1 | | - | Date of enactment: March 14, 2024 |
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2 | | - | 2023 Senate Bill 744 Date of publication*: March 15, 2024 |
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3 | | - | 2023 WISCONSIN ACT 117 |
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4 | | - | AN ACT to renumber and amend 321.40 (4); to amend 20.465 (2) (a), 71.93 (1) (a) 6., 321.40 (1) (d), 321.40 (2) |
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5 | | - | (e), 321.40 (2) (f), 321.40 (3) (a), 321.40 (3) (b) 1., 321.40 (3) (c) and 321.40 (5) (d); and to create 321.40 (4) (a) |
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6 | | - | 2., 3. and 4. and (b) and 321.40 (6) of the statutes; relating to: the tuition grant program for national guard members |
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7 | | - | administered by the Department of Military Affairs. |
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8 | | - | The people of the state of Wisconsin, represented in |
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9 | | - | senate and assembly, do enact as follows: |
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10 | | - | SECTION 1. 20.465 (2) (a) of the statutes is amended |
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11 | | - | to read: |
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12 | | - | 20.465 (2) (a) Tuition grants. A sum sufficient for the |
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13 | | - | payment of tuition grants to members of the Wisconsin |
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14 | | - | national guard under s. 321.40 (4) (3). |
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15 | | - | SECTION 2. 71.93 (1) (a) 6. of the statutes is amended |
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16 | | - | to read: |
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17 | | - | 71.93 (1) (a) 6. An amount owed to the department |
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18 | | - | of military affairs under s. 321.40 (5) (4). |
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19 | | - | SECTION 3. 321.40 (1) (d) of the statutes is amended |
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20 | | - | to read: |
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21 | | - | 321.40 (1) (d) “Tuition grant” means any tuition cost |
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22 | | - | reimbursement payment made by the department under |
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23 | | - | sub. (4) (3). |
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24 | | - | SECTION 4. 321.40 (2) (e) of the statutes is amended |
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25 | | - | to read: |
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26 | | - | 321.40 (2) (e) Failing to achieve a minimum grade |
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27 | | - | point average of 2.0 for the semester for which a satisfac- |
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28 | | - | tory academic progress in a qualifying school when the |
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| 1 | + | LRB-5046/1 |
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| 2 | + | ARG:emw |
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| 3 | + | 2023 - 2024 LEGISLATURE |
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| 4 | + | 2023 SENATE BILL 744 |
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| 5 | + | December 8, 2023 - Introduced by Senators TESTIN, HESSELBEIN, CABRAL-GUEVARA, |
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| 6 | + | CARPENTER, JAMES, MARKLEIN, NASS and SPREITZER, cosponsored by |
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| 7 | + | Representatives DUCHOW, JOERS, ALLEN, C. ANDERSON, BARE, BRANDTJEN, |
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| 8 | + | CONLEY, CONSIDINE, DITTRICH, EDMING, EMERSON, GOEBEN, GOYKE, GUSTAFSON, |
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| 9 | + | JACOBSON, S. JOHNSON, MADISON, MAGNAFICI, MAXEY, MICHALSKI, MURPHY, |
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| 10 | + | MURSAU, O'CONNOR, ORTIZ-VELEZ, PALMERI, RATCLIFF, SHANKLAND, SINICKI, |
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| 11 | + | SUBECK and TITTL. Referred to Committee on Labor, Regulatory Reform, |
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| 12 | + | Veterans and Military Affairs. |
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| 13 | + | AN ACT to renumber and amend 321.40 (4); to amend 20.465 (2) (a), 71.93 (1) |
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| 14 | + | (a) 6., 321.40 (1) (d), 321.40 (2) (e), 321.40 (2) (f), 321.40 (3) (a), 321.40 (3) (b) 1., |
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| 15 | + | 321.40 (3) (c) and 321.40 (5) (d); and to create 321.40 (4) (a) 2., 3. and 4. and |
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| 16 | + | (b) and 321.40 (6) of the statutes; relating to: the tuition grant program for |
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| 17 | + | national guard members administered by the Department of Military Affairs. |
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| 18 | + | Analysis by the Legislative Reference Bureau |
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| 19 | + | This bill makes changes to the tuition grant program administered by the |
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| 20 | + | Department of Military Affairs relating to eligibility and timing of higher education |
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| 21 | + | grants paid to national guard members and to administration of the program. |
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| 22 | + | Under current law, DMA awards tuition grants to national guard members to |
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| 23 | + | reimburse them for higher education tuition costs if certain eligibility criteria are |
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| 24 | + | satisfied. The amount of the tuition grant payment is equal to 100 percent of the |
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| 25 | + | actual tuition charged by the guard member's school or 100 percent of the maximum |
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| 26 | + | resident undergraduate tuition charged by the University of Wisconsin-Madison for |
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| 27 | + | a comparable number of credits, whichever amount is less. Among the eligibility |
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| 28 | + | criteria, a national guard member may not receive a tuition reimbursement grant if, |
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| 29 | + | at the time of completion of the semester to be reimbursed, the guard member fails |
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| 30 | + | to achieve a minimum grade point average of 2.0, fails to be an actively drilling guard |
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| 31 | + | member, or fails to be a guard member in good standing. DMA must require a |
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| 32 | + | national guard member to repay the amount of a tuition grant if the national guard |
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| 33 | + | member is separated from the national guard for misconduct, including being absent |
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| 40 | + | SENATE BILL 744 |
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| 41 | + | without leave for more than nine unit training assemblies. If an eligible student's |
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| 42 | + | school has certified to DMA that the student has achieved at least a 2.0 GPA for the |
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| 43 | + | semester for which reimbursement is sought, DMA must pay the tuition grant |
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| 44 | + | amount to the student within 30 days after receiving this certification. |
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| 45 | + | The bill allows an enrolled student who is an eligible national guard member |
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| 46 | + | to apply for a tuition grant prior to completion of the semester. The national guard |
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| 47 | + | member is not eligible for payment of the tuition grant if, at the time of application |
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| 48 | + | for the grant, the guard member is not achieving satisfactory academic progress in |
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| 49 | + | his or her school, is not an actively drilling guard member, or is not a guard member |
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| 50 | + | in good standing. If an eligible guard member's school has certified to DMA that he |
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| 51 | + | or she is achieving satisfactory academic progress, DMA must pay the tuition grant |
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| 52 | + | amount to the student's school on the student's behalf, rather than directly to the |
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| 53 | + | student, within 30 days after receiving this certification. The bill also requires DMA |
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| 54 | + | to require a national guard member to repay a tuition grant if, at the end of the term |
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| 55 | + | for which the tuition grant is paid, the national guard member has failed to achieve |
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| 56 | + | satisfactory academic progress, failed to be an actively drilling guard member, or |
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| 57 | + | failed to be a guard member in good standing. A school must notify DMA if the |
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| 58 | + | national guard member who received the tuition grant failed to achieve satisfactory |
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| 59 | + | academic progress at the end of the term. If a national guard member is required to |
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| 60 | + | repay a tuition grant for any reason, DMA may require the guard member's school |
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| 61 | + | to recover from the guard member the amount of the tuition grant and remit it to |
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| 62 | + | DMA. |
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| 63 | + | The bill also requires DMA to consult and coordinate with higher education |
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| 64 | + | institutions in establishing a process for distributing tuition grants that maximizes |
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| 65 | + | administrative efficiency for these schools in applying tuition grants to student |
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| 66 | + | accounts and provides tuition grants to students in an expeditious manner. |
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| 67 | + | For further information see the state fiscal estimate, which will be printed as |
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| 68 | + | an appendix to this bill. |
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| 69 | + | The people of the state of Wisconsin, represented in senate and assembly, do |
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| 70 | + | enact as follows: |
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| 71 | + | SECTION 1. 20.465 (2) (a) of the statutes is amended to read: |
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| 72 | + | 20.465 (2) (a) Tuition grants. A sum sufficient for the payment of tuition grants |
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| 73 | + | to members of the Wisconsin national guard under s. 321.40 (4) (3). |
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| 74 | + | SECTION 2. 71.93 (1) (a) 6. of the statutes is amended to read: |
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| 75 | + | 71.93 (1) (a) 6. An amount owed to the department of military affairs under s. |
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| 76 | + | 321.40 (5) (4). |
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| 77 | + | SECTION 3. 321.40 (1) (d) of the statutes is amended to read: |
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| 84 | + | 7 - 3 -2023 - 2024 Legislature |
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| 85 | + | LRB-5046/1 |
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| 87 | + | SECTION 3 |
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| 88 | + | SENATE BILL 744 |
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| 89 | + | 321.40 (1) (d) “Tuition grant" means any tuition cost reimbursement payment |
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| 90 | + | made by the department under sub. (4) (3). |
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| 91 | + | SECTION 4. 321.40 (2) (e) of the statutes is amended to read: |
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| 92 | + | 321.40 (2) (e) Failing to achieve a minimum grade point average of 2.0 for the |
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| 93 | + | semester for which a satisfactory academic progress in a qualifying school when the |
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36 | | - | SECTION 6. 321.40 (3) (a) of the statutes is amended |
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37 | | - | to read: |
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38 | | - | 321.40 (3) (a) Any eligible guard member upon satis- |
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39 | | - | factory completion of enrolled in a full−time or part−time |
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40 | | - | course in a qualifying school may apply for a tuition grant |
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41 | | - | equal to 100 percent of the actual tuition charged by the |
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42 | | - | school or 100 percent of the maximum resident under- |
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43 | | - | graduate tuition charged by the University of Wisconsin− |
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44 | | - | Madison for a comparable number of credits, whichever |
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45 | | - | amount is less. In calculating the maximum resident |
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46 | | - | undergraduate tuition charged by the University of Wis- |
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47 | | - | consin−Madison for purposes of this paragraph, the |
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48 | | - | department shall include in the calculation all additional |
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49 | | - | tuition established or approved by the Board of Regents |
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50 | | - | of the University of Wisconsin System under s. 36.27 (1) |
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51 | | - | (a) for undergraduate students at the University of Wis- |
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52 | | - | consin−Madison and for students enrolled in a particular |
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53 | | - | undergraduate academic program at the University of |
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54 | | - | Wisconsin−Madison if the eligible guard member is |
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55 | | - | enrolled in the same or equivalent program. |
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56 | | - | * 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 |
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57 | | - | 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 117 2023 Senate Bill 744 |
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58 | | - | SECTION 7. 321.40 (3) (b) 1. of the statutes is |
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| 99 | + | SECTION 6. 321.40 (3) (a) of the statutes is amended to read: |
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| 100 | + | 321.40 (3) (a) Any eligible guard member upon satisfactory completion of |
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| 101 | + | enrolled in a full-time or part-time course in a qualifying school may apply for a |
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| 102 | + | tuition grant equal to 100 percent of the actual tuition charged by the school or 100 |
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| 103 | + | percent of the maximum resident undergraduate tuition charged by the University |
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| 104 | + | of Wisconsin-Madison for a comparable number of credits, whichever amount is less. |
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| 105 | + | In calculating the maximum resident undergraduate tuition charged by the |
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| 106 | + | University of Wisconsin-Madison for purposes of this paragraph, the department |
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| 107 | + | shall include in the calculation all additional tuition established or approved by the |
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| 108 | + | Board of Regents of the University of Wisconsin System under s. 36.27 (1) (a) for |
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| 109 | + | undergraduate students at the University of Wisconsin-Madison and for students |
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| 110 | + | enrolled in a particular undergraduate academic program at the University of |
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| 111 | + | Wisconsin-Madison if the eligible guard member is enrolled in the same or |
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| 112 | + | equivalent program. |
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| 113 | + | SECTION 7. 321.40 (3) (b) 1. of the statutes is amended to read: |
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| 140 | + | SECTION 7 SENATE BILL 744 |
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| 141 | + | 321.40 (3) (b) 1. Be submitted to the department for approval of payment no |
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| 142 | + | earlier than 90 days prior to the start of the course and no later than 90 days after |
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| 143 | + | the completion date of the course; and |
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| 144 | + | SECTION 8. 321.40 (3) (c) of the statutes is amended to read: |
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| 145 | + | 321.40 (3) (c) Except as provided under par. (d), upon determination that the |
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| 146 | + | applicant is eligible to receive the payment, the department shall make payment of |
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| 147 | + | the tuition grant to, on behalf of the applicant, to the qualifying school in which the |
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| 148 | + | applicant is enrolled in the amount determined under par. (a). Notwithstanding par. |
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| 149 | + | (b) 2., the department shall rely on a qualifying school's certification in determining |
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| 150 | + | that an applicant is eligible under sub. (2) (e) to receive the payment and the |
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| 151 | + | department shall make the payment not later than 30 days after the department |
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| 152 | + | receives the certification. |
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| 153 | + | SECTION 9. 321.40 (4) of the statutes is renumbered 321.40 (4) (a) (intro.) and |
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60 | | - | 321.40 (3) (b) 1. Be submitted to the department for |
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61 | | - | approval of payment no earlier than 90 days prior to the |
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62 | | - | start of the course and no later than 90 days after the com- |
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63 | | - | pletion date of the course; and |
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64 | | - | SECTION 8. 321.40 (3) (c) of the statutes is amended |
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65 | | - | to read: |
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66 | | - | 321.40 (3) (c) Except as provided under par. (d), upon |
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67 | | - | determination that the applicant is eligible to receive the |
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68 | | - | payment, the department shall make payment of the |
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69 | | - | tuition grant to, on behalf of the applicant, to the qualify- |
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70 | | - | ing school in which the applicant is enrolled in the |
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71 | | - | amount determined under par. (a). Notwithstanding par. |
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72 | | - | (b) 2., the department shall rely on a qualifying school’s |
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73 | | - | certification in determining that an applicant is eligible |
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74 | | - | under sub. (2) (e) to receive the payment and the depart- |
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75 | | - | ment shall make the payment not later than 30 days after |
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76 | | - | the department receives the certification. |
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77 | | - | SECTION 9. 321.40 (4) of the statutes is renumbered |
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78 | | - | 321.40 (4) (a) (intro.) and amended to read: |
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79 | | - | 321.40 (4) (a) (intro.) The department shall require |
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80 | | - | a national guard member who has received a tuition grant |
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81 | | - | under this section to repay the amount of the tuition grant |
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82 | | - | to the department if the national any of the following |
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83 | | - | applies: |
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84 | | - | 1. The guard member is separated from the national |
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85 | | - | guard for misconduct, as defined in the rules and regula- |
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86 | | - | tions of the national guard, including being absent with- |
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87 | | - | out leave for more than 9 unit training assemblies. |
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88 | | - | (c) The department may elect to collect the amount |
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89 | | - | owed under this subsection through the tax intercept pro- |
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90 | | - | gram under s. 71.93. |
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91 | | - | SECTION 10. 321.40 (4) (a) 2., 3. and 4. and (b) of the |
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92 | | - | statutes are created to read: |
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93 | | - | 321.40 (4) (a) 2. The guard member is not a member |
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94 | | - | in good standing in the national guard at the end of the |
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95 | | - | term for which the tuition grant is paid. |
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96 | | - | 3. The guard member has failed to be an actively |
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97 | | - | drilling guard member at the end of the term for which the |
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98 | | - | tuition grant is paid. |
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99 | | - | 4. The guard member has failed to achieve satisfac- |
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100 | | - | tory academic progress at the end of the term for which |
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| 155 | + | 321.40 (4) (a) (intro.) The department shall require a national guard member |
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| 156 | + | who has received a tuition grant under this section to repay the amount of the tuition |
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| 157 | + | grant to the department if the national any of the following applies: |
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| 158 | + | 1. The guard member is separated from the national guard for misconduct, as |
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| 159 | + | defined in the rules and regulations of the national guard, including being absent |
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| 160 | + | without leave for more than 9 unit training assemblies. |
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| 161 | + | (c) The department may elect to collect the amount owed under this subsection |
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| 162 | + | through the tax intercept program under s. 71.93. |
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| 163 | + | SECTION 10. 321.40 (4) (a) 2., 3. and 4. and (b) of the statutes are created to read: |
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| 164 | + | 321.40 (4) (a) 2. The guard member is not a member in good standing in the |
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| 165 | + | national guard at the end of the term for which the tuition grant is paid. |
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| 190 | + | 25 - 5 -2023 - 2024 Legislature |
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| 191 | + | LRB-5046/1 |
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| 193 | + | SECTION 10 |
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| 194 | + | SENATE BILL 744 |
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| 195 | + | 3. The guard member has failed to be an actively drilling guard member at the |
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| 196 | + | end of the term for which the tuition grant is paid. |
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| 197 | + | 4. The guard member has failed to achieve satisfactory academic progress at |
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| 198 | + | the end of the term for which the tuition grant is paid. |
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| 199 | + | (b) 1. A qualifying school that receives payment of a tuition grant on behalf of |
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| 200 | + | a guard member under sub. (3) (c) shall notify the department if the guard member |
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| 201 | + | has failed to achieve satisfactory academic progress at the end of the term for which |
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102 | | - | (b) 1. A qualifying school that receives payment of |
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103 | | - | a tuition grant on behalf of a guard member under sub. (3) |
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104 | | - | (c) shall notify the department if the guard member has |
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105 | | - | failed to achieve satisfactory academic progress at the |
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106 | | - | end of the term for which the tuition grant is paid. |
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107 | | - | 2. If a guard member is required to repay a tuition |
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108 | | - | grant for any of the reasons specified in par. (a), the |
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109 | | - | department may require the qualifying school that |
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110 | | - | received the tuition grant on behalf of the guard member |
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111 | | - | to recover from the guard member the amount of the |
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112 | | - | tuition grant and remit it to the department. A qualifying |
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113 | | - | school may take any reasonable action to secure repay- |
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114 | | - | ment of the amount of a tuition grant under this subdivi- |
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115 | | - | sion, including placing a hold on course registration or on |
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116 | | - | the awarding of a degree or certificate, undertaking col- |
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117 | | - | lection efforts, or initiating legal action. |
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118 | | - | SECTION 11. 321.40 (5) (d) of the statutes is amended |
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119 | | - | to read: |
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120 | | - | 321.40 (5) (d) No guard member may receive a |
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121 | | - | tuition grant under this section unless he or she is a mem- |
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122 | | - | ber in good standing in the national guard at the time of |
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| 203 | + | 2. If a guard member is required to repay a tuition grant for any of the reasons |
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| 204 | + | specified in par. (a), the department may require the qualifying school that received |
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| 205 | + | the tuition grant on behalf of the guard member to recover from the guard member |
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| 206 | + | the amount of the tuition grant and remit it to the department. A qualifying school |
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| 207 | + | may take any reasonable action to secure repayment of the amount of a tuition grant |
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| 208 | + | under this subdivision, including placing a hold on course registration or on the |
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| 209 | + | awarding of a degree or certificate, undertaking collection efforts, or initiating legal |
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| 210 | + | action. |
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| 211 | + | SECTION 11. 321.40 (5) (d) of the statutes is amended to read: |
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| 212 | + | 321.40 (5) (d) No guard member may receive a tuition grant under this section |
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| 213 | + | unless he or she is a member in good standing in the national guard at the time of |
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