Statement of Scope
Department of Veterans Affairs
VA 2.08 (Creating)
Veterans Employment and Entrepreneurship Grant Program, 45.437
Both Permanent and Emergency
1. Finding/nature of emergency (Emergency Rule only):
The Wisconsin Department of Veterans Affairs (DVA) finds that an emergency exists and that the emergency rule procedure pursuant to s. 227.24, Stats. is necessary for the immediate preservation of the public peace, safety or welfare. 2015 Wisconsin Act 385 created the Veterans Employment and Entrepreneurship Grant Program. The effective date of the program is July 1, 2016 which requires the department to promulgate administrative rules related to grants to veterans, employers, and nonprofit organizations to help fund employment training opportunities for veterans, especially disabled veterans.
Due to the length of time that may be required to promulgate the rule, the scope is being submitted for both the permanent rule and an emergency rule to ensure the DVA can provide funds early in Fiscal Year 2017 to employers to incentivize hiring of disabled veterans and entrepreneurial entities which will assist veterans in the development and growth of their own startup businesses, thereby helping improve the business startup environment within the state. Additionally, the grant can be used for employment training programs for veterans. The sooner the rule is promulgated, the sooner veteran students may be able to benefit from employment training aided by these grant funds. Unless a new rule is in place, DVA will be prevented from efficiently implementing and administering this program and applicants for the grants will not have clear guidance on program requirements by the effective date of this program. The promulgation of emergency rules will help ensure implementation of the program remains consistent through the completion of the permanent rule making process.
2. Detailed description of the objective of the proposed rule:
The proposed rule relates to new authority by which the Department of Veterans Affairs may award grants to employers, and nonprofit organizations (1) to assist veteran entrepreneurs, (2) to give employers in this state incentives to hire veterans, especially disabled veterans, (3) to help fund employment training for veterans, especially disabled veterans, and (4) for other programs or purposes as determined by the department by rule.
The rule will establish the specific goals the grant recipients must meet and will require that those goals be met before any grant moneys are disbursed, as per 45.437(4) Wis. Stats.
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:
There is no existing policy relevant to this rule because this is a new program. The Department has existing rules related to grants awarded to veterans service organizations and counties for the delivery of services to veterans, and also specifically for transportation services provided to veterans. The existing rules, however, are insufficient and inappropriate for the new grant authority.
The proposed new policies will establish the general criteria, procedures, requirements and conditions for employers and non-profit organizations to apply for grant funds not to exceed $500,000 in aggregate per fiscal year.
4. Detailed explanation of statutory authority for the rule (including the statutory citation and language):
Act 385 creates s. 45.437, Stats., which provides the Department of Veterans Affairs authority to award grants to veterans, employers, and nonprofit or organizations to assist veteran entrepreneurs, to give employers in this state incentives to hire veterans, especially disabled veterans, to help fund employment training for veterans, especially disabled veterans, and for other programs or purposes as determined by the department by rule. Section 45.437(4) explicitly directs the Department of Veterans Affairs to promulgate Section 45.03 (1), Stats., authorizes the Secretary of the Department of Veterans Affairs to promulgate rules necessary to carry out the purposes of Chapter 45 and the powers and duties conferred upon it. Section 227.10 (1), Stats., directs each agency to promulgate as a rule each statement of policy to govern its enforcement and interpretation of a statute. 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:
6. List with description of all entities that may be affected by the proposed rule:
Veterans, employers, and nonprofit or organizations.
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:
There are no known existing or proposed federal regulations that address this new state grant program.
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 economic impact.