85.22 (3) ADMINISTRATION. The department shall administer the grant program and shall have all the powers necessary and convenient to implement this section, including the following powers:
(a) To receive and review annually applications for aid under this section and to prescribe the form, nature and extent of information which shall be contained in applications. Each applicant shall indicate whether the transportation services it provides or proposes to provide conflict with any transportation services being provided under s.
85.21, Stats.
(b) To establish criteria for evaluating all applications and for placing each application in a statewide priority ranking for distribution of available federal and state moneys.
(c) To make and execute agreements with eligible applicants to provide for the undertaking of transportation services to elderly or disabled persons.
(d) To audit the records of all eligible applicants receiving aids under this section in accordance with generally accepted accounting principles and practices.
(e) To require eligible applicants receiving aids under this subsection to furnish information deemed necessary by the department.
(f) To apply for and receive federal grants on behalf of eligible recipients.
(g) To establish an annual application cycle for the program.
(h) To establish, by rule, standards for the coordination of transportation services to elderly and disabled persons for purposes of s.
85.22 (2) (am) 2. b. These standards may require certification by a local public body that any application for aid under this section shall be consistent with the recommendations of a local coordinating committee on transportation that has membership which is, in the department's judgment, sufficient to provide for adequate coordination of services available in the applicable area.
85.22 (4) AMOUNT AND USE OF AID. (a) Commencing with the highest ranked application and to the extent that state moneys are available, the department shall offer to each eligible applicant an amount of state aid such that the sum of federal and state aid received by an applicant does not exceed any of the following:
1. The percentage specified by the department by rule, of the estimated capital project costs.
2. For the specific type or category of capital equipment for which aid is paid, the percentage of the estimated capital costs that are eligible for federal aid.
(b) State aid available under this section shall not be available for operating purposes.
5. Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
The department anticipates that work on the rule revision will require 6 meetings of 2 hours each, involving 4 staff members, for a total of 48 hours. In addition, the department anticipates 2 hours for 4 staff members at a public hearing, plus 4 hours of attorney review and 4 hours of Administrative Rules Coordinator involvement in the revision process. This is a total of 64 hours of WisDOT staff time.
6. List with Description of all Entities that may be Affected by the Proposed Rule
WisDOT's intent is to provide continuity for stakeholders that historically have participated in and benefitted from both the FTA 5310 and 5317 programs. The participants primarily fall into two groups: 1) mobility managers, who are represented by the Wisconsin Association of Mobility Managers (WAMM), and 2) private non-profit organizations and public agencies that provide specialized transportation service and rely on the FTA 5310 program for purchasing vehicles. Active 5310 grantees include 26 county and tribal agencies and 52 non-profit organizations. Numerous other organizations participate in the program via sublease agreements and alternate arrangements with our grantees.
The beneficiaries of the 5310- and 5317-funded services are Wisconsin's elderly and disabled citizens.
The department does not expect that its proposed rule revisions will have a harmful impact on any of these stakeholders.
7. Summary and Preliminary Comparison with any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Proposed Rule
The proposed revisions are largely a response to the previously referenced changes to FTA's 5310 program under MAP-21, and the coincident elimination of the 5317 program. Effective with the use of FFY 2013 funds, the department must operate the FTA 5310 program consistent with new program rules, the most significant of which are noted in Section 2 above.
The department anticipates rule revisions will acknowledge the new program structure, but will also make allowances for the old program structure should it return to its original program structure.
8. Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to Have a Significant Economic Impact on Small Businesses)
The Department anticipates the proposed rule revisions to have a modest but beneficial impact on participants in our FTA 5310, s.
85.22 program. It will enable the department to simplify the grant application process and reporting burden for sub-recipients. Small non-profit organizations that require outside help in the form of hired grant-writers are likely to benefit the most from the rule changes.
Contact Person
Steven Hirshfeld, (608) 267-0209
Judy Foss, (608) 266-8968
Veterans Affairs
This statement of scope was approved by the governor on April 21, 2014.
Rule No.
Relating to
Grants to non-profit organizations.
Rule Type
Emergency and permanent.
1. Finding/Nature of Emergency (Emergency Rule Only)
Exempt. Section
9 of
2013 Act 190 authorizes the Department of Veterans Affairs to promulgate emergency rules under section
227.24 of the statutes to implement section
45.46 of the statutes, as created by the act.
2. Detailed Description of the Objective of the Proposed Rule
The proposed rule relates to new authority by which the Department of Veterans Affairs may award grants to nonprofit organizations that assist veterans or their families.
3. Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
There is no existing policy relevant to this rule because this is a new program. The Department has existing rules related to grants awarded to veterans service organizations and counties for the delivery of services to veterans, and also specifically for transportation services provided to veterans. The existing rules, however, are insufficient and inappropriate for the new grant authority.
The proposed new policies will create a process for non-profit organizations that provide financial assistance or other services to veterans and their dependents to apply for grant funds not to exceed $25,000 per fiscal year. The proposed rule will require a non-profit organization to submit: (1) proof of non-profit status; (2) a description of the financial assistance or other services it provides to veterans and their dependents; (3) and describe their need for the requested funds. The proposed rule will require the Board of Veterans Affairs to review the applications for these grants and make recommendations of award to the Secretary of the Department.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
Act 190 creates s.
45.46, Stats., which provides the Department of Veterans Affairs authority to award grants to non-profit organizations that provide assistance to veterans or their families.
Section
45.03 (1), Stats., authorizes the Secretary of the Department of Veterans Affairs to promulgate rules necessary to carry out the purposes of Chapter
45 and the powers and duties conferred upon it.
Section
227.10 (1), Stats., directs each agency to promulgate as a rule each statement of policy to govern its enforcement and interpretation of a statute.
Section
227.10 (2m), Stats., directs each agency to promulgate rules for the implementation or enforcement of any standard, requirement, or threshold.
5. Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
120 hours
6. List with Description of all Entities that may be Affected by the Proposed Rule
Non-profit organizations that provide financial assistance or other services to veterans and their dependents.
7. Summary and Preliminary Comparison with any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Proposed Rule
There are no known existing or proposed federal regulations that address this new state grant program.
8. Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to Have a Significant Economic Impact on Small Businesses)
There is no anticipated economic impact.
Contact Person
Veterans Affairs
This statement of scope was approved by the governor on April 21, 2014.
Rule No.
Relating to
The veterans assistance program: aid to indigent veterans and veterans housing program.
Rule Type
Permanent.
1. Finding/Nature of Emergency (Emergency Rule Only)
N/A
2. Detailed Description of the Objective of the Proposed Rule
The proposed rule change relates to the two programs within the Veterans Assistance Program.
Aid to Indigent Veterans (AIV): The Legislative Audit Bureau (Report 11-3) recommended the Department promulgate rules to: (1) establish clear eligibility requirements, including any type and amount of assets to be excluded from eligibility determinations; (2) establish a policy on divestment, including requiring applicants to provide sufficient documentation for determining whether the timing and nature of any asset transfers, including the establishment of trusts, is allowable; (3) clearly define any limits on the amounts and types of life insurance and burial assets that are exempt, and require applicants to provide sufficient documentation to assess them; and (4) require Union Grove staff to verify financial information provided at the time of application to the assisted living facilities, and annually thereafter.
Additionally, the rule will more clearly distinguish the AIV program from the program by which the Department provides transitional housing and supportive services to homeless veterans, or those veterans at risk of becoming homeless, currently named the Veterans Assistance Program (VAP) which will be renamed Veterans Housing and Recovery Program (VHRP) by the proposed rule.
3. Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
The AIV program provides state funds to enable indigent veterans to remain in the assisted living center operated at the Wisconsin Veterans Home at Union Grove. The Legislative Audit Bureau, in a 2011 audit of the Homes, recommended that departmental policies related to eligibility be codified in rule.
Chapter
VA 13 also encompasses the Department's program that provides transitional and supportive housing and services to homeless veterans, funded largely by the US Department of Veterans Affairs Grant and Per Diem program. This program is distinct from the AIV, however, confusion arises because it is named the Veterans Assistance Program (VAP), the same as the title of the chapter. The new rule will clearly distinguish the two programs within the Veterans Assistance Program.
The policy alternative is to not promulgate rules; however, the Legislative Audit Bureau (LAB) recommended that rules be promulgated.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
Section
45.43, Stats., directs the Department of Veterans Affairs to administer a program to provide assistance to veterans whose need for services is based upon homelessness, incarceration, or other circumstances designated by the Department by rule.
Section
227.10 (1), Stats., directs each agency to promulgate as a rule each statement of policy to govern its enforcement and interpretation of a statute.
Section
227.10 (2m), Stats., directs each agency to promulgate rules for the implementation or enforcement of any standard, requirement, or threshold.
5. Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
120 hours
6. List with description of all entities that may be affected by the proposed rule
Entities that may be affected by the proposed rule will be individuals who apply for the Aid to Indigent Veterans program.
7. Summary and Preliminary Comparison with any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Proposed Rule
There is no existing or proposed federal regulation that addresses the AIV activities regulated by the proposed rule.
Federal regulations applicable to the VHP are not implicated by the changes proposed in this rule.
