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:
AB400,61,2422
321.62
(8) (a) Any stay of any action, attachment, execution, or garnishment
23under this section may be ordered for the period of the
active state
service active duty 24and
3 months 90 days after that period has ended, or for any part of that time.
AB400, s. 159
1Section
159. 21.75 (9) and (10) of the statutes are renumbered 321.62 (9) and
2(10) and amended to read:
AB400,62,93
321.62
(9) Statutes of limitations. The period of
active state
service
active
4duty may not be included in computing any period for the bringing of any action or
5proceeding in any court or before any public agency, as defined in s. 36.54 (2) (a) 2.,
6by or against a person in
active state
service active duty or by or against his or her
7heirs, personal representatives, or assigns, whether the cause of action or proceeding
8or the right to bring the action or proceeding accrued before or during the period of
9active state
service active duty.
AB400,62,19
10(10) Maximum interest rate. No obligation or liability bearing interest at a rate
11in excess of
6% 6 percent per year incurred by a service member in
active state
service 12active duty before his or her entry into that
service duty may, during any part of the
13period of
active state
service active duty, bear interest in excess of
6% 6 percent per
14year except by court order. If, upon application by an obligee, a court determines that
15the ability of the service member to pay interest upon the obligation or liability at
16a rate in excess of
6% 6 percent per year is not materially affected by reason of his
17or her
active state
service active duty, the court may make any order that is just. In
18this subsection, "interest" includes service charges, renewal charges, fees, or other
19charges, other than insurance, in respect to the obligation or liability.
AB400, s. 160
20Section
160. 21.75 (11) of the statutes is renumbered 321.62 (11), and 321.62
21(11) (a) and (b), as renumbered, are amended to read:
AB400,63,222
321.62
(11) (a) No eviction may be made during the period of
active state
service 23active duty in respect to any premises for which the agreed rent does not exceed
24$1,200 per month the amount specified in 50 USC App. 531, occupied chiefly for
25dwelling purposes by the spouse, children, or other dependents of a service member
1who is in
active state
service active duty, except upon order of a court in an action
2affecting the right of possession.
AB400,63,113
(b) In an action for eviction under par. (a), the court may on its own motion, and
4shall, on application of the service member or some person acting on behalf of the
5service member, stay the proceedings for not longer than
3 months 90 days unless
6the court determines that the ability of the tenant to pay the agreed rent is not
7materially affected by the
active state
service active duty. The court may make any
8other order in the eviction action as it considers necessary and just. If a stay or order
9is issued under this paragraph, the court may, upon the request of the owner of the
10premises, make any other order as may be applicable to conserve the interests of all
11of the parties.
AB400, s. 161
12Section
161. 21.75 (12) of the statutes is renumbered 321.62 (12), and 321.62
13(12) (a), (b) (intro.) and (c) 1., as renumbered, are amended to read:
AB400,63,1814
321.62
(12) (a) In this subsection, "obligation" means an obligation of a service
15member in
active state
service active duty that was incurred before the service
16member's period of
active state
service active duty began and that is secured by a
17mortgage, deed of trust, or other security in the nature of a mortgage on real or
18personal property that is owned by the service member.
AB400,64,219
(b) (intro.) If a court action against a service member is commenced during the
20service member's period of
active state
service active duty to enforce an obligation
21for nonpayment of any sum due or for any other breach of terms occurring before or
22during the service member's period of
active state
service active duty, the court shall
23hold a hearing on the matter. Unless the court determines that the service member's
24ability to comply with the terms of the obligation is not materially affected by reason
25of his or her
active state
service
active duty, the court on its own motion may, or upon
1application of the service member or another person on his or her behalf shall, do any
2of the following:
AB400,64,93
(c) 1. Notwithstanding the times provided in ss. 846.10, 846.101, 846.102, and
4846.103 for sales of real property, no foreclosure, sale, or seizure of property for
5nonpayment of any sum due or for any other breach of terms is valid if it occurs
6during or within
3 months 90 days after the service member's period of
active state
7service active duty, unless the court ordered the foreclosure, sale, or seizure of
8property before the beginning of the service member's period of
active state
service 9active duty and approves the foreclosure, sale, or seizure after it occurs.
AB400, s. 162
10Section
162. 21.75 (13) of the statutes is renumbered 321.62 (13) and amended
11to read:
AB400,64,1912
321.62
(13) Personal property contracts. When an action to resume
13possession of personal property, or to rescind or terminate a contract for the purchase
14of personal property, has been stayed under this section, the court may appoint 3
15disinterested persons to appraise the property. Based upon the report of the
16appraisers, and unless undue hardship would result to the dependents of the service
17member in
active state
service active duty, the court may order that a sum be paid
18to the service member as a condition of resuming possession of the property or
19rescinding or terminating the contract.
AB400, s. 163
20Section
163. 21.75 (14) of the statutes is renumbered 321.62 (14), and 321.62
21(14) (a) 1. and (b), as renumbered, are amended to read:
AB400,64,2322
321.62
(14) (a) 1. The lease was executed by or on behalf of a service member
23who entered
active state
service
active duty after the lease was executed.
AB400,65,324
(b) A lease to which this subsection applies may be terminated by the service
25member at any time after the beginning of the service member's period of
active state
1service active duty by giving notice in writing by personal delivery or first class mail
2to the landlord or the person who has been receiving rent or managing the property
3as the landlord's agent.
AB400, s. 164
4Section
164. 21.75 (15) of the statutes is renumbered 321.62 (15), and 321.62
5(15) (a) and (b), as renumbered, are amended to read:
AB400,65,106
321.62
(15) (a) Notwithstanding ss. 704.05 (5) and 704.90, no person may
7enforce a lien for storage of any household goods, furniture, or personal effects of a
8service member during the period in which the service member is in
military service 9state active duty and for 90 days after the member's completion of
military service 10state active duty, except as permitted by a court order under par. (b).
AB400,65,2011
(b) No person may exercise any right to foreclose or enforce a lien for the storage
12of household goods, furniture, or personal effects of a service member during the
13service member's period of
active state
service active duty and for
3 months
90 days 14after that period ends except upon an order of the court. In an action under this
15paragraph, the court, after a hearing, may on its own motion, and shall, on
16application of the service member or some person acting on behalf of the service
17member, stay the proceeding or make such other order as may be equitable to
18conserve the interests of all parties, unless the court determines that the ability of
19the service member to pay storage charges due is not materially affected by his or her
20active state
service active duty.
AB400, s. 165
21Section
165. 21.75 (16) of the statutes is renumbered 321.62 (16) and amended
22to read:
AB400,66,323
321.62
(16) Dependent benefits. Upon application to the court, a dependent
24of a service member is entitled to the same benefits given to a service member while
25in
active state
service active duty, unless the court determines that the ability of the
1dependent to comply with the terms of an obligation, contract, lease, or bailment is
2not materially impaired by reason of the service member's
active state
service active
3duty.
AB400, s. 166
4Section
166. 21.75 (17) of the statutes is renumbered 321.62 (17).
AB400, s. 167
5Section
167. 21.75 (18) of the statutes is renumbered 321.62 (18) and amended
6to read:
AB400,66,117
321.62
(18) Certificate of service state active duty; person reported missing. 8(a) In any action or proceeding under this section, a certificate signed by the adjutant
9general or a person designated by the adjutant general as to the period of
state active
10service duty of a service member shall be
prima facie evidence as to any of the
11following facts
unless shown to be incorrect:
AB400,66,1212
1. That the service member named has been in
active state
service active duty.
AB400,66,1413
2. The period of the
active state
service active duty, including the date the
14service member was ordered into
active state
service active duty.
AB400,66,1615
3. The monthly pay received by the service member in
active state
service active
16duty at the time the certificate was issued.
AB400,66,1817
4. If the service member died while in
active state
service active duty, the date
18and the place where he or she died.
AB400,66,2319
(b) The adjutant general shall provide the certificate under par. (a) upon
20request of the service member or of a person acting on behalf of the service member
21or his or her estate, and any certificate so provided shall be
prima facie evidence of
22the facts stated in the certificate and of the authority of the signer to issue the
23certificate
unless shown to be incorrect.
AB400,67,324
(c) When a service member in
active state
service active duty has been reported
25missing to the department, the service member shall be presumed to continue in
1active state
service active duty until accounted for, and no period limited under this
2section which begins or ends with the death of a service member shall begin or end
3until the death of the service member is determined by the department or by a court.
AB400, s. 168
4Section
168. 21.75 (19) of the statutes is renumbered 321.62 (19).
AB400, s. 169
5Section
169. 21.75 (20) of the statutes is renumbered 321.62 (20), and 321.62
6(20) (a), as renumbered, is amended to read:
AB400,67,147
321.62
(20) (a) A service member may, at any time during his or her period of
8active state
service active duty, or within
6 months 180 days after that
service duty 9ends, apply to a court for relief with respect to any obligation or liability incurred by
10the service member before his or her period of
active state
service active duty. The
11court, after appropriate notice and hearing, may grant the following relief unless the
12court determines that the ability of the service member to comply with the terms of
13the obligation or liability has not been materially affected by his or her state active
14service duty:
AB400,68,415
1. In the case of an obligation payable in installments under a contract for the
16purchase of real estate, or secured by a mortgage upon real estate, a stay of the
17enforcement of the obligation during the period of
active state
service active duty 18and, from the date of the end of the period of
active state
service active duty or from
19the date of requesting the relief if made after the
service state active duty is ended,
20for a period equal to the period of the remaining life of the installment contract or
21instrument evidencing the obligation plus a period of time equal to the period of
22active state
service active duty, or any part of that combined period. The court may
23issue a stay under this paragraph if the service member makes payments of the
24balance of the principal and accumulated interest due and unpaid at the date of the
25end of the period of
active state
service active duty or from the date of requesting the
1relief, whichever is appropriate, in equal installments during the combined period
2and at the rate of interest as is prescribed in the contract or instrument evidencing
3the obligation for installments paid when due. The court may order other terms
4under this paragraph as are just.
AB400,68,165
2. In the case of any other obligation or liability, a stay of the enforcement of
6that obligation or liability during the service member's period of
active state
service 7active duty and, from the date of the end of the period of
active state
service active
8duty or from the date of requesting the relief if made after the
service duty is ended,
9for a period equal to the period of
active state
service active duty or any part of that
10period. The court may issue a stay under this paragraph if the service member
11makes payments of the balance of the principal and accumulated interest due and
12unpaid at the date of the end of the period of
active state
service active duty or from
13the date of requesting the relief, whichever is appropriate, in equal installments
14during the extended period and at the rate of interest as is prescribed for the
15obligation or liability when due. The court may order other terms under this
16paragraph as are just.
AB400, s. 170
17Section
170. 21.75 (21) of the statutes is renumbered 321.62 (21), and 321.62
18(21) (b), as renumbered, is amended to read:
AB400,68,2319
321.62
(21) (b) No power of attorney executed
after December 14, 2001, by a
20service member in
active state
service active duty may be extended under par. (a) if
21the document creating the power of attorney clearly indicates that the power granted
22expires on the date specified even if the service member, after the date of execution
23of the document, is reported missing to the department.
AB400, s. 171
24Section
171. 21.75 (22) of the statutes is renumbered 321.62 (22), and 321.62
25(22) (a), (b) 2. and (c) 1., as renumbered, are amended to read:
AB400,69,11
1321.62
(22) (a) 1. If a service member who is
called ordered into
active state
2service active duty has coverage under a professional liability insurance policy that
3does not cover claims filed with respect to the service member during the period of
4active state
service active duty unless the premiums are paid for the coverage for that
5period, the insurer that provides the coverage shall suspend the service member's
6coverage under the policy upon receipt of a written request from the service member
7to do so. The insurer may not require that premiums be paid for the suspended
8coverage. The insurer shall refund any premium amount already paid for coverage
9of the service member for the period after the coverage is suspended or shall, at the
10option of the service member, apply such amount to payment of any premium that
11becomes due upon reinstatement of the coverage.
AB400,69,1512
2. Subdivision 1. does not require the suspension of coverage for any other
13person who has coverage under the policy and who is not a service member
called 14ordered into
active state
service active duty or relieve any person of the obligation
15to pay premiums for coverage that is not required to be suspended under subd. 1.
AB400,69,2116
(b) 2. For purposes of subd. 1., a claim that is based on the failure of a
17professional to make adequate provision for the care of patients during the
18professional's period of
active state
service active duty shall be considered to be based
19on an action or the failure to take action before the beginning of the period during
20which coverage is suspended under this subsection, unless professional services
21were provided after the date on which the suspension of coverage began.
AB400,70,422
(c) 1. If a service member whose professional liability insurance coverage is
23suspended under par. (a) transmits to the insurer, within 30 days after the date on
24which the service member is released from
active state
service active duty, a written
25request for reinstatement of his or her professional liability insurance coverage, the
1insurer must reinstate the coverage as of the date on which the insurer receives the
2written request. The period for which the coverage must be reinstated may not be
3less than the balance of the period for which the coverage would have continued
4under the policy had the coverage not been suspended.
AB400, s. 172
5Section
172. 21.75 (23) of the statutes is renumbered 321.62 (23) and amended
6to read:
AB400,70,97
321.62
(23) Notice of benefits under this section. The department shall
8provide each service member a brochure explaining this section when that service
9member enters
active state
service
active duty.
AB400, s. 173
10Section
173. 21.78 (title), (1), (2), (3) and (4) of the statutes are renumbered
11321.63 (title), (1), (2), (3) and (4) and amended to read:
AB400,71,2
12321.63 (title)
Employees
Local government employees or officers in
13military service federal active duty. (1) The governing body of any county, town,
14city, village, school district, or technical college district
A local governmental unit, as
15defined in s. 66.0135 (1) (c), may grant a leave of absence to any employee or officer
16who is inducted or who enlists in the U.S. armed forces for a period of
military service 17federal active duty of not more than
4 5 years unless the employee is involuntarily
18retained for a longer period. No salary or compensation of the employee or officer
19shall be paid, nor claim for the salary or compensation exist, during the leave of
20absence, except as provided in this section. If the employee's or officer's salary or
21compensation is less in the U.S. armed forces than was paid by the
county, town, city,
22village, school district, or technical college district local governmental unit, that
23governmental unit may pay the employee or officer the difference between the salary
24or compensation paid by the U.S. armed forces and the salary or compensation that
25the employee or officer was paid by the
county, town, city, village, school district, or
1technical college district local governmental unit at the time that he or she enlisted
2in or was inducted into the U.S. armed forces.
AB400,71,5
3(2) The
governing body local governmental unit may provide for safeguarding
4the reinstatement and pension rights, as limited in this section, of any employee or
5officer so inducted or enlisted.
AB400,71,8
6(3) No employee or officer who is appointed to fill the place of any employee or
7officer so inducted or enlisted shall acquire permanent tenure during the period of
8the replacement service.
AB400,71,25
9(4) If the leave of absence under sub. (1) is granted to an elected or appointed
10official or employee and the official or employee has begun
service in the U.S. armed
11forces federal active duty, a temporary vacancy exists and a successor may be
12appointed to fill the unexpired term of the official or employee, or until the official
13or employee returns and files an election to resume the office if the date of the filing
14is prior to the expiration of the term. The appointment shall be made in the manner
15provided for the filling of vacancies caused by death, resignation, or otherwise, except
16that no election need be held to fill a temporary vacancy. The appointee has all the
17powers, duties, liabilities, and responsibilities and shall be paid and receive the
18compensation and other benefits of the office or position, unless otherwise provided
19by the
governing body local governmental unit. Within 40 days after the termination
20of
service in the U.S. armed forces federal active duty, the elected or appointed official
21or employee, upon filing with the clerk of the
local governmental unit, a statement
22under oath of termination and that the official or employee elects to resume the office
23or position, may resume the office or position for the remainder of the term for which
24elected or appointed. The person temporarily filling the vacancy shall cease to hold
25the office on the date of the filing.
AB400, s. 174
1Section
174. 21.78 (5) of the statutes is repealed.
AB400, s. 175
2Section
175. 21.79 of the statutes is renumbered 321.64, and 321.64 (title), (1)
3(a) (intro.), 1., 3. and 5., (2) and (4), as renumbered, are amended to read:
AB400,72,16
4321.64 (title)
Reemployment after completion of military service
5federal active duty or service. (1) (a) (intro.) Any person who has enlisted or
6enlists in or who has been or is inducted or ordered into
active service in the U.S.
7armed forces pursuant to 50 App. USC 301, 401, and 451, or P.L. 87-117 federal
8active duty for 90 days or more, and any person whose services are requested by the
9federal government for national defense work as a civilian during a period officially
10proclaimed to be a national emergency or a limited national emergency, who, to
11perform the
training duty or service, has left or leaves a position, other than a
12temporary position, in the employ of any political subdivision of the state or in the
13employ of any private or other employer, shall be restored to that position or to a
14position of like seniority, status, pay, and salary advancement as though service
15toward seniority, status, pay, or salary advancement had not been interrupted by the
16absence, if all of the following conditions are met:
AB400,72,1917
1. The person presents to the employer evidence of satisfactory completion of
18the period of
training or civilian federal active duty or federal government service,
19or of discharge from the U.S. armed forces under conditions other than dishonorable.
AB400,72,2420
3. The person makes application for reemployment and resumes work within
2190 days after completion of the
training or federal active duty or federal government 22service, military or civilian, or was so discharged from the U.S. armed forces, or
23within 6 months after release from hospitalization for
duty-connected or 24service-connected injury or disease.