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ARG:cdc&emw
2021 - 2022 LEGISLATURE
October 8, 2021 - Introduced by Senators Kooyenga, Darling, Cowles, Marklein,
Wirch and Ballweg, cosponsored by Representatives Edming, Petersen,
Doyle, Tauchen, Spiros, Sinicki, L. Myers, Mursau, Milroy, Knodl,
Kuglitsch, Wichgers, Moses, Subeck, Tusler, Ohnstad, Murphy and Allen.
Referred to Committee on Universities and Technical Colleges.
SB605,1,4 1An Act to renumber and amend 36.27 (2) (e) and 38.22 (4); and to create 36.27
2(2) (e) 3. and 38.22 (4) (b) of the statutes; relating to: resident tuition at
3University of Wisconsin System institutions and technical colleges as applied
4to relocated service members and their children and spouses.
Analysis by the Legislative Reference Bureau
This bill establishes guidance for determining state residency of relocated
active duty service members and their spouses and dependents for purposes of
resident tuition eligibility at University of Wisconsin System institutions and
technical colleges.
Under current law, UW System institutions must charge a student nonresident
tuition unless the student has been a bona fide resident of this state for at least 12
months prior to registering at the UW institution or the student otherwise qualifies
under another exemption to nonresident tuition. In determining bona fide residence,
the intent of a person to establish and maintain a permanent home in Wisconsin is
determinative, and this intent may be represented by such factors as tax return
filings, voter or vehicle registration, employment, and physical presence. However,
a student who enters and remains in Wisconsin principally to obtain an education
is presumed to continue to reside outside Wisconsin. Under one nonresident tuition
exemption, a student is eligible for resident tuition if the student is a member of the
armed forces who resides in this state and is stationed at a federal military
installation located within 90 miles of the borders of this state or the student is the
child or spouse of such a service member.

Also under current law, the Technical College System Board must establish
procedures to determine the residence of students attending technical colleges for
purposes of fees and admission, although certain persons are by statute considered
Wisconsin residents for these purposes.
Under the bill, for purposes of determining Wisconsin residency at UW System
institutions and technical colleges, an active duty member of the armed forces who
has been relocated from Wisconsin and stationed on active duty in another state
(relocated service member), and the service member's spouse and dependents, are
considered residents of this state during this period of relocation if they demonstrate,
under the factors described above, that they are bona fide residents during this
relocation period. In addition, if such a demonstration is made, the relocated service
member's dependents continue to be considered residents of this state after the
relocation period has ended.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB605,1 1Section 1. 36.27 (2) (e) of the statutes is renumbered 36.27 (2) (e) (intro.) and
2amended to read:
SB605,2,53 36.27 (2) (e) (intro.) In determining bona fide residence at the time of the
4beginning of any semester or session and for the preceding 12 months the, all of the
5following apply:
SB605,3,2 61. The intent of the person to establish and maintain a permanent home in
7Wisconsin is determinative. In addition to representations by the student, intent
8may be demonstrated or disproved by factors including, but not limited to, timely
9filing of a Wisconsin income tax return of a type that only full-year Wisconsin
10residents may file, voter registration in Wisconsin, motor vehicle registration in
11Wisconsin, possession of a Wisconsin operator's license, place of employment,
12self-support, involvement in community activities in Wisconsin, physical presence
13in Wisconsin for at least 12 months preceding the beginning of the semester or

1session for which the student registers, and, if the student is not a U.S. citizen,
2possession of a visa that permits indefinite residence in the United States.
SB605,3,6 32. Notwithstanding subd. 1. and par. (a), a student who enters and remains in
4this state principally to obtain an education is presumed to continue to reside outside
5this state and such presumption continues in effect until rebutted by clear and
6convincing evidence of bona fide residence.
SB605,2 7Section 2. 36.27 (2) (e) 3. of the statutes is created to read:
SB605,3,108 36.27 (2) (e) 3. a. In this subdivision, “relocated service member” means an
9active duty member of the U.S. armed forces who has been relocated from Wisconsin
10and stationed on active duty in another state.
SB605,3,1511 b. A relocated service member and the service member's spouse and
12dependents are considered residents of this state for purposes of this subsection
13during the period in which the service member is relocated on active duty if they
14demonstrate, under the factors described in subd. 1., that they are bona fide
15residents during this period.
SB605,3,1716 c. Except as provided in subd. 3. d., subd. 3. b. does not apply after the relocated
17service member's period of relocation on active duty in another state has ended.
SB605,3,2118 d. A relocated service member's dependent who is considered a resident of this
19state under subd. 3. b. continues to be considered a resident of this state after the
20relocated service member's period of relocation on active duty in another state has
21ended.
SB605,3 22Section 3. 38.22 (4) of the statutes is renumbered 38.22 (4) (a) and amended
23to read:
SB605,4,224 38.22 (4) (a) The Subject to par. (b), the board shall establish procedures to
25determine the residence of students attending district schools. In the case of any

1disagreement as to the residence of any student, the board shall make the final
2determination.
SB605,4 3Section 4. 38.22 (4) (b) of the statutes is created to read:
SB605,4,64 38.22 (4) (b) 1. In this paragraph, “relocated service member” means an active
5duty member of the U.S. armed forces who has been relocated from Wisconsin and
6stationed on active duty in another state.
SB605,4,117 2. For purposes of sub. (6) and the procedures established under par. (a), a
8relocated service member and the service member's spouse and dependents are
9considered residents of this state during the period in which the service member is
10relocated on active duty if they demonstrate, under the procedures established under
11par. (a), that they are bona fide residents during this period.
SB605,4,1312 3. Except as provided in subd. 4., subd. 2. does not apply after the relocated
13service member's period of relocation on active duty in another state has ended.
SB605,4,1714 4. A relocated service member's dependent who is considered a resident of this
15state under subd. 2. continues to be considered a resident of this state after the
16relocated service member's period of relocation on active duty in another state has
17ended.
SB605,5 18Section 5. Initial applicability.
SB605,4,2019 (1) This act first applies to the first semester or session beginning after the
20effective date of this subsection.
SB605,4,2121 (End)
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