AB210: Bill Text

AB210, s. 43 Section 43. 20.485 (2) (vx) of the statutes is amended to read:

AB210,14,2 20.485 (2) (vx) County grants. The amounts in the schedule for payment of grants under s. 45.43 (7) 45.82.

AB210, s. 44 Section 44. 20.485 (2) (vz) of the statutes is amended to read:

AB210,14,5 20.485 (2) (vz) American Indian grants. The amounts in the schedule for grants to American Indian tribes and bands under s. 45.35 (14) (h) 45.82 (4).

AB210, s. 45 Section 45. 20.485 (2) (wd) of the statutes is amended to read:

AB210,14,9 20.485 (2) (wd) Operation of Wisconsin veterans museum Veterans Museum. The amounts in the schedule for the operation of the Wisconsin veterans museum Veterans Museum under s. 45.014 45.07.

AB210, s. 46 Section 46. 20.485 (2) (x) of the statutes is amended to read:

AB210,14,15 20.485 (2) (x) Federal per diem payments. The amounts in the schedule for the provision of assistance to veterans under s. 45.357 45.43. All moneys received from the federal government as per diem payments for veterans participating in the veterans assistance program under s. 45.357 45.43 shall be credited to this appropriation account.

AB210, s. 47 Section 47. 20.485 (2) (yn) of the statutes is amended to read:

AB210,15,2 20.485 (2) (yn) Veterans trust fund loans and expenses. Biennially, the amounts in the schedule for the purpose of providing loans under s. 45.356 45.42 and for the payment of expenses and other payments as a consequence of being a mortgagee or owner under home improvement loans made under s. 45.79 (7) (c), 1997 stats., or under s. 45.351 (2), 1995 stats., s. 45.352, 1971 stats., s. 45.80, 1989 stats., and s. 45.356 45.42. All moneys received under ss. 45.356 (9) (a) and (b) 45.42 (8) (a) and (b) and 45.79 (7) (c) 45.37 (7) (c) for the purpose of providing loans under the personal loan program under s. 45.356 45.42 shall be credited to this appropriation account. All payments of interest and repayments of principal for loans made under s. 45.351 (2), 1995 stats., s. 45.352, 1971 stats., s. 45.80, 1989 stats., s. 45.356, and s. 45.79 (7) (c), 1997 stats., shall revert to the veterans trust fund.

AB210, s. 48 Section 48. 20.485 (2) (yo) of the statutes is amended to read:

AB210,15,5 20.485 (2) (yo) Debt payment. A sum sufficient for the payment of obligations incurred for moneys received under s. 45.356 (9) (a) and (b) 45.42 (8) (a) and (b).

AB210, s. 49 Section 49. 20.485 (2) (z) of the statutes is amended to read:

AB210,15,8 20.485 (2) (z) Gifts. All moneys received under s. 45.35 (13) (a) 45.03 (12) (a) to be used as provided in that subsection.

AB210, s. 50 Section 50. 20.485 (2) (zm) of the statutes is amended to read:

AB210,15,11 20.485 (2) (zm) Museum gifts and bequests. All moneys received under s. 45.35 (13) (b) 45.03 (12) (b) to be used as provided in that subsection.

AB210, s. 51 Section 51. 20.485 (3) (b) of the statutes is amended to read:

AB210,15,15 20.485 (3) (b) Self insurance. A sum sufficient to cover deficiencies in the amounts necessary to repay principal and interest on veterans housing loans made under s. 45.79 45.37 and financed by bonds sold pursuant to under s. 234.40.

AB210, s. 52 Section 52. 20.485 (3) (e) of the statutes is amended to read:

AB210,15,19 20.485 (3) (e) General program deficiency. A sum sufficient to pay any general program deficiency under s. 45.79 45.37, including any deficiency in the capital reserve fund requirement under s. 234.42.

AB210, s. 53 Section 53. 20.485 (3) (q) of the statutes is amended to read:

AB210,15,25 20.485 (3) (q) Foreclosure loss payments. As a continuing appropriation from the veterans mortgage loan repayment fund, all moneys deposited and held in accounts in the veterans mortgage loan repayment fund to pay costs under s. 45.79 (7) (a) 3. and 7. 45.37 (7) (a) 3. and 7., for the purpose of paying costs under s. 45.79 (7) (a) 3. and 7. 45.37 (7) (a) 3. and 7.

AB210, s. 54 Section 54. 20.485 (3) (rm) of the statutes is amended to read:

AB210,16,6 20.485 (3) (rm) Other reserves. As a continuing appropriation from the veterans mortgage loan repayment fund, all moneys deposited and held in the veterans mortgage loan repayment fund to pay costs under s. 45.79 (7) (a) 5. to 8. and 10. 45.37 (7) (a) 5. to 8. and 10., for the purposes under s. 45.79 (7) (a) 5. to 8. and 10 45.37 (7) (a) 5. to 8. and 10.

AB210, s. 55 Section 55. 20.485 (3) (s) of the statutes is amended to read:

AB210,16,10 20.485 (3) (s) General program operations. The amounts in the schedule from the veterans mortgage loan repayment fund for general program operations of the veterans mortgage loan program under s. 45.79 45.37.

AB210, s. 56 Section 56. 20.485 (3) (sm) of the statutes is amended to read:

AB210,16,13 20.485 (3) (sm) County grants. The amounts in the schedule from the veterans mortgage loan repayment fund for payment of grants made under s. 45.43 (7) 45.82.

AB210, s. 57 Section 57. 20.485 (3) (t) of the statutes is amended to read:

AB210,16,20 20.485 (3) (t) Debt service. As a continuing appropriation from the veterans mortgage loan repayment fund, all moneys deposited and held in accounts in the veterans mortgage loan repayment fund to reimburse s. 20.866 (1) (u) for the payment of debt service costs incurred in providing veterans mortgage loans under s. 45.79 (6) (a) 45.37 (6) (a) and for debt service costs incurred in contracting public debt for any of the purposes under s. 18.04 (5), for these purposes.

AB210, s. 58 Section 58. 20.485 (3) (v) of the statutes is amended to read:

AB210,17,3 20.485 (3) (v) Revenue obligation repayment. All moneys received in the fund or funds created under s. 45.79 (9) 45.37 (10) for the purposes of retiring revenue obligations, providing reserves, funding additional loans, purchasing assumed mortgages and funding program operations under s. 45.79 (6) (c) and (9) 45.37 (6) (c) and (10). All moneys received are irrevocably appropriated in accordance with subch. II of ch. 18 and further established in resolutions authorizing the issuance of revenue obligations and setting forth the distribution of funds received thereafter.

AB210, s. 59 Section 59. 20.485 (3) (w) of the statutes is amended to read:

AB210,17,10 20.485 (3) (w) Revenue obligation funding. As a continuing appropriation, all proceeds from revenue obligations issued under s. 45.79 (6) (c) 45.37 (6) (c) and deposited in the fund created under s. 18.57 (1), for the costs of issuance and management of the obligations, to provide related reserve funds and for the purposes of s. 45.79 45.37. Estimated disbursements under this paragraph shall not be included in the schedule under s. 20.005.

AB210, s. 60 Section 60. 20.485 (3) (wd) of the statutes is amended to read:

AB210,17,14 20.485 (3) (wd) Loan-servicing administration. From the veterans mortgage loan repayment fund, the amounts in the schedule for administrative costs of servicing loans under s. 45.79 (5) (a) 10 45.37 (5) (a) 10.

AB210, s. 61 Section 61. 20.485 (3) (wg) of the statutes is amended to read:

AB210,17,19 20.485 (3) (wg) Escrow payments, recoveries, and refunds. From the veterans mortgage loan repayment fund, all moneys received by the department under s. 45.79 (5) (a) 6. 45.37 (5) (a) 6. to make payments required of the department under s. 45.79 (5) (a) 6 45.37 (5) (a) 6.

AB210, s. 62 Section 62. 20.485 (3) (wp) of the statutes is amended to read:

AB210,17,23 20.485 (3) (wp) Loan-servicing rights. Biennially, from the veterans mortgage loan repayment fund, the amounts in the schedule to purchase loan-servicing rights from authorized lenders under s. 45.79 (5) (a) 10 45.37 (5) (a) 10.

AB210, s. 63 Section 63. 20.485 (4) (g) of the statutes is amended to read:

AB210,18,4 20.485 (4) (g) Cemetery operations. The amounts in the schedule for the care and operation of the veterans memorial cemeteries under s. 45.358 45.61 other than those costs provided under pars. (q) and (r). All moneys received under s. 45.358 (3m) 45.61 (3) shall be credited to this appropriation account.

AB210, s. 64 Section 64. 20.485 (4) (h) of the statutes is amended to read:

AB210,18,7 20.485 (4) (h) Gifts, grants and bequests. All moneys received under s. 45.358 (4) 45.61 (1) as gifts, grants or bequests to be expended for the purposes made.

AB210, s. 65 Section 65. 20.485 (4) (m) of the statutes is amended to read:

AB210,18,12 20.485 (4) (m) Federal aid; cemetery operations and burials. All moneys received from the federal government for the operation of veterans memorial cemeteries under s. 45.358 45.61 as authorized by the governor under s. 16.54, to be used for that purpose.

AB210, s. 66 Section 66. 20.485 (4) (q) of the statutes is amended to read:

AB210,18,16 20.485 (4) (q) Cemetery administration and maintenance. From the veterans trust fund, the amounts in the schedule for the administrative and maintenance costs of operating the veterans memorial cemeteries under s. 45.358 45.61.

AB210, s. 67 Section 67. 20.485 (4) (r) of the statutes is amended to read:

AB210,18,21 20.485 (4) (r) Cemetery energy costs. From the veterans trust fund, the amounts in the schedule to be used at the veterans memorial cemeteries operated under s. 45.358 45.61 for utilities and for fuel, heat and air conditioning and for costs incurred by or on behalf of the department of veterans affairs under ss. 16.858 and 16.895.

AB210, s. 68 Section 68. 20.485 (5) (g) of the statutes is amended to read:

AB210,19,2 20.485 (5) (g) Proprietary school programs. The amounts in the schedule for the examination and approval of proprietary school programs. All moneys received from the issuance of solicitor's permits under s. 45.54 (8) 39.90 (6) and from the fees under s. 45.54 (10) 39.90 (7) shall be credited to this appropriation, except those fees credited to par. (gm).

AB210, s. 69 Section 69. 20.485 (5) (gm) of the statutes is amended to read:

AB210,19,6 20.485 (5) (gm) Student protection. All moneys received from the fees received under s. 45.54 (10) (c) 4. 39.90 (7) (c) 4., for the purpose of indemnifying students, parents, or sponsors under s. 45.54 (10) (a) 39.90 (7) (a).

AB210, s. 70 Section 70. 20.866 (2) (zn) of the statutes is amended to read:

AB210,19,11 20.866 (2) (zn) Veterans affairs; self-amortizing mortgage loans. From the capital improvement fund, a sum sufficient for the department of veterans affairs for loans to veterans under s. 45.79 (6) (a) 45.37 (6) (a). The state may contract public debt in an amount not to exceed $2,120,840,000 for this purpose.

AB210, s. 71 Section 71. 21.11 (3) of the statutes is amended to read:

AB210,19,15 21.11 (3) The adjutant general may activate members of the national guard for the purpose of serving on an honors detail of a military honors funeral funeral honors for a deceased veteran person described under s. 45.19 45.60 (1).

AB210, s. 72 Section 72. 21.16 of the statutes is repealed.

AB210, s. 73 Section 73. 21.49 (4) (c) of the statutes is amended to read:

AB210,19,19 21.49 (4) (c) No guard member may receive a grant under sub. (3) for any semester in which he or she received a grant payment under s. 45.25 45.20 (2).

AB210, s. 74 Section 74. 21.74 of the statutes is created to read:

AB210,19,22 21.74 Soldiers and sailors civil relief act; federal service. (1) In this section, unless the context indicates otherwise:

AB210,20,3 (a) "Interest and penalties" means interest and penalties accruing on taxes during the period of military service 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, 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.

AB210,20,6 (b) "Person in military service" means any man or woman who is serving on active duty in the U.S. armed forces, except service on active duty for training purposes.

AB210,20,9 (c) "Property" means any real estate or personal property belonging to a person in military service that was acquired prior to the commencement of military service or that was acquired by descent.

AB210,20,11 (d) "Taxes" means any general taxes or special assessments or tax certificates evidencing those taxes and assessments not belonging to private buyers.

AB210,20,16 (2) 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, the enforcement of certain tax obligations or liabilities that may prejudice the property rights of persons in military service may be temporarily suspended as provided in this section.

AB210,21,8 (3) Any person while in the military service of the United States or within 6 months after terminating service, 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. 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 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, the court shall enter an order determining that the person is entitled to relief under this section. 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 of the person, or for the time reasonably necessary to complete the agreement provided in sub. (7). 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.

AB210,21,12 (4) 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.

AB210,21,16 (5) The penalties and interest waived under this section are those for nonpayment of all taxes or assessments, general or special, falling due during the period of military service 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.

AB210,22,10 (6) The person owning or having an interest in any property in respect to which the order under sub. (3) 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 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.

AB210,22,20 (7) Any person seeking relief under this section, within 6 months after termination of military service, 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, 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 of the person, in equal periodic installments of not less than $10, and subject to any other terms as may be just and reasonable.

AB210,23,12 (8) In the event the applicant defaults in the performance of any of the provisions of the agreement, the treasurer shall notify the applicant of the default and the amount and date due, by written notice either served personally or by registered mail, return receipt requested, to the address set forth in the application. If the defaulted payment is not fully made within 10 days after service of the notice, then the treasurer, without further notice, may declare that the entire amount of the tax subject to the scheduled installments is immediately due and payable and that the agreement is terminated. The county treasurer shall notify the register of deeds and the town, city, or village treasurer of the termination, or if the city treasurer of cities authorized by law to sell lands for the nonpayment of taxes, the latter shall notify the register of deeds, the county treasurer, and the local officers and shall make appropriate notations of the termination on their records. The county treasurer, or city treasurer as to taxes of cities authorized by law to sell land for the nonpayment of taxes, may without further order of the court enforce the collection of such tax or assessment and sell such tax certificates together with the penalties and interest as may have accrued on the property from the date of default of the scheduled installment payment.

AB210, s. 75 Section 75. 21.78 of the statutes is created to read:

AB210,24,2 21.78 Employees or officers in military service. (1) The governing body of any county, town, city, village, school district, or technical college district may grant a leave of absence to any employee or officer who is inducted or who enlists in the U.S. armed forces for a period of military service of not more than 4 years unless the employee is involuntarily retained for a longer period. No salary or compensation of the employee or officer shall be paid, nor claim for the salary or compensation exist, during the leave of absence, except as provided in this section. If the employee's or officer's salary or compensation is less in the U.S. armed forces than was paid by the county, town, city, village, school district, or technical college district, that governmental unit may pay the employee or officer the difference between the salary or compensation paid by the U.S. armed forces and the salary or compensation that the employee or officer was paid by the county, town, city, village, school district, or technical college district at the time that he or she enlisted in or was inducted into the U.S. armed forces.

AB210,24,5 (2) The governing body may provide for safeguarding the reinstatement and pension rights, as limited in this section, of any employee or officer so inducted or enlisted.

AB210,24,8 (3) No employee or officer who is appointed to fill the place of any employee or officer so inducted or enlisted shall acquire permanent tenure during the period of replacement service.

AB210,24,24 (4) If the leave of absence under sub. (1) is granted to an elected or appointed official or employee and the official or employee has begun service in the U.S. armed forces, a temporary vacancy exists and a successor may be appointed to fill the unexpired term of the official or employee, or until the official or employee returns and files election to resume the office if the date of the filing is prior to the expiration of the term. The appointment shall be made in the manner provided for the filling of vacancies caused by death, resignation, or otherwise, except that no election need be held to fill a temporary vacancy. The appointee has all the powers, duties, liabilities, and responsibilities and shall be paid and receive the compensation and other benefits of the office or position, unless otherwise provided by the governing body. Within 40 days after the termination of service in the U.S. armed forces, the elected or appointed official or employee, upon filing with the clerk of the governmental unit, a statement under oath of termination and that the official or employee elects to resume the office or position, may resume the office or position for the remainder of the term for which elected or appointed. The person temporarily filling the vacancy shall cease to hold the office on the date of the filing.

AB210,25,9 (5) In cities of the 3rd class with a commission plan of government, in case of temporary or permanent vacancies in the office of mayor, the vice mayor shall temporarily succeed to the office of mayor for the balance of the unexpired term for which the mayor was elected unless sooner terminated as provided in s. 17.035 (3). A temporary or permanent vacancy created in the office of council member may be filled as provided in this section. The term of the person appointed temporarily to the office of council member shall not extend beyond the expiration of the term of the office vacated and the temporary term shall be vacated sooner as provided for in s. 17.035 (3).

AB210, s. 76 Section 76. 21.79 of the statutes is created to read:

AB210,25,22 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:

AB210,25,25 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.

AB210,26,1 2. The person is still qualified to perform the duties of the position.

AB210,26,5 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.

AB210,26,7 4. The employer's circumstances have not changed as to make it impossible or unreasonable to restore the person.

AB210,26,8 5. The military service was not for more than 4 years unless extended by law.

AB210,26,13 (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.

AB210,26,17 (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.