4. Related statutes or rules:
Section 45.47 provides the definition of a grant recipient, details a grant recipient’s record-keeping duties, and provides for reduction, suspension, or termination of funds to grant recipients, in addition to other legal remedies, should a grant recipient fail in those duties. 5. Plain language analysis:
The department proposes to promulgate the required rules detailing the goals grant recipients must meet and requiring that those goals be met before any grant moneys are disbursed, as well as regarding the reporting requirements regarding the expenditures of grant moneys, and audits of those records to ensure compliance.
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.
6. Summary of, and comparison with, existing or proposed federal statutes and regulations.
The Veterans Employment and Entrepreneurship 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:
In reviewing the statutes, rules and websites of veterans departments of adjacent states revealed no similar grant program
8. Summary of factual data 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.
10. Fiscal Estimate:
This rule will have no fiscal impact on small businesses. The program described by this rule may provide funds to some small businesses. It requires the completion of an application if the business wishes to receive grant funds, but imposes no duty on businesses not wishing to apply for the grant funds.
11. 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.
12. 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 comments supplementing testimony offered at the hearing.
Prior to September 1, 2016, comments on proposed rules should be sent to:
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
Beginning September 1, 2016 comments 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. The previous administrative rules website at health.wisconsin.gov/admnrules/public/Home will be decommissioned on September 1, 2016. Section 1. VA 2.08 is created to read:
VA 2.08 Veterans employment and entrepreneurship grants. (1) AUTHORITY AND PURPOSE. The purpose of this section is to establish rules for the implementation and administration of grants to assist veteran entrepreneurs, to give employers in this state incentives to hire veterans, especially disabled veterans, and to help fund employment training for veterans, especially disabled veterans, as authorized under s. 45.437, Stats. (2) APPLICABILITY. This section applies to grants awarded under s. 45.437, Stats. (3) DEFINITIONS In this section:
(a) “Applicant” means an employer or nonprofit organization located in this state that applies for a grant to improve employment outcomes for veterans living in this state.
(b) “Certification Request” means a department approved form used to verify the employee is a veteran and a resident of this state in accordance with sections 45.01(12) and 45.02, Wis. Stats.; and has a service-connected Federal VA disability rating of at least 50%, under 38 USC 1114 or 1134. (c) “Department” means the Wisconsin department of veterans affairs.
(d) “Disabled veteran” means a veteran who is verified by the department to have a service-connected disability rating of at least 50 percent under 38 USC 1114 or 1134. (e) “Employee” means a person who is hired for a wage, salary, fee or payment to perform work for an employer.
(f) “Employer” means a person or organization located in the state that employs people, but does not include local, state, and federal government agencies.
(g) “Evaluation committee” means a committee comprised of members of the board of veterans affairs that evaluates applications made under subsection (5).
(h) “Full-time job” means a regular, nonseasonal full-time position in which an individual, as a condition of employment, is required to work at least 2,080 hours per year, including paid leave and holidays.
(i) “Grant” means an agreement between the department and the grantee whereby the department provides funds from the appropriation under s. 20.485 (2) (qm), Stats., for the purposes specified in s. 45.437, Stats. (j) “Grantee” means an employer or nonprofit organization receiving a grant from the department.
(k) “Grant participant” means a person who meets the requirements of s. 45.01 (12), Stats. and receives services under subsection (5). (l) “Nonprofit organization” is an organization described in section 501 (c) (3) and 501(c)(6) of the internal revenue code that is exempt from federal income tax under s. 501 (a) of the internal revenue code. (m) “Part-time job” means a regular, nonseasonal part-time position in which an individual, as a condition of employment, is required to work fewer than 2,080 hours per year, including paid leave and holidays.
(n) “Underserved geographic areas of the state” means rural communities.
(o) “Underserved veteran populations” means minority groups, women, low-income, veterans with disabilities.
(p) “Veteran” means a person who meets the requirements of s. 45.01 (12), Stats., and resides in the state. (4) VETERANS EMPLOYMENT GRANTS. (a) From the appropriation account under s. 20.485 (2) (qm), Stats., the department may award a grant in any of the following amounts to any employer who hires a veteran to work at a business in this state: 1.
For each disabled veteran the employer employs for 12 consecutive months to work a full-time job at the employer’s business in this state, $2,500 following the first 6 months of employment, and $2,500 following the second 6 months of employment.2.
Subject to par. (d), for each disabled veteran the employer employs for 12 consecutive months to work a part-time job at the employer’s business in this state, $1,250 following the first 6 months of employment, and $1,250 following the second 6 months of employment.(b) GRANT APPLICATION. A grant application shall be submitted on a department approved form. The application shall specify employer and employee contact information and verification of employee employment status. The department may request additional verification of any information provided in the application. A “certification request” shall be submitted with the application. The certification shall be used to verify the employee is a veteran and a resident of this state in accordance with sections 45.01(12) and 45.02, Wis. Stats. and has a service-connected Federal VA disability rating of at least 50%, under 38 USC 1114 or 1134. The form shall be submitted directly to the department, either manually or electronically. (c) The department shall not pay a grant to an applicant if the veteran voluntarily or involuntarily leaves his or her employment with the applicant.
(d) The department shall determine the amount of the grant under sub. (4) (a) as follows:
1. Divide the number of hours that the disabled veteran worked for the applicant during the 12 consecutive months of employment by 2,080, and then
2. Multiply $1,250 or $2,500 as determined under sub. (4) (a) by the number determined under subd. 1.
(5) VETERANS ENTREPRENEURSHIP GRANTS. (a) Eligible applicant. A nonprofit organization is eligible to receive a grant under this subsection when the organization meets all of the following conditions:
1. It provides entrepreneurship training, technical or business assistance, financial assistance, or other assistance to veteran entrepreneurs to improve employment outcomes.
