LRB-1256/1
RPN:kjf:jf
2009 - 2010 LEGISLATURE
April 9, 2009 - Introduced by Representatives Black, Berceau, Grigsby, Milroy,
Parisi, Pocan, Pope-Roberts, A. Williams and Richards, cosponsored by
Senator Erpenbach. Referred to Committee on Veterans and Military Affairs.
AB203,1,2
1An Act to create 321.02 (3) of the statutes;
relating to: the governor's duty to
2review national guard federalization orders.
Analysis by the Legislative Reference Bureau
This bill requires the governor to examine every federal order that places the
Wisconsin national guard on federal active duty to determine if that order is lawful
and valid. If the governor determines that the federal order is not lawful or valid,
the bill requires the governor to take appropriate action, which may include
commencing legal action in state or federal court, to prevent the Wisconsin national
guard from being placed on federal active duty.
The bill also requires the governor to submit to the appropriate standing
committees of the legislature a summary of the governor's review of every federal
order that places the Wisconsin national guard on federal active duty and any action
he of she takes in response to that review.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB203, s. 1
3Section
1. 321.02 (3) of the statutes is created to read:
AB203,2,104
321.02
(3) The governor shall examine every federal order that places the
5national guard on federal active duty after the effective date of this subsection ....
1[LRB inserts date], to determine whether the order is lawful and valid. If the
2governor determines that the order is not lawful or valid, he or she shall take
3appropriate action to prevent the national guard from being placed on federal active
4duty. Appropriate action may include commencing a legal action in state or federal
5court to prevent the national guard from being placed on federal active duty. The
6governor shall submit a report to the standing committees of the legislature with
7specified subject matter jurisdiction over military affairs, as provided under s.
813.172 (3), that summarizes his or her review of every order that places the national
9guard on federal active duty and any action he or she takes in response to that review,
10within 30 days after his or her review is complete.
