2007 Wisconsin Act 200

(c) Any person while in the military service of the United States federal active duty or within 6 months after terminating service that duty, or the person's agent or attorney during that period, may petition the circuit court of any county in which the person owns property for relief under this section subsection. Upon filing of the petition the court shall make an order fixing the time of hearing and requiring the giving of notice of the hearing. If after the hearing the court finds that the person is, or within 6 months next preceding the filing of the petition was, in the military service of the United States federal active duty and owns property within the county on which taxes have fallen or will fall due, and that the person's ability to pay the taxes has been materially adversely affected by reason of being in military service federal active duty, the court shall enter an order determining that the person is entitled to relief under this section subsection. The court may suspend proceedings for the collection of taxes on the property for a period not exceeding 6 months after termination of the military service federal active duty of the person, or for the time reasonably necessary to complete the agreement provided in sub. (7) par. (g). Thereafter, the property shall not be included in tax certificates issued to enforce collection of taxes on property, and all proceedings for that purpose shall be suspended, except under terms that the court may order.

(d) Whenever any tax or assessment on real property, including all special assessments, is not paid when due, any interest or penalty under s. 74.47 and the maximum limitation of 6 percent per year as provided under 50 App. USC 501 shall be waived for the purpose and under the conditions specified in this section subsection.

(e) The penalties and interest waived under this section subsection are those for nonpayment of all taxes or assessments, general or special, falling due during the period of military service federal active duty of any person against either real or personal property of which the person is the bona fide owner or in which the person has an interest.

(f) The person owning or having an interest in any property in respect to which the order under sub. (3) par. (c) is made, or the person's agent or attorney, may file a certified copy of the order of suspension with the county treasurer or with the city treasurer of cities authorized by law to sell lands for the nonpayment of taxes as to the taxes and assessments. The person shall file with the order an affidavit in triplicate, sworn to by the person or agent or attorney, setting forth the name of the owner, the legal description of the property, the type of property, when acquired, volume and page number where the deed was recorded if acquired by deed, and the name of the estate if acquired by descent, amount of delinquent taxes if any, and the names of the holders of any outstanding mortgage, lien, or other encumbrance. Upon receipt of the filing, the county treasurer or city treasurer shall record the order in the office of the register of deeds of the county and file a copy in the office of the treasurer, who shall make proper notation that a person in military service federal active duty is the holder of the legal title and has made application for special relief. The county treasurer or city treasurer shall immediately forward an additional copy of the order and affidavit to the office of the clerk of the town, city, or village where the property is located, or if it is located in a city, authorized to sell lands for nonpayment of its taxes, to the commissioner of assessments, who shall make an appropriate notation in the records.

(g) Any person seeking relief under this section subsection, within 6 months after termination of military service federal active duty, or the person's agent or attorney, or in case of death of the person, the personal representative, surviving spouse, or heir, may apply to the county treasurer of the county, or the city treasurer of a city authorized by law to sell lands for the nonpayment of taxes, where the property is located, for an agreement for scheduled installment payments, covering the taxes accrued during the person's period of military service federal active duty, provided that the taxes will be paid over a period of time equal to a period no longer than twice the length of military service federal active duty of the person, in equal periodic installments of not less than $10, and subject to any other terms as may be just and reasonable.

200,146 Section 146. 21.74 (8) of the statutes is renumbered 321.61 (1) (h).

200,147 Section 147. 21.74 (9) of the statutes is renumbered 321.61 (2), and 321.61 (2) (a) 2., (b) 1., (c) and (g), as renumbered, are amended to read:

321.61 (2) (a) 2. "Contract" means an agreement between a person in military service federal active duty and a mobile telephone service provider that requires the person in military service federal active duty to pay the mobile telephone service provider a monthly fee in exchange for the use of a mobile telephone.

(b) 1. The contract was executed by or on behalf of a person in military service federal active duty who entered federal active military duty after the contract was executed.

(c) A person in military service federal active duty may suspend or terminate a contract to which this subsection applies without any penalties or additional fees at any time after the service member person in federal active duty has been issued orders into federal active duty by giving written notice to the mobile telephone service provider. The service member person in federal active duty shall include a copy of the orders into federal active duty as part of the notice. The notice may be given by 1st class mail to the address provided in the agreement with the mobile telephone service provider or provided in the mobile telephone service provider's billing statement or by delivering the notice to the mobile telephone service provider's branch office.

(g) If a mobile telephone service provider assesses a person in military service federal active duty any penalty or fee after the person has suspended or terminated the contract under par. (c) or fails to make any refund required under par. (e), the service member shall have the right to person in federal active duty may bring an action for damages. If the service member person in federal active duty prevails in an action brought under this paragraph, the court shall order the mobile telephone service provider to pay the service member exemplary damages of $2,000.

200,148 Section 148. 21.75 (title) of the statutes is renumbered 321.62 (title) and amended to read:

321.62 (title) Soldiers' and sailors' Service members civil relief act; state service active duty.

200,149 Section 149. 21.75 (1) (intro.) of the statutes is renumbered 321.62 (1) (intro.).

200,150 Section 150. 21.75 (1) (a) of the statutes is repealed.

200,151 Section 151. 21.75 (1) (b), (cm) and (d) of the statutes are renumbered 321.62 (1) (a), (b) and (c) and amended to read:

321.62 (1) (a) "Court" means a Wisconsin circuit court of record, a Wisconsin court of appeals, or the Wisconsin supreme court.

(b) "Period of active state service active duty" means the period beginning on the date on which the service member receives an order to enter state active state service duty and ending on the date of the service member's release from state active state service duty or death while in on state active state service duty.

(c) "Service member" means a resident of this state member of the national guard or state defense force who may be called is ordered into active state service active duty for 30 days or more.

200,152 Section 152. 21.75 (1) (c) of the statutes is repealed.

200,153 Section 153. 21.75 (2) of the statutes is renumbered 321.62 (2), and 321.62 (2) (b) and (c), as renumbered, are amended to read:

321.62 (2) (b) If a service member is the principal on a criminal bail bond and his or her active state service active duty causes the surety upon the bond to be prevented from enforcing the attendance of the service member at court, the court shall not enforce the provisions of the bond during the service member's period of active state service active duty and may either during or after the period of state active service duty discharge the surety and exonerate the bail.

(c) A surety, guarantor, endorser, or other person subject to the obligation, liability, court action, order, writ, or judgment under par. (a) or (b) may waive in writing the rights afforded by this subsection, except that the waiver is not valid unless the waiver is executed as an instrument separate from the obligation, liability, court action, order, writ, or judgment. The waiver under this paragraph is not valid after the beginning of the period of active state service active duty if executed by a service member who subsequently is called ordered into active state service active duty. The waiver under this paragraph is not valid if executed by a dependent of a service member unless the waiver is executed during the period of active state service active duty.

200,154 Section 154. 21.75 (3) of the statutes is renumbered 321.62 (3) and amended to read:

321.62 (3) Effect on rights under a written agreement. This section does not prevent the modification, termination, or cancelation of any contract, lease, bailment, or secured obligation, or the repossession, retention, foreclosure, sale, or forfeiture of property that is security for any obligation or which has been purchased or received under a contract, lease, or bailment under a written agreement of the parties if that agreement is executed during or after the period of active state service active duty.

200,155 Section 155. 21.75 (4) of the statutes is renumbered 321.62 (4).

200,156 Section 156. 21.75 (5) of the statutes is renumbered 321.62 (5), and 321.62 (5) (a) and (b) (intro.) and 1., as renumbered, are amended to read:

321.62 (5) (a) If, in any court action, there is a default of any appearance of the defendant, the plaintiff, when requesting a default judgment, shall file with the court an affidavit setting forth facts showing that the defendant is not in active state service active duty. If the plaintiff is unable to file such an affidavit, the plaintiff shall, when requesting a default judgment, file an affidavit setting forth that the defendant is in active state service active duty or that the plaintiff is unable to determine if the defendant is in active state service active duty. If an affidavit is not filed showing that the defendant is not in active state service active duty, a default judgment may not be entered without a court order. A court may not order the entry of a default judgment if the defendant is in active state service active duty until the court has appointed an attorney to represent the defendant and protect the defendant's interests. Unless the court determines that the defendant is not in active state service active duty, the court may require, as a condition of entering judgment, the plaintiff to file a bond to indemnify the defendant, if he or she is in active state service active duty, against any loss or damage resulting from the judgment if any part of the judgment is later set aside. The court may make any other order as may be necessary to protect the interests of the defendant under this section.

(b) (intro.) If a judgment is rendered in a court action against a service member during the period of active state service active duty or within 30 days after the end of that period of active state service active duty, and it appears that the service member was prejudiced in making a defense by reason of his or her active state service active duty, the court may reopen that judgment if all of the following conditions exist:

1. The service member moves the court to reopen the judgment within 90 days after his or her period of active state service active duty ends.

200,157 Section 157. 21.75 (6) and (7) of the statutes are renumbered 321.62 (6) and (7) and amended to read:

321.62 (6) Stay of action. During any stage of a court action in which a service member in active state service active duty is involved as a party, or within 60 days after the end of the period of active state service active duty, the court in which the action is pending 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 action unless the court determines that the service member's ability to represent his or her interest in the action is not materially affected by reason of his or her active state service active duty.

(7) Stay or vacation of executions or attachments. In any court action that is commenced against a service member before or after entering active state service active duty, or within 60 days after the period of active state service active duty ends, the court 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 execution of any judgment or order entered against the service member, or stay or vacate any attachment or garnishment regarding the service member's property, unless the court determines that the service member's ability to comply with the judgment or order is not materially affected by reason of his or her active state service active duty.

200,158 Section 158. 21.75 (8) of the statutes is renumbered 321.62 (8), and 321.62 (8) (a), as renumbered, is amended to read:

321.62 (8) (a) Any stay of any action, attachment, execution, or garnishment under this section may be ordered for the period of the active state service active duty and 3 months 90 days after that period has ended, or for any part of that time.

200,159 Section 159. 21.75 (9) and (10) of the statutes are renumbered 321.62 (9) and (10) and amended to read:

321.62 (9) Statutes of limitations. The period of active state service active duty may not be included in computing any period for the bringing of any action or proceeding in any court or before any public agency, as defined in s. 36.54 (2) (a) 2., by or against a person in active state service active duty or by or against his or her heirs, personal representatives, or assigns, whether the cause of action or proceeding or the right to bring the action or proceeding accrued before or during the period of active state service active duty.

(10) Maximum interest rate. No obligation or liability bearing interest at a rate in excess of 6% 6 percent per year incurred by a service member in active state service active duty before his or her entry into that service duty may, during any part of the period of active state service active duty, bear interest in excess of 6% 6 percent per year except by court order. If, upon application by an obligee, a court determines that the ability of the service member to pay interest upon the obligation or liability at a rate in excess of 6% 6 percent per year is not materially affected by reason of his or her active state service active duty, the court may make any order that is just. In this subsection, "interest" includes service charges, renewal charges, fees, or other charges, other than insurance, in respect to the obligation or liability.

200,160 Section 160. 21.75 (11) of the statutes is renumbered 321.62 (11), and 321.62 (11) (a) and (b), as renumbered, are amended to read:

321.62 (11) (a) No eviction may be made during the period of active state service active duty in respect to any premises for which the agreed rent does not exceed $1,200 per month the amount specified in 50 USC App. 531, occupied chiefly for dwelling purposes by the spouse, children, or other dependents of a service member who is in active state service active duty, except upon order of a court in an action affecting the right of possession.

(b) In an action for eviction under par. (a), the court 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 proceedings for not longer than 3 months 90 days unless the court determines that the ability of the tenant to pay the agreed rent is not materially affected by the active state service active duty. The court may make any other order in the eviction action as it considers necessary and just. If a stay or order is issued under this paragraph, the court may, upon the request of the owner of the premises, make any other order as may be applicable to conserve the interests of all of the parties.

200,161 Section 161. 21.75 (12) of the statutes is renumbered 321.62 (12), and 321.62 (12) (a), (b) (intro.) and (c) 1., as renumbered, are amended to read:

321.62 (12) (a) In this subsection, "obligation" means an obligation of a service member in active state service active duty that was incurred before the service member's period of active state service active duty began and that is secured by a mortgage, deed of trust, or other security in the nature of a mortgage on real or personal property that is owned by the service member.

(b) (intro.) If a court action against a service member is commenced during the service member's period of active state service active duty to enforce an obligation for nonpayment of any sum due or for any other breach of terms occurring before or during the service member's period of active state service active duty, the court shall hold a hearing on the matter. Unless the court determines that the service member's ability to comply with the terms of the obligation is not materially affected by reason of his or her active state service active duty, the court on its own motion may, or upon application of the service member or another person on his or her behalf shall, do any of the following:

(c) 1. Notwithstanding the times provided in ss. 846.10, 846.101, 846.102, and 846.103 for sales of real property, no foreclosure, sale, or seizure of property for nonpayment of any sum due or for any other breach of terms is valid if it occurs during or within 3 months 90 days after the service member's period of active state service active duty, unless the court ordered the foreclosure, sale, or seizure of property before the beginning of the service member's period of active state service active duty and approves the foreclosure, sale, or seizure after it occurs.

200,162 Section 162. 21.75 (13) of the statutes is renumbered 321.62 (13) and amended to read:

321.62 (13) Personal property contracts. When an action to resume possession of personal property, or to rescind or terminate a contract for the purchase of personal property, has been stayed under this section, the court may appoint 3 disinterested persons to appraise the property. Based upon the report of the appraisers, and unless undue hardship would result to the dependents of the service member in active state service active duty, the court may order that a sum be paid to the service member as a condition of resuming possession of the property or rescinding or terminating the contract.

200,163 Section 163. 21.75 (14) of the statutes is renumbered 321.62 (14), and 321.62 (14) (a) 1. and (b), as renumbered, are amended to read:

321.62 (14) (a) 1. The lease was executed by or on behalf of a service member who entered active state service active duty after the lease was executed.

(b) A lease to which this subsection applies may be terminated by the service member at any time after the beginning of the service member's period of active state service active duty by giving notice in writing by personal delivery or first class mail to the landlord or the person who has been receiving rent or managing the property as the landlord's agent.

200,164 Section 164. 21.75 (15) of the statutes is renumbered 321.62 (15), and 321.62 (15) (a) and (b), as renumbered, are amended to read:

321.62 (15) (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 state active duty and for 90 days after the member's completion of military service state active duty, except as permitted by a court order under par. (b).

(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 active duty and for 3 months 90 days 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 active duty.

200,165 Section 165. 21.75 (16) of the statutes is renumbered 321.62 (16) and amended to read:

321.62 (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 active duty, 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 active duty.

200,166 Section 166. 21.75 (17) of the statutes is renumbered 321.62 (17).

200,167 Section 167. 21.75 (18) of the statutes is renumbered 321.62 (18) and amended to read:

321.62 (18) Certificate of service state active duty; 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 state active service duty of a service member shall be prima facie evidence as to any of the following facts unless shown to be incorrect:

1. That the service member named has been in active state service active duty.

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

3. The monthly pay received by the service member in active state service active duty at the time the certificate was issued.

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

(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 unless shown to be incorrect.

(c) When a service member in active state service active duty has been reported missing to the department, the service member shall be presumed to continue in active state service active duty 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.

200,168 Section 168. 21.75 (19) of the statutes is renumbered 321.62 (19).

200,169 Section 169. 21.75 (20) of the statutes is renumbered 321.62 (20), and 321.62 (20) (a), as renumbered, is amended to read:

321.62 (20) (a) A service member may, at any time during his or her period of active state service active duty, or within 6 months 180 days after that service duty 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 active duty. 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 duty:

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 active duty and, from the date of the end of the period of active state service active duty or from the date of requesting the relief if made after the service state active duty 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 active duty, 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 active duty 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.

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 active duty and, from the date of the end of the period of active state service active duty or from the date of requesting the relief if made after the service duty is ended, for a period equal to the period of active state service active duty 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 active duty 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.

200,170 Section 170. 21.75 (21) of the statutes is renumbered 321.62 (21), and 321.62 (21) (b), as renumbered, is amended to read:

321.62 (21) (b) No power of attorney executed after December 14, 2001, by a service member in active state service active duty 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.

200,171 Section 171. 21.75 (22) of the statutes is renumbered 321.62 (22), and 321.62 (22) (a), (b) 2. and (c) 1., as renumbered, are amended to read:

321.62 (22) (a) 1. If a service member who is called ordered into active state service active duty 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 active duty 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.

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 ordered into active state service active duty or relieve any person of the obligation to pay premiums for coverage that is not required to be suspended under subd. 1.

(b) 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 active duty 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.

(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 active duty, 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.

200,172 Section 172. 21.75 (23) of the statutes is renumbered 321.62 (23) and amended to read:

321.62 (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 active duty.

200,173 Section 173. 21.78 (title), (1), (2), (3) and (4) of the statutes are renumbered 321.63 (title), (1), (2), (3) and (4) and amended to read:

321.63 (title) Employees Local government employees or officers in military service federal active duty. (1) The governing body of any county, town, city, village, school district, or technical college district A local governmental unit, as defined in s. 66.0135 (1) (c), may grant a leave of absence to any employee or officer who is inducted or who enlists in the U.S. armed forces for a period of military service federal active duty of not more than 4 5 years unless the employee is involuntarily retained for a longer period. No salary or compensation of the employee or officer shall be paid, nor claim for the salary or compensation exist, during the leave of absence, except as provided in this section. If the employee's or officer's salary or compensation is less in the U.S. armed forces than was paid by the county, town, city, village, school district, or technical college district local governmental unit, that governmental unit may pay the employee or officer the difference between the salary or compensation paid by the U.S. armed forces and the salary or compensation that the employee or officer was paid by the county, town, city, village, school district, or technical college district local governmental unit at the time that he or she enlisted in or was inducted into the U.S. armed forces.

(2) The governing body local governmental unit may provide for safeguarding the reinstatement and pension rights, as limited in this section, of any employee or officer so inducted or enlisted.

(3) No employee or officer who is appointed to fill the place of any employee or officer so inducted or enlisted shall acquire permanent tenure during the period of the replacement service.

(4) If the leave of absence under sub. (1) is granted to an elected or appointed official or employee and the official or employee has begun service in the U.S. armed forces federal active duty, a temporary vacancy exists and a successor may be appointed to fill the unexpired term of the official or employee, or until the official or employee returns and files an election to resume the office if the date of the filing is prior to the expiration of the term. The appointment shall be made in the manner provided for the filling of vacancies caused by death, resignation, or otherwise, except that no election need be held to fill a temporary vacancy. The appointee has all the powers, duties, liabilities, and responsibilities and shall be paid and receive the compensation and other benefits of the office or position, unless otherwise provided by the governing body local governmental unit. Within 40 days after the termination of service in the U.S. armed forces federal active duty, the elected or appointed official or employee, upon filing with the clerk of the local governmental unit, a statement under oath of termination and that the official or employee elects to resume the office or position, may resume the office or position for the remainder of the term for which elected or appointed. The person temporarily filling the vacancy shall cease to hold the office on the date of the filing.

200,174 Section 174. 21.78 (5) of the statutes is repealed.

200,175 Section 175. 21.79 of the statutes is renumbered 321.64, and 321.64 (title), (1) (a) (intro.), 1., 3. and 5., (2) and (4), as renumbered, are amended to read:

321.64 (title) Reemployment after completion of military service federal active duty or service. (1) (a) (intro.) Any person who has enlisted or enlists in or who has been or is inducted or ordered into active service in the U.S. armed forces pursuant to 50 App. USC 301, 401, and 451, or P.L. 87-117 federal active duty for 90 days or more, and any person whose services are requested by the federal government for national defense work as a civilian during a period officially proclaimed to be a national emergency or a limited national emergency, who, to perform the training duty or service, has left or leaves a position, other than a temporary position, in the employ of any political subdivision of the state or in the employ of any private or other employer, shall be restored to that position or to a position of like seniority, status, pay, and salary advancement as though service toward seniority, status, pay, or salary advancement had not been interrupted by the absence, if all of the following conditions are met:

1. The person presents to the employer evidence of satisfactory completion of the period of training or civilian federal active duty or federal government service, or of discharge from the U.S. armed forces under conditions other than dishonorable.

3. The person makes application for reemployment and resumes work within 90 days after completion of the training or federal active duty or federal government service, military or civilian, or was so discharged from the U.S. armed forces, or within 6 months after release from hospitalization for duty-connected or service-connected injury or disease.

5. The military service federal active duty or federal government service was not for more than 4 5 years unless extended by law.