Explanation of agency authority:
Section 45.03 (2), Stats., authorizes the secretary of the department to promulgate rules necessary to carry out the purposes of this chapter and the powers and duties conferred upon it. Related statute or rule:
None
Plain language analysis:
On December 1, 2011, the Wisconsin Department of Veterans Affairs enacted a moratorium on its primary mortgage loan program for veterans due to housing market conditions that rendered the self-amortizing program insolvent. No new primary mortgage loans have been made since November 2009.
The Veterans Housing Loan Program under ch. 45, subch. III, Stats., was repealed as affected by 2019 Wisconsin Act 9 (biennial budget bill), thus eliminating the Department’s administrative requirements and authority relating to the Veteran’s Housing Loan Program. Several references to the housing loan program appear in ch. VA 1. The proposed rule will eliminate obsolete and unauthorized language and obsolete statute references in ch. VA 1 relating to the housing loan program. The proposed rule also includes general updates throughout the chapter that revise or eliminate outdated and unnecessary provisions, modifies language for clarity, and amends provisions for conformity with current drafting standards for style and form.
Summary of, and comparison with, existing or proposed federal regulation:
None
Comparison with rules in adjacent states:
Illinois: Illinois administrative rules relating to general requirements for veterans programs and benefits, administered by the Illinois Department of Veterans Affairs, are spread over multiple chapters and include requirements for Specially Adaptive Housing, Tax Exemptions, Government Marker Reimbursement, Survivors Compensation, and Burial Benefits. The administrative codes relating to Veterans’ Homes are administered by the Illinois Department of Public Health.
Iowa: Iowa administrative code Chapter 1, Organization and Procedures, contains general requirements relating to the duties of the Iowa Department of Veterans Affairs, Commission of Veterans Affairs, Commandant of the Iowa Veterans Home, and requirements pertaining to the Iowa Veterans Cemetery. Michigan: Michigan administrative rules relating to general requirements for veterans programs and benefits are administered by the Michigan Department of Military and Veterans Affairs and are spread over multiple sections. Sections within chapter R. 32 contain provisions relating to veterans homes, R. 35 contains provisions relating to grants for eligible veterans, and sections within chapter R. 200 contain provisions relating to Michigan’s military family relief fund.
Minnesota: Minnesota administrative rule Chapter 9055 governs the Administration and Operation of the Minnesota Department of Veterans Affairs. This chapter contains provisions relating to the State Soldiers Assistance Fund, types of assistance authorized, duties of the claims division, educational benefits, and the maintenance and release of veterans records.
Summary of factual data and analytical methodologies:
On December 1, 2011, the Wisconsin Department of Veterans Affairs enacted a moratorium on its primary mortgage loan program for veterans due to housing market conditions that rendered the self-amortizing program insolvent. No new primary mortgage loans have been made since November 2009.
The Veterans Housing Loan Program under ch. 45, subch. III, Stats., was repealed as affected by 2019 Wisconsin Act 9 (biennial budget bill), thus eliminating the Department’s administrative requirements and authority relating to the Veteran’s Housing Loan Program. The proposed rule eliminates references to the housing loan program in ch. VA 1. 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 Fiscal Estimate and Economic Impact Analysis is attached.
Fiscal Estimate and Economic Impact Analysis:
The department posted the rule on the department’s website for 14 days to solicit economic impact comments. No comments were received.
Effect on small business:
The proposed rules do not affect small business.
Agency contact person:
Mindy Allen, Administrative Rules Coordinator
Department of Veterans Affairs
2135 Rimrock Road, P.O. Box 7843
Madison, WI 53707-7843
(608) 264-6085
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.
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TEXT OF RULE
section 1.
Chapter VA 1 (title) is amended to read: Chapter VA 1 (title) GENERAL PROVISIONS section 2.
VA 1.001 (3), (4), (4m), (6), and (7) are created to read: VA 1.001 (3) “Dependent” has the meaning given under s. 45.01 (6), Stats.
(4) “Duly authorized representative" means any person authorized in writing by the veteran to act for the veteran, the veteran’s guardian if the veteran is adjudicated incompetent, or a personal representative of the estate if the veteran is deceased. Where for proper reason, as determined by the department, no duly authorized representative has been or will be appointed, the applicant’s spouse, an adult child, or if the applicant is unmarried, “duly authorized representative” means either of the applicant’s parents.
(4m) “Member” means an individual who is eligible for membership in a veterans home as specified under s. 45.51, Stats. (6) “USDVA” means the U.S. department of veterans affairs.
(7) “Veteran” has the meaning given under s. 45.01 (12), Stats. section 3.
VA 1.01 is renumbered VA 1.01 (3) and amended to read: VA 1.01 (3) Liberal statutory construction Liberal application of statutes. The department of veterans affairs shall administer interpret and apply the provisions of ch. 45, Stats., in an expeditious a broad and liberal manner, resolving all reasonable doubt in favor of the veteran, to the end ensure that available benefits are provided to veterans the veteran and their the veteran’s eligible dependents as promptly and effectively as possible. section 4.
VA 1.01 (title), (1) and (2) are created to read: VA 1.01 (title) Department authority. (1) Chapters VA 1 to 18 are promulgated under the authority of s. 45.03 (2), Stats., for implementation of ch. 45, Stats. (2) Interpretation. The department reserves the right to interpret the requirements of ch. 45, Stats., and chs. VA 1 to 18.
