Date of enactment: March 14, 2024
2023 Senate Bill 744 Date of publication*: March 15, 2024
2023 WISCONSIN ACT 117
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)
(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)
2., 3. and 4. and (b) and 321.40 (6) of the statutes; relating to: the tuition grant program for national guard members
administered by the Department of Military Affairs.
The people of the state of Wisconsin, represented in
senate and assembly, do enact as follows:
SECTION 1. 20.465 (2) (a) of the statutes is amended
to read:
20.465 (2) (a) Tuition grants. A sum sufficient for the
payment of tuition grants to members of the Wisconsin
national guard under s. 321.40 (4) (3).
SECTION 2. 71.93 (1) (a) 6. of the statutes is amended
to read:
71.93 (1) (a) 6. An amount owed to the department
of military affairs under s. 321.40 (5) (4).
SECTION 3. 321.40 (1) (d) of the statutes is amended
to read:
321.40 (1) (d) “Tuition grant” means any tuition cost
reimbursement payment made by the department under
sub. (4) (3).
SECTION 4. 321.40 (2) (e) of the statutes is amended
to read:
321.40 (2) (e) Failing to achieve a minimum grade
point average of 2.0 for the semester for which a satisfac-
tory academic progress in a qualifying school when the
tuition grant is applied for.
SECTION 5. 321.40 (2) (f) of the statutes is amended
to read:
321.40 (2) (f) Failing to be an actively drilling guard
member upon the date of the satisfactory completion of
a full−time or part−time course in a qualifying school
when the tuition grant is applied for.
SECTION 6. 321.40 (3) (a) of the statutes is amended
to read:
321.40 (3) (a) Any eligible guard member upon satis-
factory completion of enrolled in a full−time or part−time
course in a qualifying school may apply for a tuition grant
equal to 100 percent of the actual tuition charged by the
school or 100 percent of the maximum resident under-
graduate tuition charged by the University of Wisconsin−
Madison for a comparable number of credits, whichever
amount is less. In calculating the maximum resident
undergraduate tuition charged by the University of Wis-
consin−Madison for purposes of this paragraph, the
department shall include in the calculation all additional
tuition established or approved by the Board of Regents
of the University of Wisconsin System under s. 36.27 (1)
(a) for undergraduate students at the University of Wis-
consin−Madison and for students enrolled in a particular
undergraduate academic program at the University of
Wisconsin−Madison if the eligible guard member is
enrolled in the same or equivalent program.
* 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 117 2023 Senate Bill 744
SECTION 7. 321.40 (3) (b) 1. of the statutes is
amended to read:
321.40 (3) (b) 1. Be submitted to the department for
approval of payment no earlier than 90 days prior to the
start of the course and no later than 90 days after the com-
pletion date of the course; and
SECTION 8. 321.40 (3) (c) of the statutes is amended
to read:
321.40 (3) (c) Except as provided under par. (d), upon
determination that the applicant is eligible to receive the
payment, the department shall make payment of the
tuition grant to, on behalf of the applicant, to the qualify-
ing school in which the applicant is enrolled in the
amount determined under par. (a). Notwithstanding par.
(b) 2., the department shall rely on a qualifying school’s
certification in determining that an applicant is eligible
under sub. (2) (e) to receive the payment and the depart-
ment shall make the payment not later than 30 days after
the department receives the certification.
SECTION 9. 321.40 (4) of the statutes is renumbered
321.40 (4) (a) (intro.) and amended to read:
321.40 (4) (a) (intro.) The department shall require
a national guard member who has received a tuition grant
under this section to repay the amount of the tuition grant
to the department if the national any of the following
applies:
1. The guard member is separated from the national
guard for misconduct, as defined in the rules and regula-
tions of the national guard, including being absent with-
out leave for more than 9 unit training assemblies.
(c) The department may elect to collect the amount
owed under this subsection through the tax intercept pro-
gram under s. 71.93.
SECTION 10. 321.40 (4) (a) 2., 3. and 4. and (b) of the
statutes are created to read:
321.40 (4) (a) 2. The guard member is not a member
in good standing in the national guard at the end of the
term for which the tuition grant is paid.
3. The guard member has failed to be an actively
drilling guard member at the end of the term for which the
tuition grant is paid.
4. The guard member has failed to achieve satisfac-
tory academic progress at the end of the term for which
the tuition grant is paid.
(b) 1. A qualifying school that receives payment of
a tuition grant on behalf of a guard member under sub. (3)
(c) shall notify the department if the guard member has
failed to achieve satisfactory academic progress at the
end of the term for which the tuition grant is paid.
2. If a guard member is required to repay a tuition
grant for any of the reasons specified in par. (a), the
department may require the qualifying school that
received the tuition grant on behalf of the guard member
to recover from the guard member the amount of the
tuition grant and remit it to the department. A qualifying
school may take any reasonable action to secure repay-
ment of the amount of a tuition grant under this subdivi-
sion, including placing a hold on course registration or on
the awarding of a degree or certificate, undertaking col-
lection efforts, or initiating legal action.
SECTION 11. 321.40 (5) (d) of the statutes is amended
to read:
321.40 (5) (d) No guard member may receive a
tuition grant under this section unless he or she is a mem-
ber in good standing in the national guard at the time of
completion of the course application for the tuition grant.
SECTION 12. 321.40 (6) of the statutes is created to
read:
321.40 (6) COORDINATION WITH QUALIFYING SCHOOLS.
The department shall consult and coordinate with quali-
fying schools in establishing a process for distributing
tuition grants that accomplishes all of the following:
(a) Maximizes administrative efficiency for qualify-
ing schools in applying tuition grants to student accounts.
(b) Provides tuition grants to students in an expedi-
tious manner that minimizes students’ need to incur debt
while waiting for the grants to fund in their student
accounts.
SECTION 13.0Initial applicability.
(1) This act first applies to applications for tuition
grants for an academic term that begins after the effective
date of this subsection.