Department of Veterans Affairs
In the matter of rulemaking proceedings before the Department of Veterans Affairs.
ORDER OF THE DEPARTMENT OF VETERANS AFFAIRS
ADOPTING EMERGENCY RULES
The statement of scope for this rule, SS 044-20, was approved by the Governor on May 15, 2020, published in Register No. 773A3 on May 18, 2020, and approved for implementation by the Secretary of the Department of Veterans Affairs on June 1, 2020. This emergency rule was approved by the Governor on August 21, 2020.
ORDER
A proposed order of the Department of Veterans Affairs to repeal VA 2.01 (1) (h) and (q), (2) (a) (Notes) [1] and [2], (3) (a), 2.02 (1) (a) and (e), (2) (Note), (3) (a)(Note), 2.06, 2.07 (3) (b), (6) (a) 8. and (9), and 2.08 (3) (c) and (p); to renumber VA 2.01 (1) (a), (b), (e), (j), (m), (o), (p), (v) and 2.02 (1) (b), (c), and (d); to renumber and amend VA 2.01 (1) and (intro.), (c), (d), (f), (g), (i), (k), (L), (n), (r), (s), (t), and (u), (2) (a) (title) and (a), (2) (b) 2. and 3., (3) (b), to (g), 2.02 (2) and (3) (c), 2.03 (2) (b), (g), (3) (a) to (c) and (4), 2.04, 2.05 (3), 2.07 (5) (b) and (c), (6) (b), (10) (a), 2.08 (4) (b), (5) (c) and (g), and (j) 1. a. and (L) 4., ; to amend VA 2 (title), 2.01 (title), (2) (title), (2) (b) 1., 2.02 (2) (title), (3) (a), 2.03 (1) (intro.), (d), (g), (e), and (k), (5) (b) to (L), 2.04 (title), 2.05 (2), 2.07 (3) (intro.), (c), and (d), (4) (d), (8) (b), (13) (c), 2.08 (3) (intro.), (b), (g), (h), (i), (L) and (m), (4) (c), (d) 1., (5) (a) 3., (d) 1. and 5., (i), (j) 2., (k), (L) (intro.), 3., and (m) 3.; and to create VA 2.01 (1g), (2) (a) 1. (Note), (2) (e) 3. and (f) 2. (Note), (3m), 2.02 (1g), (2) (a) (Note), 2.07 (3) (cm), 2.08 (3) (gm), (5) (d) 9. and 10., (j) 1. c. to f., and (L) 3m., 4. a. to f., and 5. to 7., relating to veterans assistance grants.
Analysis prepared by the Department of Veterans Affairs.
FINDING OF EMERGENCY
The Department of Veterans Affairs finds that an emergency exists and that the proposed emergency rule is necessary for the immediate preservation of the public peace, health, safety, or welfare. Facts constituting the emergency are as follows:
An emergency rule is necessary to ensure that the administrative rules relating to the granting of appropriated funds are amended before the next grant period begins. Amending the rules would allow for the distribution of funds to more veterans, veterans organizations, employers of veterans, and non-profit organizations who provide outreach and services to veterans and underserved veteran populations. The proposed rules would also amend the current grant process and evaluation criteria to improve grant efficiency, compliance, and accountability.
In order to expand eligibility for these grant programs administered under ch. VA 2, the amended criteria and procedures must be in effect prior to the opening of the next grant period. The timeline for the permanent version of this rule would not otherwise be in effect prior to the grant deadlines. Unless a new rule is in place, the Department is unable to efficiently implement and administer these grant programs. The promulgation of emergency rules will help ensure implementation of the programs remain consistent throughout the completion of the permanent rulemaking process. ANALYSIS
Statutes interpreted:
Statutory authority:
Explanation of agency authority:
Section 45.03 (2), Stats., provides that the Secretary may promulgate rules necessary to carry out the purposes of Chapter 45 of the Wisconsin Statutes and the powers and duties conferred upon it. Section 45.21 (3), Stats., requires the Department to promulgate rules for the distribution of aid under the retraining assistance program. Section 45.40 (3m), Stats., requires the Department to promulgate rules establishing eligibility criteria and household income limits for subsistence aid payments. Section 45.437 (4), Stats., requires the Department to promulgate rules implementing the veterans employment and entrepreneurship grant program. Related statute or rule:
None
Plain language analysis:
Chapter VA 2 establishes the general criteria, procedures, requirements, and conditions for the award of grants to eligible veterans and their dependents, non-profit organizations, and employers. This emergency rule will allow for the distribution of funds to more veterans, veterans organizations, employers of veterans, and non-profit organizations who provide outreach and services to veterans and underserved veteran populations. The proposed rules also amend the current grant process and evaluation criteria to improve grant efficiency, compliance, and accountability.
The proposed rules also make general updates to chapter VA 2 in order to revise outdated provisions and amend certain provisions for clarity and conformity with current drafting standards for style and format.
Summary of, and comparison with, existing or proposed federal regulation:
None
Comparison with rules in adjacent states:
Illinois: The Illinois Veteran Grant (IVG) Program pays tuition and certain fees at all Illinois state-supported higher education institutions for eligible veterans. The Illinois Military Veterans Assistance Act provides for financial assistance to indigent veterans through the city or town military veterans organization within each county. General assistance funds are allocated to a county for assistance to veterans and their families in accordance with the provisions of the Illinois Public Aid Code. A review of Illinois statutes, rules, and website did not reveal similar state-funded grant programs for non-profit organizations, employment, or entrepreneurship as to those contained in chapter VA 2.
Iowa: The Iowa Department of Veterans Affairs provides tuition assistance and tuition reimbursement programs. Iowa veterans are eligible for subsistence-type aid through the Iowa Veterans Trust Fund. A review of Iowa statutes, rules, and website did not reveal similar state-funded grant programs for non-profit organizations, employment, or entrepreneurship as to those contained in chapter VA 2.
Michigan: The Michigan National Guard State Tuition Assistance Program (MINGSTAP) provides tuition assistance to members of the Michigan National Guard up to $6,000 per year. The Department of Military and Veterans Affairs provides grants up to $2,000 per year for qualified veterans and their families through a Military Family Relief Fund that provides subsistence-type aid. A review of Michigan statutes, rules, and website did not reveal similar state-funded grant programs for non-profit organizations, employment, or entrepreneurship as to those contained in chapter VA 2.
Minnesota: The Minnesota Department of Veterans Affairs provides education assistance in the form of a one-time grant for tuition paid to the institution or reimbursed to the veteran. The Minnesota GI Bill also provides educational assistance up to $3,000 per academic year or up to $2,000 per year for apprenticeships and employers are eligible to receive up to $2,000 for the placement and hiring of veterans. Survivors are eligible up to $750 per year from the Surviving Spouse & Dependent Education Benefit. A subsistence aid program provides temporary financial assistance for eligible veterans. A review of Minnesota statutes, rules, and website did not reveal similar state-funded grant programs for non-profit organizations or entrepreneurship as to those contained in chapter VA 2.
Summary of factual data and analytical methodologies:
The current policies and administration of grants under this chapter were closely
reviewed to develop the proposed rule revisions. Pursuant to ss. 45.03 (2m) and 227.14 (2) (a) 6m., Stats., administrative rules prepared by the Department of Veterans Affairs must be provided to the Board of Veterans Affairs. The Board may prepare a report containing written comments and its opinion regarding the proposed rules. Analysis and supporting documents used to determine effect on small business or in preparation of economic impact analysis:
The permanent rule will be posted to solicit economic impact comments.
Fiscal Estimate and Economic Impact Analysis:
The Fiscal Estimate is attached.
Effect on small business:
The proposed rules do not have an anticipated economic impact on small businesses, as defined in s. 227.114 (1), Stats. Agency Contact:
Mindy Allen, Administrative Rules Coordinator
