Rule-Making Notices (Hearing Notices)

NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Department of Veterans Affairs in section 45.46 of the Wisconsin Statutes, the Department will hold a public hearing at the time and place shown below to consider an order to create section VA 2.07, relating to grants to non-profit organizations. As provided in s. 227.24 (4) of the Statutes, this hearing will also be for emergency rules that identically address this chapter VA 2.07 criteria.

Hearing Information

Date:   Wednesday, November 12, 2014
Time:   9:30 a.m.
Location:   201 W. Washington Avenue
  Room 324
  Madison, WI 53703

Hearing impaired persons may request and interpreter for this hearing. Please make reservations for a hearing interpreter by November 5, 2014, by writing to Kathy Marschman, Wisconsin Department of Veterans Affairs, 201 W. Washington Ave., P.O. Box 7843, Madison, WI 53703; or by emailing [e-mail]; or by telephone at [phone]. This hearing facility is handicap accessible.

Copies of Proposed Rule, Fiscal Estimate, and Economic Impact Analysis

You may obtain a free copy of this hearing draft rule and related documents including the economic impact analysis by contacting the Wisconsin Department of Veterans Affairs, 201 W. Washington Ave., P.O. Box 7843, Madison, WI 53703. You may also obtain a copy by calling [phone] or by emailing [e-mail]. Copies will be available at the hearing. To view the hearing draft rule online, go to: http://adminrules.wisconsin.gov.

Place Where Comments are to be Submitted and Deadline for Submission

Following the public hearing, the hearing record will remain open until 4:00 p.m. on November 19, 2014 for additional written comments. Comments may be sent to the Wisconsin Department of Veterans Affairs at the address above or to Kathy Marschman, [e-mail].

Analysis Prepared by the Department of Veterans Affairs

Statute interpreted

Section 45.46, Stats.

Statutory authority

Sections 227.10 (1), 227.11 (2) (a), and 45.03 (2).

Explanation of agency authority

Section 227.10 (1), Stats., requires each department to promulgate as a rule each statement of general policy and each interpretation of a statute which it specifically adopts to govern its enforcement or administration of that statute. Further, (2m) requires rule promulgation before a department may implement or enforce any standard, requirement, or threshold.

Section 227.11 (2) (a), Stats., authorizes the department to promulgate rules interpreting the provisions of any statute enforced or administered by the department, if the department considers it necessary to effectuate the purpose of the statute.

Section 45.03 (2), Stats., authorizes the Secretary to promulgate rules necessary to carry out the purposes of Chapter 45 and the powers and duties conferred upon it.

Related statute or rule

This rule administers a one-time competitive grant program for the award of grants to nonprofit organizations that provide assistance to veterans or their families. Although the Department administers various grant programs to organizations and individuals, the existing rules are insufficient and inappropriate for the new grant authority. Grants provided under existing sections of Chapter VA 2 are not competitive grants as is created by this rule. The existing grants in Chapter VA 2 are awarded to individuals based on financial need and the satisfaction of certain established criteria. Grants under Chapter VA 7 are awarded in compliance with s. 45.41, Stats., which establishes eligibility criteria and specific award levels for veterans organizations that engage in veterans claims service. Grants under Chapter VA 8 are awarded in compliance with s. 45.82, Stats., which establishes a sliding-scale grant level to counties for improvement of service to veterans based on county population. Grants under Chapter VA 15 are awarded in compliance with s. 45.82, Stats., which establishes criteria and a sum-certain that is equally divided between qualifying tribes or bands that apply for the grant for improvement of service to veterans. Grants under Chapter VA 16 are awarded in compliance with s. 45.83, Stats., to counties that provide transportation to veterans; eligible counties receive a proportion of the total appropriation based on the number of miles veterans were transported during a specified 12-month period.

Plain language analysis

This rule establishes the general criteria, procedures, requirements and conditions for the award of grants to nonprofits. It allows for grant applications from any nonprofit as defined in s.108.02 (19), to provide financial assistance or other services to veterans and their dependents.

The rule provides for solicitation of applications for grants in the form of public notice. Each grant applicant will be asked to provide: (1) proof of nonprofit status; (2) information about itself; (3) description of the financial assistance or other services it provides to veterans and their dependents; and (4) description of the need for the requested funds.

Summary of and comparison with, existing or proposed federal regulations

Research revealed no completely analogous grant program within the federal government, although the federal government offers grants to nonprofit organizations that provide certain specified services to veterans or their families, or provide services to a specific segment of the veterans' community, e.g., homeless veterans. An example is the US Department of Veterans Affairs Supportive Services for Veteran Families Program that provides grants to private nonprofit organizations and consumer cooperatives who coordinate or provide support services to very low income veteran families who meet certain criteria related to housing. Program grantees are responsible for providing outreach, case management, linkages to VA benefits, and linkages to other public benefits. This federal grant program is the mechanism for delivering the USDVA's programmatic services via third-party organizations.

Conversely, the state grant program administered by this rule is intended to complement the WDVA's services by providing financial assistance to nonprofit organizations that provide services to veterans not offered by the WDVA.

Comparison with rules in adjacent states

In reviewing the statutes, rules and websites of the veterans departments of adjacent states revealed no similar grant program.

Summary of factual data and analytical methodologies

The department analyzed the grant processes of organizations experienced in the administration of competitive grants and used those processes as a foundation for the rule and application procedures.

Analysis and supporting documents used to determine effect on small business or in preparation of economic impact report

There is no effect on small business. This is a voluntary grant program available only to certain nonprofit organizations.

Fiscal Estimate

The proposed rule changes will have no additional fiscal impact.

Effect on Small Business

The proposed rule changes will have no impact upon small businesses.

Agency Contact Person

Kathy Marschman

[e-mail]

[phone].

STATE OF WISCONSIN DEPARTMENT OF ADMINISTRATION DOA-2049 (R03/2012)	Division of Executive Budget and Finance 101 East Wilson Street, 10th Floor P.O. Box 7864 Madison, WI 53707-7864 FAX: [phone]
ADMINISTRATIVE RULES Fiscal Estimate & Economic Impact Analysis

1. Type of Estimate and Analysis
X Original   ⍽ Updated   ⍽ Corrected
2. Administrative Rule Chapter, Title and Number
VA2 - Emergency, correspondence and part-time study, retraining and tuition and fee reimbursement grants.
3. Subject
Grants to Nonprofit organizations.
4. Fund Sources Affected			5. Chapter 20, Stats. Appropriations Affected
⍽ GPR   ⍽ FED   ⍽ PRO   ⍽ PRS   X SEG   ⍽ SEG-S			20.485 (2) (tf).
6. Fiscal Effect of Implementing the Rule
X No Fiscal Effect ⍽ Indeterminate	⍽ Increase Existing Revenues ⍽ Decrease Existing Revenues		⍽ Increase Costs ⍽ Could Absorb Within Agency's Budget ⍽ Decrease Cost
7. The Rule Will Impact the Following (Check All That Apply)
⍽ State's Economy ⍽ Local Government Units		X Specific Businesses/Sectors ⍽ Public Utility Rate Payers ⍽ Small Businesses (if checked, complete Attachment A)
8. Would Implementation and Compliance Costs Be Greater Than $20 million? ⍽ Yes   X No
9. Policy Problem Addressed by the Rule
Allows Nonprofits serving Veterans to apply for grant funding through WDVA
10. Summary of the businesses, business sectors, associations representing business, local governmental units, and individuals that may be affected by the proposed rule that were contacted for comments.
N/A
11. Identify the local governmental units that participated in the development of this EIA.
N/A
12. Summary of Rule's Economic and Fiscal Impact on Specific Businesses, Business Sectors, Public Utility Rate Payers, Local Governmental Units and the State's Economy as a Whole (Include Implementation and Compliance Costs Expected to be Incurred)
There should be no fiscal impact on the Business sector, Public Utility Rate Payers, local governments or the State's economy.
13. Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
Provide a benefit to nonprofit organizations that are already serving Wisconsin veterans without assistance and encourage other nonprofits to provide benefit options for Wisconsin veterans.
14. Long Range Implications of Implementing the Rule
N/A
15. Compare With Approaches Being Used by Federal Government
N/A
16. Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota)
N/A
17. Contact Name				18. Contact Phone Number
Jim Parker				608-266-1843

This document can be made available in alternate formats to individuals with disabilities upon request.

ATTACHMENT A

1. Summary of Rule's Economic and Fiscal Impact on Small Businesses (Separately for each Small Business Sector, Include Implementation and Compliance Costs Expected to be Incurred)

Nonprofit businesses will apply for grant funds from WDVA to help offset costs of providing services to Wisconsin veterans.

2. Summary of the data sources used to measure the Rule's impact on Small Businesses

N/A

3. Did the agency consider the following methods to reduce the impact of the Rule on Small Businesses?

⍽ Less Stringent Compliance or Reporting Requirements ⍽ Less Stringent Schedules or Deadlines for Compliance or Reporting ⍽ Consolidation or Simplification of Reporting Requirements X Establishment of performance standards in lieu of Design or Operational Standards ⍽ Exemption of Small Businesses from some or all requirements ⍽ Other, describe:

4. Describe the methods incorporated into the Rule that will reduce its impact on Small Businesses

Minimum reporting standards are required without involvement in the nonprofit business operations.

5. Describe the Rule's Enforcement Provisions

The WDVA has authority to audit all grantees, see s.45.47, record-keeping and audit requirements for grant programs administered by the department.

6. Did the Agency prepare a Cost Benefit Analysis (if Yes, attach to form)

⍽ Yes X No