AB400,45,2518
321.40
(5) Repayment of grants. The department shall require a
national 19guard member who has received a
tuition grant under this section to repay the
20amount of the
tuition grant to the department if the national guard member
, on or
21after September 1, 2001, is separated from the national guard for misconduct, as
22defined in the rules and regulations of the national guard, including being absent
23without leave for more than 9 unit training assemblies. The department may elect
24to collect the amount owed under this subsection through the tax intercept program
25under s. 71.93.
AB400,46,3
1(6) Limitations. (a) No guard member is eligible for
benefits a tuition grant 2under this section for more than 120 credits of part-time study or 8 full semesters
3of full-time study or the equivalent thereof.
AB400,46,94
(b) If the U.S. congress establishes an active draft after July 1, 1977, no new
5tuition grants may be authorized under this section. The department shall
6determine if an active draft has been established. Any termination of the
tuition 7grant program under this paragraph shall allow persons receiving grants prior to the
8establishment of an active draft to receive full benefits subject to sub.
(3) (4) (d) and
9par. (a).
AB400,46,1110
(c) No guard member may receive a
tuition grant under sub.
(3) (4) for any
11semester in which he or she received a payment under s. 45.20 (2).
AB400, s. 121
12Section
121. 21.50 (title) of the statutes is renumbered 321.21 (title).
AB400, s. 122
13Section
122. 21.50 (1) and (2) of the statutes are renumbered 321.21 (2) (a) and
14(b) and amended to read:
AB400,46,2415
321.21
(2) (a) Each commanding officer
to whom state or federal who is issued
16military property
is issued may be required to execute to the state a bond, with such
17sureties and in such form and amount as the adjutant general shall approve,
18conditioned for the faithful preservation and care of all such arms, accoutrements
19moneys, or stores that the officer received, to indemnify the state against loss by
20misuse or misapplication by the officer or any other person; to
or money shall account
21for
all of the same according to law, and to the property and money, deliver
the same 22the property and money to any officer
lawfully entitled
thereto, on demand to receive
23them, and
to pay
all sums lawfully appraised for
all losses or damages
to that
24property or money.
AB400,47,8
1(b) The unit commander
is the legal custodian
has control of the money
, and
2military property
and effects of any
company sized unit
or detachment of the national
3guard, whether
said the money or property is
owned by said assigned to the unit
or
4detachment or its members collectively, or has been issued to it or any of its officers,
5for its use
, by
the state or
the United States
authority, and. The unit commander may
6sue for and recover possession of the
same money or military property, whenever
it
7is wrongfully withheld from the
unit commander's custody or the custody control of
8the unit
or detachment.
AB400, s. 123
9Section
123. 21.50 (3) and (4) of the statutes are repealed.
AB400, s. 124
10Section
124. 21.51 of the statutes is renumbered 321.13.
AB400, s. 125
11Section
125. 21.52 of the statutes is renumbered 321.14 and amended to read:
AB400,47,14
12321.14 Authority to administer oaths. Any officer of the national guard or
13any officer of the U.S. armed forces may administer oaths of enlistment
in the
14national guard.
AB400, s. 126
15Section
126. 21.54 of the statutes is renumbered 321.15 and amended to read:
AB400,47,22
16321.15 Resignation of officer. A commissioned officer may resign
the
17officer's his or her commission
by submitting the written resignation to
the officer's 18his or her immediate commanding officer
, in writing, who. The commanding officer 19shall promptly forward the
same resignation through military channels to the
20adjutant general. The governor shall, by order, accept or reject the
same resignation,
21and, if accepted, fix the
effective date of
its taking effect. No the resignation
shall
22take effect except as so ordered.
AB400, s. 127
23Section
127. 21.56 (title) of the statutes is repealed.
AB400, s. 128
24Section
128. 21.56 (1) and (2) of the statutes are renumbered 321.21 (3) (a) and
25(b) and amended to read:
AB400,48,10
1321.21
(3) (a) All state-owned military property
or money issued to any officer
2or armory facility manager shall be audited annually as a part of the annual
3inspection of federal property accounts. When
damages
damage, other than
fair 4reasonable wear and tear
, or loss of state-owned property is discovered, the adjutant
5general shall appoint a surveying officer to determine the cause and fix blame. Upon
6review, the adjutant general may hold responsible individuals
pecuniarily 7financially liable
, and may require a depreciated payment, as determined by the
8adjutant general, into the state treasury. If it is determined that the property
or
9money was damaged, destroyed or lost without fault or neglect on the part of those
10responsible, all concerned
may shall be relieved of liability.
AB400,48,1311
(b) Whenever any state-owned military property becomes unsuitable,
12unserviceable
, or no longer required for military purposes, it shall be disposed of as
13surplus property subject to s. 16.72 (4) and (5).
AB400, s. 129
14Section
129. 21.57 (title) of the statutes is repealed.
AB400, s. 130
15Section
130. 21.57 (1) and (2) of the statutes are renumbered 321.21 (4) (a) and
16(b) and amended to read:
AB400,48,2217
321.21
(4) (a)
Whenever any When an officer who is responsible for
state 18military property
or money is separated or reassigned, all
military property
or money 19in the officer's possession or for which the officer is responsible shall
be delivered to 20become the responsibility of the person
designated the adjutant general designates 21to receive the property
by the adjutant general or money. No separation
or
22reassignment shall be effective until all
property accounts have been settled.
AB400,49,223
(b)
In case of the death of any If an officer having
custody control of
state 24military property
or money dies, the next in command shall immediately take charge
25of
such the property
or money and deliver
the same the property or money to the
1person
the adjutant general appointed to
receive control the property
by the adjutant
2general or money.
AB400, s. 133
5Section
133. 21.61 (title) of the statutes is repealed.
AB400, s. 134
6Section
134. 21.61 (1), (3), (4) and (5) of the statutes are renumbered 321.23
7(1) (a), (b), (c) and (d) and amended to read:
AB400,49,218
321.23
(1) (a)
The governing body of any city, village, town or county A political
9subdivision or federally recognized Indian tribe or band in which one or more
10companies units of the national guard
may be is located may
erect build or purchase
11a suitable armory for the purpose of drill and for the safekeeping of
the arms,
12equipment, uniforms and other military property
furnished by the state, and for
13public meetings and conventions, when
such that use will not interfere with the use
14of
such the building by the national guard.
Plans and specifications The adjutant
15general and the building commission may review and approve or reject plans and
16specifications for
such the armories
shall be inspected and approved by the governor
17and the adjutant general who. The adjutant general and the department of
18administration shall file with the
governing body of the city, village, town or county 19political subdivision or the federally recognized Indian tribe or band a certificate of
20such inspection and approval
prior to
before the
erection thereof construction of an
21armory.
AB400,50,1222
(b)
The governing body of any city, village, town or county A political
23subdivision or federally recognized Indian tribe or band in which any
such company 24unit of the national guard
may be
is located may purchase land and build armories
25in the same manner as the
governing body political subdivision or tribe or band is
1now authorized by law to build other
city, village, town or county buildings
, and
2when. When unable to agree upon the price of land with its owner
, the political
3subdivision or federally recognized Indian tribe or band may
, if in its opinion
4necessary, appropriate land for the purpose of building armories in the same manner
5as the
governing body political subdivision or tribe or band is now authorized by law
6to appropriate real estate for other
city, village, town or county buildings.
In case
7however If a
city, village, town or county shall have political subdivision or federally
8recognized Indian tribe or band aided in the
erection building of an armory and the
9company or companies of the national guard for which the armory was
erected shall
10at any time be built is disbanded,
then the armory shall become the property of the
11city, village, town or county in which political subdivision or tribe or band that aided
12in the building of the armory
is erected.
AB400,50,2113
(c)
Such The armory, when
erected built or purchased, shall be under the
14control and charge of the governor, the adjutant general
, and
the commanding officer
15of the
company or companies unit of the national guard for which it has been
16provided. The commanding officer shall
cause to be deposited therein, deposit in the
17armory all
arms, uniforms and equipment military property received from the
18governor and the adjutant general
who. The adjutant general may
make such rules
19as they deem proper for the observance of issue regulations, instructions, or policies
20to be followed by all officers and persons having charge of
such the armories or
21occupying any part
thereof of the armories.
AB400,51,522
(d) Whenever any
county, city, town or village erects
political subdivision or
23federally recognized Indian tribe or band constructs a building as a memorial to the
24soldiers, sailors and marines members of the U.S. armed forces or national guard 25who served in any war or armed conflict of the United States and makes provision
1therein in the memorial building for the accommodation of one or more companies
2of the national guard having no regularly established armory, the
governor, adjutant
3general
or other state officers having control of armory accommodations and
4regulations shall, whenever practicable, rent the armory provided in
such the 5memorial building for the use of
those companies of the national guard.
AB400, s. 136
7Section
136. 21.616 (title) of the statutes is repealed.
AB400, s. 137
8Section
137. 21.616 of the statutes is renumbered 321.23 (2) and amended to
9read:
AB400,51,2310
321.23
(2) The department
of military affairs is authorized and directed may,
11when contributions
therefor are made available by the federal government under
the
12national defense facilities act of 1950 or any act or acts amendatory thereof or
13supplementary thereto, to federal law, expand, rehabilitate, equip
, or convert
14facilities owned by the state and
to acquire, construct, expand, rehabilitate, equip
, 15or convert additional facilities. The department
of military affairs may
on the part
16of the state accept
such the federal contributions in the manner prescribed by federal
17law or regulation, and may accept
on behalf of the state the lawful terms and
18conditions
thereof of a federal contribution. The department
of military affairs shall
19take such steps and have all the functions and has the duties and powers necessary
, 20consistent with the appropriation therefor, to acquire contributions under
any such 21federal
act law and to undertake and complete
any such a project
described in this
22subsection in conformity with the applicable federal
act law and this
section 23subsection.
AB400, s. 140
1Section
140. 21.70 (title) of the statutes is repealed.
AB400, s. 141
2Section
141. 21.70 (1) and (2) of the statutes are renumbered 321.02 (1) and
3(2) and amended to read:
AB400,52,144
321.02
(1) The governor may request volunteers
of from the national guard to
5provide assistance to federal, state and local law enforcement officers, within or
6outside the boundaries of this state, in drug interdiction and counter-drug activities
7under
32 USC 112. These activities may include the operation and maintenance of
8equipment and facilities. The governor may order, with their consent, any national
9guard members who volunteer under this
section subsection to duty in federally
10funded status. The governor may delegate his or her authority under this
section 11subsection to the adjutant general. The adjutant general shall follow all laws and
12regulations of the U.S. department of defense when ordering national guard
13members to perform drug interdiction and counter-drug activities under this
section 14subsection.
AB400,52,18
15(2) A national guard member assisting in drug interdiction and counter-drug
16activities under this
section subsection shall obey
and execute the instructions of a
17law enforcement officer
from the assisted agency involved in these activities
that are 18given to the national guard member through the military chain of command.
AB400, s. 142
19Section
142. 21.72 of the statutes is renumbered 321.60, and 321.60 (1) (c), (2),
20(5) and (6), as renumbered, are amended to read:
AB400,52,2321
321.60
(1) (c) "Service member" means a member of a reserve unit of the U.S.
22armed forces
, a member of the state defense force, or a member of a national guard
23unit of any state who is a resident of Wisconsin.
AB400,53,7
24(2) Any license that a service member holds, the expiration date of which is
25after September 11, 2001, except a license to practice law, does not expire on the
1expiration date of the license if, on the expiration date, the service member is on
state
2active duty under ch. 21 or on active duty
in the U.S. armed forces. If the supreme
3court agrees, a license to practice law that a service member holds, the expiration
4date of which is after September 11, 2001, does not expire on the expiration date of
5the license if, on the expiration date, the service member is on
state active duty
under
6ch. 21 or on active duty in the U.S. armed forces. A license extended under this
7subsection expires 90 days after the service member is discharged from active duty.
AB400,53,9
8(5) The department
of military affairs shall assist any service member who
9needs assistance to renew or extend a license under this section.
AB400,53,12
10(6) The department
of military affairs shall prepare and distribute to
11appropriate agencies and persons, at no cost to those agencies or persons, a brochure
12explaining the provisions of this section.
AB400, s. 143
13Section
143. 21.74 (title) of the statutes is renumbered 321.61 (title) and
14amended to read:
AB400,53,16
15321.61 (title)
Soldiers and sailors Service members civil relief act for
16property taxes and mobile telephone contracts; federal
service active duty.
AB400, s. 144
17Section
144. 21.74 (1) of the statutes is renumbered 321.61 (1) (a) and
18amended to read:
AB400,53,1919
321.61
(1) (a) In this
section subsection, unless the context indicates otherwise:
AB400,54,220
1. "Interest and penalties" means interest and penalties accruing on taxes
21during the period of
military service federal active duty and 6 months thereafter. In
22case several owners jointly own property, other than property held jointly or as
23marital property with the spouse of the person in
military service federal active duty,
24interest and penalties means the proportionate share of the total interest and
1penalties commensurate with the equity in the property of the person in
military
2service federal active duty.
AB400,54,53
2. "Person in
military service federal active duty" means any man or woman
4who is serving
on in federal active duty
in the U.S. armed forces, except service on
5active duty for training purposes for a period of 90 days or more.
AB400,54,86
3. "Property" means any real estate or personal property belonging to a person
7in
military service federal active duty that was acquired prior to the commencement
8of
military service the federal active duty or that was acquired by descent.
AB400,54,109
4. "Taxes" means any
general property taxes or special assessments or tax
10certificates evidencing those taxes and assessments not belonging to private buyers.
AB400, s. 145
11Section
145. 21.74 (2), (3), (4), (5), (6) and (7) of the statutes are renumbered
12321.61 (1) (b), (c), (d), (e), (f) and (g) and amended to read:
AB400,54,1713
321.61
(1) (b) To supplement and complement the provisions of 50 App. USC
14501, and to afford and obtain greater peace and security for persons in
military
15service federal active duty, the enforcement of certain tax obligations or liabilities
16that may prejudice the property rights of persons in
military service federal active
17duty may be temporarily suspended as provided in this
section subsection.
AB400,55,1018
(c) Any person
while in
the military service of the United States federal active
19duty or within 6 months after terminating
service
that duty, or the person's agent or
20attorney during that period, may petition the circuit court of any county in which the
21person owns property for relief under this
section
subsection. Upon filing of the
22petition the court shall make an order fixing the time of hearing and requiring the
23giving of notice of the hearing. If after the hearing the court finds that the person
24is, or within 6 months next preceding the filing of the petition was, in
the military
25service of the United States federal active duty and owns property within the county
1on which taxes have fallen or will fall due, and that the person's ability to pay the
2taxes has been materially adversely affected by reason of being in
military service 3federal active duty, the court shall enter an order determining that the person is
4entitled to relief under this
section subsection. The court may suspend proceedings
5for the collection of taxes on the property for a period not exceeding 6 months after
6termination of the
military service federal active duty of the person, or for the time
7reasonably necessary to complete the agreement provided in
sub. (7) par. (g).
8Thereafter, the property shall not be included in tax certificates issued to enforce
9collection of taxes on property, and all proceedings for that purpose shall be
10suspended, except under terms that the court may order.
AB400,55,1511
(d) Whenever any tax or assessment on real property, including all special
12assessments, is not paid when due, any interest or penalty under s. 74.47 and the
13maximum limitation of 6 percent per year
as provided under 50 App. USC 501 shall
14be waived for the purpose and under the conditions specified in this
section 15subsection.
AB400,55,2016
(e) The penalties and interest waived under this
section subsection are those
17for nonpayment of all taxes or assessments, general or special, falling due during the
18period of
military service federal active duty of any person against either real or
19personal property of which the person is the bona fide owner or in which the person
20has an interest.
AB400,56,1421
(f) The person owning or having an interest in any property in respect to which
22the order under
sub. (3) par. (c) is made, or the person's agent or attorney, may file
23a certified copy of the order of suspension with the county treasurer or with the city
24treasurer of cities authorized by law to sell lands for the nonpayment of taxes as to
25the taxes and assessments. The person shall file with the order an affidavit in
1triplicate, sworn to by the person or agent or attorney, setting forth the name of the
2owner, the legal description of the property, the type of property, when acquired,
3volume and page number where the deed was recorded if acquired by deed, and the
4name of the estate if acquired by descent, amount of delinquent taxes if any, and the
5names of the holders of any outstanding mortgage, lien, or other encumbrance. Upon
6receipt of the filing, the county treasurer or city treasurer shall record the order in
7the office of the register of deeds of the county and file a copy in the office of the
8treasurer, who shall make proper notation that a person in
military service federal
9active duty is the holder of the legal title and has made application for special relief.
10The county treasurer or city treasurer shall immediately forward an additional copy
11of the order and affidavit to the office of the clerk of the town, city, or village where
12the property is located, or if it is located in a city, authorized to sell lands for
13nonpayment of its taxes, to the commissioner of assessments, who shall make an
14appropriate notation in the records.
AB400,56,2515
(g) Any person seeking relief under this
section
subsection, within 6 months
16after termination of
military service federal active duty, or the person's agent or
17attorney, or in case of death of the person, the personal representative, surviving
18spouse, or heir, may apply to the county treasurer of the county, or the city treasurer
19of a city authorized by law to sell lands for the nonpayment of taxes, where the
20property is located, for an agreement for scheduled installment payments, covering
21the taxes accrued during the person's period of
military service federal active duty,
22provided that the taxes will be paid over a period of time equal to a period no longer
23than twice the length of
military service federal active duty of the person, in equal
24periodic installments of not less than $10, and subject to any other terms as may be
25just and reasonable.
AB400, s. 146
1Section
146. 21.74 (8) of the statutes is renumbered 321.61 (1) (h).
AB400, s. 147
2Section
147. 21.74 (9) of the statutes is renumbered 321.61 (2), and 321.61 (2)
3(a) 2., (b) 1., (c) and (g), as renumbered, are amended to read:
AB400,57,74
321.61
(2) (a) 2. "Contract" means an agreement between a person in
military
5service federal active duty and a mobile telephone service provider that requires the
6person in
military service federal active duty to pay the mobile telephone service
7provider a monthly fee in exchange for the use of a mobile telephone.
AB400,57,108
(b) 1. The contract was executed by or on behalf of a person in
military service 9federal active duty who entered
federal active
military duty after the contract was
10executed.
AB400,57,2011
(c) A person in
military service federal active duty may suspend or terminate
12a contract to which this subsection applies without any penalties or additional fees
13at any time after the
service member person in federal active duty has been issued
14orders into
federal active duty by giving written notice to the mobile telephone
15service provider. The
service member person in federal active duty shall include a
16copy of the orders into
federal active duty as part of the notice. The notice may be
17given by 1st class mail to the address provided in the agreement with the mobile
18telephone service provider or provided in the mobile telephone service provider's
19billing statement or by delivering the notice to the mobile telephone service
20provider's branch office.
AB400,58,221
(g) If a mobile telephone service provider assesses a person in
military service 22federal active duty any penalty or fee after the person has suspended or terminated
23the contract under par. (c) or fails to make any refund required under par. (e), the
24service member shall have the right to person in federal active duty may bring an
25action for damages. If the
service member person in federal active duty prevails in
1an action brought under this paragraph, the court shall order the mobile telephone
2service provider to pay the service member exemplary damages of $2,000.
AB400, s. 148
3Section
148. 21.75 (title) of the statutes is renumbered 321.62 (title) and
4amended to read:
AB400,58,6
5321.62 (title)
Soldiers' and sailors' Service members civil relief act;
6state service active duty.
AB400, s. 149
7Section
149. 21.75 (1) (intro.) of the statutes is renumbered 321.62 (1) (intro.).
AB400, s. 150
8Section
150. 21.75 (1) (a) of the statutes is repealed.
AB400, s. 151
9Section
151. 21.75 (1) (b), (cm) and (d) of the statutes are renumbered 321.62
10(1) (a), (b) and (c) and amended to read:
AB400,58,1211
321.62
(1) (a) "Court" means a
Wisconsin circuit court
of record, a Wisconsin
12court of appeals, or the Wisconsin supreme court.
AB400,58,1613
(b) "Period of
active state
service active duty" means the period beginning on
14the date on which the service member receives an order to enter
state active
state
15service duty and ending on the date of the service member's release from
state active
16state service duty or death while
in on state active
state service
duty.
AB400,58,1917
(c) "Service member" means a
resident of this state member of the national
18guard or state defense force who
may be called
is ordered into
active state
service 19active duty for 30 days or more.
AB400, s. 152
20Section
152. 21.75 (1) (c) of the statutes is repealed.
AB400, s. 153
21Section
153. 21.75 (2) of the statutes is renumbered 321.62 (2), and 321.62 (2)
22(b) and (c), as renumbered, are amended to read:
AB400,59,323
321.62
(2) (b) If a service member is the principal on a criminal bail bond and
24his or her
active state
service
active duty causes the surety upon the bond to be
25prevented from enforcing the attendance of the service member at court, the court
1shall not enforce the provisions of the bond during the service member's period of
2active state
service active duty and may either during or after the period of
state 3active
service duty discharge the surety and exonerate the bail.
AB400,59,134
(c) A surety, guarantor, endorser, or other person subject to the obligation,
5liability, court action, order, writ, or judgment under par. (a) or (b) may waive in
6writing the rights afforded by this subsection, except that the waiver is not valid
7unless the waiver is executed as an instrument separate from the obligation, liability,
8court action, order, writ, or judgment. The waiver under this paragraph is not valid
9after the beginning of the period of
active state
service active duty if executed by a
10service member who subsequently is
called ordered into
active state
service active
11duty. The waiver under this paragraph is not valid if executed by a dependent of a
12service member unless the waiver is executed during the period of
active state
service 13active duty.
AB400, s. 154
14Section
154. 21.75 (3) of the statutes is renumbered 321.62 (3) and amended
15to read:
AB400,59,2216
321.62
(3) Effect on rights under a written agreement. This section does not
17prevent the modification, termination, or cancelation of any contract, lease,
18bailment, or secured obligation, or the repossession, retention, foreclosure, sale, or
19forfeiture of property that is security for any obligation or which has been purchased
20or received under a contract, lease, or bailment under a written agreement of the
21parties if that agreement is executed during or after the period of
active state
service 22active duty.
AB400, s. 155
23Section
155. 21.75 (4) of the statutes is renumbered 321.62 (4).
AB400, s. 156
24Section
156. 21.75 (5) of the statutes is renumbered 321.62 (5), and 321.62 (5)
25(a) and (b) (intro.) and 1., as renumbered, are amended to read:
AB400,60,17
1321.62
(5) (a) If, in any court action, there is a default of any appearance of the
2defendant, the plaintiff, when requesting a default judgment, shall file with the court
3an affidavit setting forth facts showing that the defendant is not in
active state
4service active duty. If the plaintiff is unable to file such an affidavit, the plaintiff
5shall, when requesting a default judgment, file an affidavit setting forth that the
6defendant is in
active state
service
active duty or that the plaintiff is unable to
7determine if the defendant is in
active state
service active duty. If an affidavit is not
8filed showing that the defendant is not in
active state
service active duty, a default
9judgment may not be entered without a court order. A court may not order the entry
10of a default judgment if the defendant is in
active state
service active duty until the
11court has appointed an attorney to represent the defendant and protect the
12defendant's interests. Unless the court determines that the defendant is not in
active 13state
service active duty, the court may require, as a condition of entering judgment,
14the plaintiff to file a bond to indemnify the defendant, if he or she is in
active state
15service active duty, against any loss or damage resulting from the judgment if any
16part of the judgment is later set aside. The court may make any other order as may
17be necessary to protect the interests of the defendant under this section.
AB400,60,2318
(b) (intro.) If a judgment is rendered in a court action against a service member
19during the period of
active state
service active duty or within 30 days after the end
20of that period of
active state
service active duty, and it appears that the service
21member was prejudiced in making a defense by reason of his or her
active state
22service active duty, the court may reopen that judgment if all of the following
23conditions exist:
AB400,60,2524
1. The service member moves the court to reopen the judgment within 90 days
25after his or her period of
active state
service active duty ends.
AB400, s. 157
1Section
157. 21.75 (6) and (7) of the statutes are renumbered 321.62 (6) and
2(7) and amended to read:
AB400,61,103
321.62
(6) Stay of action. During any stage of a court action in which a service
4member in
active state
service active duty is involved as a party, or within 60 days
5after the end of the period of
active state
service active duty, the court in which the
6action is pending may on its own motion, and shall, on application of the service
7member or some person acting on behalf of the service member, stay the action unless
8the court determines that the service member's ability to represent his or her interest
9in the action is not materially affected by reason of his or her
active state
service 10active duty.
AB400,61,19
11(7) Stay or vacation of executions or attachments. In any court action that
12is commenced against a service member before or after entering
active state
service 13active duty, or within 60 days after the period of
active state
service active duty ends,
14the court may on its own motion, and shall, on application of the service member or
15some person acting on behalf of the service member, stay the execution of any
16judgment or order entered against the service member, or stay or vacate any
17attachment or garnishment regarding the service member's property, unless the
18court determines that the service member's ability to comply with the judgment or
19order is not materially affected by reason of his or her
active state
service active duty.
AB400, s. 158
20Section
158. 21.75 (8) of the statutes is renumbered 321.62 (8), and 321.62 (8)
21(a), as renumbered, is amended to read: