AB400: Bill Text

AB400,49,21 321.23 (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.

AB400,50,12 (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.

AB400,50,21 (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.

AB400,51,5 (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.

AB400, s. 135 Section 135. 21.612 of the statutes is repealed.

AB400, s. 136 Section 136. 21.616 (title) of the statutes is repealed.

AB400, s. 137 Section 137. 21.616 of the statutes is renumbered 321.23 (2) and amended to read:

AB400,51,23 321.23 (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.

AB400, s. 138 Section 138. 21.62 of the statutes is repealed.

AB400, s. 139 Section 139. 21.63 of the statutes is repealed.

AB400, s. 140 Section 140. 21.70 (title) of the statutes is repealed.

AB400, s. 141 Section 141. 21.70 (1) and (2) of the statutes are renumbered 321.02 (1) and (2) and amended to read:

AB400,52,14 321.02 (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.

AB400,52,18 (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.

AB400, s. 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:

AB400,52,23 321.60 (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.

AB400,53,7 (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.

AB400,53,9 (5) The department of military affairs shall assist any service member who needs assistance to renew or extend a license under this section.

AB400,53,12 (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.

AB400, s. 143 Section 143. 21.74 (title) of the statutes is renumbered 321.61 (title) and amended to read:

AB400,53,16 321.61 (title) Soldiers and sailors Service members civil relief act for property taxes and mobile telephone contracts; federal service active duty.

AB400, s. 144 Section 144. 21.74 (1) of the statutes is renumbered 321.61 (1) (a) and amended to read:

AB400,53,19 321.61 (1) (a) In this section subsection, unless the context indicates otherwise:

AB400,54,2 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.

AB400,54,5 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.

AB400,54,8 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.

AB400,54,10 4. "Taxes" means any general property taxes or special assessments or tax certificates evidencing those taxes and assessments not belonging to private buyers.

AB400, s. 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:

AB400,54,17 321.61 (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.

AB400,55,10 (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.

AB400,55,15 (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.

AB400,55,20 (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.

AB400,56,14 (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.

AB400,56,25 (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.

AB400, s. 146 Section 146. 21.74 (8) of the statutes is renumbered 321.61 (1) (h).

AB400, s. 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:

AB400,57,7 321.61 (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.

AB400,57,10 (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.

AB400,57,20 (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.

AB400,58,2 (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.

AB400, s. 148 Section 148. 21.75 (title) of the statutes is renumbered 321.62 (title) and amended to read:

AB400,58,6 321.62 (title) Soldiers' and sailors' Service members civil relief act; state service active duty.

AB400, s. 149 Section 149. 21.75 (1) (intro.) of the statutes is renumbered 321.62 (1) (intro.).

AB400, s. 150 Section 150. 21.75 (1) (a) of the statutes is repealed.

AB400, s. 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:

AB400,58,12 321.62 (1) (a) "Court" means a Wisconsin circuit court of record, a Wisconsin court of appeals, or the Wisconsin supreme court.

AB400,58,16 (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.

AB400,58,19 (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.

AB400, s. 152 Section 152. 21.75 (1) (c) of the statutes is repealed.

AB400, s. 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:

AB400,59,3 321.62 (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.

AB400,59,13 (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.

AB400, s. 154 Section 154. 21.75 (3) of the statutes is renumbered 321.62 (3) and amended to read:

AB400,59,22 321.62 (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.

AB400, s. 155 Section 155. 21.75 (4) of the statutes is renumbered 321.62 (4).

AB400, s. 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:

AB400,60,17 321.62 (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.

AB400,60,23 (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:

AB400,60,25 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.

AB400, s. 157 Section 157. 21.75 (6) and (7) of the statutes are renumbered 321.62 (6) and (7) and amended to read:

AB400,61,10 321.62 (6) Stay of action. During any stage of a court action in which a service member in active state service active duty is involved as a party, or within 60 days after the end of the period of active state service active duty, the court in which the action is pending may on its own motion, and shall, on application of the service member or some person acting on behalf of the service member, stay the action unless the court determines that the service member's ability to represent his or her interest in the action is not materially affected by reason of his or her active state service active duty.

AB400,61,19 (7) Stay or vacation of executions or attachments. In any court action that is commenced against a service member before or after entering active state service active duty, or within 60 days after the period of active state service active duty ends, the court may on its own motion, and shall, on application of the service member or some person acting on behalf of the service member, stay the execution of any judgment or order entered against the service member, or stay or vacate any attachment or garnishment regarding the service member's property, unless the court determines that the service member's ability to comply with the judgment or order is not materially affected by reason of his or her active state service active duty.

AB400, s. 158 Section 158. 21.75 (8) of the statutes is renumbered 321.62 (8), and 321.62 (8) (a), as renumbered, is amended to read:

AB400,61,24 321.62 (8) (a) Any stay of any action, attachment, execution, or garnishment under this section may be ordered for the period of the active state service active duty and 3 months 90 days after that period has ended, or for any part of that time.

AB400, s. 159 Section 159. 21.75 (9) and (10) of the statutes are renumbered 321.62 (9) and (10) and amended to read:

AB400,62,9 321.62 (9) Statutes of limitations. The period of active state service active duty may not be included in computing any period for the bringing of any action or proceeding in any court or before any public agency, as defined in s. 36.54 (2) (a) 2., by or against a person in active state service active duty or by or against his or her heirs, personal representatives, or assigns, whether the cause of action or proceeding or the right to bring the action or proceeding accrued before or during the period of active state service active duty.

AB400,62,19 (10) Maximum interest rate. No obligation or liability bearing interest at a rate in excess of 6% 6 percent per year incurred by a service member in active state service active duty before his or her entry into that service duty may, during any part of the period of active state service active duty, bear interest in excess of 6% 6 percent per year except by court order. If, upon application by an obligee, a court determines that the ability of the service member to pay interest upon the obligation or liability at a rate in excess of 6% 6 percent per year is not materially affected by reason of his or her active state service active duty, the court may make any order that is just. In this subsection, "interest" includes service charges, renewal charges, fees, or other charges, other than insurance, in respect to the obligation or liability.

AB400, s. 160 Section 160. 21.75 (11) of the statutes is renumbered 321.62 (11), and 321.62 (11) (a) and (b), as renumbered, are amended to read:

AB400,63,2 321.62 (11) (a) No eviction may be made during the period of active state service active duty in respect to any premises for which the agreed rent does not exceed $1,200 per month the amount specified in 50 USC App. 531, occupied chiefly for dwelling purposes by the spouse, children, or other dependents of a service member who is in active state service active duty, except upon order of a court in an action affecting the right of possession.

AB400,63,11 (b) In an action for eviction under par. (a), the court may on its own motion, and shall, on application of the service member or some person acting on behalf of the service member, stay the proceedings for not longer than 3 months 90 days unless the court determines that the ability of the tenant to pay the agreed rent is not materially affected by the active state service active duty. The court may make any other order in the eviction action as it considers necessary and just. If a stay or order is issued under this paragraph, the court may, upon the request of the owner of the premises, make any other order as may be applicable to conserve the interests of all of the parties.

AB400, s. 161 Section 161. 21.75 (12) of the statutes is renumbered 321.62 (12), and 321.62 (12) (a), (b) (intro.) and (c) 1., as renumbered, are amended to read:

AB400,63,18 321.62 (12) (a) In this subsection, "obligation" means an obligation of a service member in active state service active duty that was incurred before the service member's period of active state service active duty began and that is secured by a mortgage, deed of trust, or other security in the nature of a mortgage on real or personal property that is owned by the service member.

AB400,64,2 (b) (intro.) If a court action against a service member is commenced during the service member's period of active state service active duty to enforce an obligation for nonpayment of any sum due or for any other breach of terms occurring before or during the service member's period of active state service active duty, the court shall hold a hearing on the matter. Unless the court determines that the service member's ability to comply with the terms of the obligation is not materially affected by reason of his or her active state service active duty, the court on its own motion may, or upon application of the service member or another person on his or her behalf shall, do any of the following:

AB400,64,9 (c) 1. Notwithstanding the times provided in ss. 846.10, 846.101, 846.102, and 846.103 for sales of real property, no foreclosure, sale, or seizure of property for nonpayment of any sum due or for any other breach of terms is valid if it occurs during or within 3 months 90 days after the service member's period of active state service active duty, unless the court ordered the foreclosure, sale, or seizure of property before the beginning of the service member's period of active state service active duty and approves the foreclosure, sale, or seizure after it occurs.

AB400, s. 162 Section 162. 21.75 (13) of the statutes is renumbered 321.62 (13) and amended to read:

AB400,64,19 321.62 (13) Personal property contracts. When an action to resume possession of personal property, or to rescind or terminate a contract for the purchase of personal property, has been stayed under this section, the court may appoint 3 disinterested persons to appraise the property. Based upon the report of the appraisers, and unless undue hardship would result to the dependents of the service member in active state service active duty, the court may order that a sum be paid to the service member as a condition of resuming possession of the property or rescinding or terminating the contract.

AB400, s. 163 Section 163. 21.75 (14) of the statutes is renumbered 321.62 (14), and 321.62 (14) (a) 1. and (b), as renumbered, are amended to read:

AB400,64,23 321.62 (14) (a) 1. The lease was executed by or on behalf of a service member who entered active state service active duty after the lease was executed.

AB400,65,3 (b) A lease to which this subsection applies may be terminated by the service member at any time after the beginning of the service member's period of active state service active duty by giving notice in writing by personal delivery or first class mail to the landlord or the person who has been receiving rent or managing the property as the landlord's agent.

AB400, s. 164 Section 164. 21.75 (15) of the statutes is renumbered 321.62 (15), and 321.62 (15) (a) and (b), as renumbered, are amended to read:

AB400,65,10 321.62 (15) (a) Notwithstanding ss. 704.05 (5) and 704.90, no person may enforce a lien for storage of any household goods, furniture, or personal effects of a service member during the period in which the service member is in military service state active duty and for 90 days after the member's completion of military service state active duty, except as permitted by a court order under par. (b).

AB400,65,20 (b) No person may exercise any right to foreclose or enforce a lien for the storage of household goods, furniture, or personal effects of a service member during the service member's period of active state service active duty and for 3 months 90 days after that period ends except upon an order of the court. In an action under this paragraph, the court, after a hearing, may on its own motion, and shall, on application of the service member or some person acting on behalf of the service member, stay the proceeding or make such other order as may be equitable to conserve the interests of all parties, unless the court determines that the ability of the service member to pay storage charges due is not materially affected by his or her active state service active duty.

AB400, s. 165 Section 165. 21.75 (16) of the statutes is renumbered 321.62 (16) and amended to read:

AB400,66,3 321.62 (16) Dependent benefits. Upon application to the court, a dependent of a service member is entitled to the same benefits given to a service member while in active state service active duty, unless the court determines that the ability of the dependent to comply with the terms of an obligation, contract, lease, or bailment is not materially impaired by reason of the service member's active state service active duty.

AB400, s. 166 Section 166. 21.75 (17) of the statutes is renumbered 321.62 (17).

AB400, s. 167 Section 167. 21.75 (18) of the statutes is renumbered 321.62 (18) and amended to read:

AB400,66,11 321.62 (18) Certificate of service state active duty; person reported missing. (a) In any action or proceeding under this section, a certificate signed by the adjutant general or a person designated by the adjutant general as to the period of state active service duty of a service member shall be prima facie evidence as to any of the following facts unless shown to be incorrect:

AB400,66,12 1. That the service member named has been in active state service active duty.

AB400,66,14 2. The period of the active state service active duty, including the date the service member was ordered into active state service active duty.