Analysis by the Legislative Reference Bureau
This bill modifies the residency requirement for the tuition and fee remission program for certain veterans and their spouses and children enrolled in University of Wisconsin System schools and technical colleges.
Under current law, if certain criteria are met, veterans and their spouses and 17- to 25-year-old children are eligible for full remission of tuition and fees at UW System schools and technical colleges for up to eight semesters or 128 credits, whichever is longer. Under the veterans fee remission program, the veteran must be a resident of this state when he or she entered military service or be a resident of this state for at least five consecutive years immediately before the veteran registers at a UW System school or technical college. Under the fee remission program for the spouse or child of a veteran who suffered service-connected death or disability, the veteran must have been a resident of this state when he or she entered military service or one of the following must apply: 1) if the veteran, while a resident of this state, died on active duty, died as the result of a service-connected disability, or died in the line of duty while on active or inactive duty for training purposes, the veteran must have resided in this state for at least five consecutive years while an adult, or 2) if the veteran received at least a 30 percent service-connected disability rating, the veteran must have resided in this state for at least five consecutive years immediately before the veteran’s spouse or child registers at a UW System school or technical college. In addition, if a veteran was not a resident of this state when he or she entered military service, the veteran’s spouse or child is eligible for tuition and fee remission only if the spouse or child has resided in this state for at least five consecutive years immediately before the spouse’s or child’s enrollment in a UW System school or technical college.
This bill eliminates the five-year durational residency requirement for veterans and their spouses and children under the tuition and fee remission program under circumstances in which the veteran was not a resident of this state when he or she entered military service. Under the bill, if the veteran was not a resident of this state when he or she entered military service, the veteran is still eligible for the tuition and fee remission program if the veteran is a resident of this state immediately before the veteran registers at a UW System school or technical college. Also under the bill, if the veteran was not a resident of this state when he or she entered military service, the veteran’s spouse and children are still eligible for the tuition and fee remission program if the spouse or child resided in this state immediately before the spouse or child registers at a UW System school or technical college and if the veteran, as described in 1), above, resided in this state at any time while an adult or the veteran, as described in 2), above, resided in this state immediately before the veteran’s spouse or child registers at a UW System school or technical college. If the applicable requirements for fee remission are met, the veteran or the veteran’s spouse or child is eligible for fee remission regardless of whether the veteran or veteran’s spouse or child would otherwise qualify as a resident student for tuition or fee purposes.
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:
AB47,1
1Section 1. 36.27 (3n) (a) 1m. a. of the statutes is amended to read: AB47,3,7236.27 (3n) (a) 1m. a. A person who has served on active duty under honorable
1conditions in the U.S. armed forces, in forces incorporated as part of the U.S. armed 2forces, in the national guard, or in a reserve component of the U.S. armed forces; 3who was a resident of this state at the time of entry into that service or resided in 4this state for at least 5 consecutive years after the person attained the age of 18; and 5who, while a resident of this state, died on active duty, died as the result of a 6service-connected disability, or died in the line of duty while on active or inactive 7duty for training purposes. AB47,28Section 2. 36.27 (3n) (a) 1m. b. of the statutes is amended to read: AB47,3,14936.27 (3n) (a) 1m. b. A person who was a resident of this state at the time of 10entry into service described in subd. 1m. a. or resided in this state for at least 5 11consecutive years immediately preceding the beginning of any semester or session 12for which the person’s spouse or child described in par. (b) 1., 2., or 3. registers at an 13institution, and who the U.S. department of veteran affairs has awarded at least a 1430 percent service-connected disability rating under 38 USC 1114 or 1134. AB47,315Section 3. 36.27 (3n) (a) 1r. of the statutes is created to read: AB47,3,171636.27 (3n) (a) 1r. “Nonresident tuition” has the meaning given in sub. (3p) (a) 171m. AB47,418Section 4. 36.27 (3n) (b) (intro.) of the statutes is amended to read: AB47,4,31936.27 (3n) (b) (intro.) Except as provided in pars. (bd) and (bg), the board shall 20grant full remission of nonresident tuition, academic fees, and segregated fees for 21128 credits or 8 semesters, whichever is longer, less the number of credits or 22semesters for which the person received remission of fees under s. 38.24 (7) or 23tuition offsets under grants under s. 39.49 (2) (a) 1. and less the amount of any
1nonresident tuition, academic fees, or segregated fees paid under 38 USC 3319, to 2any resident student who maintains a cumulative grade point average of at least 2.0 3and is also any of the following: AB47,54Section 5. 36.27 (3n) (bd) of the statutes is amended to read: AB47,4,10536.27 (3n) (bd) If an eligible veteran was not a resident of this state at the 6time of entry into service described in par. (a) 1m. a., the board may grant a 7remission of nonresident tuition, academic fees, and segregated fees under this 8subsection only if the eligible veteran’s spouse or child described in par. (b) 1., 2., or 93. has resided in this state for at least 5 consecutive years immediately preceding 10the spouse’s or child’s enrollment in an institution. AB47,611Section 6. 36.27 (3n) (bg) of the statutes is amended to read: AB47,5,41236.27 (3n) (bg) Before the Board of Regents may grant a remission of 13nonresident tuition, academic fees, and segregated fees under par. (b), the Board of 14Regents shall require the resident student to apply to the payment of those fees all 15educational assistance to which the resident student is entitled under 38 USC 3319. 16If that educational assistance covers 100 percent of those fees for a credit or 17semester, that credit or semester shall not count against the 128 credit or 8 18semester limit provided in par. (b). If that educational assistance covers less than 19100 percent of those fees for a credit or semester and the remission under par. (b) 20covers the remainder of those fees, the credit or semester shall count against that 21limit in the proportion that the remission bears to the total nonresident tuition, 22academic fees, and segregated fees charged for that credit or semester. This 23requirement applies notwithstanding the fact that the resident student may be
1entitled to educational assistance under 10 USC 16132a, 10 USC 16163a, or 38 2USC 3500 to 3566 as well as under 38 USC 3319, unless the resident student has 12 3months or less of eligibility remaining for educational assistance under 10 USC 416132a, 10 USC 16163a, or 38 USC 3500 to 3566. AB47,75Section 7. 36.27 (3n) (bm) of the statutes is amended to read: AB47,5,18636.27 (3n) (bm) 1. For a resident student who is entitled to educational 7assistance under 10 USC 16132a, 10 USC 16163a, or 38 USC 3500 to 3566 and 8under 38 USC 3319, if the amount of educational assistance, not including 9educational assistance for tuition, to which the resident student is entitled under 10 10USC 16132a, 10 USC 16163a, or 38 USC 3500 to 3566 is greater than the amount of 11educational assistance, not including educational assistance for tuition, that the 12resident student received under 38 USC 3319, as determined by the higher 13educational aids board, in the academic year the higher educational aids board 14shall reimburse the resident student for the difference in those amounts of 15educational assistance, as calculated by the higher educational aids board, from the 16appropriation account under s. 20.235 (1) (fz). The higher educational aids board 17shall make that determination and calculation in consultation with the Board of 18Regents. AB47,5,23192. If in any fiscal year there are insufficient moneys available in the 20appropriation account under s. 20.235 (1) (fz) to provide full reimbursement under 21subd. 1. to all resident students who are eligible for that reimbursement, the higher 22educational aids board and the Board of Regents shall reimburse those resident 23students as provided in s. 39.50 (4). AB47,8
1Section 8. 36.27 (3n) (c) of the statutes is amended to read: AB47,6,4236.27 (3n) (c) The higher educational aids board shall reimburse the board of 3regents for all nonresident tuition, academic fees, and segregated fees remitted 4under par. (b) as provided in s. 39.50 (1) and (3m). AB47,95Section 9. 36.27 (3p) (a) 1r. (intro.) of the statutes is amended to read: AB47,6,12636.27 (3p) (a) 1r. (intro.) “Veteran” means a person who is verified by the 7department of veterans affairs as being a resident of this state for purposes of 8receiving benefits under ch. 45; as being a resident of this state at the time of his or 9her entry into the U.S. armed forces or forces incorporated in the U.S. armed forces 10or as being a resident of this state for at least 5 consecutive years immediately 11preceding the beginning of any semester or session for which the person registers at 12an institution; and as meeting any of the following conditions: AB47,1013Section 10. 38.24 (7) (a) 1m. a. of the statutes is amended to read: AB47,6,211438.24 (7) (a) 1m. a. A person who has served on active duty under honorable 15conditions in the U.S. armed forces, in forces incorporated as part of the U.S. armed 16forces, in the national guard, or in a reserve component of the U.S. armed forces; 17who was a resident of this state at the time of entry into that service or resided in 18this state for at least 5 consecutive years after the person attained the age of 18; and 19who, while a resident of this state, died on active duty, died as the result of a 20service-connected disability, or died in the line of duty while on active or inactive 21duty for training purposes. AB47,1122Section 11. 38.24 (7) (a) 1m. b. of the statutes is amended to read: AB47,7,52338.24 (7) (a) 1m. b. A person who was a resident of this state at the time of
1entry into service described in subd. 1m. a. or resided in this state for at least 5 2consecutive years immediately preceding the beginning of any semester or session 3for which the person’s spouse or child described in par. (b) 1., 2., or 3. registers at a 4technical college, and who the U.S. department of veteran affairs has awarded at 5least a 30 percent service-connected disability rating under 38 USC 1114 or 1134. AB47,126Section 12. 38.24 (7) (a) 1p. of the statutes is amended to read: AB47,7,14738.24 (7) (a) 1p. “Fees” means the amount charged to a resident student 8under sub. (1m) (a) to (c) to enroll in a course leading to an associate degree, 9collegiate transfer, or vocational diploma. In the case of a distance education, 10online, or other course for which the amount charged to enroll in the course equals 11at least 100 percent of the cost of offering the course, “fees” includes the regular fees 12charged to a resident student under sub. (1m) (a) to (c) to enroll in the course and 13any additional fees charged to that student under sub. (1m) (a) to (c) to enroll in that 14course. AB47,1315Section 13. 38.24 (7) (b) (intro.) of the statutes is amended to read: AB47,7,231638.24 (7) (b) (intro.) Except as provided in pars. (bd) and (bg), the district 17board shall grant full remission of fees for 128 credits or 8 semesters, whichever is 18longer, less the number of credits or semesters for which the person received 19remission of fees from any other district board under this subsection and from the 20Board of Regents under s. 36.27 (3n) (b) and for which the person received tuition 21offsets under grants under s. 39.49 (2) (a) 1. and less the amount of any fees paid 22under 38 USC 3319, to any resident student who maintains a cumulative grade 23point average of at least 2.0 and is also any of the following: AB47,14
1Section 14. 38.24 (7) (bd) of the statutes is amended to read: AB47,8,7238.24 (7) (bd) If an eligible veteran was not a resident of this state at the time 3of entry into service described in par. (a) 1m. a., the district board may grant a 4remission of academic fees and segregated fees under this subsection only if the 5eligible veteran’s spouse or child described in par. (b) 1., 2., or 3. has resided in this 6state for at least 5 consecutive years immediately preceding the spouse’s or child’s 7enrollment in a technical college. AB47,158Section 15. 38.24 (7) (bg) of the statutes is amended to read: AB47,8,23938.24 (7) (bg) Before the district board may grant a remission of fees under 10par. (b), the district board shall require the resident student to apply to the 11payment of those fees all educational assistance to which the resident student is 12entitled under 38 USC 3319. If that educational assistance covers 100 percent of 13those fees for a credit or semester, that credit or semester shall not count against 14the 128 credit or 8 semester limit provided in par. (b). If that educational assistance 15covers less than 100 percent of those fees for a credit or semester and the remission 16under par. (b) covers the remainder of those fees, the credit or semester shall count 17against that limit in the proportion that the remission bears to the total fees 18charged for that credit or semester. This requirement applies notwithstanding the 19fact that the resident student may be entitled to educational assistance under 10 20USC 16132a, 10 USC 16163a, or 38 USC 3500 to 3566 as well as under 38 USC 213319, unless the resident student has 12 months or less of eligibility remaining for 22educational assistance under 10 USC 16132a, 10 USC 16163a, or 38 USC 3500 to 233566. AB47,16
1Section 16. 38.24 (7) (bm) of the statutes is amended to read: AB47,9,14238.24 (7) (bm) 1. For a resident student who is entitled to educational 3assistance under 10 USC 16132a, 10 USC 16163a, or 38 USC 3500 to 3566 and 4under 38 USC 3319, if the amount of educational assistance, other than educational 5assistance for tuition, to which the resident student is entitled under 10 USC 616132a, 10 USC 16163a, or 38 USC 3500 to 3566 is greater than the amount of 7educational assistance, other than educational assistance for tuition, that the 8resident student received under 38 USC 3319, as determined by the higher 9educational aids board, in the academic year the higher educational aids board 10shall reimburse the resident student for the difference in those amounts of 11educational assistance, as calculated by the higher educational aids board, from the 12appropriation account under s. 20.235 (1) (fz). The higher educational aids board 13shall make that determination and calculation in consultation with the board and 14district board. AB47,9,19152. If in any fiscal year there are insufficient moneys available in the 16appropriation account under s. 20.235 (1) (fz) to provide full reimbursement under 17subd. 1. to all resident students who are eligible for that reimbursement, the higher 18educational aids board and the district board shall reimburse those resident 19students as provided in s. 39.50 (4). AB47,1720Section 17. 38.24 (8) (a) 1r. (intro.) of the statutes is amended to read: AB47,9,232138.24 (8) (a) 1r. (intro.) “Veteran” means a person who is verified by the 22department of veterans affairs as being a resident of this state for purposes of 23receiving benefits under ch. 45; as being a resident of this state at the time of his or
1her entry into the U.S. armed forces or forces incorporated in the U.S. armed forces 2or as being a resident of this state for at least 5 consecutive years immediately 3preceding the beginning of any semester or session for which the person registers at 4a technical college; and as meeting any of the following conditions: AB47,185Section 18. Initial applicability. AB47,10,76(1) This act first applies to the first semester or session beginning after the 7effective date of this subsection.
