21.18(1)(d)
(d) Two assistant adjutants general for army, who may hold the rank of brigadier general.
21.18(1)(e)
(e) An assistant adjutant general for air, who may hold the rank of brigadier general.
21.18(1)(f)
(f) A chief surgeon for army, who may be a general officer.
21.18(1)(g)
(g) A chief surgeon for air, who may be a general officer.
21.18(1)(h)
(h) A staff judge advocate for army, who may be a general officer.
21.18(1)(i)
(i) A staff judge advocate for air, who may be a general officer.
21.18(1)(j)
(j) A state chaplain, either army or air, who may be a general officer.
21.18(1)(k)
(k) Such other officers as the governor deems necessary.
21.18(1m)
(1m) In the event any of the deputy adjutants general, for army or for air, are appointed to a military position as a major general, the adjutant general shall appoint, for any periods of absence of that deputy adjutant general due to other military duties, an acting deputy adjutant general. The adjutant general may appoint one of the assistant adjutants general as an acting deputy adjutant general.
21.18(2)
(2) No person shall be appointed on the governor's staff who has not had previous military experience.
21.18(3)
(3) 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 or 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32 USC 323 is refused or withdrawn. The governor shall remove an officer whose federal recognition is refused or withdrawn, effective on the date of the loss of federal recognition.
21.18(4)
(4) 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.
21.18(5)
(5) The adjutant general shall appoint persons to fill vacancies in positions in the military staff of the governor. Vacancies on the military staff of the governor shall be filled by appointment from officers actively serving in the national guard, except as provided in
s. 15.31. Interim vacancies shall be filled by appointment by the adjutant general for the residue of the unexpired term.
21.19
21.19
Adjutant general; powers and duties. 21.19(1)
(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).
21.19(1m)
(1m) The adjutant general shall administer, with the approval of the governor, state-federal cooperative funding agreements.
21.19(2)
(2) The department of military affairs on behalf of the state may rent to appropriate organizations or individuals state-owned lands, buildings, and facilities used by, acquired for, or erected for the national guard when not required for use by the national guard. Such rental shall not be effective unless in writing and approved by the governor and the adjutant general or a designee in writing.
21.19(3)(a)(a) The department of military affairs on behalf of the state, upon appraisal by the state chief engineer submitted to the governor in writing, may sell and convey upon such terms as the department of military affairs may determine, with the approval of the governor in writing, any state-owned property acquired or erected for state military purposes, which property is no longer useful to the national guard.
21.19(3)(b)
(b) Notwithstanding
s. 13.48 (14) (c), the department, under the authority and procedures established in
par. (a), may sell and convey the national guard armory located at 1225 E. Henry Clay Street, Whitefish Bay, Milwaukee County. The proceeds of a sale shall be used first to pay off all bonds, all or a part of which were used to construct or purchase the property. Any moneys remaining from the sale shall be paid into the state treasury and credited to the appropriation under
s. 20.465 (1) (g).
21.19(4)
(4) The adjutant general shall be the auditor of military accounts, and all accounts or claims payable from the treasury of the state for military purposes shall be regularly audited by the adjutant general before payment. The adjutant general shall cause to be prepared and issued all necessary books and forms required by the adjutant general's office for the national guard. All of the books and forms shall be made to conform as nearly as practicable to those in use in the United States army.
21.19(5)
(5) In the absence or incapacity of the adjutant general the senior ranking deputy adjutant general for army or air shall have all the powers and duties of the adjutant general.
21.19(6)
(6) The adjutant general as quartermaster general shall also be chief of all logistical services.
21.19(7)(a)(a) The adjutant general as quartermaster general shall:
21.19(7)(a)1.
1. Have charge of all the military property of the state and shall carefully preserve, repair and account for the property.
21.19(7)(a)2.
2. Keep in such manner as the governor directs, and subject to the governor's inspection, an account of all moneys received and expended.
21.19(7)(a)3.
3. Perform the customary duties of the office, and of the office of chief of all logistical services, and have the custody of all records, returns and papers pertaining to those offices.
21.19(7)(b)
(b) The transportation of all troops, arms, accoutrements, stores and other property and the preparation for encampments shall be contracted for by the adjutant general under direction of the governor.
21.19(8)
(8) The adjutant general or a designee shall issue all necessary supplies to members and units of the national guard and may contract for the purchase and transportation of such supplies, subject to
s. 16.71 (1).
21.19(9)
(9) When any military property belonging to the state as owner or bailee is wrongfully held by another person, the adjutant general may bring an action in the name of the state to recover possession of the same or the money value thereof.
21.19(10)
(10) The adjutant general may, upon receipt of meritorious requests for state service flags for public use and within the limits of the appropriation made under
s. 20.465 (1) (e), furnish such flags without charge to the persons or organizations requesting them.
21.19(11)
(11) The adjutant general shall provide such medical supplies and services as are necessary to the national guard during periods of state active duty not otherwise provided under this chapter and
ch. 102, to be charged to the appropriation under
s. 20.465 (1) (c).
21.19(12)
(12) The adjutant general shall provide from the appropriation under
s. 20.465 (1) (c) a United States flag to the next of kin of each deceased member of the national guard who dies as a result of state service under
s. 21.11.
21.19(13)
(13) The adjutant general shall cooperate with the federal government in the operation and maintenance of distance learning centers for the use of current and former members of the national guard and the U.S. armed forces. The adjutant general may charge rent for the use of a center by a nonmilitary or nonfederal person. All moneys received under this subsection shall be credited to the appropriation account under
s. 20.465 (1) (i).
21.19(14)
(14) The adjutant general shall provide the department of veterans affairs information on all necessary military points of contact and general deployment information for activated and deployed members of the national guard.
21.20
21.20
Civil service status. All full-time state-paid employees of the department of military affairs shall be under the classified service, except the adjutant general, the executive assistant to the adjutant general, the deputy adjutants general for army and air and the administrator of the division of emergency management.
21.21
21.21
Printing report of convention of officers. Upon the request of the adjutant general and upon the order of the department of administration the state printer shall print and deliver to the adjutant general not to exceed 1,000 copies of the report of the annual convention of the officers of the national guard which the adjutant general shall distribute; but such report shall not exceed 150 pages.
21.21 History
History: 1991 a. 316.
21.25
21.25
Badger Challenge program. 21.25(1)
(1) The department of military affairs may administer the Badger Challenge program for disadvantaged youth. If the department administers the Badger Challenge program under this subsection, it shall recruit 25% of each class from families who are eligible to receive temporary assistance for needy families under
42 USC 601 et seq. If the department of military affairs administers the Badger Challenge program under this subsection, it shall promulgate rules for administering the Badger Challenge program.
21.25(2)
(2) The department of military affairs may assess and collect a reasonable fee from persons participating in the Badger Challenge program. Fees collected under this subsection shall be credited to the appropriation under
s. 20.465 (4) (g).
21.26
21.26
Youth Challenge program. 21.26(1)
(1) The department of military affairs shall administer the Youth Challenge program for disadvantaged youth under
32 USC 509.
21.26(2)
(2) Annually, the department of military affairs shall do all of the following:
21.26(2)(a)
(a) Calculate 40% of the average cost per pupil attending the Youth Challenge program and report this information to the department of public instruction.
21.26(2)(b)
(b) Notwithstanding
s. 118.125, report to each school district in which a pupil attending the program is enrolled the pupil's name and the name and address of the pupil's custodial parent or guardian.
21.26 History
History: 1997 a. 237;
2001 a. 109.
21.28
21.28
United States property and fiscal officer. 21.28(1)
(1) The adjutant general shall recommend a candidate for appointment as the United States property and fiscal officer for the national guard, subject to the concurrence of the governor, from federally commissioned officers actively serving in the national guard. The candidate shall be nominated by the governor, subject to the concurrence of the U.S. secretary of the army, if the nominee is serving in the army national guard, or the U.S. secretary of the air force, if the nominee is serving in the air national guard.
21.28(2)
(2) The officer nominated under
sub. (1) shall assume the duties of a United States property and fiscal officer under
32 USC 708, when properly ordered to active duty by the appropriate U.S. secretary, on the date specified in the order. The officer shall hold his or her position 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.
21.28(3)
(3) Any action by the governor to remove the officer appointed under
sub. (1) for cause shall be governed by the federal laws and military regulations governing removal of an officer for cause and shall be subject to review by the chief of the national guard bureau and by the U.S. secretary of the army, if the officer is commissioned by the army national guard, or by the U.S. secretary of the air force, if the officer is commissioned by the air national guard.
21.28 History
History: 1987 a. 63;
2003 a. 69.
21.30
21.30
Chief surgeons; powers and duties. The chief surgeons for army and air shall, under direction of the adjutant general, have general supervision of the medical units of the national guard and state defense force when organized. The chief surgeons shall make recommendations concerning procurement of medical supplies for state active duty operations, for the procurement and training of medical personnel and for the publication of national guard directives on medical subjects. The chief surgeons shall submit an annual report of the affairs and expenses of their departments to the adjutant general.
21.32
21.32
Physical examinations. The chief surgeons for army and air shall provide for such physical examinations and inoculations of officers, enlistees, and applicants for enlistment in the national guard, as may be prescribed by department of defense and national guard regulations.
21.33
21.33
Pay department. The quartermaster general acting as paymaster under orders from the governor may draw from the state treasury the money necessary for paying troops in camp or on active service, and shall furnish such security for the same as the secretary of administration may direct. The amount due on account of the field, staff, or other officers, noncommissioned staff and band, company, or enlistees, not herein enumerated, if any, shall be paid to the person to whom the same shall be due, on the properly signed and certified payrolls.
21.33 History
History: 1975 c. 94 s.
91 (1);
2003 a. 33.
21.35
21.35
Federal laws and regulations; no discrimination. The organization, armament, equipment, and discipline of the national guard shall be that prescribed by federal laws or regulations; and the governor may by order perfect such organization, armament, equipment, and discipline, at any time, so as to comply with such laws and regulations insofar as they are consistent with the Wisconsin code of military justice. Notwithstanding any rule or regulation prescribed by the federal government or any officer or department thereof, no person, otherwise qualified, may be denied membership in the national guard because of sex, color, race, creed, or sexual orientation and no member of the national guard may be segregated within the national guard on the basis of sex, color, race, creed, or sexual orientation. Nothing in this section prohibits separate facilities for persons of different sexes with regard to dormitory accommodations, public toilets, showers, saunas, and dressing rooms.
21.36
21.36
National guard rules and regulations. 21.36(1)
(1) The rules of discipline and the regulations of the armed forces of the U.S. shall, so far as the same are applicable, constitute the rules of discipline and the regulations of the national guard; the rules and uniform code of military justice established by congress and the department of defense for the armed forces shall be adopted so far as they are applicable and consistent with the Wisconsin code of military justice for the government of the national guard, and the system of instruction and the drill regulations prescribed for the different arms and corps of the armed forces of the U.S. shall be followed in the military instruction and practice of the national guard, and the use of any other system is forbidden.
21.36(2)
(2) The governor may make and publish rules, regulations, and orders for the government of the national guard, not inconsistent with the law, and cause the rules, regulations, or orders, together with any related laws, to be printed and distributed in book form, or another form, in any number that the governor considers necessary. The governor may provide for all books and forms that may be necessary for the proper discharge of the duty of all officers. The governor may delegate the authority under this subsection to the adjutant general by executive order.
21.37
21.37
The Wisconsin code of military justice. The Wisconsin code of military justice as created by
chapter 20, laws of 1969, shall govern the conduct of all members of the national guard and any other military force organized under the laws of this state. The revisor of statutes shall not print the Wisconsin code of military justice in the statutes.
21.37 Annotation
Limitation of court martial to service connected crimes. 1970 WLR 172.
21.38
21.38
Uniform of Wisconsin national guard. The uniform of the national guard shall be that prescribed by regulations for the corresponding branch of the United States armed forces.
21.42
21.42
Status, powers and property of units. 21.42(1)
(1) Every federally recognized company sized unit, when such organization is perfected, shall without any further proceeding constitute a corporate body to be known by the name by which such company is officially designated under the military laws and regulations of the state, and shall possess all the powers necessary and convenient to accomplish the objects and perform the duties prescribed by law.
21.42(2)
(2) The members of such company sized unit in good standing and no others shall constitute the members of such corporation and shall elect 3 trustees who shall manage and administer the business of such corporation. The trustees shall elect one of their number president, and one vice president and shall also elect a secretary.
21.42(3)
(3) Each such company sized unit may take by purchase, devise, gift or otherwise and hold property and with the approval of the adjutant general sell, convey and mortgage such property so long as such company sized unit is an existing unit and a part of the national guard of Wisconsin. All such property shall be in the custody and control of the trustees.
21.42(4)
(4) Whenever any such company sized unit shall be disbanded as provided by law such corporation shall cease to exist and all property belonging to it shall become the property of the state.
21.43
21.43
Commissions and rank. The governor shall issue commissions to all officers whose appointments are approved by the governor. Every commission shall be countersigned by the secretary of state and attested by the adjutant general and continue as provided by law. Each officer so commissioned shall take and file with the department of military affairs the oath of office prescribed by
article IV, section 28, of the constitution. All commissioned officers shall take rank according to the date assigned them by their commissions, and when 2 of the same grade rank from the same date, their rank shall be determined by length of service in the national guard creditable for pay, and if of equal service then by lot.
21.43 History
History: 1983 a. 27,
192.
21.47
21.47
Examinations for promotion or appointments. The governor may order any subordinate officer or person nominated or recommended for promotion or appointment in the national guard to be examined by any competent officer or board of officers, designated in orders for that purpose, as to that person's qualifications for the office to which that person may be recommended or appointed, and may take such action on the report of such examining officer or board of officers as the governor deems to be for the best interests of the service. The governor may also require the physical examination provided for admission to the United States army or air force.
21.47 History
History: 1983 a. 27;
1991 a. 316.
21.48(1)(1) Each officer and enlisted person of the national guard on active duty in the state under orders of the governor on a state pay basis shall receive the base pay and allowances of an officer or enlisted person of equal rank in the corresponding branch of the U.S. armed forces except that the base pay so provided shall not be less than $50 per day.
21.48(2)
(2) The governor may, by orders, duplicates of which shall be filed with the secretary of state, fix the pay of any member of the governor's staff, or other members of the national guard for any special service under orders.
21.48(3)
(3) The governor may order, with their consent, to active duty in the department of military affairs, any departmental officers of the governor's staff, including the adjutant general and the deputy adjutants general, and while so assigned the officers shall receive the pay, but not the allowances, of an officer of equal grade in the armed forces of the United States.
21.49
21.49
Educational benefits. 21.49(1)
(1)
Definitions. In this section:
21.49(1)(ae)
(ae) "Department" means the department of military affairs.
