Date of enactment: March 6, 2024
2023 Senate Bill 161 Date of publication*: March 7, 2024
2023 WISCONSIN ACT 104
AN ACT to amend 39.42, 39.47 (title), 39.47 (1), 39.47 (2), 45.20 (2) (a) 1., 45.20 (2) (c) 1., 45.20 (2) (d) 1. (intro.),
71.05 (6) (b) 28. (intro.) and 321.40 (1) (c) 2.; and to create 36.27 (2r) of the statutes; relating to: the Minnesota−Wis-
consin tuition reciprocity agreement.
The people of the state of Wisconsin, represented in
senate and assembly, do enact as follows:
SECTION 3. 36.27 (2r) of the statutes is created to
read:
36.27 (2r) MINNESOTA−UNIVERSITY OF WISCONSIN
SYSTEM STUDENT RECIPROCITY AGREEMENT. (a) There is
established, to be administered by the board, a Minne-
sota−University of Wisconsin System student reciprocity
agreement, the purpose of which shall be to ensure that
neither state shall profit at the expense of the other and
that the determination of any amounts owed by either
state under the agreement shall be based on an equitable
formula that reflects the educational costs incurred by the
2 states, reflects any differentials in usage by residents of
either state of the public institutions of higher education
located in the other state, and reflects any differentials in
the resident tuition charged at comparable public institu-
tions of higher education of the 2 states. The board, rep-
resenting this state, shall enter into an agreement meeting
the requirements of this subsection with the designated
body representing the state of Minnesota.
(b) The agreement under this subsection shall pro-
vide for the waiver of nonresident tuition for residents of
either state who are enrolled in public institutions of
higher education located in the other state. The agree-
ment shall also establish a reciprocal fee structure for res-
idents of either state who are enrolled in public institu-
tions of higher education located in the other state. The
reciprocal fee may not exceed the higher of the resident
tuition that would be charged the student at the public
institution of higher education in which the student is
enrolled or the resident tuition that would be charged the
student at comparable public institutions of higher edu-
cation located in the student’s state of residence, as speci-
fied in the annual administrative memorandum under par.
(c). The agreement is subject to the approval of the joint
committee on finance.
(c) Prior to each academic year, the board and the des-
ignated body representing the state of Minnesota shall
prepare an administrative memorandum that establishes
policies and procedures for implementation of the agree-
ment for the upcoming academic year, including a
description of how the reciprocal fee structure shall be
determined for purposes of par. (b), and the board shall
submit the administrative memorandum to the joint com-
mittee on finance. If the cochairpersons of the committee
do not notify the board that the committee has scheduled
a meeting for the purpose of reviewing the administrative
memorandum within 14 working days after the date of
the submittal, the administrative memorandum may be
implemented as proposed by the board. If, within 14
working days after the date of the submittal, the cochair-
* Section 991.11, WISCONSIN STATUTES: Effective date of acts. “Every act and every portion of an act enacted by the legislature over the governor’s
partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication.” − 2 −2023 Wisconsin Act 104 2023 Senate Bill 161
persons of the committee notify the board that the com-
mittee has scheduled a meeting for the purpose of review-
ing the administrative memorandum, the administrative
memorandum may be implemented only upon approval
of the committee.
(d) No resident of this state whose name appears on
the statewide support lien docket under s. 49.854 (2) (b)
may receive a waiver of nonresident tuition under this
subsection unless the resident provides to the board a
payment agreement that has been approved by the county
child support agency under s. 59.53 (5) and that is consis-
tent with rules promulgated under s. 49.858 (2) (a).
(e) At the end of each semester or academic term, the
board and the designated body representing the state of
Minnesota shall determine the number of students for
whom nonresident tuition has been waived under the
agreement. The board and the designated body repre-
senting the state of Minnesota shall certify to each other,
in addition to the number of students so determined, the
aggregate amount of its reimbursement obligation. The
entity with the larger reimbursement obligation shall pay
as provided in the agreement an amount determined by
subtracting the reimbursement obligation of the entity
with the smaller reimbursement obligation from the
reimbursement obligation of the entity with the larger
reimbursement obligation. The agreement shall provide
a reasonable date for payment of any such sums due and
owing, after which date interest may be charged on the
amount owed. The methodology for determination of the
appropriate interest rate shall be included in the agree-
ment. All tuition and fees received by this state under this
subsection and any net obligations received under this
paragraph shall be credited to the appropriation account
under s. 20.285 (1) (gb).
(f) In allocating funding for each institution under s.
36.09 (1) (h), the board shall ensure that each institution
is allocated the amounts received pursuant to par. (e) in
proportion to the total amount each institution charged its
students with Minnesota residence in tuition and fees
under the agreement under this subsection.
SECTION 4. 39.42 of the statutes is amended to read:
39.42 Interstate agreements. The board, with the
approval of the joint committee on finance, or the govern-
ing boards of any publicly supported institution of post−
high school education, with the approval of the board and
the joint committee on finance, may enter into agree-
ments or understandings which include remission of non-
resident tuition for designated categories of students at
state institutions of higher education with appropriate
state agencies and institutions of higher education in
other states to facilitate use of public higher education
institutions of this state and other states. Such agree-
ments and understandings shall have as their purpose the
mutual improvement of educational advantages for resi-
dents of this state and such other states or institutions of
other states with which agreements are made. This sec-
tion does not apply to the agreement under s. 36.27 (2r).
SECTION 5. 39.47 (title) of the statutes is amended to
read:
39.47 (title) Minnesota−Wisconsin public voca-
tional school student reciprocity agreement.
SECTION 6. 39.47 (1) of the statutes is amended to
read:
39.47 (1) There is established, to be administered by
the board, a Minnesota−Wisconsin public vocational
school student reciprocity agreement, the purpose of
which shall be to ensure that neither state shall profit at
the expense of the other and that the determination of any
amounts owed by either state under the agreement shall
be based on an equitable formula which reflects the edu-
cational costs incurred by the 2 states, reflects any differ-
entials in usage by residents of either state of the public
institutions of higher education located in the other state,
and reflects any differentials in the resident tuition
charged at comparable public institutions of higher edu-
cation of the 2 states. The board, representing this state,
shall enter into an agreement meeting the requirements of
this section with the designated body representing the
state of Minnesota.
SECTION 7. 39.47 (2) of the statutes is amended to
read:
39.47 (2) The agreement under this section shall pro-
vide for the waiver of nonresident tuition fees for a resi-
dent of either state who is enrolled in a public vocational
school located in the other state. The agreement shall also
establish a reciprocal fee structure for residents of either
state who are enrolled in public institutions of higher edu-
cation, other than vocational schools, located in the other
state. The reciprocal fee may not exceed the higher of the
resident tuition fees that would be charged the student at
the public institution of higher education vocational
school in which the student is enrolled or the resident
tuition fees that would be charged the student at a compa-
rable public institutions of higher education vocational
school located in his or her state of residence, as specified
in the annual administrative memorandum under sub.
(2g). The agreement shall take effect on July 1, 2007.
The agreement is subject to the approval of the joint com-
mittee on finance under s. 39.42.
SECTION 8. 45.20 (2) (a) 1. of the statutes is amended
to read:
45.20 (2) (a) 1. The department shall administer a
tuition reimbursement program for eligible veterans
enrolling as undergraduates in any institution of higher
education in this state, enrolling in a school that is
approved under s. 45.03 (11), enrolling in a proprietary
school that is approved under s. 440.52, enrolling in a
public or private high school, enrolling in a tribal school,
as defined in s. 115.001 (15m), in any grade from 9 to 12, − 3 − 2023 Wisconsin Act 104 2023 Senate Bill 161
or receiving a waiver of nonresident tuition under s.
36.27 (2r) or 39.47.
SECTION 9. 45.20 (2) (c) 1. of the statutes is amended
to read:
45.20 (2) (c) 1. A veteran who meets the eligibility
requirements under par. (b) 1. may be reimbursed upon
satisfactory completion of an undergraduate semester in
any institution of higher education in this state, or upon
satisfactory completion of a course at any school that is
approved under s. 45.03 (11), any proprietary school that
is approved under s. 440.52, any public or private high
school, any tribal school, as defined in s. 115.001 (15m),
that operates any grade from 9 to 12, or any institution
from which the veteran receives a waiver of nonresident
tuition under s. 36.27 (2r) or 39.47. Except as provided
in par. (e), the amount of reimbursement may not exceed
the total cost of the veteran’s tuition minus any grants or
scholarships that the veteran receives specifically for the
payment of the tuition, or, if the tuition is for an under-
graduate semester in any institution of higher education,
the standard cost of tuition for a state resident for an
equivalent undergraduate semester at the University of
Wisconsin−Madison, whichever is less.
SECTION 10. 45.20 (2) (d) 1. (intro.) of the statutes is
amended to read:
45.20 (2) (d) 1. (intro.) Subject to subd. 1m., a veter-
an’s eligibility for reimbursement under this subsection
at any institution of higher education in this state, at a
school that is approved under s. 45.03 (11), at a propri-
etary school that is approved under s. 440.52, at a public
or private high school, at a tribal school, as defined in s.
115.001 (15m), that operates any grade from 9 to 12, or
at an institution where he or she is receiving a waiver of
nonresident tuition under s. 36.27 (2r) or 39.47 is limited
to the following:
SECTION 11. 71.05 (6) (b) 28. (intro.) of the statutes
is amended to read:
71.05 (6) (b) 28. (intro.) An amount paid by a
claimant for tuition expenses and mandatory student fees
for a student who is the claimant or who is the claimant’s
child and the claimant’s dependent, as defined under sec-
tion 152 of the Internal Revenue Code, to attend any uni-
versity, college, technical college or a school approved
under s. 440.52, that is located in Wisconsin or to attend
a public vocational school or public institution of higher
education in Minnesota under the Minnesota−Wisconsin
a reciprocity agreement under s. 36.27 (2r) or 39.47, cal-
culated as follows:
SECTION 12. 321.40 (1) (c) 2. of the statutes is
amended to read:
321.40 (1) (c) 2. A public institution of higher educa-
tion under the Minnesota−Wisconsin Minnesota−Uni-
versity of Wisconsin System student reciprocity agree-
ment under s. 36.27 (2r) or a public vocational school
under the Minnesota−Wisconsin public vocational
school reciprocity agreement under s. 39.47.
SECTION 13.0Nonstatutory provisions.
(1) MINNESOTA−WISCONSIN TUITION RECIPROCITY
AGREEMENT. The higher educational aids board and the
Board of Regents of the University of Wisconsin System
shall provide to the designated body representing the
state of Minnesota notice of intent to modify and make
changes to the student reciprocity agreement under s.
39.47, 2021 stats.