21.79 Reemployment after completion of military service. (1) (a) 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, 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 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 service, or of discharge from the U.S. armed forces under conditions other than dishonorable.
2. The person is still qualified to perform the duties of the position.
3. The person makes application for reemployment and resumes work within 90 days after completion of the training or service, military or civilian, or was so discharged from the U.S. armed forces, or within 6 months after release from hospitalization for service-connected injury or disease.
4. The employer's circumstances have not changed as to make it impossible or unreasonable to restore the person.
5. The military service was not for more than 4 years unless extended by law.
(b) Except as provided in par. (c), in the event of any dispute relating to the provisions under par. (a), the person may file a complaint regarding the matter with the department of workforce development. The department of workforce development shall process any complaint made under this paragraph in the same manner as employment discrimination complaints are processed under s. 111.39.
(c) If a dispute arises regarding a classified employee of the state relating to the provisions of par. (a), the complaint shall be filed with the director of the office of state employment relations. A decision of the director of the office of state employment relations may be reviewed under ch. 227.
(2) The service of any person who is or was restored to a position in accordance with sub. (1) shall be considered not to be interrupted by the absence, except for the receipt of pay or other compensation for the period of the absence and he or she shall be entitled to participate in insurance, pensions, retirement plans, or other benefits offered by the employer under established rules and practices relating to employees on furlough or leave of absence in effect with the employer at the time the person entered or was enlisted, inducted, or ordered into the forces and service. The person whose position was restored may not be discharged from the position without cause within one year after restoration and the discharge is subject to all federal or state laws affecting any private employment and to the provisions of contracts that may exist between employer and employee. Each county, town, city, or village shall contribute or pay all contributions of the employer to the applicable and existent pension, annuity, or retirement system as though the service of the employee had not been interrupted by military service.
(3) If an employer fails or refuses to comply with subs. (1) and (2), a person entitled to the benefits under subs. (1) and (2) may petition the circuit court to require the employer to comply with those subsections. Upon the filing of the petition and on reasonable notice to the employer, the court may require the employer to comply with those subsections and to compensate the person for any loss of wages or benefits suffered by reason of the employer's action. The court shall order a speedy hearing and shall advance the case on the calendar. No fees or court costs may be taxed against a person petitioning the court under this subsection. The action commenced under this subsection against a private employer, and the trial or hearing of the action, shall be in any county in which the employment took place or in which the private employer maintains a place of business, and in all other cases shall be as provided in s. 801.50.
(4) No person who is appointed in the service of the state or of any county, city, village, or town to fill the place of a person entering service in the U.S. armed forces or federal government service under sub. (1) shall acquire permanent tenure during the period of that replacement service.
(5) If the decision of the circuit court is appealed the person who petitioned the circuit court under sub. (3) need not file an appeal bond for the security for costs on the appeal.
(6) The restoration of classified employees of the state shall be governed by s. 230.32. The restoration of unclassified state employees shall be governed by this section.
22,77
Section
77. 21.80 (3) (g) of the statutes is amended to read:
21.80 (3) (g) Veterans preferences. The right of a person to reemployment under this subsection does not entitle the person to retention, preference, or displacement rights over any person who has a superior claim under s. 45.35 (4) 45.03 (4), 62.13 (4) (d), 63.08 (1) (f), 63.37, 63.39 (2m), 66.0509 (1), 230.15 (2m), 230.16 (7) or (7m), 230.21 (1m), 230.25, or 230.275.
22,78
Section
78. 25.17 (1) (xp) of the statutes is amended to read:
25.17 (1) (xp) Veterans mortgage loan repayment fund (s. 45.79 (7) 45.37 (7));
22,79
Section
79. 25.17 (1) (yv) of the statutes is amended to read:
25.17 (1) (yv) Wisconsin Veterans Home at King and veterans facilities homes members fund (s. 25.37);
22,80
Section
80. 25.36 (1) of the statutes is amended to read:
25.36 (1) Except as provided in sub. (2), all moneys appropriated or transferred by law shall constitute the veterans trust fund which shall be used for the lending of money to the mortgage loan repayment fund under s. 45.35 (22) 45.37 (5) (a) 12. and for the veterans programs under ss. 20.485 (2) (m), (mn), (tm), (u), (v), (vo), (vy), (vz), (w), (z), and (zm), 45.014, 45.25, 45.35 (23), 45.351 (1), 45.353, 45.356, 45.357, 45.396, 45.397, and 45.43 (7) 45.03 (19), 45.07, 45.20, 45.21, 45.40 (1), 45.41, 45.42, 45.43, and 45.82 and administered by the department of veterans affairs, including all moneys received from the federal government for the benefit of veterans or their dependents; all moneys paid as interest on and repayment of loans under the post-war rehabilitation fund; soldiers rehabilitation fund, veterans housing funds as they existed prior to July 1, 1961; all moneys paid as interest on and repayment of loans under this fund; all moneys paid as expenses for, interest on, and repayment of veterans trust fund stabilization loans under s. 45.356, 1995 stats.; all moneys paid as expenses for, interest on, and repayment of veterans personal loans; the net proceeds from the sale of mortgaged properties related to veterans personal loans; all mortgages issued with the proceeds of the 1981 veterans home loan revenue bond issuance purchased with moneys in the veterans trust fund; all moneys received from the state investment board under s. 45.356 (9) (b) 45.42 (8) (b); all moneys received from the veterans mortgage loan repayment fund under s. 45.79 (7) (a) and (c) 45.37 (7) (a) and (c); and all gifts of money received by the board of veterans affairs for the purposes of this fund.
22,81
Section
81. 25.37 of the statutes is amended to read:
25.37 Wisconsin veterans facilities homes members fund. There is established a separate nonlapsible trust fund designated as the Wisconsin veterans facilities homes members fund. The fund shall consist of moneys belonging to persons residing in Wisconsin veterans facilities, including members of the Wisconsin Veterans Home at King homes, that are paid to the home and veterans facilities homes, and that are transferred into the fund by the department of veterans affairs under s. 45.37 (9c) 45.51 (8).
22,82
Section
82. 28.035 (3) (a) of the statutes is amended to read:
28.035 (3) (a) The written lease entered into between the Wisconsin state department of the American Legion and the department of natural resources dated June 15, 1944, which leases Camp American Legion for a period of 10 years commencing June 1, 1944, shall continue in full force for an additional 10 years, and may be renewed for additional 10-year periods thereafter, notwithstanding the expiration of the term expressed therein in the lease, so long as the Wisconsin state department of the American Legion or any of the American Legion posts organized under s. 188.08 maintains on such
the property structures which were constructed prior to May 31, 1956, at the expense of the Wisconsin state department of the American Legion or any such post, for the purpose of the rehabilitation, restoration, or recreation of veterans and their dependents of the Spanish-American war War, the Philippine
insurrection Insurrection, the Mexican border service, World Wars I and II, the Korean conflict, the Vietnam war War, the Iraq war War, and Grenada, Lebanon, Panama, Somalia or a Middle East service in a crisis under s. 45.34 zone, as defined in s. 45.01 (11).
22,83
Section
83. 29.219 (2) (c) of the statutes is amended to read:
29.219 (2) (c) A resident annual fishing license issued to any resident who is a member of the Wisconsin Veterans Home at King or at the facilities operated by the department of veterans affairs under s. 45.385 a Wisconsin veterans home under s. 45.50 shall be issued at no charge.
22,84
Section
84. 29.506 (7m) (a) of the statutes is amended to read:
29.506 (7m) (a) The department shall issue a taxidermy school permit to a person who applies for the permit; who, on August 15, 1991, holds a valid taxidermist permit issued under this section; and who, on August 15, 1991, operates a taxidermy school approved by the educational approval board under s. 45.54
39.90.
22,85
Section
85. 29.563 (3) (a) 8. of the statutes is amended to read:
29.563 (3) (a) 8. Annual fishing issued to a resident at Wisconsin Veterans Home at King and at the facilities operated by the department of veterans affairs under s. 45.385 a Wisconsin veterans home under s. 45.50: $0.
22,86
Section
86. 36.27 (2) (b) 4. of the statutes is amended to read:
36.27 (2) (b) 4. A person who has served on active duty under honorable conditions in the U.S. armed forces or in forces incorporated in the U.S. armed forces, except service on active duty for training purposes, who meets one of the conditions in s. 45.001 (4) (a) 1. a. to d. is a veteran, as defined in s. 45.01 (12), and who is a resident for purposes of receiving benefits under ch. 45, is entitled to the exemption under par. (a).
22,87
Section
87. 36.27 (3r) of the statutes is amended to read:
36.27 (3r) Fee remissions for funeral assistants. The board shall grant a $25 remission of nonresident tuition or academic fees to any student enrolled in the system as an undergraduate for each valid voucher issued to the student under s. 45.19 (3) 45.60 (3).
22,88
Section
88. 38.24 (6) of the statutes is amended to read:
38.24 (6) Fee remissions for funeral assistants. The district board shall grant a $25 remission of fees under subs. (1m) and (3) to a student for each valid voucher issued to the student under s. 45.19 (3)
45.60 (3).
22,89
Section
89. Subchapter V (title) of chapter 39 [precedes 39.90] of the statutes is created to read:
chapter 39
Subchapter v
educational approval board
22,90
Section
90. 39.90 of the statutes is created to read:
39.90 Educational approval board. (1) Definitions. In this section, unless the context clearly requires otherwise:
(a) "Board" means the educational approval board.
(b) "Course" means an organized unit of subject matter in which instruction is offered within a given period of time or that covers a specified amount of related subject matter.
(c) "Course of instruction" means a series of classroom or correspondence courses having a unified purpose which lead to a diploma or degree or to an occupational or vocational objective.
(d) "Person" means any individual, partnership, association, corporation, or limited liability company, or any combination of these.
(e) "School" means any private trade, correspondence, business, or technical school, but does not include any of the following:
1. In-state schools that are exempt from taxation under section
501 of the Internal Revenue Code and that either were incorporated in this state prior to January 1, 1992, or had their administrative headquarters and principal places of business in this state prior to 1970.
2. Schools that are supported mainly by taxes.
3. Schools of a parochial or denominational character offering courses having a sectarian objective.
4. Schools primarily offering instruction avocational or recreational in nature and not leading to a vocational objective.
5. Courses conducted by employers exclusively for their employees.
6. Schools, courses of instruction, and training programs that are approved or licensed and supervised by other state agencies and boards.
7. Schools approved by the department of public instruction for the training of teachers.
8. Schools accredited by accrediting agencies recognized by the board.
(f) "Solicitor" means a person employed by or representing a school located either within or outside this state that, in places other than the actual business premises of the school, personally attempts to secure the enrollment of a student in the school.
(g) "Teaching location" means the area and facilities designated for use by a school required to be approved by the board under this section.
(2) Responsibilities. The board shall protect the general public by inspecting and approving private trade, correspondence, business, and technical schools doing business within this state, whether located within or outside this state, changes of ownership or control of the schools, teaching locations used by the schools, and courses of instruction offered by the schools and regulate the soliciting of students for correspondence or classroom courses and courses of instruction offered by the schools.
(3) Rule-making power. The board shall promulgate rules and establish standards necessary to administer this section.
(4) Employees, quarters. The board shall employ a person to perform the duties of an executive secretary and any other persons under the classified service that may be necessary to carry out the board's responsibilities. The person performing the duties of the executive secretary shall be in charge of the administrative functions of the board. The board shall, to the maximum extent practicable, keep its office with the department of veterans affairs.
(5) Approval of schools generally. To protect students, prevent fraud and misrepresentation in the sale and advertising of courses and courses of instruction, and encourage schools to maintain courses and courses of instruction consistent in quality, content, and length with generally accepted educational standards, the board shall do all of the following:
(a) Investigate the adequacy of courses and courses of instruction offered by schools to residents of this state and establish minimum standards for those courses of instruction.
(b) Investigate the adequacy of schools' facilities, equipment, instructional materials, and instructional programs and establish minimum standards for those facilities, equipment, materials, and programs.
(c) Establish rules, standards, and criteria to prevent fraud and misrepresentation in the sale and advertising of courses and courses of instruction.
(d) Promulgate rules restricting the negotiability of promissory instruments received by schools in payment of tuition and other charges.
(e) Establish minimum standards for refund of the unused portion of tuition, fees, and other charges if a student does not enter a course or course of instruction or withdraws or is discontinued from the course.
(f) Require schools offering courses and courses of instruction to residents of this state to furnish information concerning their facilities, curricula, instructors, enrollment policies, tuition and other charges and fees, refund policies, and policies concerning negotiability of promissory instruments received in payment of tuition and other charges.
(g) Approve courses of instruction, schools, changes of ownership or control of schools, and teaching locations meeting the requirements and standards established by the board and complying with rules promulgated by the board and publish a list of the schools and courses of instruction approved.
(h) Issue permits to solicitors when all board requirements have been met.
(i) Require schools to furnish a surety bond in an amount as provided by rule of the board.
(6) Soliciting of students. (a)
In general. No solicitor representing any school offering any course or course of instruction shall sell any course or course of instruction or solicit students for a course or course of instruction in this state for a consideration or remuneration, except upon the actual business premises of the school, unless the solicitor first secures a solicitor's permit from the board. If the solicitor represents more than one school, a separate permit shall be obtained for each school the solicitor represents.
(b) Solicitor's permit. The application for a solicitor's permit shall be made on a form furnished by the board and shall be accompanied by a fee and a surety bond acceptable to the board in the sum of $2,000. The board shall, by rule, specify the amount of the fee for a solicitor's permit. The bond may be continuous and shall be conditioned to provide indemnification to any student suffering loss as the result of any fraud or misrepresentation used in procuring his or her enrollment or as a result of the failure of the school to perform faithfully the agreement the solicitor made with the student, and may be supplied by the solicitor or by the school itself either as a blanket bond covering each of its solicitors in the amount of $2,000 or the surety bond under sub. (5) (i). Upon approval of a permit, the board shall issue an identification card to the solicitor giving his or her name and address, the name and address of the employing school, and certifying that the person whose name appears on the card is authorized to solicit students for the school. A permit shall be valid for one year from the date issued. Liability under this paragraph of the surety on the bond for each solicitor covered by the bond shall not exceed the sum of $2,000 as an aggregate for any and all students for all breaches of the conditions of the bond. The surety of a bond may cancel the bond upon giving 30 days' notice in writing to the board and shall be relieved of liability under this paragraph upon giving the notice for any breach of condition occurring after the effective date of the cancellation. An application for renewal shall be accompanied by a fee, a surety bond acceptable to the board in the sum of $2,000 if a continuous bond has not been furnished, and such information as the board requests of the applicant. The board shall, by rule, specify the amount of the fee for renewal of a solicitor's permit.
(c) Refusal or revocation of permit. The board may refuse to issue or renew, or may revoke, any solicitor's permit upon one or any combination of the following grounds:
1. Willful violation of this subsection or any rule promulgated by the board under this section.
2. Furnishing false, misleading, or incomplete information to the board.
3. Presenting information to prospective students relating to the school, a course, or a course of instruction that is false, fraudulent, or misleading.
4. Refusal by the school to be represented to allow reasonable inspection or to supply information after written request therefor by the board.
5. Failure of the school which the solicitor represents to meet requirements and standards established by and to comply with rules promulgated by the board under sub. (5).
6. Cancellation of the solicitor's bond by surety.
7. Subject to ss. 111.321, 111.322, and 111.335, the applicant has an arrest or conviction record.
(d) Notice of refusal to issue or renew permit. Notice of refusal to issue or renew a permit or of the revocation of a permit shall be sent by registered mail to the last address of the applicant or permit holder shown in the records of the board. Revocation of a permit shall be effective 10 days after the notice of revocation has been mailed to the permit holder.
(e) Request for appearance. Within 20 days of the receipt of notice of the board's refusal to issue or renew a permit or of the revocation of a permit, the applicant or holder of the permit may request permission to appear before the board in person, with or without counsel, to present reasons why the permit should be issued, renewed, or reinstated. Upon receipt of a request, the board shall grant a hearing to the applicant or holder of the permit within 30 days giving that person at least 10 days' notice of the date, time, and place.
(f) Recovery by students. The bond in force under par. (b) shall not limit or impair any right of recovery otherwise available under law, nor shall the amount of the bond be relevant in determining the amount of damages or other relief to which any plaintiff may be entitled.
(g) Recovery on contracts. No recovery shall be had by any school or its assignee on any contract for or in connection with a course or course of instruction if the representative who sold or solicited the course was not the holder of a solicitor's permit under this subsection at the time of the sale or solicitation.
(h) Enforcement. The attorney general or any district attorney may bring an action in circuit court for the enforcement of this subsection.
(i) Penalty. Whoever violates this subsection may be fined not more than $500 or imprisoned not more than 3 months or both.
(7) Proprietary school approval. (a) Authority. All proprietary schools shall be examined and approved by the board before operating in this state. Approval shall be granted to schools meeting the criteria established by the board for a period not to exceed one year. No school may advertise in this state unless approved by the board. All approved schools shall submit quarterly reports, including information on enrollment, number of teachers and their qualifications, course offerings, number of graduates, number of graduates successfully employed, and such other information as the board considers necessary. If a school closure results in losses to students, parents, or sponsors, the board may authorize the full or partial payment of those losses from the appropriation under s. 20.485 (5) (gm).
(b) Application. Application for initial approval of a school or a course of instruction, approval of a teaching location, change of ownership, or control of a school, renewal of approval of a school or reinstatement of approval of a school or course of instruction that has been revoked shall be made on a form furnished by the board and shall be accompanied by a fee set by the board under par. (c) and any other information as the board considers necessary to evaluate the school in carrying out the purpose of this section.
