Clearinghouse No. 25-061
STATE OF WISCONSIN
Department of Veterans Affairs
In the matter of rulemaking proceedings before the Department of Veterans Affairs.
PROPOSED ORDER OF THE DEPARTMENT OF VETERANS AFFAIRS
AMENDING PERMANENT RULES
The statement of scope for this rule, SS 027-24, was approved by the Governor on February 29, 2024, published in Register No. 819A1 on March 4, 2024, and approved for implementation by the Secretary of the Department of Veterans Affairs on March 14, 2024. PROPOSED ORDER
_Hlk142650696A proposed order of the Department of Veterans Affairs to repeal VA 8.02 (2), and 8.03 (4) and (5); and to amend VA 8 (title), 8.02 (title) and (1), 8.02 (3), 8.03 (intro), (2), and (3), and 8.05; relating to the CVSO grant. Analysis prepared by the Department of Veterans Affairs.
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. Related statute or rule:
Plain language analysis:
Chapter VA 8 encompasses the county veterans service officer (CVSO) grant program, authorized under s. 45.82, Stats., that provides annual grants to county veterans service offices for the improvement of services to the county’s veterans. The proposed rule removes burdensome requirements that are not included in Chapter 45 of the Wisconsin Statutes, makes updates to reflect current administrative practices, and improves the administration of the CVSO grant program. This rule also makes general updates, revises outdated provisions, and amends certain provisions for clarity and conformity with current drafting standards for style and format. This rule makes the following substantive changes: •➢ Section VA 8.02 (1) removes the May 15 deadline for submitting a grant and refers to the date specified on the application form. It also requires applicants to include a copy of the county’s agreement with the department, which includes the goals and objectives to be attained using the grant funds. •➢ Section VA 8.02 (2) is repealed to eliminate an extra-statutory and burdensome requirement to provide an annual report evaluating the performance of CVSO programs and services. •➢ Section VA 8.02 (3) eliminates requirements not found in ch. 45 relating to the appointment of a county service officer from a list of certified candidates and instead requires the selection process to be in accordance with s. 45.80, Stats. •➢ Section VA 8.03 eliminates requirements not found in ch. 45 and eliminates references to full- or part-time veterans service officers due to the repeal of s. 45.82 (3), Stats., as affected by 2025 WI Act 15, section 144. Summary of, and comparison with, existing or proposed federal regulation:
Comparison with rules in adjacent states:
Illinois: Illinois requires that a service officer, who was discharged under honorable conditions, be assigned to each field office. The Illinois Department of Veterans Affairs (IDVA) provides equally apportioned grants to qualifying veteran service organizations that maintain an office in the Veterans Affairs Regional Office in Chicago. Grants may not be used to replace or supplant services provided by IDVA employees.
Iowa: The Iowa Department of Veterans Affairs controls a County Commission of Veterans Affairs fund through the County Allocation Program. Iowa Code section 35A.16 provides for a standing appropriation of $990,000 for the Program. Through the fund, the department annually allocates $10,000, if funding is available, to each county commission or to each county sharing the services of an executive director or administrator. Funds must be used for the administration and maintenance of the County Commission of Veterans Affairs office. Moneys distributed to a county must be used to supplement and not supplant any existing funding provided by the county or received by the county from any other sources.
Michigan: The Michigan Veterans Affairs Agency is required to establish representative veteran county committees to administer allocated money on the local level, which may be combined with two or more counties. The agency must create and operate a County Veteran Service Fund grant program that provides grants to counties for allowable expenditures related to county veteran service operations. The agency must make grants from the fund to each county that enters into a grant agreement and meets certain conditions for the sole use of supporting allowable expenditures made by the county's veteran service operations. The total disbursement for each grant is determined by a base amount of $50,000.00, or a percentage if the fund is insufficient to support the base amount.
Minnesota: Per Minnesota statute, every county is required to hire a county veterans service officer. The Commissioner of Veterans Affairs must administer grants to counties only to enhance the CVSO's operations. Each county is eligible to receive an annual grant of $7,500 and an additional specified amount based on the county’s veteran population. Additionally, the Minnesota Association of County Veterans Service Officers is eligible to receive an annual grant of $100,000 to be used (in part) for the certification of mandated county veterans service officer training and accreditation.
Summary of factual data and analytical methodologies:
The current policies and administration of the CVSO grant program 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:
