WI
Wisconsin Assembly Bill AB140

Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB140 Compare Versions

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33 2023 - 2024 LEGISLATURE
44 2023 ASSEMBLY BILL 140
55 March 31, 2023 - Introduced by Representatives ZIMMERMAN, MURPHY, PETRYK,
66 BEHNKE, BROOKS, DALLMAN, EDMING, GREEN, MAGNAFICI, MURSAU, OLDENBURG,
77 SUMMERFIELD, WICHGERS, WITTKE and ROZAR, cosponsored by Senators
88 STAFSHOLT, BALLWEG, COWLES, JAMES, L. JOHNSON, LARSON, MARKLEIN, PFAFF,
99 ROYS, SMITH and SPREITZER. Referred to Committee on Colleges and
1010 Universities.
1111 ***AUTHORS SUBJECT TO CHANGE***
1212 AN ACT to amend 20.235 (1) (e) (title), 20.285 (1) (gb), 39.42, 39.47 (title), 39.47
1313 (1), 39.47 (2), 45.20 (2) (a) 1., 45.20 (2) (c) 1., 45.20 (2) (d) 1. (intro.), 71.05 (6) (b)
1414 28. (intro.) and 321.40 (1) (c) 2.; and to create 36.27 (2r) of the statutes;
1515 relating to: the Minnesota-Wisconsin tuition reciprocity agreement and
1616 making an appropriation.
1717 Analysis by the Legislative Reference Bureau
1818 Under current law, the Higher Educational Aids Board administers and has
1919 authority to renegotiate the Minnesota-Wisconsin tuition reciprocity agreement.
2020 The agreement provides for the waiver of nonresident tuition for residents of either
2121 state who are enrolled in public vocational schools and for a reciprocal fee structure
2222 for residents of either state who are enrolled in public institutions of higher
2323 education located in the other state.
2424 This bill requires the University of Wisconsin System to enter into, administer,
2525 and renegotiate with Minnesota a tuition reciprocity agreement that provides for the
2626 waiver of nonresident tuition and for a reciprocal fee structure for residents of either
2727 state who are enrolled in public institutions of higher education located in the other
2828 state. The bill requires that all the tuition paid by Minnesota students attending UW
2929 institutions under the agreement, including tuition commonly referred to as
3030 differential reciprocity tuition, be credited to a UW System appropriation account
3131 from which UW System expenditures are authorized. The bill requires the Board of
3232 Regents to ensure that each institution is allocated the amounts received under the
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3939 ASSEMBLY BILL 140
4040 tuition reciprocity agreement in proportion to the total amount each institution
4141 charged its students with Minnesota residence in tuition and fees.
4242 This bill also requires HEAB to enter into, administer, and renegotiate with
4343 Minnesota a fee reciprocity agreement that provides for the waiver of nonresident
4444 fees for residents of either state who are enrolled in public vocational schools in the
4545 other state.
4646 For further information see the state fiscal estimate, which will be printed as
4747 an appendix to this bill.
4848 The people of the state of Wisconsin, represented in senate and assembly, do
4949 enact as follows:
5050 SECTION 1. 20.235 (1) (e) (title) of the statutes is amended to read:
5151 20.235 (1) (e) (title) Minnesota-Wisconsin public vocational school student
5252 reciprocity agreement.
5353 SECTION 2. 20.285 (1) (gb) of the statutes is amended to read:
5454 20.285 (1) (gb) General program operations. All moneys received from the
5555 operation of educational programs and related programs and as earnings from
5656 investments under s. 36.11 (11m) to carry out the purposes for which received,
5757 including the transfer of funds to par. (gj), and for payment of any reimbursement
5858 obligation under s. 36.27 (2r) (e). In each fiscal year, the Board of Regents shall
5959 transfer no more than $30,338,500 from this appropriation account to the medical
6060 assistance trust fund.
6161 SECTION 3. 36.27 (2r) of the statutes is created to read:
6262 36.27 (2r) MINNESOTA-UNIVERSITY OF WISCONSIN SYSTEM STUDENT RECIPROCITY
6363 AGREEMENT. (a) There is established, to be administered by the board, a
6464 Minnesota-University of Wisconsin System student reciprocity agreement, the
6565 purpose of which shall be to ensure that neither state shall profit at the expense of
6666 the other and that the determination of any amounts owed by either state under the
6767 agreement shall be based on an equitable formula that reflects the educational costs
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8888 SECTION 3
8989 ASSEMBLY BILL 140
9090 incurred by the 2 states, reflects any differentials in usage by residents of either state
9191 of the public institutions of higher education located in the other state, and reflects
9292 any differentials in the resident tuition charged at comparable public institutions of
9393 higher education of the 2 states. The board, representing this state, shall enter into
9494 an agreement meeting the requirements of this subsection with the designated body
9595 representing the state of Minnesota.
9696 (b) The agreement under this subsection shall provide for the waiver of
9797 nonresident tuition for residents of either state who are enrolled in public
9898 institutions of higher education located in the other state. The agreement shall also
9999 establish a reciprocal fee structure for residents of either state who are enrolled in
100100 public institutions of higher education located in the other state. The reciprocal fee
101101 may not exceed the higher of the resident tuition that would be charged the student
102102 at the public institution of higher education in which the student is enrolled or the
103103 resident tuition that would be charged the student at comparable public institutions
104104 of higher education located in the student's state of residence, as specified in the
105105 annual administrative memorandum under par. (c). The agreement is subject to the
106106 approval of the joint committee on finance.
107107 (c) Prior to each academic year, the board and the designated body representing
108108 the state of Minnesota shall prepare an administrative memorandum that
109109 establishes policies and procedures for implementation of the agreement for the
110110 upcoming academic year, including a description of how the reciprocal fee structure
111111 shall be determined for purposes of par. (b), and the board shall submit the
112112 administrative memorandum to the joint committee on finance. If the
113113 cochairpersons of the committee do not notify the board that the committee has
114114 scheduled a meeting for the purpose of reviewing the administrative memorandum
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141141 SECTION 3 ASSEMBLY BILL 140
142142 within 14 working days after the date of the submittal, the administrative
143143 memorandum may be implemented as proposed by the board. If, within 14 working
144144 days after the date of the submittal, the cochairpersons of the committee notify the
145145 board that the committee has scheduled a meeting for the purpose of reviewing the
146146 administrative memorandum, the administrative memorandum may be
147147 implemented only upon approval of the committee.
148148 (d) No resident of this state whose name appears on the statewide support lien
149149 docket under s. 49.854 (2) (b) may receive a waiver of nonresident tuition under this
150150 subsection unless the resident provides to the board a payment agreement that has
151151 been approved by the county child support agency under s. 59.53 (5) and that is
152152 consistent with rules promulgated under s. 49.858 (2) (a).
153153 (e) At the end of each semester or academic term, the board and the designated
154154 body representing the state of Minnesota shall determine the number of students for
155155 whom nonresident tuition has been waived under the agreement. The board and the
156156 designated body representing the state of Minnesota shall certify to each other, in
157157 addition to the number of students so determined, the aggregate amount of its
158158 reimbursement obligation. The entity with the larger reimbursement obligation
159159 shall pay as provided in the agreement an amount determined by subtracting the
160160 reimbursement obligation of the entity with the smaller reimbursement obligation
161161 from the reimbursement obligation of the entity with the larger reimbursement
162162 obligation. The agreement shall provide a reasonable date for payment of any such
163163 sums due and owing, after which date interest may be charged on the amount owed.
164164 The methodology for determination of the appropriate interest rate shall be included
165165 in the agreement. All tuition and fees received by this state under this subsection
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192192 SECTION 3
193193 ASSEMBLY BILL 140
194194 and any net obligations received under this paragraph shall be credited to the
195195 appropriation account under s. 20.285 (1) (gb).
196196 (f) In allocating funding for each institution under s. 36.09 (1) (h), the board
197197 shall ensure that each institution is allocated the amounts received pursuant to par.
198198 (e) in proportion to the total amount each institution charged its students with
199199 Minnesota residence in tuition and fees under the agreement under this subsection.
200200 SECTION 4. 39.42 of the statutes is amended to read:
201201 39.42 Interstate agreements. The board, with the approval of the joint
202202 committee on finance, or the governing boards of any publicly supported institution
203203 of post-high school education, with the approval of the board and the joint committee
204204 on finance, may enter into agreements or understandings which include remission
205205 of nonresident tuition for designated categories of students at state institutions of
206206 higher education with appropriate state agencies and institutions of higher
207207 education in other states to facilitate use of public higher education institutions of
208208 this state and other states. Such agreements and understandings shall have as their
209209 purpose the mutual improvement of educational advantages for residents of this
210210 state and such other states or institutions of other states with which agreements are
211211 made. This section does not apply to the agreement under s. 36.27 (2r).
212212 SECTION 5. 39.47 (title) of the statutes is amended to read:
213213 39.47 (title) Minnesota-Wisconsin public vocational school student
214214 reciprocity agreement.
215215 SECTION 6. 39.47 (1) of the statutes is amended to read:
216216 39.47 (1) There is established, to be administered by the board, a
217217 Minnesota-Wisconsin public vocational school student reciprocity agreement, the
218218 purpose of which shall be to ensure that neither state shall profit at the expense of
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245245 SECTION 6 ASSEMBLY BILL 140
246246 the other and that the determination of any amounts owed by either state under the
247247 agreement shall be based on an equitable formula which reflects the educational
248248 costs incurred by the 2 states, reflects any differentials in usage by residents of either
249249 state of the public institutions of higher education located in the other state, and
250250 reflects any differentials in the resident tuition charged at comparable public
251251 institutions of higher education of the 2 states. The board, representing this state,
252252 shall enter into an agreement meeting the requirements of this section with the
253253 designated body representing the state of Minnesota.
254254 SECTION 7. 39.47 (2) of the statutes is amended to read:
255255 39.47 (2) The agreement under this section shall provide for the waiver of
256256 nonresident tuition fees for a resident of either state who is enrolled in a public
257257 vocational school located in the other state. The agreement shall also establish a
258258 reciprocal fee structure for residents of either state who are enrolled in public
259259 institutions of higher education, other than vocational schools, located in the other
260260 state. The reciprocal fee may not exceed the higher of the resident tuition fees that
261261 would be charged the student at the public institution of higher education vocational
262262 school in which the student is enrolled or the resident tuition fees that would be
263263 charged the student at a comparable public institutions of higher education
264264 vocational school located in his or her state of residence, as specified in the annual
265265 administrative memorandum under sub. (2g). The agreement shall take effect on
266266 July 1, 2007. The agreement is subject to the approval of the joint committee on
267267 finance under s. 39.42.
268268 SECTION 8. 45.20 (2) (a) 1. of the statutes is amended to read:
269269 45.20 (2) (a) 1. The department shall administer a tuition reimbursement
270270 program for eligible veterans enrolling as undergraduates in any institution of
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298298 SECTION 8
299299 ASSEMBLY BILL 140
300300 higher education in this state, enrolling in a school that is approved under s. 45.03
301301 (11), enrolling in a proprietary school that is approved under s. 440.52, enrolling in
302302 a public or private high school, enrolling in a tribal school, as defined in s. 115.001
303303 (15m), in any grade from 9 to 12, or receiving a waiver of nonresident tuition under
304304 s. 36.27 (2r) or 39.47.
305305 SECTION 9. 45.20 (2) (c) 1. of the statutes is amended to read:
306306 45.20 (2) (c) 1. A veteran who meets the eligibility requirements under par. (b)
307307 1. may be reimbursed upon satisfactory completion of an undergraduate semester in
308308 any institution of higher education in this state, or upon satisfactory completion of
309309 a course at any school that is approved under s. 45.03 (11), any proprietary school
310310 that is approved under s. 440.52, any public or private high school, any tribal school,
311311 as defined in s. 115.001 (15m), that operates any grade from 9 to 12, or any institution
312312 from which the veteran receives a waiver of nonresident tuition under s. 36.27 (2r)
313313 or 39.47. Except as provided in par. (e), the amount of reimbursement may not exceed
314314 the total cost of the veteran's tuition minus any grants or scholarships that the
315315 veteran receives specifically for the payment of the tuition, or, if the tuition is for an
316316 undergraduate semester in any institution of higher education, the standard cost of
317317 tuition for a state resident for an equivalent undergraduate semester at the
318318 University of Wisconsin-Madison, whichever is less.
319319 SECTION 10. 45.20 (2) (d) 1. (intro.) of the statutes is amended to read:
320320 45.20 (2) (d) 1. (intro.) Subject to subd. 1m., a veteran's eligibility for
321321 reimbursement under this subsection at any institution of higher education in this
322322 state, at a school that is approved under s. 45.03 (11), at a proprietary school that is
323323 approved under s. 440.52, at a public or private high school, at a tribal school, as
324324 defined in s. 115.001 (15m), that operates any grade from 9 to 12, or at an institution
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351351 SECTION 10 ASSEMBLY BILL 140
352352 where he or she is receiving a waiver of nonresident tuition under s. 36.27 (2r) or
353353 39.47 is limited to the following:
354354 SECTION 11. 71.05 (6) (b) 28. (intro.) of the statutes is amended to read:
355355 71.05 (6) (b) 28. (intro.) An amount paid by a claimant for tuition expenses and
356356 mandatory student fees for a student who is the claimant or who is the claimant's
357357 child and the claimant's dependent, as defined under section 152 of the Internal
358358 Revenue Code, to attend any university, college, technical college or a school
359359 approved under s. 440.52, that is located in Wisconsin or to attend a public vocational
360360 school or public institution of higher education in Minnesota under the
361361 Minnesota-Wisconsin a reciprocity agreement under s. 36.27 (2r) or 39.47,
362362 calculated as follows:
363363 SECTION 12. 321.40 (1) (c) 2. of the statutes is amended to read:
364364 321.40 (1) (c) 2. A public institution of higher education under the
365365 Minnesota-Wisconsin Minnesota-University of W isconsin System student
366366 reciprocity agreement under s. 36.27 (2r) or a public vocational school under the
367367 Minnesota-Wisconsin public vocational school reciprocity agreement under s. 39.47.
368368 SECTION 13.0Nonstatutory provisions.
369369 (1) MINNESOTA-WISCONSIN TUITION RECIPROCITY AGREEMENT. The higher
370370 educational aids board shall provide to the designated body representing the state
371371 of Minnesota notice of the termination of the agreement under s. 39.47, 2021 stats.,
372372 with the agreement's termination to become effective on July 1, 2023. The higher
373373 educational aids board and the Board of Regents of the University of Wisconsin
374374 System shall negotiate new agreements to replace the agreement under s. 39.47,
375375 2021 stats., with these new agreements to become effective on July 1, 2023.
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402402 SECTION 14
403403 ASSEMBLY BILL 140
404404 SECTION 14.0Effective dates. This act takes effect on the day after publication,
405405 except as follows:
406406 (1) MINNESOTA-WISCONSIN TUITION RECIPROCITY AGREEMENTS. The treatment of
407407 ss. 20.235 (1) (e), 20.285 (1) (gb), 36.27 (2r), 39.42, 39.47 (title), (1), and (2), 45.20 (2)
408408 (a) 1., (c) 1., and (d) 1. (intro.), 71.05 (6) (b) 28. (intro.), and 321.40 (1) (c) 2. takes effect
409409 on July 1, 2023.
410410 (END)
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