Statement of Scope
Department of Veterans Affairs
Relating to
:
|
T
he
American Indian Veterans' Service Grant program
|
1.
Finding/nature of emergency (Emergency Rule only):
N/A
2. Detailed description of the objective of the proposed rule:
As the result of changes made by
2015 Wisconsin Act 55
, the
Department seeks to modify the
American Indian Veterans' Service Grant program
rules by identifying the grant as a reimbursable grant
; and
by
establishing criteria and procedures for
the
application process, reimbursement, eligibility and general limitations
under the grant.
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 Department administers
a program of grants to
tribes
and bands
for the improvement of services to
veterans under s.
45.82
(4)
, Wis. Stats.
,
and Chapter
VA
15
of the Wisconsin Administrative Code. Under the current code language
,
a
tribe
and or band
receives grant funds upon application.
Under previous law
,
the grant was payable to
a tribe or band
and
the amount of the grant
was
not to exceed the statutory limit of $15,000.00.
The Department proposes an amendment to
Chapter
VA 15
to bring the rule into compliance with current law
which made
the grant reimbursable
,
established categories of expenses eligible for reimbursement, and phases out the use of grant funds for salary and fringe benefit expenses. The revised rule
would provide
guidance regarding
the application process
, eligibility, general limitations
,
and
eligible expenses within each category of statutorily-permissible expenses
.
Additionally, the rule will provide guidance regarding the reimbursement procedure.
Policy alternatives would be to reimburse without consideration of the appropriateness of the expenditures of the grant.
4. Detailed explanation of statutory authority for the rule (including the statutory citation and language):
Section
45.82 (6)
: The department shall promulgate rules establishing criteria and procedures for reimbursement under subs. (2) and (4).
Section
45.03 (2)
:
Rule-making; records. The secretary, after consulting with the board, may promulgate rules necessary to carry out the purposes of this chapter and the powers and duties conferred upon it. The records and files of the department of military affairs and of any other state department or officer shall, upon request, be made available to the secretary or to the board; and,
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:
Approximately
20
hours of
Department of Veterans Affairs
staff time will be needed to promulgate the rules.
6. List with description of all entities that may be affected by the proposed rule:
The rule will affect applicants for grants under the
American Indian Veterans' Service Grant 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:
The
American Indian Veterans' Service Grant program
is administered under the authority of state law. There are no
existing or proposed federal regulations that address the activities to be regulated by the rule.
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 impact on small businesses.
Contact Person:
Kelly Brady,
paralegal,
Office of Legal Cou
n
sel
, Department of Veterans Affairs,
608-266-0518,
Kelly.Brady@dva.wisconsin.gov
.
