STATE OF WISCONSIN
Department of Veterans Affairs
In the matter of rulemaking proceedings before the Department of Veterans Affairs.
PROPOSED ORDER OF THE
DEPARTMENT OF VETERANS AFFAIRS AMENDING RULES
PROPOSED ORDER
A proposed order of the Department of Veterans Affairs to repeal VA 1.06, (Notes) [1] and [2], 1.07, 1.09, 1.10 (2), (4), (5), (7) and (13), 1.11, 1.12, 1.17, 1.18, and 1.19 ; to renumber VA 1.15 (1), (2), and (3); to renumber and amend VA 1.01, 1.03 (4), 1.10, (1), (8) (intro.) and (a), 1.13, 1.15 (intro.); to amend VA 1 (title), 1.02, 1.03 (1), (2), (3), (5), (7), (8), and (9), 1.04, 1.05, 1.08 (1) (a) and (c) and (2), 1.10 (3), (6) (a) and (b), (8) (b) and (c), (9) to (12), (15), and (16), and 1.16; to repeal and recreate VA 1.14 and to create VA 1.001 (3), (4), (4m), (6), and (7), 1.01 (title), (1) and (2), 1.02 (Note), and 1.03 (3) (Note), relating to general updates.
The scope statement for this rule, SS 102-19, was approved by the Governor on October 3, 2019, published in Register No. 766A1 on October 7, 2019, and approved for implementation by the Secretary of the Department of Veterans Affairs on October 17, 2019. ANALYSIS
Analysis prepared by the Department of Veterans Affairs.
Statutes interpreted:
Statutory authority:
Explanation of agency authority:
Section 45.03 (2), Stats., authorizes the secretary of the department to promulgate rules necessary to carry out the purposes of this chapter and the powers and duties conferred upon it. Related statute or rule:
None
Plain language analysis:
On December 1, 2011, the Wisconsin Department of Veterans Affairs enacted a moratorium on its primary mortgage loan program for veterans due to housing market conditions that rendered the self-amortizing program insolvent. No new primary mortgage loans have been made since November 2009.
The Veterans Housing Loan Program under ch. 45, subch. III, Stats., was repealed as affected by 2019 Wisconsin Act 9 (biennial budget bill), thus eliminating the Department’s administrative requirements and authority relating to the Veteran’s Housing Loan Program. Several references to the housing loan program appear in ch. VA 1. The proposed rule will eliminate obsolete and unauthorized language and obsolete statute references in ch. VA 1 relating to the housing loan program. The proposed rule also includes general updates throughout the chapter that revise or eliminate outdated and unnecessary provisions, modifies language for clarity, and amends provisions for conformity with current drafting standards for style and form.
Summary of, and comparison with, existing or proposed federal regulation:
None
Comparison with rules in adjacent states:
Illinois: Illinois administrative rules relating to general requirements for veterans programs and benefits, administered by the Illinois Department of Veterans Affairs, are spread over multiple chapters and include requirements for Specially Adaptive Housing, Tax Exemptions, Government Marker Reimbursement, Survivors Compensation, and Burial Benefits. The administrative codes relating to Veterans’ Homes are administered by the Illinois Department of Public Health.
Iowa: Iowa administrative code Chapter 1, Organization and Procedures, contains general requirements relating to the duties of the Iowa Department of Veterans Affairs, Commission of Veterans Affairs, Commandant of the Iowa Veterans Home, and requirements pertaining to the Iowa Veterans Cemetery. Michigan: Michigan administrative rules relating to general requirements for veterans programs and benefits are administered by the Michigan Department of Military and Veterans Affairs and are spread over multiple sections. Sections within chapter R. 32 contain provisions relating to veterans homes, R. 35 contains provisions relating to grants for eligible veterans, and sections within chapter R. 200 contain provisions relating to Michigan’s military family relief fund.
Minnesota: Minnesota administrative rule Chapter 9055 governs the Administration and Operation of the Minnesota Department of Veterans Affairs. This chapter contains provisions relating to the State Soldiers Assistance Fund, types of assistance authorized, duties of the claims division, educational benefits, and the maintenance and release of veterans records.
Summary of factual data and analytical methodologies:
On December 1, 2011, the Wisconsin Department of Veterans Affairs enacted a moratorium on its primary mortgage loan program for veterans due to housing market conditions that rendered the self-amortizing program insolvent. No new primary mortgage loans have been made since November 2009.
