21.56
21.56
Lost and obsolete property. 21.56(1)
(1) All state-owned military property issued to any officer or armory facility manager shall be audited annually as a part of the annual inspection of federal property accounts. When damages other than fair wear and tear or loss of state-owned property is discovered, the adjutant general shall appoint a surveying officer to determine the cause and fix blame. Upon review, the adjutant general may hold responsible individuals pecuniarily liable, and may require a depreciated payment, as determined by the adjutant general, into the state treasury. If it is determined that the property was damaged, destroyed or lost without fault or neglect on the part of those responsible, all concerned may be relieved of liability.
21.56(2)
(2) Whenever any state-owned military property becomes unsuitable, unserviceable or no longer required for military purposes, it shall be disposed of as surplus property subject to
s. 16.72 (4) and
(5).
21.57
21.57
Disposition of property on separation and death. 21.57(1)(1) Whenever any officer who is responsible for state property is separated or reassigned, all property in the officer's possession or for which the officer is responsible shall be delivered to the person designated to receive the property by the adjutant general. No separation shall be effective until all property accounts have been settled.
21.57(2)
(2) In case of the death of any officer having custody of state property, the next in command shall immediately take charge of such property and deliver the same to the person appointed to receive the property by the adjutant general.
21.57 History
History: 1975 c. 189,
421.
21.59
21.59
Issue of subsistence. The adjutant general, during state active duty of the national guard or state defense force, shall issue subsistence to personnel.
21.60
21.60
Discharge of enlistees. Enlistees shall be discharged as provided in the laws and regulations of the United States governing the national guard.
21.60 History
History: 1975 c. 94 s.
91 (1).
21.61(1)(1) The governing body of any city, village, town or county in which one or more companies of the national guard may be located may erect 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 use will not interfere with the use of such building by the national guard. Plans and specifications for such armories shall be inspected and approved by the governor and the adjutant general who shall file with the governing body of the city, village, town or county a certificate of such inspection and approval prior to the erection thereof.
21.61(3)
(3) The governing body of any city, village, town or county in which any such company of the national guard may be located may purchase land and build armories in the same manner as the governing body is now authorized by law to build other city, village, town or county buildings, and when unable to agree upon the price of land with its owner may, if in its opinion necessary, appropriate land for the purpose of building armories in the same manner as the governing body is now authorized by law to appropriate real estate for other city, village, town or county buildings. In case however a city, village, town or county shall have aided in the erection of an armory and the company or companies of the national guard for which the armory was erected shall at any time be disbanded, then the armory shall become the property of the city, village, town or county in which the armory is erected.
21.61(4)
(4) Such armory, when erected or purchased, shall be under the control and charge of the governor, the adjutant general and commanding officer of the company or companies of the national guard for which it has been provided. The commanding officer shall cause to be deposited therein, all arms, uniforms and equipment received from the governor and the adjutant general who may make such rules as they deem proper for the observance of all officers and persons having charge of such armories or occupying any part thereof.
21.61(5)
(5) Whenever any county, city, town or village erects a building as a memorial to the soldiers, sailors and marines who served in any war or armed conflict of the United States and makes provision therein 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 memorial building for the use of companies of the national guard.
21.612
21.612
Transfer of lands for military purposes. Any county, city, town or village may transfer land or may acquire land for the purpose of transferring the same, by gift or otherwise, to the state for state military purposes, and any such transfers or acquisitions heretofore made for such purposes are validated.
21.612 History
History: 1973 c. 90.
21.616
21.616
Facilities for administration and training. The department of military affairs is authorized and directed, 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 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 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. The department of military affairs shall take such steps and have all the functions and powers necessary, consistent with the appropriation therefor, to acquire contributions under any such federal act and to undertake and complete any such project in conformity with the applicable federal act and this section.
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),
250.05 (5),
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.
21.72 History
History: 2001 a. 22;
2003 a. 69.
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.
21.75(5)(b)
(b) If a judgment is rendered in a court action against a service member during the period of active state service or within 30 days after the end of that period of active state service, and it appears that the service member was prejudiced in making a defense by reason of his or her active state service, the court may reopen that judgment if all of the following conditions exist:
21.75(5)(b)1.
1. The service member moves the court to reopen the judgment within 90 days after his or her period of active state service ends.
21.75(5)(b)2.
2. The service member has a meritorious or legal defense to the action.
21.75(5)(c)
(c) Vacating, setting aside, or reversing a judgment under this subsection does not impair any right or title acquired by a bona fide purchaser for value under the judgment.
21.75(5)(d)
(d) Any person who shall make or use an affidavit required under this subsection that he or she knows to be false shall be fined not more than $10,000 or imprisoned for not more than 9 months or both.
21.75(6)
(6) Stay of action. During any stage of a court action in which a service member in active state service is involved as a party, or within 60 days after the end of the period of active state service, 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.
