.
Chapter VA 9 (title) and VA 9.01, 9.02, 9.04 and 9.05 of the administrative code are repealed.
Section
77
.
VA 9.03 of the administrative code is renumbered VA 2.04.
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.
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
.
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
.
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.
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.
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
.
Section
84
.
VA 12.05 (2) (note) of the administrative code is repealed.
Section
85
.
VA 13.01 (5) of the administrative code is repealed.
Section
86
.
VA 14.02 (title) of the administrative code is amended to read:
VA 14.02
(title)
Interment
and disinterment
fees and assessments
.
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:
Section
88
.
VA 14.02 (1) (a) of the administrative code is repealed.
Section
89
.
VA 14.02 (2) of the administrative code is amended to read:
VA 14.02
(2)
Assessments.
The department may assess the funeral director involved in an interment the amount necessary to reimburse the department for the
average
cost of
providing a columbarium niche or an in-ground container for the interment of cremains or of
providing and installing an outer burial container
, whichever is applicable
. A funeral director may provide and install an outer burial container in lieu of paying that assessment. The department may periodically adjust the assessment, upon 30 days notice, to reflect current costs. The department shall publish the notice and assessment on its web site.
Section
90
.
VA 15.02 (1) of the administrative code is amended to read:
VA 15.02
(1)
Application.
Application for American Indian grants shall be made by the governing body of a Wisconsin American Indian tribe or band not later than
June 30
May 15
of
each
the calendar
year for which the grant is claimed, on forms prepared by the department. An application shall be accompanied by a copy of the budget proposed for the tribal veterans' service office for the fiscal year for which the grant is claimed. Application shall be made annually. The tribe or band must agree to meet minimum budget and operating standards established by the department for the tribal veterans' service office in order to qualify for the initial grant and for each succeeding grant.
Section
91
.
VA 15.03 (1) of the administrative code is amended to read:
VA 15.03
(1)
Shall
employ a full time
appoint a
veterans' service officer who is a veteran and shall give the officer duties described in s. 45.80 (5), Stats., except that the officer shall report to the governing body of the tribe or band.
Section
92
.
VA 17.04 of the administrative code is amended to read:
VA 17.04
Military funeral honors at state veterans cemeteries.
Military funeral honors shall be provided at a cemetery operated by the department under s. 45.51 or 45.61, Stats., unless a family directs the department not to perform any honors. The family shall be notified of the department's intent to provide military funeral honors when the burial arrangements are being made.
To the extent practicable, a military funeral honors team shall perform the honors. If requested by the family, a veterans organization may assist the funeral honors team in providing honors or provide military funeral honors in lieu of a military funeral honors team.
