OF THE STATE OF WISCONSIN
DEPARTMENT OF VETERANS AFFAIRS
ADOPTING RULES
The Wisconsin Department of Veterans Affairs adopts an order to create VA 2.08, the veterans employment and entrepreneurship grant programs.
Analysis Prepared by the Department of Veterans Affairs
The rule establishes the general criteria, procedures, requirements and conditions for employers and nonprofit organizations to apply for grant funds for the hiring of disabled veterans and in the assisting to veteran-owned businesses, under the Veterans Employment and Entrepreneurship Grant programs.
Statutes Interpreted
Statute interpreted: Section 45.437 Stats. Statutory Authority
Explanation of agency authority
2015 Act 385 created s. 45.437, Stats., which provides the Department of Veterans Affairs authority to award grants to veterans, employers, and nonprofit 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 rules necessary to carry out the purposes of Chapter 45 and the powers and duties conferred upon it. 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. 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. Plain language analysis
The proposed rules established the general criteria, procedures, requirements and conditions for employers and nonprofit organizations to apply for grant funds 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.
The proposed rule details the goals grant recipients must meet and requires 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.
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.
Comparison with rules in adjacent states
In reviewing the statutes, rules and websites of veterans departments of adjacent states revealed no similar grant program
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.
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.
Effect on small business
There is no anticipated impact on small businesses.
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.
Comments and opinions prepared by the Board of Veterans Affairs under s. 45.03(2m), Stats. The Board of Veterans Affairs unanimously voted to approve adopting the proposed language to Chapter VA 2.08, the Employment and Entrepreneurship Program, and offered no comments. Department Contact
Kathy Still, Assistant Deputy Secretary
Department of Veterans Affairs
PO Box 7843
Madison, WI 53707-7843
Phone: 608-266-2256
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.
