PROPOSED
ORDER OF THE STATE OF WISCONSIN
DEPARTMENT OF VETERANS AFFAIRS
ADOPTING PERMANENT RULES
The statement of scope for this rule
to modify Chapter
VA 8
, SS
047-16
, was approved b
y the Governor on May 24, 2016
, published in
Register No.
725B
on
May 31, 2016
, and approved by Secretary John A. Scocos on
June 10, 2016
.
ORDER
The Department of Veterans Affairs proposes an order to create
VA 8.001, VA 8.02
(2m), and VA 8.02
(4),
to amend
VA 8.02 (title), VA 8.02
(1), VA 8.02
(3), and VA 8.05,
and
to rep
eal
VA 8.02
(2) and VA 8.03
relating to the Grant to counties and tribe for improvement of services, Section
45.82
, Stats.
RULE SUMMARY/
ANALYSIS
1. Statute interpreted:
Section
45.82
, Stats.
3. Explanation of agency authority:
Section
45.82 (6)
: The department shall promulgate rules establishing criteria and procedures for reimbur
sement 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.
4. Related statute
s
or rule
s
:
The Department administers a program of grants to
American Indian Service Offices
for the improvement of services to veterans under s.
45.82
(4)
, Wis. Stats., and Chapter
VA
15
of the
Wisconsin Administrative Code.
5. Plain language analysis:
Under previous law, the grant was payable to counties and the amount of the grant was determined by the size of the county’s population.
The Department proposes an amendment to Chapter
VA 8
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.
6. Summary of
,
and comparison with, existing
or proposed federal
statutes and
regulations.
The county
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.
7. Comparison
with rules in adjacent states:
R
eview
of
the statutes, rules and websites of veterans depart
ments of adjacent states revealed no similar grant
program
.
8. Summary of factual dat
a and analytical methodologies:
The Department analyzed
the
grant processes of state agencies experienced in the administration of grants and used those processes as a foundation for the rule and application procedures.
9. Analysis and supporting documents used to determine effect on small business or in preparation of economic impact
analysis
:
There is no anticipated impact on small businesses.
10.
Effect on small business:
There is no anticipated impact on small businesses.
1
1
. Comments and opinions prepared by the Board of Veterans Affairs
under s.
45.03
(2m),
Stats.
:
Comments will be made available after the board reviews the proposed language prepared
in this rule-making order.
1
2
. Agency contact person
and place where comments are to be submitted and deadline for
submission
:
The public record on this proposed rule
-
making will be held open until close of business the day of the hearing to permit the submission of comments in lieu of public hearing testimony, or commen
t
s supplementing testimony offered at the hearing.
Rules coordinator:
Kelly Brady, paralegal
Office of Legal Counsel
Department of Veterans Affairs
201 W Washington Avenue
PO Box 7843
Madison, WI 53707-7843
Phone:
608-266-0518
C
omments on proposed administrative rules will be accepted through the Legislature's website at
http://docs.legis.wisconsin.gov/code/comment
.
All submitted comments will be sent to the appropriate agency rules coordinators. It is necessary to include
your
contact information in your submitted comments if you wish to receive a response.
Section
1.
VA 8.001
is
created to read:
VA
8.001 Definitions
.
(1)
“Affidavit of documented expenditures” means
a written sworn statement of fact on a form prepared by the department certifying a county has expended funds for expenditures authorized under s.
45.82
(5)
, Stats.
The affidavit shall be signed by
the county executive, administrator, or administrative coordinator.
(2)
“Application” means
a county shall apply annually to the department for a grant for the improvement of servic
es to former military personnel
on forms prepared by the department and signed by the county executive, administrator, or administrative coordinator.
Applications shall be received by the department no later than December 31 of each state fiscal year for which the grant is claimed.
(3)
“Indirect
c
harges” means
a cost or expense that is not directly traceable to a county
veterans
service office.
(
4
)
“Information
t
echnology”
or “IT”
means computer equipment and database in
frastructure to assist county
veterans
service offices in the administration of veterans benefit
programs.
(5)
“Reimbursement”
means repayment for documented expenditures as authorized under s.
45.82
, Stats
.
(
6
)
“
Special
o
utreach to
v
eterans
”
means outreach efforts to veterans regarding state and federal veterans benefit programs and services
.
(
7
)
“
Training and
s
ervices
p
rovided by the department
and the federal
department of veterans affairs
”
means formal training
and con
ferences
in the state of Wisconsin,
provided
by the
Wisconsin
department
of veterans affairs
and
the
federal d
epartment
of
veterans affairs
for training
in
the administration of veterans benefit programs.
(8)
“Transportation for veterans and service to veterans with barriers” means actual travel expenses incurred for the transportation of
v
eterans, or to provide services to veterans with barriers.
(9)
“Veteran with a barrier” means a veteran who needs the help of another person or medical equipment such as crutches, a walker or a wheelchair to leave the veteran’s residence.
Section
2. VA 8.02
(title)
and VA 8.02
(1) are a
mended to read:
VA 8.02. Application,
reimbursement,
report and
eligibility
, and general limitations
.
(1)
APPLICATION.
Application for county veterans’ service grants
for the improvement of services to former military personnel
shall be made by the county
not later than May 15 of the calendar
each state fiscal
year
for which the grant is claimed
.
on
forms prepared by the department.
An application must be accompanied by a copy of the budget proposed for the county veterans’ service office for the fiscal year for which the grant is claimed. Application shall be made
annually, and the county must meet minimum budget and operating standards established by the department for the county veterans’ service office in order to qualify for the initial grant and for each succeeding grant.
Section
3. VA 8.02(2) is repealed
Section
4
. VA 8.02
(2m) is created to read:
VA 8.02
(2m
)
REIMBURSEMENT
.
In order to qualify for a reimbursable county veterans service grant, a county shall submit
an affidavit
of
documented
reimbursable grant expenditures as authorized under s.
45.82
(5)
, Stats
.
The county shall submit the affidavit form
for the
first
reimbursement period of July 1
to
December 31
no
t
later than January 15
of the fiscal year,
and
for the
second
reimbursement period of January 1
to
June 15
by June 15 of the fiscal year.
A
county can request reimbursement
during the
second
reimbursement period
for
unclaimed
documented expenditures that were incurred and paid during the
first
reimbursement period.
Section
5
. VA 8.02
(3) is amended to read:
VA 8.02
(3)
ELIGIBILITY.
Only
The
department shall reimburse only
a county which
submits a completed application under VA 8.02
(1).
meets
minimum budget and operating standards established by the department
and which chooses any new county veterans service officer
elected after August 5, 1973, from a list of candidates certified by the director
of the state bureau of personnel or appoints such service officer
under
ch.
63
, Stats., may be eligible for a grant. No grant shall be
disbursed until the report required and a certified copy of the budget
adopted by the county board for county veterans’ service
office operation for the fiscal year for which the grant is claimed
have been received by the department.
Section
6
. VA 8.02
(4) is created to read:
VA 8.02
(4
)
GENERAL
LIMITATIONS.
Expense
s
incurred to acquire
or provide
any of the following are
eligible for
reimbursement
under this grant program:
(a)
Information technology
,
includ
ing
desktop computer
s
, laptop
s
,
tablets,
flat panel display
s
, printer
s
, scanner
s
, multifunction device
s
for printing, copying, and faxing, federal VA Personal Identity Verification card reader
s
, technology software, subscriptions and maintenance
and
mobile/
WiFi
hotspots
.
I
ndirect
charges
related to information technology including
related
consumable items such as paper, ink
,
and other printing supplies
and IT purchases are
not reimbursable under this grant program.
(b)
Transportation for veterans and service
s
to veterans with barriers
includ
ing
transportation
services
such as
bus passes, mileage reimbursement paid to
county
veterans
service officers or
volunteer drivers
providing transportation services to veterans with barriers
,
and
contracted and leased transportation services.
Costs for providing gas cards and gift cards to veterans,
reimbursement of fees charged to veterans for transportation costs, mileage reimbursement to
c
ounty
v
eterans
s
ervice
o
fficers
for general outreach to veterans, and travel to meetings by
c
ounty
v
eterans
s
ervice
o
fficers
throughout
the county or state are not reimbursable under this grant program.
(c)
“
Special outreach to veterans
”
includ
ing
marketing, advertisement
s
, promotional materials, newsletters,
and
registration fees for booths at outreach events.
Plaques and awards for veterans, flags and flag holders, grave markers, newspaper subscriptions, and publications are not reimbursable under this grant program
.
(d)
“
Training and services provided by the department and the federal department of veterans affairs
”
inclu
ding
veterans
state and federal
benefits training
and
accreditation
training and conferences
provided
by the
Wisconsin
department
of veterans affairs and
federal
department of veterans affairs
.
Expenses incurred in training
county v
eterans
service officers provided by
any source other than the department or the federal department of
veterans
affairs are not reimbursable under this grant program.
Section
7
.
VA 8.03 is repealed
Section
8
. VA 8.05 is
repealed
.
END OF RULE TEXT
Effective date. This rule shall take effect on the first day of the month following publication in the Wisconsin Administrative Register as provided in s.
227.22 (2) (intro.)
, Stats.
