21.62
21.62
Rules for issuance of state property to bands. The governor may, by orders, prescribe and establish such rules and regulations for the issuing of state property to bands and the giving of security therefor, the mustering, inspection, property and other returns, as the governor deems proper.
21.62 History
History: 1991 a. 316.
21.63
21.63
Grounds for mustering out of units. If any company sized unit or detachment falls below the minimum in membership, becomes insubordinate, lax in discipline or negligent in drill or other duties, if its members lose interest in their organization, if, upon inspection, it appears that the unit or detachment is not properly organized or conducted, or if the unit or detachment does not make musters and returns, the governor may muster out the unit or detachment and may direct all persons holding arms, equipment and military stores to return the property. Any person, not a member of the national guard in good standing, who retains arms or other property belonging to the state, as owner or bailee, after the governor directs the return of the property, shall forfeit not less than $50 nor more than $200.
21.63 History
History: 1979 c. 221.
21.70
21.70
Counter-drug activities. 21.70(1)
(1) The governor may request volunteers of 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 to duty in federally funded status. The governor may delegate his or her authority under this section 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.
21.70(2)
(2) A national guard member assisting in drug interdiction and counter-drug activities under this section shall obey and execute the instructions of a law enforcement officer involved in these activities given to the national guard member through the military chain of command.
21.70 History
History: 1991 a. 47.
21.72
21.72
Extension of licenses for service members. 21.72(1)(a)
(a) "License" means any of the following that is issued to an individual and applies to that individual:
21.72(1)(a)4.
4. A license, certificate of approval, provisional license, conditional license, certification, certification card, registration, permit, training permit, or approval specified in
s. 49.45 (2) (a) 11.,
51.42 (7) (b) 11.,
51.421 (3) (a),
146.50 (5) (a) or
(b),
(6g) (a),
(7), or
(8) (a) or
(f),
252.23 (2),
252.24 (2),
254.176,
254.178 (2) (a),
254.20 (2),
(3), or
(4),
254.64 (1) (a) or
(b),
254.71 (2),
255.08 (2) (a), or
343.305 (6) (a) or a permit for the operation of a campground specified in
s. 254.47 (1).
21.72(1)(a)11.
11. A license or permit granted by the department of public instruction.
21.72(1)(a)12.
12. A license or certificate of registration issued by the department of financial institutions, or a division of it, under
ss. 138.09,
138.12,
217.06,
218.0101 to
218.0163,
218.02,
218.04,
218.05,
224.72, or
224.93 or
subch. III of ch. 551.
21.72(1)(a)15.
15. A license, permit, or registration issued under
ss. 218.0101 to
218.0163,
218.11,
218.12,
218.22,
218.32,
218.41,
218.51,
341.51,
343.305 (6),
343.61, or
343.62.
21.72(1)(a)18.
18. A license, permit, certificate, or registration that is granted under
chs. 440 to
480.
21.72(1)(a)22.
22. A certificate granted by the technical college system board.
21.72(1)(b)
(b) "Licensing agency" means a board, examining board, affiliated credentialing board, office, commissioner, department, or division within a department that grants or issues a license.
21.72(1)(c)
(c) "Service member" means a member of a reserve unit of the U.S. armed forces or a member of a national guard unit of any state who is a resident of Wisconsin.
21.72(2)
(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.
21.72(3)
(3) The licensing agency or the supreme court shall extend or renew a license extended under
sub. (2) until the next date that the license expires or for the period that such license is normally issued, at no cost to the service member, if all of the following conditions are met:
21.72(3)(a)
(a) The service member requests an extension or renewal of the license within 90 days after the service member is discharged from active duty.
21.72(3)(b)
(b) The service member provides the licensing agency or supreme court with a copy of a federal or state document that specifies when the service member was called into active duty and when the service member was discharged from active duty.
21.72(3)(c)
(c) The service member meets all the requirements necessary for the extension or renewal of the license except that the service member need not meet the requirements that relate to continuing education or training.
21.72(3)(d)
(d) In the case of a license to practice law, the supreme court agrees to granting the extension or renewal.
21.72(4)
(4) If a service member's license is renewed or extended under
sub. (3) no more than 180 days before the next date that the license would normally expire, the licensing agency, or supreme court if it agrees, shall allow the service member to renew or extend the license without complying with any continuing education or training requirements if complying with such requirement in the period before the license expires would cause the service member undue hardship. If a service member's license is renewed or extended under this subsection, the licensing agency or supreme court may require the service member to comply with any continuing education or training requirements within a reasonable time after receipt of the license.
21.72(5)
(5) The department of military affairs shall assist any service member who needs assistance to renew or extend a license under this section.
21.72(6)
(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.
21.74
21.74
Soldiers and sailors civil relief act; federal service. 21.74(1)(1) In this section, unless the context indicates otherwise:
21.74(1)(a)
(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.
21.74(1)(b)
(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.
21.74(1)(c)
(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.
21.74(1)(d)
(d) "Taxes" means any general taxes or special assessments or tax certificates evidencing those taxes and assessments not belonging to private buyers.
21.74(2)
(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.
21.74(3)
(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.
21.74(4)
(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.
21.74(5)
(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.
21.74(6)
(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.
21.74(7)
(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.
21.74(8)
(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.
21.74(9)(a)2.
2. "Contract" means an agreement between a person in military service and a mobile telephone service provider that requires the person in military service to pay the mobile telephone service provider a monthly fee in exchange for the use of a mobile telephone.
21.74(9)(a)3.
3. "Mobile telephone service provider" means a person that is authorized by the federal communications commission to provide commercial mobile service.
21.74(9)(b)
(b) This subsection applies to a contract to which all of the following apply:
21.74(9)(b)1.
1. The contract was executed by or on behalf of a person in military service who entered active military duty after the contract was executed.
21.74(9)(b)2.
2. The contract covers a period in excess of one month.
21.74(9)(c)
(c) A person in military service may suspend or terminate a contract to which this subsection applies without any penalties or additional fees at any time after the service member has been issued orders into active duty by giving written notice to the mobile telephone service provider. The service member shall include a copy of the orders into 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.
21.74(9)(d)
(d) Suspension or termination shall be effective 30 days after the first date on which the next payment is due and payable after the date on which the notice is mailed.
21.74(9)(e)
(e) Any amount paid in advance under the contract for a period after the effective date of the suspension or termination of the contract shall be refunded to the lessee by the lessor within 30 days after the effective date of the suspension or termination of the contract.
21.74(9)(f)
(f) Upon application of a mobile telephone service provider after receiving notice under this subsection and before the contract suspension or termination date provided for under
par. (d), a court may make such modifications to or restrictions on the relief granted in this subsection as the court determines are appropriate under the circumstances.
21.74(9)(g)
(g) If a mobile telephone service provider assesses a person in military service 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 bring an action for damages. If the service member 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.
21.74 History
History: 2005 a. 22,
473.
21.75
21.75
Soldiers' and sailors' relief act; state service. 21.75(1)(1)
Definitions. In this section:
21.75(1)(a)
(a) "Active state service" means active service for 30 days or more in the national guard or the state defense force under an order of the governor issued under this chapter or active service for 30 days or more in the national guard under
32 USC 502 (f) or
506 that is not considered to be "service in the uniformed services," as defined in
38 USC 4303 (13). "Active state service" includes active service for 30 days or more in the national guard of any state under the order of a governor of that state.
21.75(1)(c)
(c) "Department" means the department of military affairs.
21.75(1)(cm)
(cm) "Period of active state service" means the period beginning on the date on which the service member receives an order to enter active state service and ending on the date of the service member's release from active state service or death while in active state service.
21.75(1)(d)
(d) "Service member" means a resident of this state who may be called into active state service.
21.75(2)
(2) Protection of persons secondarily liable. 21.75(2)(a)(a) If this section results in the stay or suspension of any obligation, liability, court action, order, writ, or judgment, the court that issued the stay or suspension may grant the same remedy to sureties, guarantors, endorsers, and others subject to the obligation, liability, court action, order, writ, or judgment.
21.75(2)(b)
(b) If a service member is the principal on a criminal bail bond and his or her active state service 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 and may either during or after the period of active service discharge the surety and exonerate the bail.
21.75(2)(c)
(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 if executed by a service member who subsequently is called into active state service. 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.
21.75(3)
(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.
21.75(4)
(4) Exercise of rights. No person may use the fact that a service member has applied for, or received, a stay, postponement, or suspension in the payment of a tax, fine, penalty, insurance premium, or other civil obligation or liability as the basis for doing any of the following:
21.75(4)(a)
(a) If the person is a lender, determining that the service member is unable to pay any such civil obligation or liability in accordance with the terms of the obligation or liability.
21.75(4)(b)
(b) If the person is a creditor, denying or revoking any credit extended to the service member, changing the terms of a credit agreement to which the service member is a party, or refusing to grant credit to the service member in substantially the amount or on substantially the terms requested by the service member.
21.75(4)(c)
(c) If the person is in the business of assembling or evaluating consumer credit information, making an adverse report on the creditworthiness of the service member.
21.75(4)(d)
(d) If the person is an insurer, refusing to insure the service member.
21.75(5)
(5) Default judgments, affidavits, and attorney representation. 21.75(5)(a)(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. 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 or that the plaintiff is unable to determine if the defendant is in active state service. If an affidavit is not filed showing that the defendant is not in active state service, 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 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, 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, 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.
