36.27(2)(a)2.
2. Any minor student, if one or both of the student's parents have been bona fide residents of this state for at least 12 months next preceding the beginning of any semester or session for which the student registers at an institution.
36.27(2)(a)3.
3. Any adult student who is a dependent of his or her parents under
26 USC 152 (a), if one or both of the student's parents have been bona fide residents of this state for at least 12 months next preceding the beginning of any semester or session for which the student registers at an institution.
36.27(2)(a)4.
4. Any minor student who has resided substantially in this state during the years of minority and at least 12 months next preceding the beginning of any semester or session for which such student registers at an institution.
36.27(2)(a)5.
5. Any minor student under guardianship in this state pursuant to
ch. 48 or
880 whose legal guardian has been a bona fide resident of this state for at least 12 months next preceding the beginning of any semester or session for which such student registers at an institution.
36.27(2)(a)6.
6. Any adult student who has been employed as a migrant worker for at least 2 months each year for 3 of the 5 years next preceding the beginning of any semester or session for which the student registers at an institution, or for at least 3 months each year for 2 of the 5 years next preceding the beginning of any semester or session for which the student registers at an institution, any adult student whose parent or legal guardian has been so employed while the student was a minor and any minor student whose parent or legal guardian has been so employed. In this subdivision, "migrant worker" has the meaning specified in
s. 103.90 (5).
36.27(2)(am)
(am) Any person who is a refugee, as defined under
8 USC 1101 (a) (42), who moved to this state immediately upon arrival in the United States and who has resided in this state continuously since then is entitled to the exemption under
par. (a) if he or she demonstrates an intent to establish and maintain a permanent home in Wisconsin according to the criteria under
par. (e).
36.27(2)(b)1.1. Nonresident members of the armed forces and persons engaged in alternative service who are stationed in this state on active duty and their spouses and children are entitled to the exemption under
par. (a) during the period that such persons are stationed in this state.
36.27(2)(b)2.
2. Members of the armed forces who reside in this state and are stationed at a federal military installation located within 90 miles of the borders of this state, and their spouses and children, are entitled to the exemption under
par. (a).
36.27(2)(b)3.
3. Nonresident persons who served in active duty in the U.S. armed forces for at least 10 years, who were honorably discharged from such service within 4 years before registering at an institution, and who filed state income tax returns for at least 8 of the last 10 years of active duty in the U.S. armed forces, and their spouses and children are entitled to the exemption under
par. (a).
36.27(2)(c)
(c) Any student who is a graduate of a Wisconsin high school and whose parents are bona fide residents of this state for 12 months next preceding the beginning of any semester or session for which the student registers at an institution or whose last surviving parent was a bona fide resident of this state for the 12 months preceding death is entitled to the exemption under
par. (a).
36.27(2)(cm)
(cm) Any person continuously employed full time in this state, who was relocated to this state by his or her current employer or who moved to this state for employment purposes and accepted his or her current employment before applying for admission to an institution and before moving, and the spouse and dependents of any such person, are entitled to the exemption under
par. (a) if the student demonstrates an intent to establish and maintain a permanent home in Wisconsin according to the criteria under
par. (e). In this paragraph, "dependents" has the meaning given in
26 USC 152 (a).
36.27(2)(d)
(d) Any person who has not been a bona fide resident of the state for 12 months next preceding the beginning of any semester or session for which such person registers at an institution, except as provided in this subsection, is not exempt from the payment of the nonresident tuition.
36.27(2)(e)
(e) In determining bona fide residence at the time of the beginning of any semester or session and for the preceding 12 months the intent of the person to establish and maintain a permanent home in Wisconsin is determinative. In addition to representations by the student, intent may be demonstrated or disproved by factors including, but not limited to, timely filing of a Wisconsin income tax return of a type that only full-year Wisconsin residents may file, voter registration in Wisconsin, motor vehicle registration in Wisconsin, possession of a Wisconsin operator's license, place of employment, self-support, involvement in community activities in Wisconsin, physical presence in Wisconsin for at least 12 months preceding the beginning of the semester or session for which the student registers, and, if the student is not a U.S. citizen, possession of a visa that permits indefinite residence in the United States. Notwithstanding
par. (a), a student who enters and remains in this state principally to obtain an education is presumed to continue to reside outside this state and such presumption continues in effect until rebutted by clear and convincing evidence of bona fide residence.
36.27 Cross-reference
Cross Reference: See also ch.
UWS 20, Wis. adm. code.
36.27(2m)
(2m) Appeals. Any body designated by the board to determine nonresident tuition exemptions under
sub. (2) may require a student who has been granted such an exemption to submit information from which the body may determine the student's eligibility for the exemption, the student's eligibility for a different exemption or the student's residency status.
36.27(3)
(3) Tuition remissions. Within the limits established by
s. 20.285 (2) (d), the board may remit nonresident tuition either in whole or in part at each institution, but not other fees:
36.27(3)(a)
(a) To a number of needy and worthy nonresident students upon the basis of merit, to be shown by suitable tests, examinations or scholastic records and continued high standards of scholastic attainment. The aggregate amount of these nonresident remissions of tuition shall not exceed an amount equal to full remissions for 8% of the number of nonresident students registered at that institution in the preceding year, excluding those students participating in interstate agreements under
s. 39.42.
36.27(3)(b)
(b) To additional individual students who, in the judgment of the board, are deserving of relief from the assessment of nonresident tuition because of extraordinary circumstances. The aggregate amount of these nonresident remissions of tuition shall not exceed an amount equal to full remissions for 2% of the number of nonresident students registered in the preceding year, excluding those students participating in interstate agreements under
s. 39.42.
36.27(3)(c)
(c) The board may remit nonresident tuition, in whole or in part, but no other fees, except in special circumstances as approved by the chancellor, to worthy and needy foreign students and to students who are United States citizens but whose residence is not in the United States. The number of such remissions which may be awarded in any academic year at an institution shall not exceed 2% of the total full-time enrollment of students at that institution for the preceding academic year.
36.27(3)(f)
(f) In addition to the remissions of nonresident tuition under this subsection, the board may, as athletic scholarships, grant full remission of fees and nonresident tuition, up to the maximum number allowed by the appropriate athletic conference as recommended by the chancellor of each university.
36.27(3)(g)
(g) The board shall remit nonresident tuition and fees, in whole or part, to resident and nonresident graduate students who are fellows or who are employed within the system as faculty, instructional academic staff or assistants with an appointment equal to at least 33% of a full-time equivalent position.
36.27(3m)(a)1m.
1m. "Fire fighter" means any person employed by this state or any political subdivision of this state as a member or officer of a fire department whose duties include fire fighting or fire fighting training or a member of a volunteer fire department whose duties include fire fighting or fire fighting training.
36.27(3m)(b)
(b) The board shall grant full remission of fees to any resident undergraduate student who is enrolled in a bachelor's degree program and who is any of the following:
36.27(3m)(b)1.
1. The child of an ambulance driver, correctional officer, fire fighter, emergency medical services technician or law enforcement officer who was killed in the line of duty in this state. The student must be the child of an ambulance driver, correctional officer, fire fighter, emergency medical services technician or law enforcement officer who was so killed when the child was under the age of 21 or before the child was born.
36.27(3m)(b)2.
2. The surviving spouse of an ambulance driver, correctional officer, fire fighter, emergency medical services technician or law enforcement officer who was killed in the line of duty in this state.
36.27(3m)(c)
(c) The fee remission under
par. (b) shall remain in effect until completion of a sufficient number of credits to be awarded a bachelor's degree in the student's major field of study, except that a student must be in good academic standing to receive the remission for the next semester and may not receive a remission for more than 5 consecutive years.
36.27(3m)(d)
(d) If the appropriation under
s. 20.285 (1) (bm) in any fiscal year is insufficient to fully fund the fee remissions under
par. (b), the board shall notify the joint committee on finance.
36.27(4)(a)(a) The board may annually exempt from nonresident tuition, but not from incidental or other fees, up to 200 students enrolled at the University of Wisconsin-Parkside as juniors or seniors in programs identified by that institution as having surplus capacity and up to 150 students enrolled at the University of Wisconsin-Superior in programs identified by that institution as having surplus capacity.
36.27(4)(b)
(b) A student who received an exemption from nonresident tuition under
1987 Wisconsin Act 27, section 3054 (2g) (a) during the 1987-88 and 1988-89 academic years, or who receives an exemption from nonresident tuition under
par. (a), shall continue to receive an exemption from nonresident tuition until the completion of his or her degree program.
36.27(4)(d)
(d) The University of Wisconsin-Parkside and the University of Wisconsin-Superior shall give preference in admissions to residents of this state over nonresidents who would be exempt from nonresident tuition under
par. (a).
36.27(5)(a)(a) In this subsection, "state funds" means the total amount of general purpose revenue appropriated under
s. 20.285 in any fiscal year.
36.27(5)(b)
(b) The board shall ensure that every student's bill for academic fees or nonresident tuition includes the following statement: "The legislature and the governor have authorized $.... in state funds for the University of Wisconsin System during the .... academic year. This amount represents an average subsidy of $.... from the taxpayers of Wisconsin for each student enrolled in the University of Wisconsin System."
36.27(5)(c)
(c) The board shall calculate the average subsidy for the purpose of the fee statement under
par. (b) by dividing state funds in the appropriate fiscal year by the number of full-time equivalent students enrolled in the system in the most recent fall semester.
36.27 History
History: 1973 c. 333 ss.
68g,
68k,
201f (2);
1973 c. 335;
1975 c. 39,
199;
1977 c. 29;
1981 c. 20;
1983 a. 407;
1985 a. 51,
192;
1987 a. 399;
1989 a. 31 ss.
709p to
710,
2908;
1989 a. 67,
181,
359;
1991 a. 39,
168,
169;
1993 a. 16;
1995 a. 27,
228;
1997 a. 27,
163,
237;
1999 a. 9,
130,
154,
186;
2001 a. 16,
38.
36.27 Annotation
A student who challenges his or her nonresident status unsuccessfully must reapply before the beginning of any new semester when he or she claims that status has changed. Hancock v. Regents of UW,
61 Wis. 2d 484,
213 N.W.2d 45 (1973).
36.27 Annotation
The Board of Regents may only charge student fees for activities that relate to a legitimate educational purpose. 61 Atty. Gen. 120.
36.28
36.28
Medical school enrollment. Beginning with the class entering the University of Wisconsin Medical School in the 1984-85 academic year, and ending with the class entering the University of Wisconsin Medical School in the 1987-88 academic year, the board shall reduce the size of the class by 2.5% each year as compared with the size of the class entering the medical school in the 1983-84 academic year, so as to ensure a 10% total reduction by the 1987-88 academic year. The board shall make every effort to ensure that the number of minority students enrolled at the medical school shall not be decreased as a result of the reduction in class size, including, if necessary, adjusting the proportion of nonresident enrollment.
36.28 History
History: 1983 a. 27.
36.29
36.29
Gifts; golf course. 36.29(1)(1) All gifts, grants and bequests for the benefit or advantage of the system or any of its institutions, departments or facilities or to provide any means of instruction, illustration or knowledge in connection therewith, whether made to trustees or otherwise, shall be valid notwithstanding any other provision of this chapter except as otherwise provided in this subsection and shall be executed and enforced according to the provisions of the instrument making the same, including all provisions and directions in any such instrument for accumulation of the income of any fund or rents and profits of any real estate without being subject to the limitations and restrictions provided by law in other cases; but no such income accumulation shall be allowed to produce a fund more than 20 times as great as that originally given. When such gifts, grants or bequests include common stocks or other investments which are not authorized by
ch. 881, the board may continue to hold such common stocks or other investments and exchange, invest or reinvest the funds of such gift, grant or bequest in similar types of investments without being subject to the limitations and restrictions provided by law in other cases. No such investment shall knowingly be made in any company, corporation, subsidiary or affiliate which practices or condones through its actions discrimination on the basis of race, religion, color, creed or sex. Except as otherwise provided in this section, the board may invest not to exceed 85% of trust funds held and administered by the board in common stocks, the limitation of 50% in
s. 881.01 (2) to the contrary notwithstanding. This subsection does not apply to a gift, grant or bequest that the board declines to accept or that the board is not authorized to accept under this section.
36.29(2)
(2) All gifts, grants, or bequests under
sub. (1) may be made to the board, the president, a chancellor, or any officer, or to any person as trustee, or may be charged upon any personal representative, trustee, heir, devisee, or legatee, or made in any other manner indicating an intention to create a trust, and may be made as well for the benefit of the system or any of its institutions, colleges, schools, departments, or facilities to provide any means of instruction, illustration, or knowledge in connection therewith, or for the benefit of any students or any class or group of students whether by way of scholarship, fellowship, or otherwise, or whether for the benefit of students or any class or group of students in any course, subcourse, special course, postgraduate course, summer school or teachers course, oratorical or debating course, laboratory, shop, lectureship, drill, gymnasium or any other like division or department of study, experiment, research, observation, travel, or mental or physical improvement in any manner connected with the system, or to provide for the voluntary retirement of any of the faculty.
36.29(3)
(3) It shall not be necessary for a gift, grant, devise or bequest to exactly or particularly describe the members of a class or group of students intended to be the beneficiaries, but it shall be sufficient to describe the class or group. In such case, the board shall divide, graduate or otherwise categorize the students into such classes or groups as are necessary to select and determine those students belonging to the class or group intended.
36.29(4)
(4) Any grant, contract, gift, endowment, trust or segregated funds bequeathed or assigned to an institution or its component parts for any purpose whatsoever shall not be commingled or reassigned.
36.29(5)(a)(a) Except as provided in
par. (b), the board may not acquire or make a commitment to operate any golf course not owned by the board prior to July 2, 1983, without specific authorization by the legislature.
36.29(5)(b)
(b) Notwithstanding
s. 20.924 (1), the board may accept a gift of a golf course for the University of Wisconsin-Madison if no general purpose revenues are used in the acquisition, development or operation of that golf course.
36.29(6)
(6) The board may not accept any gift, grant or bequest of real property with a value in excess of $30,000 except as provided in
s. 13.48 (2) (b) 1m.
36.29(7)
(7) The board may not accept any gift, grant or bequest of a building or structure that is constructed for the benefit of the system or any institution unless acceptance is first approved by the building commission, or unless the plans and specifications for the building or structure are reviewed and approved by the department of administration and the building or structure is inspected as provided in
s. 16.85 (12).
36.29 Annotation
Student loan funds established by gift for the benefit of students are trust funds. 62 Atty. Gen. 109.
36.29 Annotation
Sub. (1), which prohibits investment of university funds in companies that practice or condone discrimination, is not unconstitutional. 67 Atty. Gen. 20.
36.29 Annotation
Constitutionality of the no discrimination clause regulating University of Wisconsin investments. Guynn, 1978 WLR 1059.
36.30
36.30
Sick leave. Leave of absence for persons holding positions under
s. 20.923 (4g) and
(5), faculty and academic staff personnel with pay, owing to sickness, shall be regulated by rules of the board, except that unused sick leave shall accumulate from year to year.
36.31
36.31
Coordination with other educational agencies. 36.31(1)(1) The board shall not, without the approval of the technical college system board, broaden the system's post-high school training mission to include the preparation of persons for semiprofessional or skilled-trade occupations beyond those offered during the 1972-73 academic year. The technical college system board shall not, without the approval of the board of regents, broaden its system's collegiate transfer program offerings beyond those in existence during the 1972-73 academic year. In this section, "collegiate transfer program" has the meaning given in
s. 38.01 (3).
36.31(2)
(2) The technical college system board, in agreement with the board may designate courses other than those covered under
sub. (1) as transferable for collegiate credit between the 2 systems.
36.31(3)
(3) The fees for services charged in the national direct student loan servicing contract to the board by the higher education aids board must be approved by the secretary of administration.
36.33
36.33
Sale and relocation of agricultural lands. 36.33(1)(1)
Legislative intent. The legislature finds and determines that, because of the problems resulting from the development of the city of Madison around certain agricultural lands of the University of Wisconsin-Madison, the desirability of consolidating lands used for agricultural instruction, research and extension purposes, the desirability of disposing of agricultural lands no longer needed by the university and the need for land of better quality and of greater quantity for the purpose of improving and expanding agricultural research, it is in the public interest for the board to sell or lease, in whole or in part, the agricultural lands and improvements thereon owned by the board and located in sections 19, 20 and 30, township 7 north, range 9 east, Dane County; sections 25 and 27, township 7 north, range 8 east, Dane County; sections 34 and 35, township 38 north, range 11 east, Oneida County; and section 22, township 22 north, range 8 east, Portage County; and to purchase other agricultural lands outside of the Madison urban area and to construct thereon the necessary buildings and improvements. The foregoing policy determination is made without reference to or intention of limiting the powers which the board may otherwise have.
36.33(2)
(2) Method of sale; assessments. 36.33(2)(a)(a) The board, in selling or leasing any part of the agricultural lands and improvements thereon, mentioned in
sub. (1), shall sell or lease on the basis of either of the following:
36.33(2)(a)1.
1. Public bids, with the board reserving the right to reject any or all bids in the best interest of the state.
36.33(2)(b)
(b) Notwithstanding any provisions of law to the contrary, the lands in Dane County mentioned in
sub. (1) shall be subject to special assessments for public improvements by the city of Madison, in the same manner and to the same extent as privately owned lands, if the public improvements are of direct and substantial benefit to the lands that have been platted for sale.
36.33(3)
(3) Building commission approval. The sale, lease and purchase of agricultural lands mentioned in
sub. (1) shall be subject to the approval of the building commission.
36.33(4)
(4) Proceeds. The net proceeds from the sale of agricultural lands and improvements authorized by this section shall be devoted to the purchase of land and construction of improvements contemplated in
sub. (1) but of any excess of revenue beyond the amount required for this purpose a sum not to exceed $7,200,000 shall constitute a nonlapsible fund for the purpose of erecting facilities for research and instruction in animal husbandry, agricultural engineering and agricultural and life sciences at the University of Wisconsin-Madison, and such funds shall become available upon consent and recommendation of the board and authorization by the building commission.
36.33(5)
(5) Local taxes. The lands mentioned in
sub. (1) which are located in the city of Madison shall be subject to all general property taxes levied by the city of Madison in the event that they are used for commercial purposes. "Commercial purposes" does not include official use by the state or any of its agencies.
36.34
36.34
Minority student programs. 36.34(1)
(1)
Ben R. Lawton minority undergraduate grant program. 36.34(1)(a)(a) In this subsection "minority undergraduate" means an undergraduate student who:
36.34(1)(a)4.
4. Is a person who is admitted to the United States after December 31, 1975, and who either is a former citizen of Laos, Vietnam or Cambodia or whose ancestor was or is a citizen of Laos, Vietnam or Cambodia.
36.34(1)(b)
(b) The board shall establish a grant program for minority undergraduates enrolled in the system. The board shall designate all grants under this subsection as Lawton grants. Grants shall be awarded from the appropriation under
s. 20.285 (4) (dd). The board may not make a grant under this subsection to a person whose name appears on the statewide support lien docket under
s. 49.854 (2) (b), unless the person 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 consistent with rules promulgated under
s. 49.858 (2) (a).
36.34(1)(c)1.a.
a. For purposes of determining the appropriation under
s. 20.285 (4) (dd) for fiscal year 2003-04, "base amount" means the amount shown in the schedule under
s. 20.005 for that appropriation for fiscal year 2002-03.
