Clearinghouse No. 25-062
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 028-24, 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 15.02 (2), 15.03 (3), and 15.04; to renumber and amend VA 15.02 (3); to amend VA 15 (title), 15.02 (title) and (1), 15.03 (intro), (1), (2), and (4); relating to the TVSO 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. Section 45.82 (4), Stats., provides that the Department shall promulgate rules to implement this subsection. Related statute or rule:
Plain language analysis:
Chapter VA 15 encompasses the tribal veterans service officer (TVSO) grant program, authorized under s. 45.82 (4), Stats, which provides grants to eligible federally recognized American Indian tribes for the improvement of services to tribal veterans. The proposed rule removes provisions that are not included in Chapter 45 of the Wisconsin Statutes, makes updates to reflect current administrative practices, and improves the administration of the TVSO 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 This rule also makes general updates, revises outdated provisions, and amends certain provisions for clarity and conformity with current drafting standards for style and format.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 15.02 (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 •➢ Section VA 15.02 (2) is repealed to eliminate an extra-statutory and burdensome requirement to provide an annual report evaluating the performance of TVSO programs and services. •➢ Section VA 15.02 (3) eliminates requirements not found in ch. 45 relating to the choosing a tribal veterans service officer after August 1, 2000, and instead requires the selection process to be in accordance with s. 45.82 (4), Stats. •➢ Section VA 15.03 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:
A review of statutes, rules, and websites of veterans departments of adjacent states revealed no similar grant program.
Summary of factual data and analytical methodologies:
The current policies and administration of the TVSO 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:
The permanent rule was posted for 14 days to solicit economic impact comments from stakeholders. The Department received a letter from the leadership of the CTVSO Association of Wisconsin supporting the rule revisions and confirming the proposed rules would not create a negative economic impact.
Fiscal Estimate and Economic Impact Analysis:
The Fiscal Estimate and Economic Impact Analysis document is attached.
