AB400: Bill Text

AB400,78,7 3. Subject to subds. 4. and 5., if a person who has been absent from a position of employment because of active state service that lasted for more than 180 days or who has been absent from a position of employment because the person was hospitalized for or was convalescing from an illness or injury that was incurred in or aggravated during the performance of that active state service wishes to receive the reemployment rights and benefits specified in this section, the person must notify the person's employer of the person's intent to return to the position of employment by submitting to the employer an application for reemployment by no later than 90 days after the completion of the active state service, hospitalization, or convalescence or, if through no fault of the person's own submitting the application within that time is impossible or unreasonable, by submitting to the employer an application for reemployment by no later than the first full calendar day on which submission of the application becomes possible.

AB400,78,16 (f) 1. A person who submits an application for reemployment under par. (e) 2. or 3. must, on the request of the person's employer, provide to the employer documentation to establish that the application was submitted within the time limits specified in par. (e) 2. or 3., that the person's cumulative length of all absences from employment with the employer because of active state service or service in the uniformed services and federal active duty does not, except as permitted under par. (c), exceed 5 years, and, in the case of active state service in the national guard in this or another state or the state defense force, that the person's service was not terminated under other than honorable conditions.

AB400,78,21 (h) Prohibited bases for denial of reemployment. In determining a person's right to reemployment and other benefits under this section, an employer may not deny reemployment or any other benefits based on the timing, frequency, duration, or nature of the person' s active state service or service in the uniformed services federal active duty so long as the requirements under par. (a) are met.

AB400, s. 183 Section 183. 21.80 (4) of the statutes is renumbered 321.65 (4), and 321.65 (4) (a), as renumbered, is amended to read:

AB400,79,9 321.65 (4) (a) Prompt reemployment required. 1. Subject to subds. 3. and 4. and par. (b), an employer shall reemploy a person who is entitled to reemployment under sub. (3) and whose period of active state service was for less than 91 days promptly on completion of that period of active state service in the position of employment in which the person would have been employed if the continuous employment of the person with the employer had not been interrupted by that active state service so long as the person is qualified to perform the duties of that position or, if after reasonable efforts by the employer to qualify the person to perform those duties the person is not qualified to perform those duties, in the position of employment in which the person was employed on the date on which the person's period of active state service began.

AB400,79,21 2. Subject to subds. 3. and 4. and par. (b), an employer shall reemploy a person who is entitled to reemployment under sub. (3) and whose period of active state service was for more than 90 days promptly on completion of that period of active state service in the position of employment in which the person would have been employed if the continuous employment of the person with the employer had not been interrupted by that active state service or in a position of employment of like seniority, status, and pay so long as the person is qualified to perform the duties of that position or, if after reasonable efforts by the employer to qualify the person to perform those duties the person is not qualified to perform those duties, in the position of employment in which the person was employed on the date on which the person's period of active state service began or in a position of employment of like seniority, status, and pay.

AB400,80,9 3. Subject to par. (b), in the case of a person who has a disability that was incurred in or aggravated during a period of active state service and who, after reasonable efforts by the employer to accommodate the disability, is not qualified due to the disability to perform the duties of the position of employment in which the person would have been employed if the continuous employment of the person with the employer had not been interrupted by the active state service, the employer shall reemploy the person promptly on completion of that period of active state service in any other position that is equivalent to that position in seniority, status, and pay, the duties of which the person is qualified to perform or would become qualified to perform with reasonable efforts by the employer, or, if there is no other position of employment available that is equivalent to that position in seniority, status, and pay, in a position that is the nearest approximation to that equivalent position in terms of seniority, status, and pay, consistent with the person's circumstances.

AB400,81,2 4. Subject to par. (b), in the case of a person who is not qualified to be employed in the position of employment in which the person would have been employed if the continuous employment of the person with the employer had not been interrupted by the person's active state service or in the position of employment in which the person was employed on the date on which the person's period of active state service began for any reason other than disability incurred in or aggravated during a period of active state service and who cannot become qualified to be so employed with reasonable efforts by the employer, the employer shall reemploy the person promptly on completion of that period of active state service in any other position that the person is qualified to perform and that is the nearest approximation to the position of employment in which the person would have been employed if the continuous employment of the person with the employer had not been interrupted by that active state service, with full seniority, or if no position of employment that is the nearest approximation to that position is available, in a position of employment that the person is qualified to perform and that is the nearest approximation to the position of employment in which the person was employed on the date on which the person's period of active state service began, with full seniority.

AB400, s. 184 Section 184. 21.80 (5) of the statutes is renumbered 321.65 (5) and amended to read:

AB400,81,11 321.65 (5) Rights, benefits, and obligations. (a) Seniority. A person who is reemployed under this section is entitled to the seniority and other rights and benefits determined by seniority that the person had on the last day of employment before the person's active state service began, plus all seniority and other rights and benefits determined by seniority that the person would have had if the continuous employment of the person with the employer had not been interrupted by that active state service.

AB400,81,19 (b) Continuation of benefits. 1. Subject to subds. 2. to 5., a person who is absent from employment because of active state service is considered to be on furlough or leave of absence while performing the active state service and is entitled to receive all rights and benefits not determined by seniority that are generally provided by the employer to employees having similar seniority, status, and pay who are on furlough or leave of absence under a contract, agreement, policy, practice, or plan that is in effect on the day on which the active state service began or that is established while the person is performing the active state service.

AB400,82,2 2. If an employer shows that a person who is absent from a position of employment because of active state service has knowingly provided written notice of the person's intent not to return to a position of employment with the employer after that active state service and, in doing so, was aware of the specific rights and benefits under subd. 1. that the person would lose while absent from the position of employment, the person is not entitled to the rights and benefits specified in subd. 1. while absent from employment.

AB400,82,6 3. A person who is considered to be on furlough or leave of absence under subd. 1. while performing active state service is not entitled to any benefit to which the person would not otherwise be entitled if the person had remained continuously employed.

AB400,82,10 4. An employer may require a person who is considered to be on furlough or leave of absence under subd. 1. while performing active state service to pay the employee cost, if any, of any benefit that is continued under subd. 1. to the same extent that other employees who are on furlough or leave of absence are so required.

AB400,82,13 5. A person who is absent from a position of employment because of active state service is entitled to receive coverage under a health benefit plan during the absence and on reemployment as provided in sub. (6).

AB400,82,20 (c) Protection from discharge. An employer that reemploys under this section a person whose period of active state service lasted for more than 30 days, but less than 181 days, may not discharge the person within 180 days after the date of reemployment except for cause. An employer that reemploys under this section a person whose period of active state service lasted for more than 180 days may not discharge the person within one year after the date of reemployment except for cause.

AB400, s. 185 Section 185. 21.80 (6) of the statutes is renumbered 321.65 (6), and 321.65 (6) (a) (intro.) and (c), as renumbered, are amended to read:

AB400,83,3 321.65 (6) (a) Option to continue coverage. (intro.) Notwithstanding s. 632.897, if a person who has coverage under a health benefit plan in connection with the person's employment is absent from a position of employment because of active state service, the insurer that issued the health benefit plan shall permit the person, and the person's dependents, to continue coverage under the health benefit plan until the first to occur of the following:

AB400,83,11 (c) Reinstatement on reemployment. If a person's coverage under a health benefit plan in connection with his or her employment was terminated because of the person's active state service and if after returning from that active state service the person is reemployed under sub. (3), coverage under the health benefit plan shall be reinstated for the person and the person's dependents immediately upon reemployment. With respect to the reinstated coverage, no exclusion or waiting period may be imposed that would not have been imposed had the coverage not been terminated because of the active state service.

AB400, s. 186 Section 186. 21.80 (7) of the statutes is renumbered 321.65 (7).

AB400, s. 187 Section 187. 21.80 (8) of the statutes is repealed.

AB400, s. 188 Section 188. 40.05 (4g) (a) 4. of the statutes is amended to read:

AB400,83,19 40.05 (4g) (a) 4. Has received a military leave of absence under s. 230.32 (3) (a) or 230.35 (3), under a collective bargaining agreement under subch. V of ch. 111 or under rules promulgated by the director of the office of state employment relations or is eligible for reemployment with the state under s. 21.79 321.64 after completion of his or her service in the U.S. armed forces.

AB400, s. 189 Section 189. 45.03 (13) (e) of the statutes is amended to read:

AB400,83,25 45.03 (13) (e) Provide county veterans service officers with the information provided to the department by the adjutant general under s. 21.19 (14) 321.04 (1) (o) and may provide county veterans service officers with information on all necessary military points of contact and general deployment information for reserve units of the U.S. armed forces.

AB400, s. 190 Section 190. 45.20 (2) (d) 3. of the statutes is amended to read:

AB400,84,4 45.20 (2) (d) 3. A veteran may not receive reimbursement under this subsection for any semester in which he or she is eligible for or received a grant under s. 21.49 321.40 or under 10 USC 2007.

AB400, s. 191 Section 191. 45.60 (1) (b) of the statutes is amended to read:

AB400,84,10 45.60 (1) (b) Military funeral honors may be provided by local units of member organizations of the council on veterans programs, by local units of veterans organizations certified by the department to provide military funeral honors, by members of the Wisconsin national guard activated under s. 21.11 (3) 321.04 (2) (e), or by staff of the department.

AB400, s. 192 Section 192. 71.93 (1) (a) 6. of the statutes is amended to read:

AB400,84,13 71.93 (1) (a) 6. An amount owed to the department of military affairs under s. 21.49 (3m) 321.40 (5).

AB400, s. 193 Section 193. 106.54 (7) of the statutes is amended to read:

AB400,84,17 106.54 (7) The division shall receive complaints under s. 21.80 (7) (b) 1. or 2. 321.65 (7) (b) 1. or 2. and shall process the complaints in the same manner that employment discrimination complaints are processed under s. 111.39.

AB400, s. 194 Section 194. 121.05 (1) (a) 13. of the statutes is amended to read:

AB400,84,20 121.05 (1) (a) 13. Pupils attending the Youth Challenge Academy program under s. 21.26 321.03 (1) (c).

AB400, s. 195 Section 195. 121.095 (title) of the statutes is amended to read:

AB400,84,23 121.095 (title) State aid adjustment; Youth Challenge Academy program.

AB400, s. 196 Section 196. 121.095 (1) (a) of the statutes is amended to read:

AB400,85,3 121.095 (1) (a) Determine the number of pupils counted in the school district's membership who are attending the Youth Challenge Academy program under s. 21.26 321.03 (1) (c).

AB400, s. 197 Section 197. 121.095 (1) (b) 1. of the statutes is amended to read:

AB400,85,6 121.095 (1) (b) 1. The amount determined by the department of military affairs under s. 21.26 (2) (a) 321.03 (1) (c) 1.

AB400, s. 198 Section 198. 121.90 (1) (intro.) of the statutes is amended to read:

AB400,85,13 121.90 (1) (intro.) "Number of pupils enrolled" means the number of pupils enrolled on the 3rd Friday of September, including pupils identified in s. 121.05 (1) (a) 1. to 11. and 13., and the number of pupils attending the Youth Challenge Academy program under s. 21.26 321.03 (1) (c) in the previous spring session, except that "number of pupils enrolled" excludes the number of pupils attending public school under s. 118.145 (4) and except as follows:

AB400, s. 199 Section 199. 230.04 (17) of the statutes is amended to read:

AB400,85,16 230.04 (17) The director shall resolve any dispute raised by a complaint filed under s. 21.79 (1) (c) 321.64 (1) (c).

AB400, s. 200 Section 200. 230.315 (1) (c) of the statutes is amended to read:

AB400,85,22 230.315 (1) (c) The employee has received a military leave of absence under s. 230.32 (3) (a) or 230.35 (3), under a collective bargaining agreement under subch. V of ch. 111, or under rules promulgated by the office of employment relations or is eligible for reemployment with the state under s. 21.79 321.64 after completion of his or her service in the U.S. armed forces.

AB400, s. 201 Section 201. 230.32 (7) of the statutes is amended to read:

AB400,86,3 230.32 (7) Any employee who is absent from state service because the employee is in active service, as defined in s. 21.80 (1) (a) 321.65 (1) (a), is entitled to all reemployment rights and benefits provided under s. 21.80 321.65.

AB400, s. 202 Section 202. 302.31 (1m) of the statutes is created to read:

AB400,86,5 302.31 (1m) The detention of persons subject to confinement under s. 322.011.

AB400, s. 203 Section 203. Chapter 321 (title) of the statutes is created to read:

AB400,86,7 chapter 321

AB400,86,8 Department of military affairs

AB400, s. 204 Section 204. Subchapter I (title) of chapter 321 [precedes 321.01] of the statutes is created to read:

AB400,86,11 chapter 321

AB400,86,13 subchapter I general provisions

AB400, s. 205 Section 205. 321.01 of the statutes is created to read:

AB400,86,15 321.01 Definitions. In this chapter:

AB400,86,16 (1) "Active duty" means federal active duty or state active duty.

AB400,86,17 (2) "Department" means the department of military affairs.

AB400,86,18 (3) "Facility" includes armory, base, installation, and airfield.

AB400,86,20 (4) "Federal active duty" means full-time duty in the active military service of the United States, as defined in 10 USC 101 (d) or 32 USC 502, 503, or 904.

AB400,86,24 (5) "Law enforcement agency" means an agency of the federal government, a federally recognized Indian tribe or band, or a state or political subdivision of a state, whose purpose is the detection and prevention of crime and enforcement of laws or ordinances.

AB400,87,3 (6) "Law enforcement officer" means any person employed by a law enforcement agency who is authorized to make arrests for violations of the laws or ordinances that the person is employed to enforce.

AB400,87,5 (7) "Military property" includes arms, clothing, equipment, publications, supplies, and vehicles owned by or in the custody of the department.

AB400,87,7 (8) "Military records" means correspondence, medical records, personnel records, and other documents in the custody of the department.

AB400,87,9 (9) "National guard," unless the context otherwise requires, means both the Wisconsin army national guard and the Wisconsin air national guard.

AB400,87,10 (10) "Political subdivision" means a city, village, town, or county.

AB400,87,13 (11) "State active duty" means full-time state duty in the national guard, or state defense force when activated, under an order of the governor or under an order otherwise issued by authority of law, and includes travel to and from that duty.

AB400,87,15 (12) "Unit" means a formally organized division or subset of the national guard or state defense force.

AB400,87,17 (13) "Wisconsin code of military justice" means the Wisconsin Code of Military Justice under ch. 322.

AB400, s. 206 Section 206. 321.02 (title) of the statutes is created to read:

AB400,87,19 321.02 (title) Powers and duties of the governor.

AB400, s. 207 Section 207. 321.04 (title) and (1) (intro.) of the statutes are created to read:

AB400,87,22 321.04 (title) Powers and duties of the adjutant general. (1) (intro.) The adjutant general or his or her designee shall do all of the following:

AB400, s. 208 Section 208. 321.04 (1) (b) of the statutes is created to read:

AB400,87,25 321.04 (1) (b) Advise the governor on military issues and transmit military correspondence to and from the governor.

AB400, s. 209 Section 209. 321.04 (1) (j) of the statutes is created to read:

AB400,88,2 321.04 (1) (j) Prepare the training of national guard members.

AB400, s. 210 Section 210. 321.04 (1) (m) of the statutes is created to read:

AB400,88,6 321.04 (1) (m) Prepare and issue all necessary accounting books and forms for the national guard. All of the accounting books and forms shall conform as nearly as practicable to those in use in the U.S. army or air force.

AB400, s. 211 Section 211. 321.04 (1) (p) of the statutes is created to read:

AB400,88,8 321.04 (1) (p) Perform the duties under s. 321.51 (2) (e).

AB400, s. 212 Section 212. 321.04 (2) (intro.) of the statutes is created to read:

AB400,88,11 321.04 (2) (intro.) The adjutant general or his or her designee may do any of the following:

AB400, s. 213 Section 213. 321.04 (2) (f) of the statutes is created to read:

AB400,88,13 321.04 (2) (f) Perform the duties under 321.51 (2) (b).

AB400, s. 214 Section 214. Subchapter II (title) of chapter 321 [precedes 321.10] of the statutes is created to read: