SB297,9,7
1(c) 1. Notwithstanding the times provided in ss. 846.10, 846.101, 846.102, and
2846.103 for sales of real property, no foreclosure, sale, or seizure of property for
3nonpayment of any sum due or for any other breach of terms is valid if it occurs
4during or within 3 months after the service member's period of active state service,
5unless the court ordered the foreclosure, sale, or seizure of property before the
6beginning of the service member's period of active state service and approves the
7foreclosure, sale, or seizure after it occurs.
SB297,9,108 2. Any person who knowingly causes a foreclosure, sale, or seizure of property
9that is invalid under subd. 1. shall be fined not more than $10,000 or imprisoned for
10not more than 9 months or both.
SB297,9,17 11(13) Personal property contracts. When an action to resume possession of
12personal property, or to rescind or terminate a contract for the purchase of personal
13property, has been stayed under this section, the court may appoint 3 disinterested
14persons to appraise the property. Based upon the report of the appraisers, and unless
15undue hardship would result to the dependents of the service member in active state
16service, the court may order that a sum be paid to the service member as a condition
17of resuming possession of the property or rescinding or terminating the contract.
SB297,9,19 18(14) Termination of leases by lessees. (a) This subsection applies to a lease
19to which all of the following apply:
SB297,9,2120 1. The lease was executed by or on behalf of a service member who entered
21active state service after the lease was executed.
SB297,9,2422 2. The lease covers premises that are occupied for dwelling, professional,
23business, agricultural, or similar purposes by the service member, or the service
24member and his or her dependents.
SB297,10,5
1(b) A lease to which this subsection applies may be terminated by the service
2member at any time after the beginning of the service member's period of active state
3service by giving notice in writing by personal delivery or first class mail to the
4landlord or the person who has been receiving rent or managing the property as the
5landlord's agent.
SB297,10,96 (c) If the lease provides for monthly payment of rent, termination shall be
7effective 30 days after the first date on which the next rental payment is due and
8payable after the date on which the notice is delivered or mailed. In any other case,
9all of the following apply:
SB297,10,1110 1. Termination shall be effective on the last day of the month after the month
11in which the notice was delivered or mailed.
SB297,10,1312 2. Any unpaid rent for the period preceding termination shall be computed on
13a prorated basis.
SB297,10,1514 3. The landlord or the landlord's agent shall refund to the service member any
15rent paid in advance that applies to the period after termination.
SB297,10,1916 (d) Upon application of a landlord after receiving notice under this subsection
17and before the lease termination date provided for in this subsection, a court may
18make such modifications to or restrictions on the relief granted in this subsection as
19the court determines are appropriate under the circumstances.
SB297,11,220 (e) No person may knowingly seize or retain personal property belonging to a
21service member who lawfully terminates a lease under this subsection, or in any
22manner interfere with the removal of the service member's personal property from
23the premises covered by the lease, for the purpose of subjecting the personal property
24to a claim for rent accruing after the termination of the lease. Any person who

1violates this paragraph shall be fined not more than $10,000 or imprisoned for not
2more than 9 months or both.
SB297,11,43 (f) Section 704.29 does not apply to the termination of a lease as provided in this
4subsection.
SB297,11,9 5(15) Storage liens. (a) Notwithstanding ss. 704.05 (5) and 704.90, no person
6may enforce a lien for storage of any household goods, furniture, or personal effects
7of a service member during the period in which the service member is in military
8service and for 90 days after the member's completion of military service, except as
9permitted by a court order under par. (b).
SB297,11,1810 (b) No person may exercise any right to foreclose or enforce a lien for the storage
11of household goods, furniture, or personal effects of a service member during the
12service member's period of active state service and for 3 months after that period
13ends except upon an order of the court. In an action under this paragraph, the court,
14after a hearing, may on its own motion, and shall, on application of the service
15member or some person acting on behalf of the service member, stay the proceeding
16or make such other order as may be equitable to conserve the interests of all parties,
17unless the court determines that the ability of the service member to pay storage
18charges due is not materially affected by his or her active state service.
SB297,11,2019 (c) Any person who violates par. (a) may be fined not more than $10,000 or
20imprisoned for not more than 9 months or both.
SB297,11,25 21(16) Dependent benefits. Upon application to the court, a dependent of a
22service member is entitled to the same benefits given to a service member while in
23active state service, unless the court determines that the ability of the dependent to
24comply with the terms of an obligation, contract, lease, or bailment is not materially
25impaired by reason of the service member's active state service.
SB297,12,5
1(17) Transfers or acquisitions. If a court determines that any interest,
2property, or contract has been transferred or acquired with the intent to delay the
3enforcement of a civil right by taking advantage of this section, the court shall enter
4any judgment or make any order that is just, notwithstanding the provisions of this
5section.
SB297,12,9 6(18) Certificate of service; person reported missing. (a) In any action or
7proceeding under this section, a certificate signed by the adjutant general or a person
8designated by the adjutant general as to the period of active service of a service
9member shall be prima facie evidence as to any of the following facts:
SB297,12,1010 1. That the service member named has been in active state service.
SB297,12,1211 2. The period of the active state service, including the date the service member
12was ordered into active state service.
SB297,12,1413 3. The monthly pay received by the service member in active state service at
14the time the certificate was issued.
SB297,12,1615 4. If the service member died while in active state service, the date and the
16place where he or she died.
SB297,12,2117 (b) The adjutant general shall provide the certificate under par. (a) upon
18request of the service member or of a person acting on behalf of the service member
19or his or her estate, and any certificate so provided shall be prima facie evidence of
20the facts stated in the certificate and of the authority of the signer to issue the
21certificate.
SB297,13,222 (c) When a service member in active state service has been reported missing
23to the department, the service member shall be presumed to continue in active state
24service until accounted for, and no period limited under this section which begins or

1ends with the death of a service member shall begin or end until the death of the
2service member is determined by the department or by a court.
SB297,13,5 3(19) Interlocutory orders. A court may revoke, modify, or extend any
4interlocutory order made by the court under this section, upon the court's own motion
5or on the motion of a party, upon such notice to the parties as the court may require.
SB297,13,13 6(20) Stay of enforcement of obligations or liabilities. (a) A service member
7may, at any time during his or her period of active state service, or within 6 months
8after that service ends, apply to a court for relief with respect to any obligation or
9liability incurred by the service member before his or her period of active state
10service. The court, after appropriate notice and hearing, may grant the following
11relief unless the court determines that the ability of the service member to comply
12with the terms of the obligation or liability has not been materially affected by his
13or her state active service:
SB297,14,214 1. In the case of an obligation payable in installments under a contract for the
15purchase of real estate, or secured by a mortgage upon real estate, a stay of the
16enforcement of the obligation during the period of active state service and, from the
17date of the end of the period of active state service or from the date of requesting the
18relief if made after the service is ended, for a period equal to the period of the
19remaining life of the installment contract or instrument evidencing the obligation
20plus a period of time equal to the period of active state service, or any part of that
21combined period. The court may issue a stay under this paragraph if the service
22member makes payments of the balance of the principal and accumulated interest
23due and unpaid at the date of the end of the period of active state service or from the
24date of requesting the relief, whichever is appropriate, in equal installments during
25the combined period and at the rate of interest as is prescribed in the contract or

1instrument evidencing the obligation for installments paid when due. The court may
2order other terms under this paragraph as are just.
SB297,14,133 2. In the case of any other obligation or liability, a stay of the enforcement of
4that obligation or liability during the service member's period of active state service
5and, from the date of the end of the period of active state service or from the date of
6requesting the relief if made after the service is ended, for a period equal to the period
7of active state service or any part of that period. The court may issue a stay under
8this paragraph if the service member makes payments of the balance of the principal
9and accumulated interest due and unpaid at the date of the end of the period of active
10state service or from the date of requesting the relief, whichever is appropriate, in
11equal installments during the extended period and at the rate of interest as is
12prescribed for the obligation or liability when due. The court may order other terms
13under this paragraph as are just.
SB297,14,1714 (b) When a court has granted a stay under this subsection, no penalty may
15accrue during the period that the terms and conditions of the stay are complied with
16by reason of the failure to comply with the terms or conditions of the obligation or
17liability in respect to which the stay was granted.
SB297,14,23 18(21) Power of attorney extension for missing service member. (a) A power
19of attorney that was duly executed by a service member that is reported missing to
20the department and that designates the service member's spouse, parent or named
21relative as his or her attorney-in-fact for specified, or all, purposes, and that expires
22after the service member is reported missing, is extended for the period that the
23service member is missing.
SB297,15,324 (b) No power of attorney executed after the effective date of this subsection ....
25[revisor inserts date], by a service member in active state service may be extended

1under par. (a) if the document creating the power of attorney clearly indicates that
2the power granted expires on the date specified even if the service member, after the
3date of execution of the document, is reported missing to the department.
SB297,15,14 4(22) Professional liability protection. (a) 1. If a service member who is called
5into active state service has coverage under a professional liability insurance policy
6that does not cover claims filed with respect to the service member during the period
7of active state service unless the premiums are paid for the coverage for that period,
8the insurer that provides the coverage shall suspend the service member's coverage
9under the policy upon receipt of a written request from the service member to do so.
10The insurer may not require that premiums be paid for the suspended coverage. The
11insurer shall refund any premium amount already paid for coverage of the service
12member for the period after the coverage is suspended or shall, at the option of the
13service member, apply such amount to payment of any premium that becomes due
14upon reinstatement of the coverage.
SB297,15,1815 2. Subdivision 1. does not require the suspension of coverage for any other
16person who has coverage under the policy and who is not a service member called into
17active state service or relieve any person of the obligation to pay premiums for
18coverage that is not required to be suspended under subd. 1.
SB297,15,2319 (b) 1. Subject to subd. 2., an insurer that suspends coverage under par. (a) is
20not liable with respect to any claim that is based on the professional conduct,
21including the failure to take an action in a professional capacity, of the service
22member that occurs while the service member's professional liability coverage is
23suspended under this subsection.
SB297,16,424 2. For purposes of subd. 1., a claim that is based on the failure of a professional
25to make adequate provision for the care of patients during the professional's period

1of active state service shall be considered to be based on an action or the failure to
2take action before the beginning of the period during which coverage is suspended
3under this subsection, unless professional services were provided after the date on
4which the suspension of coverage began.
SB297,16,125 (c) 1. If a service member whose professional liability insurance coverage is
6suspended under par. (a) transmits to the insurer, within 30 days after the date on
7which the service member is released from active state service, a written request for
8reinstatement of his or her professional liability insurance coverage, the insurer
9must reinstate the coverage as of the date on which the insurer receives the written
10request. The period for which the coverage must be reinstated may not be less than
11the balance of the period for which the coverage would have continued under the
12policy had the coverage not been suspended.
SB297,16,2113 2. Upon receipt of the written request under subd. 1., the insurer shall notify
14the service member of the due date for paying the premium for the insurance, and
15the service member shall pay the premium within 30 days after receiving the notice.
16For the minimum period of reinstatement required under subd. 1., the insurer may
17not increase the amount of the premium over the amount that was chargeable before
18the suspension of the coverage for that period, except to the extent of any general
19increase in premiums charged by the insurer for the same professional liability
20coverage for persons similarly covered by such insurance during the period of the
21suspension.
SB297,17,222 (d) 1. Any action or proceeding in any court or before any public agency, as
23defined in s. 36.54 (2) (a) 2., based on the alleged professional negligence or other
24professional liability of a service member whose professional liability insurance

1coverage has been suspended under par. (a) shall be stayed until the end of the period
2of suspension if all of the following apply:
SB297,17,33 a. The action or proceeding was commenced during the period of suspension.
SB297,17,54 b. The action or proceeding is based on an act or omission that occurred before
5the date on which the period of suspension began.
SB297,17,86 c. The professional liability insurance policy would, except for the suspension,
7on its face cover the alleged professional negligence or other professional liability of
8the service member.
SB297,17,119 2. Whenever an action or proceeding is stayed under subd. 1., the action or
10proceeding shall be considered to have been filed on the date on which the service
11member's coverage is reinstated under par. (c) 1.
SB297,17,1512 3. In any action or proceeding in which a stay may be granted under subd. 1.,
13the period during which the professional liability insurance coverage is suspended
14may not be included in computing any limitations period for commencing the action
15or proceeding.
SB297,17,1816 (e) If a service member whose professional liability insurance coverage is
17suspended under par. (a) dies during the period of suspension, all of the following
18apply:
SB297,17,2019 1. The requirement to stay any action or proceeding under par. (d) 1. terminates
20on the date of the service member's death.
SB297,17,2521 2. The insurer that suspended the coverage is liable for any claim for damages
22for the professional negligence or other professional liability of the deceased service
23member in the same manner and to the same extent as the insurer would be liable
24if the service member had died while covered by the insurance but before the claim
25was filed.
SB297,18,3
1(23) Notice of benefits under this section. The department shall provide
2each service member a brochure explaining this section when that service member
3enters active state service.
SB297, s. 2 4Section 2. 45.53 (title) of the statutes is amended to read:
SB297,18,5 545.53 (title) Soldiers' and sailors' civil relief act; federal service.
SB297, s. 3 6Section 3. Initial applicability.
SB297,18,87 (1) This act first applies to service members who enter active state service on
8September 12, 2001.
SB297,18,99 (End)
Loading...
Loading...