SB297: Bill Text

SB297,11,4 (f) Section 704.29 does not apply to the termination of a lease as provided in this subsection.

SB297,11,9 (15) Storage liens. (a) Notwithstanding ss. 704.05 (5) and 704.90, no person may enforce a lien for storage of any household goods, furniture, or personal effects of a service member during the period in which the service member is in military service and for 90 days after the member's completion of military service, except as permitted by a court order under par. (b).

SB297,11,18 (b) No person may exercise any right to foreclose or enforce a lien for the storage of household goods, furniture, or personal effects of a service member during the service member's period of active state service and for 3 months after that period ends except upon an order of the court. In an action under this paragraph, the court, after a hearing, may on its own motion, and shall, on application of the service member or some person acting on behalf of the service member, stay the proceeding or make such other order as may be equitable to conserve the interests of all parties, unless the court determines that the ability of the service member to pay storage charges due is not materially affected by his or her active state service.

SB297,11,20 (c) Any person who violates par. (a) may be fined not more than $10,000 or imprisoned for not more than 9 months or both.

SB297,11,25 (16) Dependent benefits. Upon application to the court, a dependent of a service member is entitled to the same benefits given to a service member while in active state service, unless the court determines that the ability of the dependent to comply with the terms of an obligation, contract, lease, or bailment is not materially impaired by reason of the service member's active state service.

SB297,12,5 (17) Transfers or acquisitions. If a court determines that any interest, property, or contract has been transferred or acquired with the intent to delay the enforcement of a civil right by taking advantage of this section, the court shall enter any judgment or make any order that is just, notwithstanding the provisions of this section.

SB297,12,9 (18) Certificate of service; person reported missing. (a) In any action or proceeding under this section, a certificate signed by the adjutant general or a person designated by the adjutant general as to the period of active service of a service member shall be prima facie evidence as to any of the following facts:

SB297,12,10 1. That the service member named has been in active state service.

SB297,12,12 2. The period of the active state service, including the date the service member was ordered into active state service.

SB297,12,14 3. The monthly pay received by the service member in active state service at the time the certificate was issued.

SB297,12,16 4. If the service member died while in active state service, the date and the place where he or she died.

SB297,12,21 (b) The adjutant general shall provide the certificate under par. (a) upon request of the service member or of a person acting on behalf of the service member or his or her estate, and any certificate so provided shall be prima facie evidence of the facts stated in the certificate and of the authority of the signer to issue the certificate.

SB297,13,2 (c) When a service member in active state service has been reported missing to the department, the service member shall be presumed to continue in active state service until accounted for, and no period limited under this section which begins or ends with the death of a service member shall begin or end until the death of the service member is determined by the department or by a court.

SB297,13,5 (19) Interlocutory orders. A court may revoke, modify, or extend any interlocutory order made by the court under this section, upon the court's own motion or on the motion of a party, upon such notice to the parties as the court may require.

SB297,13,13 (20) Stay of enforcement of obligations or liabilities. (a) A service member may, at any time during his or her period of active state service, or within 6 months after that service ends, apply to a court for relief with respect to any obligation or liability incurred by the service member before his or her period of active state service. The court, after appropriate notice and hearing, may grant the following relief unless the court determines that the ability of the service member to comply with the terms of the obligation or liability has not been materially affected by his or her state active service:

SB297,14,2 1. In the case of an obligation payable in installments under a contract for the purchase of real estate, or secured by a mortgage upon real estate, a stay of the enforcement of the obligation during the period of active state service and, from the date of the end of the period of active state service or from the date of requesting the relief if made after the service is ended, for a period equal to the period of the remaining life of the installment contract or instrument evidencing the obligation plus a period of time equal to the period of active state service, or any part of that combined period. The court may issue a stay under this paragraph if the service member makes payments of the balance of the principal and accumulated interest due and unpaid at the date of the end of the period of active state service or from the date of requesting the relief, whichever is appropriate, in equal installments during the combined period and at the rate of interest as is prescribed in the contract or instrument evidencing the obligation for installments paid when due. The court may order other terms under this paragraph as are just.

SB297,14,13 2. In the case of any other obligation or liability, a stay of the enforcement of that obligation or liability during the service member's period of active state service and, from the date of the end of the period of active state service or from the date of requesting the relief if made after the service is ended, for a period equal to the period of active state service or any part of that period. The court may issue a stay under this paragraph if the service member makes payments of the balance of the principal and accumulated interest due and unpaid at the date of the end of the period of active state service or from the date of requesting the relief, whichever is appropriate, in equal installments during the extended period and at the rate of interest as is prescribed for the obligation or liability when due. The court may order other terms under this paragraph as are just.

SB297,14,17 (b) When a court has granted a stay under this subsection, no penalty may accrue during the period that the terms and conditions of the stay are complied with by reason of the failure to comply with the terms or conditions of the obligation or liability in respect to which the stay was granted.

SB297,14,23 (21) Power of attorney extension for missing service member. (a) A power of attorney that was duly executed by a service member that is reported missing to the department and that designates the service member's spouse, parent or named relative as his or her attorney-in-fact for specified, or all, purposes, and that expires after the service member is reported missing, is extended for the period that the service member is missing.

SB297,15,3 (b) No power of attorney executed after the effective date of this subsection .... [revisor inserts date], by a service member in active state service may be extended under par. (a) if the document creating the power of attorney clearly indicates that the power granted expires on the date specified even if the service member, after the date of execution of the document, is reported missing to the department.

SB297,15,14 (22) Professional liability protection. (a) 1. If a service member who is called into active state service has coverage under a professional liability insurance policy that does not cover claims filed with respect to the service member during the period of active state service unless the premiums are paid for the coverage for that period, the insurer that provides the coverage shall suspend the service member's coverage under the policy upon receipt of a written request from the service member to do so. The insurer may not require that premiums be paid for the suspended coverage. The insurer shall refund any premium amount already paid for coverage of the service member for the period after the coverage is suspended or shall, at the option of the service member, apply such amount to payment of any premium that becomes due upon reinstatement of the coverage.

SB297,15,18 2. Subdivision 1. does not require the suspension of coverage for any other person who has coverage under the policy and who is not a service member called into active state service or relieve any person of the obligation to pay premiums for coverage that is not required to be suspended under subd. 1.

SB297,15,23 (b) 1. Subject to subd. 2., an insurer that suspends coverage under par. (a) is not liable with respect to any claim that is based on the professional conduct, including the failure to take an action in a professional capacity, of the service member that occurs while the service member's professional liability coverage is suspended under this subsection.

SB297,16,4 2. For purposes of subd. 1., a claim that is based on the failure of a professional to make adequate provision for the care of patients during the professional's period of active state service shall be considered to be based on an action or the failure to take action before the beginning of the period during which coverage is suspended under this subsection, unless professional services were provided after the date on which the suspension of coverage began.

SB297,16,12 (c) 1. If a service member whose professional liability insurance coverage is suspended under par. (a) transmits to the insurer, within 30 days after the date on which the service member is released from active state service, a written request for reinstatement of his or her professional liability insurance coverage, the insurer must reinstate the coverage as of the date on which the insurer receives the written request. The period for which the coverage must be reinstated may not be less than the balance of the period for which the coverage would have continued under the policy had the coverage not been suspended.

SB297,16,21 2. Upon receipt of the written request under subd. 1., the insurer shall notify the service member of the due date for paying the premium for the insurance, and the service member shall pay the premium within 30 days after receiving the notice. For the minimum period of reinstatement required under subd. 1., the insurer may not increase the amount of the premium over the amount that was chargeable before the suspension of the coverage for that period, except to the extent of any general increase in premiums charged by the insurer for the same professional liability coverage for persons similarly covered by such insurance during the period of the suspension.

SB297,17,2 (d) 1. Any action or proceeding in any court or before any public agency, as defined in s. 36.54 (2) (a) 2., based on the alleged professional negligence or other professional liability of a service member whose professional liability insurance coverage has been suspended under par. (a) shall be stayed until the end of the period of suspension if all of the following apply:

SB297,17,3 a. The action or proceeding was commenced during the period of suspension.

SB297,17,5 b. The action or proceeding is based on an act or omission that occurred before the date on which the period of suspension began.

SB297,17,8 c. The professional liability insurance policy would, except for the suspension, on its face cover the alleged professional negligence or other professional liability of the service member.

SB297,17,11 2. Whenever an action or proceeding is stayed under subd. 1., the action or proceeding shall be considered to have been filed on the date on which the service member's coverage is reinstated under par. (c) 1.

SB297,17,15 3. In any action or proceeding in which a stay may be granted under subd. 1., the period during which the professional liability insurance coverage is suspended may not be included in computing any limitations period for commencing the action or proceeding.

SB297,17,18 (e) If a service member whose professional liability insurance coverage is suspended under par. (a) dies during the period of suspension, all of the following apply:

SB297,17,20 1. The requirement to stay any action or proceeding under par. (d) 1. terminates on the date of the service member's death.

SB297,17,25 2. The insurer that suspended the coverage is liable for any claim for damages for the professional negligence or other professional liability of the deceased service member in the same manner and to the same extent as the insurer would be liable if the service member had died while covered by the insurance but before the claim was filed.

SB297,18,3 (23) Notice of benefits under this section. The department shall provide each service member a brochure explaining this section when that service member enters active state service.

SB297, s. 2 Section 2. 45.53 (title) of the statutes is amended to read:

SB297,18,5 45.53 (title) Soldiers' and sailors' civil relief act; federal service.

SB297, s. 3 Section 3. Initial applicability.

SB297,18,8 (1) This act first applies to service members who enter active state service on September 12, 2001.

SB297,18,9 (End)