Rules for issuance of state property to bands.
Grounds for mustering out of units.
Composition of national guard. 21.01(1)
The organized militia of this state shall be known as the "Wisconsin national guard" and shall consist of members appointed or enlisted therein in accordance with federal law or regulations governing or pertaining to the national guard.
The Wisconsin national guard shall be organized into army national guard and air national guard units, and "national guard" when used in this chapter, unless the context otherwise requires, includes both the Wisconsin army national guard and the Wisconsin air national guard.
History: 1975 c. 189
; 1983 a. 27
The department of military affairs shall:
Provide facilities for the national guard and any other support available from the appropriations under s. 20.465
History: 1983 a. 27
State defense force authorized. 21.025(1)
Authority and name.
The adjutant general may establish a plan for organizing a military force to be known as the Wisconsin state defense force. The adjutant general may organize the Wisconsin state defense force under the plan if all or part of the Wisconsin national guard is called into the service of the United States. It shall be distinct from the national guard, uniformed, and composed of officers, commissioned or assigned, and of enlisted personnel who volunteer for service. Membership in the Wisconsin state defense force may not include any person who is in the active military forces, including the reserve components. Persons in the retired reserve may serve in the Wisconsin state defense force.
(2) Organization; rules and regulations. 21.025(2)(a)(a)
The governor may prescribe rules and regulations not inconsistent with this section governing the enlistment, organization, administration, equipment, maintenance, training, and discipline of such forces, except that such rules and regulations, insofar as the governor deems practicable and desirable, shall conform to existing law governing and pertaining to the national guard and the rules and regulations promulgated thereunder and shall prohibit the acceptance of gifts, donations, gratuities, or anything of value by such forces or by any member of such forces from any person by reason of such membership.
The governor may form an aviation unit of the state defense force and formulate the rules and regulations therefor and prescribe the duties thereof consistent with the functions of the state defense force.
Officers and enlistees, while on active duty under orders of the governor, shall receive the base pay and allowances of the identical grade in the United States army.
The adjutant general may organize a cadre force of not more than 12 personnel at each state-owned armory. Each cadre force shall establish recruitment lists of persons interested in becoming members of the state defense force, which may be used to recruit full units for the state defense force in case the Wisconsin national guard is mobilized for active federal duty.
(3) Requisitions; armories; other buildings.
For the use of such forces, the governor may requisition from the federal government such arms and equipment as may be available, and the governor may make available to the state defense force the facilities of state armories and their equipment and such other state premises and property as may be available and may, through the department of military affairs, rent or lease buildings or parts of buildings and grounds for armory purposes or continue in possession of such premises leased by the department of military affairs for the use of the national guard, paying rental therefor out of funds appropriated under s. 20.465 (1) (a)
. All leases so made shall terminate upon dissolution of the Wisconsin state defense force regardless of the term provided therein unless the premises shall be needed for national guard purposes, in which case the lease may be assigned by the department of military affairs to the national guard organization intending to occupy the premises.
(4) Use without this state.
Such forces shall not be required to serve outside the boundaries of this state except:
Upon the request of the governor of another state, the governor of this state may order any portion or all of such forces to assist the military or police forces of such other state who are actually engaged in defending such other state. Such forces may be recalled by the governor at the governor's discretion.
Any organization, unit, or detachment of such forces, upon order of the officer in immediate command thereof, may continue in fresh pursuit of insurrectionists, saboteurs, enemies or enemy forces beyond the borders of this state into another state until they are apprehended or captured by such organization, unit, or detachment or until the military or police forces of the other state or the forces of the United States have had a reasonable opportunity to take up the pursuit or to apprehend or capture such persons, provided such other state shall have given authority by law for such pursuit by such forces of this state. Any such person who shall be apprehended or captured in such other state by an organization, unit, or detachment of the forces of this state shall without unnecessary delay be surrendered to the military or police forces of the state in which the person is taken or to the United States, but such surrender shall not constitute a waiver by this state of its right to extradite or prosecute such person for any crime committed in this state.
(5) Permission to forces of other states. 21.025(5)(a)(a)
Any military forces or organization, unit, or detachment thereof, of another state who are in fresh pursuit of insurrectionists, saboteurs, enemies or enemy forces may continue such pursuit into this state until the military or police forces of this state or the forces of the United States have had a reasonable opportunity to take up the pursuit or to apprehend or capture such persons, and such military forces of such other state may arrest or capture such persons within this state while in fresh pursuit.
Any such person who shall be captured or arrested by the military forces of such other state while in this state shall without unnecessary delay be surrendered to the military or police forces of this state to be dealt with according to law.
This subsection shall not be construed to make unlawful any arrest in this state which would otherwise be lawful.
(6) Federal service.
Nothing in this section shall be construed as authorizing such forces, or any part thereof to be called, ordered, or in any manner drafted, as such into the military service of the United States, but no person shall by reason of enlistment or commission in any such forces be exempted from military service under any law of the United States.
(7) Civil groups.
No civil organization, society, club, post, order, fraternity, association, brotherhood, body, union, league, or other combination of persons or civil group shall be enlisted in such forces as an organization or unit.
No person shall be commissioned or enlisted in such forces who is not a citizen of the United States or who has been expelled or dishonorably discharged from any military or naval organization, of this state, or of another state, or of the United States.
(9) Oath of officers.
The oath to be taken by officers commissioned in such forces shall be substantially in the form prescribed for officers of the national guard.
No person shall be enlisted for more than one year, but such enlistment may be renewed. The oath to be taken upon enlistment in such forces shall be substantially in the form prescribed for enlistees of the national guard.
Officers and enlistees of the "Wisconsin State Defense Force" who have served honorably therein for a period of at least one year and are active members of their respective units at the time of its demobilization shall, upon application to the unit commander, be permitted to retain the items of uniform prescribed by the governor by rule.
The uniform prescribed under par. (a)
may be worn only on occasions of ceremony. "Occasions of ceremony" means occasions essentially of a military character at which the uniform is more appropriate than civilian clothing, such as memorial services, military weddings, military funerals, military balls, military parades, and meetings or functions of associations formed for military purposes, the membership of which is composed largely or entirely of honorably discharged veterans of the services.
(11n) Labor disputes.
The state defense force shall not be used to interfere with the orderly process of a labor dispute.
(13) Short title.
This section may be cited as the "State Defense Force Act".
Distribution of arms.
The governor may receive and distribute, according to law, the quota of arms and military equipment which the state may receive from the government of the United States under the provisions of any acts of congress providing for arming and equipping the national guard and the state defense force.
History: 1987 a. 63
Federal law prevents the state from regulating personnel criteria of the national guard. Hazelton v. Personnel Commission, 178 Wis. 2d 776
, 505 N.W.2d 793
(Ct. App. 1993).
Camp Williams. 21.04(1)(1)
The state camp grounds near Camp Douglas, Juneau County, shall be known as "Camp Williams". The officer in charge of Camp Williams shall have at said camp the police powers possessed by officials at state hospitals, as provided in s. 46.058 (2)
The adjutant general may grant to the federal government the right to use any area of Camp Williams upon such conditions as the adjutant general deems advisable.
In memory of 1st lieutenant Jerome A. Volk, the first Wisconsin air national guard pilot killed in combat during the Korean conflict, so much of Camp Williams as is under lease to the federal government for use of the air national guard shall be known as "Volk Field" during the time the property remains under lease to the government of the United States.
Term of enlistment; requirements.
Every person who enlists or receives a commission in the national guard shall serve for the term prescribed and satisfy the physical, educational and training requirements prescribed by the national guard bureau.
Exemptions from certain county duties.
Every member of the state military forces shall be exempt from service on any body of county residents summoned by the sheriff to assist in preserving the peace.
History: 1977 c. 318
; 1979 c. 110
Decorations and awards.
The adjutant general may prescribe decorations and awards for the Wisconsin national guard and the state defense force, the form and issue thereof made under rules adopted by the adjutant general and approved by the governor.
Training; special schools; pay and allowances.
The governor may order the national guard to assemble for training at any military establishment within or without the state specified and approved by the department of defense and fix the dates and places thereof, and the governor may order members of the national guard, at their option, to attend such special schools for military training as may be authorized by the state or federal government. For such training and attendance at special schools, members of the national guard shall receive such pay and allowances as the federal government or the governor may authorize.
History: 1991 a. 316
Call to active service. 21.11(1)
In case of war, insurrection, rebellion, riot, invasion or resistance to the execution of the laws of this state or of the United States; in the event of public disaster resulting from flood, conflagration or tornado; in order to assess damage or potential damage and to recommend responsive action as a result of natural or man-made events; or upon application of any marshal of the United States, the president of any village, the mayor of any city, the chairperson of any town board, or any sheriff in this state, the governor may order into active service all or any portion of the national guard. If the governor is absent, or cannot be immediately communicated with, any such civil officer may, if the officer deems the occasion so urgent, make such application, which shall be in writing, to the commanding officers of any company, battalion or regiment, who may upon approval of the adjutant general, if the danger is great and imminent, order out that officer's command to the aid of such civil officer. Such order shall be delivered to the commanding officer, who shall immediately communicate the order to each, and every subordinate officer, and every company commander receiving the same shall immediately communicate the substance thereof to each member of the company, or if any such member cannot be found, a notice in writing containing the substance of such order shall be left at the last and usual place of residence of such member with some person of suitable age and discretion, to whom its contents shall be explained.
Any commissioned officer or enlisted member of the national guard who fails to carry out orders or fails to appear at the time or place ordered as provided in sub. (1)
shall be punished under the Wisconsin code of military justice. Any person who advises or endeavors to persuade an officer or soldier to refuse or neglect to appear at such place or obey such order shall forfeit not less than $200 nor more than $1,000.
The adjutant general may activate members of the national guard for the purpose of serving on an honors detail of a military honors funeral for a deceased veteran under s. 45.19
Exemption from civil authority.
During the time the state military forces are performing military duty pursuant to proper orders issued by the governor or by the governor's authority, all members thereof while going to, remaining at or returning from a place of duty shall be exempt from arrest or service of any process issued by a civilian court. In any civil or criminal prosecution against any member arising out of the member's performing military duty, it shall be a defense that the member was acting in good faith or pursuant to any lawful military order. Any such order shall be deemed prima facie lawful.
History: 1991 a. 316
Since this state has never granted a guard member immunity from suit of another member for injuries negligently caused in the performance of military duty, the 1969 amendment of this section did not change the law. Mazurek v. Skaar, 60 Wis. 2d 420
, 210 N.W.2d 691
Defense of members of guard; payment of judgments. 21.13(1)(1)
If any member of the national guard or the state defense force is prosecuted by any civil or criminal action for any act performed by the member while in the performance of military duty and in pursuance of military duty, the action against the member shall be defended by counsel, which may include the attorney general, appointed for that purpose by the governor upon the recommendation of the adjutant general. The adjutant general shall make the recommendation if the act performed by the member was in the line of duty. The costs and expenses of any such defense shall be audited by the department of administration and paid out of the state treasury and charged to the appropriation under s. 20.455 (1) (b)
and if the jury or court finds that the member of the national guard against whom the action is brought acted within the scope of his or her employment as a member, the judgment as to damages entered against the member shall also be paid by the state.
Any civil action or proceeding brought against a member of the national guard or the state defense force under sub. (1)
is subject to ss. 893.82
A national guard member on active duty, but operating his own car for his own purposes while on a pass, was not acting in the performance of a military duty. Wuorinen v. State Farm Mut. Auto. Ins. Co. 56 Wis. 2d 44
, 201 N.W.2d 521
This section controls over s. 102.03 (4), and the state must pay a judgment based on negligence occurring in the good faith performance of duty. Mazurek v. Skaar, 60 Wis. 2d 420
, 210 N.W.2d 691
Penalty for retention of military property.
No person may retain at any time any arms, equipment or military stores of any kind belonging to the state or any federally owned property issued to the state, unless the property has been issued to the person pursuant to law and the proper authority permits the person to retain the property in the discharge of a public duty. No person may use any public arms, equipment, clothing or military stores belonging to the state, either as owner or bailee, for the person's private use. Any person violating this section shall forfeit not less than $50 nor more than $200.
History: 1979 c. 221
Nondelivery of arms; resisting officer.
No person who possesses under the laws of this state any arms, equipment or other military property may wilfully neglect or refuse, after lawful demand is made for the return of the property by order of the governor, to return the property promptly. No person may knowingly resist any officer who is lawfully taking possession of such arms, equipment or other military property. Any person violating this section shall forfeit not less than $50 nor more than $200.
History: 1979 c. 221
Penalty for unauthorized wearing of uniforms. 21.16(1)(1)
No person may wear the uniform of the Wisconsin national guard or of the U.S. army, air force, navy or marine corps, or a reserve component of the U.S. armed forces, except a person who is regularly enrolled in the U.S. army, air force, navy or marine corps, a reserve component of the U.S. armed forces, the national guard of one of the states or one of the student cadet companies armed and recognized by the national or a state government, a person retired from active service or a reserve component or a person who is an inmate of any veterans' or soldiers' home. Any person violating this subsection shall forfeit not less than $10 nor more than $100. The district attorney of the county in which any such offense is committed shall bring an action in the name of the state against the offender.
Nothing in this section shall be construed as prohibiting persons of the theatrical profession from wearing such uniform in any playhouse or theater while actually engaged in following said profession.
Nothing in this section shall be construed as prohibiting the members of any uniform rank of civic societies from the wearing of such uniforms.
Whenever the national guard, or any part thereof, is called into active service on account of war, insurrection, rebellion, riot, invasion, resistance to the execution of the laws of this state, or of the United States, or on account of public disaster, no civic organization or member thereof shall parade or appear in uniform in the locality where said national guard is in service.
History: 1979 c. 221
; 1983 a. 27
Encroachment on military areas and interference with military personnel. 21.17(1)
The officer in charge of any area used or to be used for military purposes may cause the area to be marked in such a manner so as to warn against encroachment by unauthorized persons, but not to unnecessarily obstruct travel on any public highway. No person may encroach or enter upon the area without the consent of the officer.
No person may intercept, molest, abuse or otherwise interfere with any member of the national guard or any other military force organized under the laws of this state while the member is in the performance of military duty.
Any person who violates sub. (1)
shall forfeit not less than $50 nor more than $200. The officer in charge or a designee may arrest and detain the person for such reasonable time as may be necessary to deliver the person to civil authorities.
Military staff of governor. 21.18(1)
The military staff of the governor shall consist of the adjutant general, with a minimum rank of brigadier general; a deputy adjutant general for army, who may be a general officer; an assistant adjutant general, army, for readiness and training, who may be a general officer; a deputy assistant adjutant general, army, for readiness and training; a deputy adjutant general for air, who may be a general officer; a chief surgeon for army, who may be a general officer; a chief surgeon for air, who may be a general officer; a staff judge advocate for army, who may be a general officer; a staff judge advocate for air, who may be a general officer; a state chaplain, who may be a general officer; and such other officers as the governor deems necessary. Vacancies in positions other than those of the adjutant general shall be filled through appointment by the adjutant general.
No person shall be appointed on the governor's staff who has not had previous military experience.
All staff officers appointed under sub. (1)
, except the adjutant general whose tenure is governed by ss. 15.31
and 17.07 (5)
, shall hold their positions unless terminated earlier by resignation, disability or for cause and unless federal recognition of the officer's commission under 32 USC 323
is refused or withdrawn. The governor shall remove an officer whose federal recognition is refused or withdrawn, effective on the date of the loss of federal recognition. The terms of the deputy adjutants general for army and air shall be 5 years beginning on the first day of the 7th month of the term of the adjutant general. The deputy adjutants general may be reappointed to successive terms. Vacancies on the military staff of the governor shall be filled by appointment from officers actively serving in the Wisconsin national guard. Interim vacancies shall be filled by appointment by the adjutant general for the residue of the unexpired term.
Adjutant general; powers and duties. 21.19(1)
The adjutant general shall be chief of staff to the governor. The adjutant general shall have the custody of all property, military records, correspondence and other documents relating to the national guard and any other military forces organized under the laws of this state. The adjutant general may appoint an assistant quartermaster general to issue and account for state property. The adjutant general shall be the medium of military correspondence with the governor and perform all other duties pertaining to the office or prescribed by law, including the preparation and submission to the governor of reports under s. 15.04 (1) (d)