230.315 (1) (c) The employee has received a military leave of absence under s. 230.32 (3) (a) or 230.35 (3), under a collective bargaining agreement under subch. V of ch. 111, or under rules promulgated by the office of employment relations or is eligible for reemployment with the state under s. 21.79 321.64 after completion of his or her service in the U.S. armed forces.
200,201 Section 201. 230.32 (7) of the statutes is amended to read:
230.32 (7) Any employee who is absent from state service because the employee is in active service, as defined in s. 21.80 (1) (a) 321.65 (1) (a), is entitled to all reemployment rights and benefits provided under s. 21.80 321.65.
200,202 Section 202. 302.31 (1m) of the statutes is created to read:
302.31 (1m) The detention of persons subject to confinement under s. 322.011.
200,203 Section 203. Chapter 321 (title) of the statutes is created to read:
chapter 321
Department of military affairs
200,204 Section 204. Subchapter I (title) of chapter 321 [precedes 321.01] of the statutes is created to read:
chapter 321
subchapter I
general provisions
200,205 Section 205. 321.01 of the statutes is created to read:
321.01 Definitions. In this chapter:
(1) "Active duty" means federal active duty or state active duty.
(2) "Department" means the department of military affairs.
(3) "Facility" includes armory, base, installation, and airfield.
(4) "Federal active duty" means full-time duty in the active military service of the United States, as defined in 10 USC 101 (d) or 32 USC 502, 503, or 904.
(5) "Law enforcement agency" means an agency of the federal government, a federally recognized Indian tribe or band, or a state or political subdivision of a state, whose purpose is the detection and prevention of crime and enforcement of laws or ordinances.
(6) "Law enforcement officer" means any person employed by a law enforcement agency who is authorized to make arrests for violations of the laws or ordinances that the person is employed to enforce.
(7) "Military property" includes arms, clothing, equipment, publications, supplies, and vehicles owned by or in the custody of the department.
(8) "Military records" means correspondence, medical records, personnel records, and other documents in the custody of the department.
(9) "National guard," unless the context otherwise requires, means both the Wisconsin army national guard and the Wisconsin air national guard.
(10) "Political subdivision" means a city, village, town, or county.
(11) "State active duty" means full-time state duty in the national guard, or state defense force when activated, under an order of the governor or under an order otherwise issued by authority of law, and includes travel to and from that duty.
(12) "Unit" means a formally organized division or subset of the national guard or state defense force.
(13) "Wisconsin code of military justice" means the Wisconsin Code of Military Justice under ch. 322.
200,206 Section 206. 321.02 (title) of the statutes is created to read:
321.02 (title) Powers and duties of the governor.
200,207 Section 207. 321.04 (title) and (1) (intro.) of the statutes are created to read:
321.04 (title) Powers and duties of the adjutant general. (1) (intro.) The adjutant general or his or her designee shall do all of the following:
200,208 Section 208. 321.04 (1) (b) of the statutes is created to read:
321.04 (1) (b) Advise the governor on military issues and transmit military correspondence to and from the governor.
200,209 Section 209. 321.04 (1) (j) of the statutes is created to read:
321.04 (1) (j) Prepare the training of national guard members.
200,210 Section 210. 321.04 (1) (m) of the statutes is created to read:
321.04 (1) (m) Prepare and issue all necessary accounting books and forms for the national guard. All of the accounting books and forms shall conform as nearly as practicable to those in use in the U.S. army or air force.
200,211 Section 211. 321.04 (1) (p) of the statutes is created to read:
321.04 (1) (p) Perform the duties under s. 321.51 (2) (e).
200,212 Section 212. 321.04 (2) (intro.) of the statutes is created to read:
321.04 (2) (intro.) The adjutant general or his or her designee may do any of the following:
200,213 Section 213. 321.04 (2) (f) of the statutes is created to read:
321.04 (2) (f) Perform the duties under 321.51 (2) (b).
200,214 Section 214. Subchapter II (title) of chapter 321 [precedes 321.10] of the statutes is created to read:
Chapter 321
subchapter II
military OFFICERS
200,215 Section 215. 321.10 (1) (e) of the statutes is created to read:
321.10 (1) (e) A joint chief of staff, whose rank may may not exceed major general.
200,216 Section 216. Subchapter III (title) of chapter 321 [precedes 321.20] of the statutes is created to read:
chapter 321
subchapter III
military property
200,217 Section 217. 321.21 (1) of the statutes is created to read:
321.21 (1) In this section, "money" means funds in the custody of the department.
200,218 Section 218. 321.23 (title) of the statutes is created to read:
321.23 (title) Facilities and lands.
200,219 Section 219. Subchapter IV (title) of chapter 321 [precedes 321.30] of the statutes is created to read:
chapter 321
subchapter iV
national guard and
state defense force
200,220 Section 220. 321.39 (1) (a) (intro.) of the statutes is created to read:
321.39 (1) (a) (intro.) The governor may order into state active duty members of the national guard under the following circumstances:
200,221 Section 221. 321.39 (1) (a) 3. of the statutes is created to read:
321.39 (1) (a) 3. If the governor declares a state of emergency relating to public health under s. 166.03 (1) (b).
200,222 Section 222. 321.40 (2) (f) of the statutes is created to read:
321.40 (2) (f) Failing to be an actively drilling guard member upon the date of the satisfactory completion of a full-time or part-time course in a qualifying school.
200,223 Section 223. 321.40 (6) (d) of the statutes is created to read:
321.40 (6) (d) No guard member may receive a tuition grant under this section unless he or she is a member in good standing in the national guard at the time of completion of the course.
200,224 Section 224. 321.51 (2) (b) of the statutes is created to read:
321.51 (2) (b) If the state defense force is organized under sub. (1), the adjutant general may perform the duties under s. 321.04 (2) (a), (b), (c) and (d) for the state defense force.
200,225 Section 225. 321.51 (2) (e) of the statutes is created to read:
321.51 (2) (e) If the state defense force is organized under sub. (1), the adjutant general shall perform the duties under s. 321.04 (1) (a) to (n) and (q) for the state defense force.
200,226 Section 226. Subchapter V (title) of chapter 321 [precedes 321.60] of the statutes is created to read:
chapter 321
subchapter V
rights of service Members
200,227 Section 227. Chapter 322 of the statutes is created to read:
Chapter 322
Wisconsin code of military
justice
subchapter I
general provisions
322.0001 Criminal code interaction. (1) Chapters 939, 967 to 973, and 975 to 979 do not apply to proceedings under this chapter.
(2) A crime under this code is a crime under s. 939.12. A felony under this code is a felony under s. 939.22 (12). A misdemeanor under this code is a misdemeanor under s. 939.22 (20).
322.001 Article 1—Definitions. In this chapter, unless the context otherwise requires:
(1) "Accuser" means a person who signs and swears to charges, any person who directs that charges nominally be signed and sworn to by another, and any other person who has an interest other than an official interest in the prosecution of the accused.
(2) "Cadet," "candidate," or "midshipman" means a person who is enrolled in or attending a state military academy, a regional training institute, or any other formal education program for the purpose of becoming a commissioned officer in a state military force.
(3) "Classified information" means any of the following:
(a) Any information or material that has been determined by an official of the United States or any state subject to law, an executive order, or regulation to require protection against unauthorized disclosure for reasons of state security or national defense or foreign relations of the United States.
(b) Any restricted data, as defined in 42 USC 2014 (y).
(4) "Code" means this chapter.
(5) "Commanding officer" includes only commissioned officers of the state military forces and shall include officers in charge only when administering nonjudicial punishment under s 322.015. The term `commander' has the same meaning as `commanding officer' unless the context otherwise requires.
(6) "Convening authority" includes, in addition to the person who convened the court, a commissioned officer commanding for the time being or a successor in command to the convening authority.
(7) "Day" means calendar day and is not synonymous with the term "unit training assembly." Any punishment authorized by this code which is measured in terms of days shall, when served in a status other than annual field training, be construed to mean succeeding duty days.
(8) "Duty status other than state active duty" means any other type of duty including Unit Training Assemblies or drills but excludes duty not in federal service and not full-time duty in the active service of the state; under an order issued by authority of law and includes travel to and from duty.
(9) "Enemy" includes organized forces of the enemy in time of war, any hostile body that U.S. or state forces may be opposing, such as a rebellious mob or band of renegades, and includes civilians as well as members of military organizations. Enemy is not restricted to the enemy government or its armed forces.
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