This bill transfers $18,185,300 in fiscal year 2005-06 and $16,949,400 in fiscal
year 2006-07 from the utility public benefits fund to the general fund.
Other state government
Under current law, DATCP administers most laws regarding consumer
protection and trade practices. Current law also authorizes DATCP to enforce some
of these laws by initiating court actions. The district attorney enforces other laws.
Where DATCP has enforcement authority, that authority may be exclusive, or
DATCP may share enforcement authority with the district attorney or with DOJ.
This bill transfers the administration of certain of these laws from DATCP to
DOJ, including laws relating to ticket refunds, dating service contracts, mail-order
sales, fraud, methods of competition and trade practices, telecommunications
services, cable television subscriber rights, hazardous substances, product safety,
products containing or made with ozone-depleting substances, future services plans,
landlord and tenant, and time-share ownership. The bill also transfers enforcement
authority for these laws to DOJ or to DOJ jointly with the district attorney. The bill
leaves intact DATCP's administration of certain other laws, but transfers their
enforcement authority to DOJ or to DOJ jointly with the district attorney. These
laws include laws regarding unfair trade practices in the dairy industry and in the
procurement of vegetable crops, and laws regarding discrimination in the purchase
of milk. The bill does not affect DATCP's authority to administer and enforce certain
other laws, including laws relating to music royalty collection, energy savings or
safety claims, and motor fuel dealerships.
Under current law, if a court imposes a fine or forfeiture for a violation of certain
consumer protection laws or the laws regulating weights and measures, the court is
required to impose also a consumer protection surcharge. These surcharges are, up
to a certain limit, appropriated to DATCP to fund consumer protection, information,
and education. Under the bill, these surcharges are, with certain exceptions,
appropriated to DOJ, rather than DATCP. The bill also requires a court to impose
the surcharge when it imposes a fine or forfeiture for certain violations involving
trusts and monopolies.
Under current law, DATCP is governed by the Board of Agriculture, Trade and
Consumer Protection. The board currently consists of nine members, seven of whom
must have an agricultural background and two of whom represent consumers. This
bill requires that all nine members have agricultural backgrounds.
The bill also changes the name of DATCP to the Department of Agriculture,
Trade, and Rural Resources and changes the board's name to the Board of
Agriculture, Trade, and Rural Resources.
This bill creates a Division of Legal Services in DOA to provide legal services
to executive branch agencies. With certain exceptions, the bill transfers all attorney
positions in executive branch agencies to the Division of Legal Services effective on
January 1, 2006. The bill also transfers all positions identified as hearing examiners,
hearing officers, or administrative law judges, other than such positions in DWD, to
the Division of Hearings and Appeals in DOA. Attorney positions in DOJ (except for
two attorney positions with tax-litigating duties), the Office of the State Public
Defender, the PSC, the UW System, the Employment Relations Commission, the
State of Wisconsin Investment Board, the Elections Board, the Ethics Board, and the
Office of the Governor are exempt, as are all state employees working in an office of
a district attorney. In addition, the bill retains a general counsel or lead attorney
position in each of 17 major state agencies and offices.
Under the bill, executive branch agencies that are authorized or required to
employ or retain an attorney may do so only in the following ways: (1) employ an
attorney in a position authorized by law, (2) contract with DOA for legal services, (3)
allow DOJ to furnish legal services if DOJ is required by law to furnish the services,
(4) allow or contract with the Division of Hearings and Appeals to furnish legal
services if the Division of Hearings and Appeals is required or authorized by law to
furnish the services, or (5) employ or retain any attorney who is not a state employee
subject to the approval of the governor.
The bill also requires the secretary of administration to lapse or transfer to the
general fund from the unencumbered balances of agency appropriations, other than
sum sufficient appropriations and appropriations of federal revenues, an amount
equal to $724,900 during the 2005-07 fiscal biennium. The secretary of
administration must lapse or transfer these moneys from allocations for agency legal
services that would have been provided in that fiscal biennium with funding from
those appropriations.
This bill directs the secretary of administration, no later than July 1, 2006, to
review all holdings of state-owned real property for potential sale, except property
under the jurisdiction of the Board of Regents of the UW System, property under the
jurisdiction of DNR (except central or district office facilities), and certain other
specified property. Potential sales may include surplus or nonsurplus property, and
may be evaluated with or without the approval of the state agency that administers
the affected property.
Under the bill, if the Building Commission votes, on or before June 30, 2007,
to approve the sale of any property reviewed by DOA, DOA may sell the property if
DOA believes that the sale is in the best interests of the state, subject to certain
exceptions. The bill does not authorize DOA to close or sell any facility or institution
the operation of which is provided for by law.
With certain exceptions, all net proceeds of property sales, after retirement of
any outstanding debt on the affected properties and after any required
reimbursement of the federal government for any federal financial assistance used
to acquire the properties, must be deposited into the general fund.
Currently, the Land Information Board, attached to DOA, serves as a state
clearinghouse for access to land information and provides technical assistance to
state agencies and local governmental units with land information responsibilities,
reviews and approves county plans for land records modernization, and provides aids
to counties, derived from recording fee revenues collected by counties, for land
records modernization projects. Under current law, the board and most of its
functions are abolished effective on July 1, 2005.
This bill assigns to DOA most of the functions of the Land Information Board.
Currently, counties collect a fee for recording and filing most instruments that
are recorded or filed with the register of deeds. Until July 1, 2005, counties must
remit a portion of each fee collected to the Land Information Board, which the board
uses to fund its operations and to make grants to counties for land records
modernization projects. On July 1, 2005, the fee for recording or filing the first page
of an instrument is reduced and no portion is remitted to the state. This bill
reinstates the current fees but requires that the state's share be remitted to DOA
instead of to the Land Information Board.
Current law directs the Wisconsin Land Council in DOA to do the following:
1) identify and recommend to the governor land use goals and priorities; 2) study the
development of a computer-based land information system and make
recommendations to the governor; and 3) establish a state agency resource working
group that is composed of representatives of various state agencies. Current law
directs this group to discuss, analyze, and address land use issues and related policy
issues. Currently, the Wisconsin Land Council sunsets on September 1, 2005. This
bill transfers almost all of the functions and responsibilities of the Wisconsin Land
Council to DOA.
This bill provides that a person who knowingly presents or causes to be
presented a false claim under any contract or order for materials, supplies,
equipment, or contractual services to be provided to the state or a local government
is subject to a forfeiture (civil penalty) of not less than $5,000 nor more than $10,000,
plus three times the amount of the damages that were sustained by the state or
would have been sustained by the state, whichever is greater, as a result of the false
claim.
Under current law, a county that has a federally recognized Indian reservation
within or partly within its boundaries may develop a cooperative county-tribal law
enforcement program with a tribe located in the county. The county and the tribe
may apply for aid from DOJ for the program. The Office of Justice Assistance (OJA)
administers a separate grant program to fund county law enforcement services in
counties that border Indian reservations. A county is eligible for a grant under the
OJA program only if: 1) the county demonstrates a need for those services; 2) there
is a neighboring tribe with which the county does not have a county-tribal law
enforcement agreement; and 3) the county meets criteria established by rule by OJA.
Both of these grant programs are funded from Indian gaming receipts.
This bill makes OJA responsible for administering the cooperative
county-tribal grant program and extends its applicability to cases in which a county
borders a reservation. The bill eliminates the existing OJA grant program for
counties that border Indian reservations.
Currently, the Joint Committee on Legislative Organization must recommend
to the legislature, in the form of a joint resolution, a Wisconsin newspaper to be the
official state newspaper. This bill provides that the secretary of administration
designates a Wisconsin newspaper to be the official state newspaper.
taxation
Income taxation
This bill adopts, for state income and franchise tax purposes, changes made to
the Internal Revenue Code by the Jobs and Growth Tax Relief Reconciliation Act, not
including changes related to bonus depreciation and expensing provisions and an
increase in the alternative minimum tax exemption; the Military Family Tax Relief
Act; the Medicare Prescription Drug, Improvement and Modernization Act, not
including changes related to health savings accounts; the Social Security Protection
Act; the Pension Funding Equity Act; the Working Families Tax Relief Act, not
including changes related to deductions for charitable contributions of computer
equipment and expensing provisions related to brownfields remediation costs; the
American Jobs Creation Act, not including changes related to the expensing of film
and television production costs; and the YMCA retirement fund.
Under current law, spouses that file a joint income tax return are both liable for
the payment of any tax related to that return. However, DOR may relieve a person
of that tax liability if the person's spouse did not notify the person of any tax liability
or understatement of taxes related to the joint return. This bill requires a spouse to
apply for relief from tax liability within two years from the date on which DOR begins
collection activities on the spouse's tax liability or within two years from the effective
date of the provision, whichever is later.
In general, current law provides a subtraction from federal adjusted gross
income for up to $3,000 paid per year per student for tuition to attend a university,
college, technical college, or other school that is approved by the Educational
Approval Board and that is located in this state or that is subject to the
Minnesota-Wisconsin reciprocity agreement. This bill increases the amount of the
allowable subtraction from $3,000 per year per student to $5,100 or twice the average
amount charged by the UW System Board of Regents at four-year institutions for
resident undergraduate tuition for the most recent fall semester, whichever is
greater.
This bill authorizes DOR to prepare a list of delinquent taxpayer accounts in
excess of $25,000 that are unpaid for more than 90 days after all appeal rights have
expired. The list must include the name, address, and type and amount of tax due,
including interest, penalties, fees, and costs for each person on the list. If the person
listed is a corporation, the list must also include the name and address of each of the
corporation's officers.
The bill also authorizes DOR to maintain the list on the Internet. However,
DOR may not post on the Internet the name of any person who has reached an
agreement with DOR or DOJ regarding the payment of delinquent taxes, and is in
compliance with that agreement, or the name of any person who is protected by a stay
in effect under the federal Bankruptcy Code. DOR must update these provisions on
the Internet site each business day.
Under current law, an individual may on his or her income tax return designate
any amount of additional payment or any amount of a refund due for the endangered
resources program, a local professional football district, and a breast cancer research
program. This bill creates a similar income tax checkoff for designations to the
veterans trust fund. The bill also allows a corporation that files a state tax return
to designate on its return any part of its refund, or any amount in addition to taxes
owed, as a donation to the veterans trust fund.
This bill requires a partnership, a limited liability company, a tax-option
corporation, an estate, or a trust that is treated as a pass-through entity for federal
income tax purposes to withhold income taxes from income that the entity
distributes to a nonresident partner, member, shareholder, or beneficiary.
Under current law, a taxpayer may claim an income or franchise tax credit
based, generally, on the taxpayer's business activities in a location designated by the
Department of Commerce as a development zone, opportunity zone, enterprise zone,
or agricultural development zone. The taxpayer may claim the credit against the
taxes imposed on the income derived from the taxpayer's business activities in a
zone. In addition, the taxpayer may claim a credit, in part, based on the number of
full-time jobs that the taxpayer creates in the development zone that are filled by
a member of a targeted group, which includes an individual who resides in an area
that the federal government designates as an empowerment zone or enterprise
community.
Under this bill, generally, the taxpayer may claim a credit against the taxes
imposed on all of the taxpayer's Wisconsin income. In addition, the targeted group
includes an individual who resides in an area that the federal government designates
as an economic revitalization area.
Under current law, a person may claim an income or franchise tax credit against
the person's state income or franchise tax liability for 10 percent of the amount that
the person paid in the taxable year to modernize or expand the person's dairy farm.
Under the bill, a person may claim the credit for 10 percent of the amount that the
person paid in the taxable year to modernize or expand the person's livestock farm.
Under current law, for purposes of computing corporate income taxes and
franchise taxes, a formula is used to attribute a portion of a corporation's income to
this state. The formula has three factors: a sales factor, a property factor, and a
payroll factor. The sales factor represents 50 percent of the formula and the property
and payroll factors each represent 25 percent of the formula. Under current law,
beginning on January 1, 2008, the sales factor will be the only factor used to attribute
a portion of a corporation's income to this state. This bill modifies the sales factor
to provide for the apportionment of income derived from the lease, rental, or licensing
of real property and moving property, the use of computer software, and the sale or
use of intangible property and services.
This bill adopts the substantive provisions of the streamlined sales and use tax
agreement for administering and collecting state, county, and stadium district sales
and use taxes. States that wish to enter into the agreement must adopt uniform
definitions related to the administration of sales and use taxes and uniform policies
related to sourcing sales of goods and services, bad debt allowances, refunds, and, to
some extent, exemptions.
Under current law, generally, a person needs a permit from DOR to sell
cigarettes in this state as a distributor, jobber, vending machine operator, or multiple
retailer. Also, a person needs a permit from DOR to sell tobacco products in this state
as a distributor or subjobber. A "jobber" is any person who acquires cigarettes from
manufacturers or distributors, stores the cigarettes, and sells the cigarettes to
retailers for resale. A "subjobber" is any person, other than a manufacturer or
distributor, who buys tobacco products from a distributor and who sells such
products to any person other than the ultimate consumer.
This bill prohibits a direct marketer from selling cigarettes or tobacco products
to consumers in this state without the appropriate permit from DOR. The fee for the
permit is based on the number of cigarettes that the direct marketer sells annually
to consumers in this state.
Under the bill, DOR may not issue a permit to a direct marketer unless the
direct marketer certifies to DOR that all sales of cigarettes or tobacco products to
consumers in this state will be credit card transactions; that the invoices for all
shipments of cigarettes or tobacco products will bear the direct marketer's name,
address, and permit number; and that the direct marketer will provide DOR any
information that DOR considers necessary for cigarette and tobacco products tax and
permit purposes. The direct marketer may not sell any cigarettes or tobacco products
unless the sales tax, use tax, cigarette tax, or tobacco products tax, as appropriate,
has been paid on the sale of the cigarettes or tobacco products. In addition, a direct
marketer may not sell cigarettes or tobacco products in this state unless the direct
marketer has a mechanism, approved by DOR, for verifying the age of the purchaser,
and the direct marketer receives from the purchaser, at the time of purchase, a copy
or facsimile of an identification card and the name specified on the identification
matches the name of the purchaser.
Under the bill, cigarettes and tobacco products may not be shipped to a person
who is under 18 years of age and may not be shipped to a post-office box.
Under current law, the state imposes a sales tax on all retailers at the rate of
5 percent of the gross receipts from the sale, lease, or rental of tangible personal
property and the sale of certain services. For sales tax purposes, a retailer includes
a seller who sells any tangible personal property or taxable service. A retailer who
is subject to the sales tax must obtain a seller's permit, collect the sales tax, and remit
the collected tax to DOR. The Wisconsin Supreme Court has held that a religious
organization that sells tangible personal property is not a retailer subject to the sales
tax if the sales are not mercantile in nature. This bill subjects a retailer to the sales
tax regardless of whether the sale is mercantile in nature.
Under current law, a nonprofit organization that sells tangible personal
property or services is required to have a seller's permit if it sells property or services
on more than 20 days during the year and the gross receipts from such sales exceed
$15,000. This bill increases this amount to $25,000.
Under current law, the sales of tangible personal property or taxable services
made by a nonprofit organization at an event involving entertainment are subject to
the sales tax and the use tax if the organization's payment for the entertainment
exceeds $300. This bill increases this amount to $500.
This bill authorizes DOT, DRL, and DWD to provide information, such as
names, addresses, and social security numbers, to DOR for the purpose of
administering state taxes. The bill also authorizes other state agencies that issue
occupational licenses to provide such information to DOR for the purpose of
administering state taxes.
Under current law, generally, a license, credential, permit, or certificate
(license) issued by the state may be denied or revoked if the person who holds the
license is liable for delinquent state taxes. Under current law, DOR certifies to the
Wisconsin Supreme Court and to the licensing entity that the license holder or
license applicant owes delinquent taxes. The Supreme Court and the licensing entity
deny or revoke the license based on DOR's certification. The license holder or
applicant is then entitled to a hearing conducted by DOR. If, as a result of the
hearing, DOR affirms the person's tax delinquency, the Supreme Court and the
licensing entity affirm the license revocation or denial. Then the person may appeal
the revocation or denial to the Dane County Circuit Court.
Under this bill, if as a result of a hearing DOR affirms the tax delinquency of
a person who has applied for or who holds a license to practice law, the license holder
or applicant may appeal DOR's determination to the Dane County Circuit Court. If
the Dane County Circuit Court upholds DOR's determination, DOR affirms the
person's tax delinquency, and the state Supreme Court decides whether to revoke or
deny the license to practice law.
Under current law, a state agency may certify to DOR any debt owed to the
agency so that DOR may collect the debt from any tax refund owed to the debtor, but
only if the debt has been reduced to a judgment. Under current law, generally, a
county or municipality may certify to DOR any debt owed to the county or
municipality for a similar collection if the debt has been reduced to a judgment or if
the county or municipality has provided the debtor reasonable notice and an
opportunity to be heard with regard to the debt.
Under this bill, a state agency may certify to DOR any debt owed to the agency
so that DOR may collect the debt from any tax refund owed to the debtor if the debt
has been reduced to a judgment or if the state agency has provided the debtor
reasonable notice and an opportunity to be heard with regard to the debt.
Under current law, the state imposes a rental vehicle fee of 3 percent of the gross
receipts from the rental of automobiles, mobile homes, motor homes, and camping
trailers if such vehicles are rented or leased without drivers. This bill increases this
rental vehicle fee to 5 percent.
Under current law, a county retains 20 percent of all real estate transfer fees
collected by the county and submits the balance to the state. Under this bill, the real
estate transfer fees retained by the county that are collected in conjunction with the
transfer of real estate in a first class city are transmitted to the first class city.
This bill imposes the sales tax and the use tax on audiovisual works, finished
artwork, literary works, and audio works that are delivered electronically to a
purchaser.
This bill increases the administrative fees that DOR imposes for the
enforcement of intoxicating liquor taxes from three cents per gallon on each gallon
of intoxicating liquor subject to taxation to 11 cents per gallon on each gallon of
intoxicating liquor subject to taxation.
This bill increases the total amount of the school levy property tax credits in
2007 by $150,000,000, from $469,305,000 to $619,305,000.
transportation
Highways
Under current law, DOT, under specified circumstances, may contract up to
$565,480,400 in public debt for the purpose of funding major highway projects,
southeast Wisconsin freeway rehabilitation projects, and state highway
rehabilitation projects. Prior to July 1, 2005, debt service on this debt is paid from
the transportation fund. Beginning on July 1, 2005, debt service on this debt is paid
from the general fund.
This bill increases by $250,000,000 this authorized general obligation bonding
limit from $565,480,400 to $815,480,400. The bill also creates new general
obligation bonding authority for DOT, allowing DOT to contract up to an additional
$213,100,000 in public debt for the purpose of funding southeast Wisconsin freeway
rehabilitation projects. Debt service on this debt is paid from the transportation
fund.
Under current law, the Building Commission may issue revenue bonds for
major highway projects and transportation administrative facilities in a principal
amount that may not exceed $2,095,583,900. This bill increases the revenue bond
limit to $2,516,117,900.
Drivers and motor vehicles
Under current law, any person who obtains a vehicle must obtain a certificate
of title. If a person obtains a vehicle from a motor vehicle dealer, the dealer must
prepare the application for certificate of title, collect the application fees, and submit
the application to DOT within seven business days of the sale.
Under this bill, all motor vehicle dealers must process applications for
certificate of title electronically. A dealer who fails to do so may have its license
revoked or suspended by DOT. In addition, this bill increases the fee for a new
certificate of title or a certificate of title after transfer from $18.50 to $28.50 and
increases the fee for a replacement certificate of title from $8 to $20.
Under current law, a person pays a $55 annual fee to DOT to register his or her
automobile. The fee for a motor truck or dual purpose motor home varies depending
on the vehicle's weight. This bill increases the annual fee for registering an
automobile from $55 to $65 and increases the annual fees for registering a motor
truck or dual purpose motor home.
Under current law, DOT must revoke a person's motor vehicle operating
privilege for five years if the person is a habitual traffic offender. A person is a
habitual traffic offender if the person, within a five-year period, has accumulated at
least four convictions of specified offenses of a more serious nature or at least 12
convictions of moving violations of traffic regulations or of specified crimes related
to the operation of a motor vehicle.
Under this bill, a habitual traffic offender is a person who, within a five-year
period, has accumulated at least four convictions of specified offenses of a more
serious nature or at least 12 convictions of violations of those laws, punishable by
either civil or criminal penalty, that relate to rules of the road.
This bill allows DOT to certify driver records electronically as public records
qualifying for self-authentication in court if the electronic certification is made in a
manner determined by DOT to satisfactorily support a finding that the document is
what it purports to be. Accordingly, driver records may be self-authenticating by
certification generated by a DOT computer system rather than a DOT employee.
Current law requires DOT to establish new designs for most vehicle
registration plates every seven years and to issue the new plates on a rolling basis
as vehicle registrations are renewed by the vehicle owners. This bill eliminates the
requirement that DOT establish new designs for registration plates.
Under current law, a person may purchase a specialized registration plate for
his or her motor vehicle by paying an additional fee. This bill creates a specialized
registration plate for persons who are interested in supporting veterans. The bill
requires DOT to deposit all of the additional fees collected for specialized registration
plates that are related to veterans or the armed forces into the veterans trust fund.
The bill specifies that the additional fee assessed for these specialized plates may be
claimed as a tax-deductible charitable contribution.
Under current law, a registrant is required to pay an environmental impact fee
of $9 upon registering a new motor vehicle with DOT or upon applying for a new
certificate of title following a transfer of a vehicle. The environmental impact fees
are earmarked for environmental management activities. The fee expires on
December 31, 2005. This bill eliminates the expiration date.
Current law prohibits a person from operating a motor vehicle on the highway
during any period in which the person's motor vehicle operating privilege is revoked.
A person convicted of violating this prohibition on or after May 1, 2002, is subject to
a criminal penalty and must be fined not more than $2,500 or imprisoned for not
more than one year or both.
This bill decriminalizes the first offense of operating a vehicle while revoked
and requires a person to forfeit not more than $600 if the underlying operating
privilege revocation did not result from specified alcohol or controlled
substance-related traffic violations.
Transportation aids
Under current law, DOT makes a general transportation aid payment to a
county based on a share-of-costs formula, and to a village, city, or town
(municipality) based on the greater of a share-of-costs formula or an aid rate per
mile, which is $1,825. This bill increases the aid rate per mile to $1,862 for 2006 and
$1,899 thereafter.
The bill also increases the maximum amount of general transportation aids
that may be paid to counties from $90,044,600 in any year to $91,845,500 in 2006 and
$93,682,400 thereafter. The bill also increases the maximum amount of aid that may
be paid to municipalities from $283,291,100 in any year to $286,124,000 in 2006 and
$297,736,000 thereafter.
Under current law, DOT provides state aid, for each of four classes of mass
transit systems, to local public bodies in urban areas served by mass transit systems
to assist with their costs. This bill increases in 2006 and 2007 the total amount of
state aid to each class of mass transit system.
Other transportation
This bill transfers from the transportation fund to the general fund
$250,000,000 in fiscal year 2005-06 and $18,058,100 in fiscal year 2006-07.
Under current law, DOT collects a supplemental vehicle title fee and the
Department of Commerce collects a supplemental manufactured home title fee.
These fees are deposited into the transportation fund. By October 1 of each year,
DOT must certify to DOA the amount of these fees collected during the previous fiscal
year and that amount, minus $555,000, is transferred from the general fund to the
environmental fund.
Under this bill, this transfer mechanism is eliminated and these fees are
deposited directly into the environmental fund for nonpoint source water pollution
abatement.
This bill allows DOT, through its Rail Passenger Route Development Program,
to fund capital costs related to Amtrak service extension routes or other rail service
routes between Chicago and Milwaukee and between Madison and La Crosse.
This bill provides transportation fund moneys for the federal Soo Locks project.
The bill also increases the authorized general obligation bonding limit for the
acquisition and improvement of rail property from $32,500,000 to $39,000,000.
This bill increases the authorized general obligation bonding limit from
$28,000,000 to $39,400,000 to provide grants for harbor improvements.
Under current law, DOT may award grants to partially reimburse eligible
applicants for certain harbor improvements. This bill requires DOT to award a grant
of $6,000,000 to a city in northeastern Wisconsin that has a harbor facility for
constructing or improving boatlift facilities, and to award a grant of $2,100,000 for
a boat slip repair and reconstruction project in northeastern Wisconsin, if certain
conditions are met.
veterans and military affairs
Under current law, an eligible veteran may receive a home-improvement loan
of up to $25,000 from the Veterans Housing Loan Program. This bill removes the
limit on the amount of the loan.
The bill also provides that a person who completes six continuous years under
honorable conditions in the national guard or a reserve component of the U.S. armed
forces is eligible to receive a housing loan.
Currently, a veteran may receive a housing loan to pay for balances due on a
construction or bridge loan or for the payment of a loan if the loan's balance does not
exceed the amount requested in the veteran's prior loan application and the debt was
incurred after the veteran made an application for a loan that was denied by DVA.
This bill allows the use of a housing loan to refinance the balance due on any
indebtedness as long as the previous loan was obtained for the same purposes as the
program.
Under current law, DVA may lend a veteran, a veteran's unremarried surviving
spouse, or a deceased veteran's child up to $25,000 for any use, but the loan must be
repaid within ten years. This bill authorizes DVA to adjust the maximum term of the
loan based upon financial market conditions, funds available, needs of the trust fund,
and other relevant factors.
Under the current part-time classroom study program, DVA reimburses
veterans for costs associated with correspondence courses and classroom study at
proprietary schools, schools approved for the training of veterans, and institutions
of higher education. Under the current tuition reimbursement program, DVA
reimburses tuition to veterans who are enrolled as undergraduates for at least 12
credits during a semester. To be eligible for the tuition reimbursement program, the
veteran must begin the course within ten years after leaving active service, and the
annual income of the veteran and the spouse may not exceed $50,000 plus $1,000 for
each dependent in excess of two dependents. Reimbursement is limited to 120
credits or eight full semesters at an institution of higher education or 60 credits or
four semesters if the institution provides a degree after the completion of 60 credits.
Under the part-time classroom study program, reimbursement is limited to
tuition paid for taking fewer than 12 credits if an undergraduate, or fewer than nine
credits if a graduate student, for attending a summer session or for taking a
correspondence class. The reimbursement amount and income eligibility are the
same as for the full-time tuition reimbursement program. A veteran with a master's
degree is not eligible for reimbursement.
