PROPOSED ORDER OF THE STATE OF WISCONSIN
DEPARTMENT OF VETERANS AFFAIRS
ADOPTING PERMANENT RULES
The statement of scope for this rule to modify Chapter VA 15, SS 046-16, was approved by the Governor on May 24, 2016, published in Register No. 725B on May 31, 2016, and approved by Secretary John A. Scocos on June 10, 2016. ORDER
The Department of Veterans Affairs proposes an order to create VA 15.001, VA 15.02 (2m) and VA 15.02 (4), to amend VA 15.02 (title), 15.02 (1), VA 15.02 (3) and VA 15.04, and to repeal VA 15.02(2) and VA 15.03 relating to the Grant to counties and tribe for improvement of services, Section 45.82, Stats. ANALYSIS
1. Statute interpreted: Section 45.82 (4), Stats. 3. Explanation of agency authority:
Section 45.82 (6): The department shall promulgate rules establishing criteria and procedures for reimbursement under subs. (2) and (4). Section 45.03 (2): Rule-making; records. The secretary, after consulting with the board, may promulgate rules necessary to carry out the purposes of this chapter and the powers and duties conferred upon it. The records and files of the department of military affairs and of any other state department or officer shall, upon request, be made available to the secretary or to the board; and, Section 227.10 (2m), Stats., directs each agency to promulgate rules for the implementation or enforcement of any standard, requirement, or threshold. 4. Related statutes or rules:
The Department administers a program of grants to counties for the improvement of services to veterans under s. 45.82, Wis. Stats., and Chapter VA 15 of the Wisconsin Administrative Code.
5. Plain language analysis:
Under previous law, the grant was payable to a tribe or band and the amount of the grant was not to exceed $15,000.00.
The Department proposes an amendment to Chapter VA 15 to bring the rule into compliance with current law which made the grant reimbursable, established categories of expenses eligible for reimbursement, and phases out the use of grant funds for salary and fringe benefit expenses. The revised rule would provide guidance regarding the application process, eligibility, general limitations and eligible expenses within each category of statutorily-permissible expenses. Additionally, the rule will provide guidance regarding the reimbursement procedure.
6. Summary of, and comparison with, existing or proposed federal statutes and regulations.
The tribal veterans service grant program is administered under the authority of state law. There are no existing or proposed federal regulations that address the activities to be regulated by the rule.
7. Comparison with rules in adjacent states:
Review of the statutes, rules and websites of veterans departments of adjacent states revealed no similar grant program.
8. Summary of factual data and analytical methodologies:
The Department analyzed the grant processes of state agencies experienced in the administration of grants and used those processes as a foundation for the rule and application procedures.
9. Analysis and supporting documents used to determine effect on small business or in preparation of economic impact analysis:
There is no anticipated impact on small businesses.
10. Effect on small business:
The proposed rule changes will have no impact on small businesses.
11. Comments and opinions prepared by the Board of Veterans Affairs under s. 45.03 (2m), Stats.:
