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The proposed rules also make general updates to chapter VA 2 in order to revise outdated provisions and amend certain provisions for clarity and conformity with current drafting standards for style and format.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
Place where comments are to be submitted and deadline for submission:
Comments may be submitted to the contact information listed above no later than the date of the public hearing. The date, time, and place of the public hearing will be published in the Wisconsin Administrative Register.
TEXT OF RULE
section 1.
VA 2 (title) is amended to read: GRANTS; NEEDY VETERANS, VETERANS TUITION REIMBURSEMENT AND RETRAINING; NONPROFIT ORGANIZATIONS ASSISTANCE GRANTS
section 2.
VA 2.01 (title) is amended to read: VA 2.01 (title) Assistance to needy veterans program Subsistence and health care aid grant programs.
section 3.
VA 2.01 (1) (intro.), (a) to (f), (i) to (p), and (r) to (u) are renumbered VA 2.01 (1r) (intro.), (a) to (f), (i) to (p), and (r) to (u), and VA 2.01 (1r) (intro.), (c), (d), (f), (L), (n), (r), (s), (t), and (u), as renumbered, are amended to read: VA 2.01 (1r) (intro.) Definitions. In this section the following terms shall have the designated meanings:
(c) “Approved treatment programs” means treatment programs approved by the United States Department of Veterans Affairs U.S. department of veterans affairs (USDVA) or alcohol and other drug treatment programs certified by the Wisconsin department of health services.
(d) “Available liquid assets” means cash on hand, including cash in checking, savings, money market or similar accounts, cash value of life insurance policies, liquid investments, including stocks and bonds and amounts deposited in any retirement plans, owned, either jointly or solely, by the applicant or the applicant’s family.
(f) “Dental care" means any care provided by a licensed dentist given to teeth, the supporting natural and artificial structures for teeth, and any replacement or restoration of teeth.
(L) “Health care” means dental care, dentures extended dental care, hearing care, and vision care.
