2007 Wisconsin Act 200

200,119 Section 119. 21.49 (3) of the statutes is renumbered 321.40 (3), and 321.40 (3) (a) and (b) 3., as renumbered, are amended to read:

321.40 (3) (a) Any eligible guard member upon satisfactory completion of a full-time or part-time course in a qualifying school is eligible for may apply for a tuition grant equal to 100% 100 percent of the actual tuition charged by the school or 100% 100 percent of the maximum resident undergraduate tuition charged by the University of Wisconsin-Madison for a comparable number of credits, whichever amount is less.

(b) 3. Contain the signatures of both the guard member claiming the grant and a representative of the school, certifying that the member has satisfactorily completed the course and has achieved the minimum grade point average or grade, as required under sub. (2) (f) (e).

200,120 Section 120. 21.49 (3m) and (4) of the statutes are renumbered 321.40 (4) and (5) and amended to read:

321.40 (4) Repayment of grants. The department shall require a national guard member who has received a tuition grant under this section to repay the amount of the tuition grant to the department if the national guard member, on or after September 1, 2001, is separated from the national guard for misconduct, as defined in the rules and regulations of the national guard, including being absent without leave for more than 9 unit training assemblies. The department may elect to collect the amount owed under this subsection through the tax intercept program under s. 71.93.

(5) Limitations. (a) No guard member is eligible for benefits a tuition grant under this section for more than 120 credits of part-time study or 8 full semesters of full-time study or the equivalent thereof.

(b) If the U.S. congress establishes an active draft after July 1, 1977, no new tuition grants may be authorized under this section. The department shall determine if an active draft has been established. Any termination of the tuition grant program under this paragraph shall allow persons receiving grants prior to the establishment of an active draft to receive full benefits subject to sub. (3) (4) (d) and par. (a).

(c) No guard member may receive a tuition grant under sub. (3) (4) for any semester in which he or she received a payment under s. 45.20 (2).

200,121 Section 121. 21.50 (title) of the statutes is renumbered 321.21 (title).

200,122 Section 122. 21.50 (1) and (2) of the statutes are renumbered 321.21 (2) (a) and (b) and amended to read:

321.21 (2) (a) Each commanding officer to whom state or federal who is issued military property is issued may be required to execute to the state a bond, with such sureties and in such form and amount as the adjutant general shall approve, conditioned for the faithful preservation and care of all such arms, accoutrements moneys, or stores that the officer received, to indemnify the state against loss by misuse or misapplication by the officer or any other person; to or money shall account for all of the same according to law, and to the property and money, deliver the same the property and money to any officer lawfully entitled thereto, on demand to receive them, and to pay all sums lawfully appraised for all losses or damages to that property or money.

(b) The unit commander is the legal custodian has control of the money, and military property and effects of any company sized unit or detachment of the national guard, whether said the money or property is owned by said assigned to the unit or detachment or its members collectively, or has been issued to it or any of its officers, for its use, by the state or the United States authority, and. The unit commander may sue for and recover possession of the same money or military property, whenever it is wrongfully withheld from the unit commander's custody or the custody control of the unit or detachment.

200,123 Section 123. 21.50 (3) and (4) of the statutes are repealed.

200,124 Section 124. 21.51 of the statutes is renumbered 321.13.

200,125 Section 125. 21.52 of the statutes is renumbered 321.14 and amended to read:

321.14 Authority to administer oaths. Any officer of the national guard or any officer of the U.S. armed forces may administer oaths of enlistment in the national guard.

200,126 Section 126. 21.54 of the statutes is renumbered 321.15 and amended to read:

321.15 Resignation of officer. A commissioned officer may resign the officer's his or her commission by submitting the written resignation to the officer's his or her immediate commanding officer, in writing, who . The commanding officer shall promptly forward the same resignation through military channels to the adjutant general. The governor shall, by order, accept or reject the same resignation, and, if accepted, fix the effective date of its taking effect. No the resignation shall take effect except as so ordered.

200,127 Section 127. 21.56 (title) of the statutes is repealed.

200,128 Section 128. 21.56 (1) and (2) of the statutes are renumbered 321.21 (3) (a) and (b) and amended to read:

321.21 (3) (a) All state-owned military property or money issued to any officer or armory facility manager shall be audited annually as a part of the annual inspection of federal property accounts. When damages damage, other than fair reasonable wear and tear, or loss of state-owned property is discovered, the adjutant general shall appoint a surveying officer to determine the cause and fix blame. Upon review, the adjutant general may hold responsible individuals pecuniarily financially liable, and may require a depreciated payment, as determined by the adjutant general, into the state treasury. If it is determined that the property or money was damaged, destroyed or lost without fault or neglect on the part of those responsible, all concerned may shall be relieved of liability.

(b) Whenever any state-owned military property becomes unsuitable, unserviceable, or no longer required for military purposes, it shall be disposed of as surplus property subject to s. 16.72 (4) and (5).

200,129 Section 129. 21.57 (title) of the statutes is repealed.

200,130 Section 130. 21.57 (1) and (2) of the statutes are renumbered 321.21 (4) (a) and (b) and amended to read:

321.21 (4) (a) Whenever any When an officer who is responsible for state military property or money is separated or reassigned, all military property or money in the officer's possession or for which the officer is responsible shall be delivered to become the responsibility of the person designated the adjutant general designates to receive the property by the adjutant general or money. No separation or reassignment shall be effective until all property accounts have been settled.

(b) In case of the death of any If an officer having custody control of state military property or money dies, the next in command shall immediately take charge of such the property or money and deliver the same the property or money to the person the adjutant general appointed to receive control the property by the adjutant general or money.

200,131 Section 131. 21.59 of the statutes is repealed.

200,132 Section 132. 21.60 of the statutes is repealed.

200,133 Section 133. 21.61 (title) of the statutes is repealed.

200,134 Section 134. 21.61 (1), (3), (4) and (5) of the statutes are renumbered 321.23 (1) (a), (b), (c) and (d) and amended to read:

321.23 (1) (a) The governing body of any city, village, town or county A political subdivision or federally recognized Indian tribe or band in which one or more companies units of the national guard may be is located may erect build or purchase a suitable armory for the purpose of drill and for the safekeeping of the arms, equipment, uniforms and other military property furnished by the state, and for public meetings and conventions, when such that use will not interfere with the use of such the building by the national guard. Plans and specifications The adjutant general and the building commission may review and approve or reject plans and specifications for such the armories shall be inspected and approved by the governor and the adjutant general who. The adjutant general and the department of administration shall file with the governing body of the city, village, town or county political subdivision or the federally recognized Indian tribe or band a certificate of such inspection and approval prior to before the erection thereof construction of an armory.

(b) The governing body of any city, village, town or county A political subdivision or federally recognized Indian tribe or band in which any such company unit of the national guard may be is located may purchase land and build armories in the same manner as the governing body political subdivision or tribe or band is now authorized by law to build other city, village, town or county buildings, and when. When unable to agree upon the price of land with its owner, the political subdivision or federally recognized Indian tribe or band may, if in its opinion necessary, appropriate land for the purpose of building armories in the same manner as the governing body political subdivision or tribe or band is now authorized by law to appropriate real estate for other city, village, town or county buildings. In case however If a city, village, town or county shall have political subdivision or federally recognized Indian tribe or band aided in the erection building of an armory and the company or companies of the national guard for which the armory was erected shall at any time be built is disbanded, then the armory shall become the property of the city, village, town or county in which political subdivision or tribe or band that aided in the building of the armory is erected.

(c) Such The armory, when erected built or purchased, shall be under the control and charge of the governor, the adjutant general, and the commanding officer of the company or companies unit of the national guard for which it has been provided. The commanding officer shall cause to be deposited therein, deposit in the armory all arms, uniforms and equipment military property received from the governor and the adjutant general who . The adjutant general may make such rules as they deem proper for the observance of issue regulations, instructions, or policies to be followed by all officers and persons having charge of such the armories or occupying any part thereof of the armories.

(d) Whenever any county, city, town or village erects political subdivision or federally recognized Indian tribe or band constructs a building as a memorial to the soldiers, sailors and marines members of the U.S. armed forces or national guard who served in any war or armed conflict of the United States and makes provision therein in the memorial building for the accommodation of one or more companies of the national guard having no regularly established armory, the governor, adjutant general or other state officers having control of armory accommodations and regulations shall, whenever practicable, rent the armory provided in such the memorial building for the use of those companies of the national guard.

200,135 Section 135. 21.612 of the statutes is repealed.

200,136 Section 136. 21.616 (title) of the statutes is repealed.

200,137 Section 137. 21.616 of the statutes is renumbered 321.23 (2) and amended to read:

321.23 (2) The department of military affairs is authorized and directed may, when contributions therefor are made available by the federal government under the national defense facilities act of 1950 or any act or acts amendatory thereof or supplementary thereto, to federal law, expand, rehabilitate, equip, or convert facilities owned by the state and to acquire, construct, expand, rehabilitate, equip, or convert additional facilities. The department of military affairs may on the part of the state accept such the federal contributions in the manner prescribed by federal law or regulation, and may accept on behalf of the state the lawful terms and conditions thereof of a federal contribution. The department of military affairs shall take such steps and have all the functions and has the duties and powers necessary, consistent with the appropriation therefor, to acquire contributions under any such federal act law and to undertake and complete any such a project described in this subsection in conformity with the applicable federal act law and this section subsection.

200,138 Section 138. 21.62 of the statutes is repealed.

200,139 Section 139. 21.63 of the statutes is repealed.

200,140 Section 140. 21.70 (title) of the statutes is repealed.

200,141 Section 141. 21.70 (1) and (2) of the statutes are renumbered 321.02 (1) and (2) and amended to read:

321.02 (1) The governor may request volunteers of from the national guard to provide assistance to federal, state and local law enforcement officers, within or outside the boundaries of this state, in drug interdiction and counter-drug activities under 32 USC 112. These activities may include the operation and maintenance of equipment and facilities. The governor may order, with their consent, any national guard members who volunteer under this section subsection to duty in federally funded status. The governor may delegate his or her authority under this section subsection to the adjutant general. The adjutant general shall follow all laws and regulations of the U.S. department of defense when ordering national guard members to perform drug interdiction and counter-drug activities under this section subsection.

(2) A national guard member assisting in drug interdiction and counter-drug activities under this section subsection shall obey and execute the instructions of a law enforcement officer from the assisted agency involved in these activities that are given to the national guard member through the military chain of command.

200,142 Section 142. 21.72 of the statutes is renumbered 321.60, and 321.60 (1) (c), (2), (5) and (6), as renumbered, are amended to read:

321.60 (1) (c) "Service member" means a member of a reserve unit of the U.S. armed forces, a member of the state defense force, or a member of a national guard unit of any state who is a resident of Wisconsin.

(2) Any license that a service member holds, the expiration date of which is after September 11, 2001, except a license to practice law, does not expire on the expiration date of the license if, on the expiration date, the service member is on state active duty under ch. 21 or on active duty in the U.S. armed forces. If the supreme court agrees, a license to practice law that a service member holds, the expiration date of which is after September 11, 2001, does not expire on the expiration date of the license if, on the expiration date, the service member is on state active duty under ch. 21 or on active duty in the U.S. armed forces. A license extended under this subsection expires 90 days after the service member is discharged from active duty.

(5) The department of military affairs shall assist any service member who needs assistance to renew or extend a license under this section.

(6) The department of military affairs shall prepare and distribute to appropriate agencies and persons, at no cost to those agencies or persons, a brochure explaining the provisions of this section.

200,143 Section 143. 21.74 (title) of the statutes is renumbered 321.61 (title) and amended to read:

321.61 (title) Soldiers and sailors Service members civil relief act for property taxes and mobile telephone contracts; federal service active duty.

200,144 Section 144. 21.74 (1) of the statutes is renumbered 321.61 (1) (a) and amended to read:

321.61 (1) (a) In this section subsection, unless the context indicates otherwise:

1. "Interest and penalties" means interest and penalties accruing on taxes during the period of military service federal active duty and 6 months thereafter. In case several owners jointly own property, other than property held jointly or as marital property with the spouse of the person in military service federal active duty, interest and penalties means the proportionate share of the total interest and penalties commensurate with the equity in the property of the person in military service federal active duty.

2. "Person in military service federal active duty" means any man or woman who is serving on in federal active duty in the U.S. armed forces, except service on active duty for training purposes for a period of 90 days or more.

3. "Property" means any real estate or personal property belonging to a person in military service federal active duty that was acquired prior to the commencement of military service the federal active duty or that was acquired by descent.

4. "Taxes" means any general property taxes or special assessments or tax certificates evidencing those taxes and assessments not belonging to private buyers.

200,145 Section 145. 21.74 (2), (3), (4), (5), (6) and (7) of the statutes are renumbered 321.61 (1) (b), (c), (d), (e), (f) and (g) and amended to read:

321.61 (1) (b) To supplement and complement the provisions of 50 App. USC 501, and to afford and obtain greater peace and security for persons in military service federal active duty, the enforcement of certain tax obligations or liabilities that may prejudice the property rights of persons in military service federal active duty may be temporarily suspended as provided in this section subsection.

(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.