AB 635

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.