321.39 (1) (a) 1. In case of war, insurrection, rebellion, riot, invasion, terrorism, or resistance to the execution of the laws of this state or of the United States; in.
2. In the event of public disaster resulting from flood, conflagration or fire, tornado; in, or other natural disaster.
4. In order to assess damage or potential damage and to recommend responsive action as a result of natural or man-made events; or upon an event listed in subds. 1. to 3.
5. 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.
(b) If the governor is absent, or cannot be immediately communicated with, any such civil officer of the persons listed in par. (a) 5. may, if the officer deems the occasion so is urgent, make such application, which shall be in writing, to request assistance from the
commanding officers of any company, battalion or regiment, who may upon commander of any national guard unit. The commander shall obtain 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 before ordering the unit to provide assistance. If it is not feasible to obtain approval of the adjutant general, and the danger is great and imminent, the commander may order the unit to provide assistance without adjutant general approval. The 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 who shall immediately communicate the substance thereof to each member of the order to the members of the company, or if any such unit. If a member cannot be found, a notice in writing containing the substance of such the order, in writing, shall be left at the last and usual member's place of residence of such member with some person of suitable age and discretion, to whom its the order's contents shall be explained.
200,40
Section
40. 21.11 (2) of the statutes is renumbered 321.39 (2) (a) and amended to read:
321.39 (2) (a) 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.
(b) 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 assists an officer or member of the national guard in violating par. (a) shall forfeit be subject to a forfeiture of not less than $200 nor more than $1,000.
200,41
Section
41. 21.11 (3) of the statutes is renumbered 321.04 (2) (e) and amended to read:
321.04 (2) (e) The adjutant general may activate Activate members of the national guard for the purpose of serving to serve on an honors detail of military funeral honors for a person described under s. 45.60 (1).
200,42
Section
42. 21.12 of the statutes is renumbered 321.43 and amended to read:
321.43 Exemption from civil authority. During the time the national guard or state military forces are defense force is performing military duty pursuant to proper under orders issued by the governor or
by the governor's authority adjutant general, all of its members thereof, while going to, remaining at
, or returning from a place of duty shall be are 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 under a lawful military order.
Any such The order shall be deemed prima facie considered lawful unless shown to be unlawful.
200,43
Section
43. 21.13 (title) of the statutes is renumbered 321.42 (title).
200,44
Section
44. 21.13 (1) of the statutes is renumbered 321.42 (1) (a) and amended to read:
321.42 (1) (a) If any state resident who is a member of a the national guard of any state or of the state defense force or any resident of this state who is a member of the national guard of another state 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 within the scope of his or her employment as a member, the action against governor, upon request of the adjutant general, shall appoint counsel to defend 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 request to appoint defense counsel if the act performed by the member was in the line of duty. The governor may appoint the attorney general to defend the member.
(b) The costs and expenses of any such the defense under par. (a) 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. 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.
200,45
Section
45. 21.13 (2) of the statutes is renumbered 321.42 (2) and amended to read:
321.42 (2) Any civil action or proceeding brought against a member of a national guard or the state defense force under sub. (1) (a) is subject to ss. 893.82 and 895.46.
200,46
Section
46. 21.15 (title) of the statutes is repealed.
200,47
Section
47. 21.15 of the statutes is renumbered 321.21 (5) (a) and amended to read:
321.21 (5) (a) 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 property or money, unless the property
or money has been lawfully issued to the person pursuant to law and the proper authority permits the person to retain the property or money 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, property or money for the person's unauthorized private use. Any person violating this section paragraph shall forfeit not less than $50 $100 nor more than $200 $1,000.
200,48
Section
48. 21.155 (title) of the statutes is repealed.
200,49
Section
49. 21.155 of the statutes is renumbered 321.21 (5) (b) and amended to read:
321.21 (5) (b) No A person who possesses under the laws of this state any arms, equipment or other military property may willfully neglect or refuse or money, after the adjutant general makes lawful demand is made for the return of the property by order of the governor, to
or money shall return the property or money promptly. No person may knowingly resist any officer who is lawfully taking possession of such arms, equipment or other
the military property or money. Any person violating this section paragraph shall forfeit not less than $50 $100 nor more than $200 $1,000.
200,50
Section
50. 21.17 of the statutes is renumbered 321.24, and 321.24 (1) and (2), as renumbered, are amended to read:
321.24 (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 mark the area to warn against encroachment by unauthorized persons, but may not to unnecessarily obstruct travel on any public highway. No person may encroach upon or enter upon the area without the consent of the officer.
(2) 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 defense force while the member is in the performance of military duty.
200,51
Section
51. 21.18 (title) and (1) (intro.) of the statutes are renumbered 321.10 (title) and (1) (intro.).
200,52c
Section 52c. 21.18 (1) (a) of the statutes is renumbered 321.10 (1) (a).
200,52f
Section 52f. 21.18 (1) (b) of the statutes is renumbered 321.10 (1) (b) and amended to read:
321.10 (1) (b) A deputy adjutant general for army, with a whose rank of
may not exceed brigadier general, unless selected for a military position requiring federal recognition as a major general.
200,52m
Section 52m. 21.18 (1) (c) of the statutes is renumbered 321.10 (1) (c) and amended to read:
321.10 (1) (c) A deputy adjutant general for air,
with a whose rank of may not exceed brigadier general, unless selected for a military position requiring federal recognition as a major general.
200,53
Section
53. 21.18 (1) (d) of the statutes is renumbered 321.10 (1) (d) and amended to read:
321.10 (1) (d) Two assistant adjutants general for army, who may hold the whose rank
of may not exceed brigadier general.
200,54
Section
54. 21.18 (1) (e), (f), (g), (h), (i) and (j) of the statutes are renumbered 321.10 (1) (f), (g), (h), (i), (j) and (k) and amended to read:
321.10 (1) (f) An assistant adjutant general for air, who may hold the whose rank of may not exceed brigadier general.
(g) A chief surgeon for army, who whose rank may be a not exceed major general officer.
(h) A chief surgeon for air, who whose rank may be a not exceed major general officer.
(i) A staff judge advocate for army, who whose rank may be a not exceed major general
officer.
(j) A staff judge advocate for air, who whose rank may be a not exceed major general
officer.
(k) A state chaplain, either army or air, who whose rank may be a not exceed major general officer.
200,55
Section
55. 21.18 (1) (k) of the statutes is renumbered 321.10 (1) (L).
200,56
Section
56. 21.18 (1m) of the statutes is renumbered 321.10 (3) and amended to read:
321.10 (3) In the event any of the
a deputy adjutants adjutant general, for army or for air, are is 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.
200,57
Section
57. 21.18 (2) of the statutes is renumbered 321.10 (4) and amended to read:
321.10 (4) No person shall may be appointed on to the governor's military staff who has not had previous state or U.S. military experience.
200,58
Section
58. 21.18 (3) of the statutes is renumbered 321.10 (5) and amended to read:
321.10
(5) 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 until terminated
earlier by resignation, disability,
or death 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.
200,59
Section
59. 21.18 (4) of the statutes is renumbered 321.10 (6).
200,60
Section
60. 21.18 (5) of the statutes is renumbered 321.10 (7) and amended to read:
321.10 (7) The adjutant general shall appoint persons to fill vacancies in positions in on the military staff of the governor under sub. (1). 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 remainder of the unexpired term.
200,61
Section
61. 21.19 (title) of the statutes is repealed.
200,62
Section
62. 21.19 (1) of the statutes is renumbered 321.04 (1) (a) and amended to read:
321.04 (1) (a) The adjutant general shall be Be the military 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).
200,63
Section
63. 21.19 (1m) of the statutes is renumbered 321.04 (1) (i) and amended to read:
321.04 (1) (i) The adjutant general shall administer Administer, with the approval of the governor, state-federal cooperative funding agreements related to the department.
200,64
Section
64. 21.19 (2) of the statutes is renumbered 321.03 (2) (intro.) and amended to read:
321.03 (2) (intro.) The department of military affairs on behalf of the state may rent do any of the following:
(a) Enter into an agreement to 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 A rental shall agreement under this paragraph is not be effective unless in writing and approved in writing by the governor and the adjutant general or a his or her designee in writing.
200,65
Section
65. 21.19 (3) (a) of the statutes is renumbered 321.03 (2) (b) and amended to read:
321.03 (2) (b) The department of military affairs on behalf of the state, upon 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, and with the written approval of the governor in writing sell and convey, any state-owned property acquired or erected for state military purposes, which if the property is no longer useful to the national guard.
200,66
Section
66. 21.19 (3) (b) of the statutes is repealed.
200,67
Section
67. 21.19 (4) of the statutes is renumbered 321.04 (1) (g) and amended to read:
321.04 (1) (g) The adjutant general shall be the auditor of Audit all 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.
200,68
Section
68. 21.19 (5) of the statutes is renumbered 321.10 (2) and amended to read:
321.10 (2) 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.
200,69
Section
69. 21.19 (6) of the statutes is repealed.
200,70
Section
70. 21.19 (7) (a) (intro.) of the statutes is repealed.
200,71
Section
71. 21.19 (7) (a) 1. of the statutes is renumbered 321.04 (1) (f) and amended to read:
321.04 (1) (f) Have charge of control over all the military property of the state and shall
military records and carefully preserve, repair, and account for the military property and records.
200,72
Section
72. 21.19 (7) (a) 2. of the statutes is renumbered 321.04 (1) (h) and amended to read:
321.04 (1) (h) Keep in such manner as the governor directs, and subject to the governor's inspection, an account of all moneys received and expended by the department.
200,73
Section
73. 21.19 (7) (a) 3. of the statutes is renumbered 321.04 (1) (q) and amended to read:
321.04 (1) (q) Perform the customary duties of the his or her 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.
200,74
Section
74. 21.19 (7) (b) of the statutes is renumbered 321.04 (1) (k) and amended to read:
321.04 (1) (k) The Transport or contract for the transportation of all troops, arms, accoutrements, stores national guard members and other
military property and the preparation for encampments shall be contracted for by the adjutant general under direction of the governor.
200,75
Section
75. 21.19 (8) of the statutes is renumbered 321.04 (1) (L) and amended to read:
321.04 (1) (L) The adjutant general or a designee shall issue Provide or contract for the provision of all necessary supplies to military property, lodging, and meals for members and units of the national guard and may contract for the purchase and transportation of such supplies, subject to s. 16.71 (1).
200,76
Section
76. 21.19 (9) of the statutes is renumbered 321.04 (2) (c) and amended to read:
321.04 (2) (c) 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 property or the money value thereof
of the property.
200,77
Section
77. 21.19 (10) of the statutes is renumbered 321.04 (2) (d) and amended to read:
321.04 (2) (d) The adjutant general may, upon Upon receipt of a meritorious requests
request for a state service flags for public use flag and within the limits of the appropriation made under s. 20.465 (1) (e), furnish
such flags a flag without charge to the persons or organizations requesting them person who requested it.
200,78
Section
78. 21.19 (11) of the statutes is renumbered 321.04 (1) (d) and amended to read:
321.04 (1) (d) The adjutant general shall provide such Provide necessary 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).
200,79
Section
79. 21.19 (12) of the statutes is renumbered 321.04 (1) (e) and amended to read:
321.04 (1) (e) The adjutant general shall provide from the appropriation under s. 20.465 (1) (c) Provide a United States flag or state flag to the next of kin of each deceased member of the national guard who dies as a result of
during state service under s. 21.11 active duty, to be charged to the appropriation under s. 20.465 (1) (c).
200,80
Section
80. 21.19 (13) of the statutes is renumbered 321.04 (1) (n) and amended to read:
321.04 (1) (n) The adjutant general shall cooperate 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
paragraph shall be credited to the appropriation account under s. 20.465 (1) (i).
