AB210: Bill Text

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.

AB210,27,6 (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.

AB210,27,18 (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.

AB210,27,22 (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.

AB210,27,25 (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.

AB210,28,3 (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.

AB210, s. 77 Section 77. 21.80 (3) (g) of the statutes is amended to read:

AB210,28,9 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.

AB210, s. 78 Section 78. 25.17 (1) (xp) of the statutes is amended to read:

AB210,28,11 25.17 (1) (xp) Veterans mortgage loan repayment fund (s. 45.79 (7) 45.37 (7));

AB210, s. 79 Section 79. 25.17 (1) (yv) of the statutes is amended to read:

AB210,28,14 25.17 (1) (yv) Wisconsin Veterans Home at King and veterans facilities homes members fund (s. 25.37);

AB210, s. 80 Section 80. 25.36 (1) of the statutes is amended to read:

AB210,29,11 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.

AB210, s. 81 Section 81. 25.37 of the statutes is amended to read:

AB210,29,19 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).

AB210, s. 82 Section 82. 28.035 (3) (a) of the statutes is amended to read:

AB210,30,10 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).

AB210, s. 83 Section 83. 29.219 (2) (c) of the statutes is amended to read:

AB210,30,15 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.

AB210, s. 84 Section 84. 29.506 (7m) (a) of the statutes is amended to read:

AB210,30,20 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.

AB210, s. 85 Section 85. 29.563 (3) (a) 8. of the statutes is amended to read:

AB210,30,24 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.

AB210, s. 86 Section 86. 36.27 (2) (b) 4. of the statutes is amended to read:

AB210,31,6 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).

AB210, s. 87 Section 87. 36.27 (3r) of the statutes is amended to read:

AB210,31,11 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).

AB210, s. 88 Section 88. 38.24 (6) of the statutes is amended to read:

AB210,31,15 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).

AB210, s. 89 Section 89. Subchapter V (title) of chapter 39 [precedes 39.90] of the statutes is created to read:

AB210,31,18 chapter 39

AB210,31,19 Subchapter v

AB210,31,20 educational approval board

AB210, s. 90 Section 90. 39.90 of the statutes is created to read:

AB210,31,23 39.90 Educational approval board. (1) Definitions. In this section, unless the context clearly requires otherwise:

AB210,31,24 (a) "Board" means the educational approval board.

AB210,32,3 (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.

AB210,32,6 (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.

AB210,32,8 (d) "Person" means any individual, partnership, association, corporation, or limited liability company, or any combination of these.