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 This rule also makes general updates, revises outdated provisions, and amends certain provisions for clarity and conformity with current drafting standards for style and format.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 (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.
- Requires the application to list the applicant’s household living expenses for the six months immediately preceding the date of the application.
- The household income limit is increased from 180 percent to 200 percent of the federal poverty guideline.
- Section 2.01 (3m) contains the reorganized provisions of the health care aid and makes the following substantive changes: - Establishes eligibility requirements for applicants.
- The household income limit is increased from 180 percent to 200 percent of the federal poverty guideline.
- The time to submit additional documentation upon the department’s request is increased from 30 days to 60 days.
- Expands the amount of aid for dental procedures a veteran may receive from $500 to $800.00 in any consecutive 12-month period.
- Expands the amount of extended dental care aid, which includes dentures), from $1,875 for one or $3,750 for both in any consecutive 48-month person to $4,000 in a 24-month period.
- Expands a veteran’s eligibility for hearing aid care by shortening the eligibility time frame from 48 months to 24 months.
- The time limit for a provider to submit a request for an extension to a description of benefits is increased from 7 days to 14 days prior to the expiration date on the description of benefits.
- Sections 2.02 to 2.05 include non-substantive technical changes. - Section 2.06 is repealed as it is redundant. Tribal veterans are eligible for the veterans tuition reimbursement program under s. 2.02. - Sections 2.07 (3) (c) and 2.08 (3) (g) amend the definition of “evaluation committee” to include at least one member of the board of veterans affairs and other individuals appointed by the department. - Section 2.08 (5) (L) is amended to clarify reporting requirements as specified in the grant agreement. 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 was posted for 14 days to solicit economic impact comments from stakeholders. No comments were received.
Fiscal Estimate and Economic Impact Analysis:
The Fiscal Estimate and Economic Impact Analysis document 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
