CR 21-012 Rule Text

Clearinghouse No. 21-012

STATE OF WISCONSIN

Department of Veterans Affairs

In the matter of rulemaking proceedings before the Department of Veterans Affairs.

   

ORDER OF THE DEPARTMENT OF VETERANS AFFAIRS

ADOPTING PERMANENT 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.

PROPOSED ORDER

   

A proposed order of the Department of Veterans Affairs to repeal VA 2.01 (1) (a) and (h), (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), 2.08 (3) (c) and (p), and (5) (L) 1. to 4.; to renumber VA 2.01 (1) (b), (e), (j), (k), (m), (o), (p), (q), (v) and 2.02 (1) (b), (c), and (d); to renumber and amend VA 2.01 (1) (intro.), (c), (d), (f), (g), (i), (L), (n), (r), (s), (t), and (u), and (2) (a), and (b) 2. and 3., (3) (b) to (g), 2.02 (1) (intro.), 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), (g), (j) 1. a., and (5) (L) (intro.); to amend VA 2 (title), 2.01 (title), (2) (title), (2) (a) (title), 2.02 (2) (title), (3) (a), 2.03 (1) (intro.), (d), and (g), and (2) (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., and (k), and (m) 3.; to repeal and recreate VA 2.01 (2) (b) 1.; and to create VA 2.01 (1g) and (1r) (kg), (2) (a) 1. (Note), (2) (b) (intro.), (2) (e) 3. and (f) 2. (Note), (3m), 2.02 (1g) and (2) (a) (Note), 2.07 (3) (cm), 2.08 (3) (gm), (5) (d) 9. and 10., and (j) 1. c. to f., relating to veterans assistance grants.

Analysis prepared by the Department of Veterans Affairs.

   

ANALYSIS

Statutes interpreted:

Sections 45.03 (2), 45.20, 45.21, 45.40, 45.437, and 45.46.

Statutory authority:

Sections 45.03 (2), 45.21 (3), 45.40 (3m), and 45.437 (4)

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. The proposed rules 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. This rule also makes general updates, revises outdated provisions, and amends certain provisions for clarity and conformity with current drafting standards for style and format.

Substantive amendments include the following:

- Chapter 2 is retitled to Veterans Assistance Grants.

- Section 2.01, formerly named the Assistance to needy veterans program, is retitled to Subsistence and health care aid grant programs.

- Section 2.01 (1), as renumbered, amends and repeals various definitions.

- Section 2.01 (1r) (kg) creates a definition for “entrepreneur”.

- Section 2.01 (1g) is created to summarize the purpose of the chapter.

- Section 2.01 (2) is reorganized and separates the subsistence and health care aid programs into separate subdivisions.

- Sections 2.01 (2) (a) and (b) expand the subsistence aid program by amending certain requirements as follows:

- Revises the applicant eligibility requirements to improve clarity.

- Permits an applicant to submit an application up to 12 months following a loss of income instead of the current 91 days.

- Expands eligibility for subsistence aid by eliminating the restrictive conditions in which a veteran may submit an application following the loss of income.

- Expands the number of days an applicant has to submit additional information upon the department’s request in order to prevent an application from being terminated due to an incomplete application.