SB281: Bill Text

LRB-4002/2

RPN/MJL/PG:cs&kmg:pg

2001 - 2002 LEGISLATURE

2001 Senate BILL 281

October 16, 2001 - Introduced by Senators Moen, Risser, Erpenbach, Jauch, Burke, Breske, Plache, Zien, Schultz, Wirch, Shibilski, Decker, Grobschmidt, S. Fitzgerald, Hansen, Harsdorf, Baumgart and George, cosponsored by Representatives Musser, Nass, Ryba, Gronemus, Boyle, Suder, Kestell, Jeskewitz, Plouff, Turner, Albers, La Fave, Sykora, Krawczyk, Pettis, Staskunas, Meyerhofer, Bock, Freese, Petrowski, Grothman, Ladwig, Lassa, Berceau and Urban. Referred to Committee on Health, Utilities, Veterans and Military Affairs.

SB281,1,7 An Act to create 21.72, 36.11 (47), 38.12 (13), 39.48, 45.34 (2) (f), 45.35 (5) (e) 9. and 45.71 (16) (am) 11. of the statutes; relating to: eligibility for veterans benefits for those veterans who are involved in Operation Enduring Freedom; the extension or renewal of a license held by a national guard member or member of the U.S. armed forces reserve who is called into active service; college students called to serve in the armed forces; and granting rule-making authority.

Analysis by the Legislative Reference Bureau

Veterans benefits

Under current law, certain persons are eligible for veterans benefits based on their service in the U.S. armed forces during certain periods of war or hostilities, such as Operation Desert Storm or Operation Balkan Endeavor. The benefits that veterans or their eligible spouses and dependents may receive include preference in state hiring, vocational training, economic assistance, personal and home loans, and retraining grants.

This bill provides the same benefits to veterans who were in the U.S. armed forces in Operation Enduring Freedom or a successor operation to Operation Enduring Freedom for 90 days or more and to their eligible spouses and dependents.

Occupational licenses

Under current law, a person must renew a professional or occupational license, permit, certificate, credential, registration, or approval (license) issued by a state agency periodically. If the license is not renewed on time, the person may not engage in the profession or occupation that the license regulates.

This bill provides that any professional or occupational license that a national guard member or member of the U.S. armed forces reserve holds at the time that he or she is called into active duty in state service, or into active service in the U.S. armed forces, does not expire until 90 days after the service member is discharged from that service. The bill permits the service member to extend or renew that extended license at no cost for the period that the license would normally be issued or until the date that the license would normally need to be renewed if he or she requests the extension or renewal within 90 days after his or her discharge, provides documentation showing the period when he or she was in active service, and meets all of the requirements for renewal of the license except the requirement that relates to continuing education or training.

Under the bill, if the license that is renewed at the request of the service member will expire within 180 days after that extension, the licensing agency shall allow the service member to renew the license without meeting the continuing education or training requirements if to do so would cause the service member undue hardship. The licensing agency, under the bill, may require the service member to comply with the continuing education or training requirements within a reasonable time after the license is renewed.

The bill requires the department of military affairs to assist a service member in renewing a license and to prepare and distribute a brochure explaining the rights under the provisions of this bill.

Withdrawal from college

This bill provides that, if a student who is a member of the Wisconsin national guard or a member of a reserve unit of the U.S. armed forces withdraws from a technical college or University of Wisconsin System (UW system) institution because he or she is called into state service or into active service with the U.S. armed forces for at least 30 days, the school must, at the student's request, either: 1) reimburse the student all tuition and fees paid for all courses from which the student had to withdraw and, for UW system students, a prorated portion of room and board payments; or 2) grant the student an incomplete in all such courses and permit the student to complete the courses within six months after leaving service, without paying additional tuition or fees. The bill also provides that such a student who withdraws from a private college or university is entitled to the second option of an incomplete.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB281, s. 1 Section 1. 21.72 of the statutes is created to read:

SB281,3,2 21.72 Extension of licenses for service members. (1) In this section:

SB281,3,4 (a) "License" means any of the following that is issued to an individual and applies to that individual:

SB281,3,5 1. A license issued under s. 13.63 or a registration issued under s. 13.64.

SB281,3,6 2. An approval specified in s. 29.024 (2g).

SB281,3,7 3. A license issued under s. 48.66 and 48.69.

SB281,3,13 4. A license, certificate of approval, provisional license, conditional license, certification, certification card, registration, permit, training permit, or approval specified in s. 49.45 (2) (a) 11., 51.42 (7) (b) 11., 51.421 (3) (a), 146.50 (5) (a) or (b), (6g) (a), (7), or (8) (a) or (f), 250.05 (5), 252.23 (2), 252.24 (2), 254.176, 254.178 (2) (a), 254.20 (2), (3), or (4), 254.64 (1) (a) or (b), 254.71 (2), 255.08 (2) (a), or 343.305 (6) (a) or a permit for the operation of a campground specified in s. 254.47 (1).

SB281,3,14 5. A business tax registration certificate issued under s. 73.03 (50).

SB281,3,16 6. A license, registration, registration certificate, or certification specified in s. 93.135 (1).

SB281,3,17 7. A license, as defined in s. 101.02 (20) (a).

SB281,3,18 8. A license issued under s. 102.17 (1) (c), 104.07, or 105.05.

SB281,3,19 10. A certificate issued under s. 103.275, 103.91, or 103.92.

SB281,3,20 11. A license or permit granted by the department of public instruction.

SB281,3,23 12. A license or certificate of registration issued by the department of financial institutions, or a division of it, under ss. 138.09, 138.12, 217.06, 218.0101 to 218.0163, 218.02, 218.04, 218.05, 224.72, or 224.93 or subch. III of ch. 551.

SB281,3,24 13. A permit issued under s. 170.12.

SB281,3,25 14. A certification under s. 165.85.

SB281,4,2 15. A license, permit, or registration issued under ss. 218.0101 to 218.0163, 218.11, 218.12, 218.22, 218.32, 218.41, 218.51, 341.51, 343.305 (6), 343.61, or 343.62.

SB281,4,3 16. A license, registration, or certification specified in s. 299.08 (1) (a).

SB281,4,5 18. A license, permit, certificate, or registration that is granted under chs. 440 to 480.

SB281,4,6 19. A license issued under ch. 562 or s. 563.24.

SB281,4,8 20. A license issued under s. 628.04, 632.68 (2) or (4), or 633.14 or a temporary license issued under s. 628.09.

SB281,4,9 21. A license to practice law in this state.

SB281,4,10 22. A certificate granted by the technical college system board.

SB281,4,13 (b) "Licensing agency" means a board, examining board, affiliated credentialing board, office, commissioner, department, or division within a department that grants or issues a license.

SB281,4,15 (c) "Service member" means a member of a reserve unit of the U.S. armed forces or a member of the Wisconsin national guard.

SB281,4,24 (2) Any license that a service member holds, the expiration date of which is after September 11, 2001, except a license to practice law, does not expire on the expiration date of the license if, on the expiration date, the service member is on state active duty under ch. 21 or on active duty in the U.S. armed forces. If the supreme court agrees, a license to practice law that a service member holds, the expiration date of which is after September 11, 2001, does not expire on the expiration date of the license if, on the expiration date, the service member is on state active duty under ch. 21 or on active duty in the U.S. armed forces. A license extended under this subsection expires 90 days after the service member is discharged from active duty.

SB281,5,4 (3) The licensing agency or the supreme court shall extend or renew a license extended under sub. (2) until the next date that the license expires or for the period that such license is normally issued, at no cost to the service member, if all of the following conditions are met:

SB281,5,6 (a) The service member requests an extension or renewal of the license within 90 days after the service member is discharged from active duty.

SB281,5,10 (b) The service member provides the licensing agency or supreme court with a copy of a federal or state document that specifies when the service member was called into active duty and when the service member was discharged from active duty.

SB281,5,14 (c) The service member meets all the requirements necessary for the extension or renewal of the license except that the service member need not meet the requirements that relate to continuing education or training if doing so would cause the service member undue hardship.