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).
200,81
Section
81. 21.19 (14) of the statutes is renumbered 321.04 (1) (o) and amended to read:
321.04 (1) (o) The adjutant general shall provide 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.
321.04 (1) (r) The adjutant general shall assist Assist national guard members who may have been exposed to depleted uranium in obtaining the best practice health screening test from the federal department of veterans affairs to test for exposure to depleted uranium using a bioassay procedure involving methods sufficiently sensitive to detect depleted uranium at low levels.
200,82
Section
82. 21.20 of the statutes is repealed.
200,83
Section
83. 21.21 of the statutes is repealed.
200,84
Section
84. 21.25 of the statutes is repealed.
200,85
Section
85. 21.26 (title) of the statutes is repealed.
200,86
Section
86. 21.26 (1) and (2) (intro.) of the statutes are consolidated, renumbered 321.03 (1) (c) (intro.) and amended to read:
321.03
(1) (c) (intro.)
The department of military affairs shall administer Administer the
Youth Challenge
Academy program for disadvantaged youth under
32 USC 509.
(2) The department shall determine eligibility criteria for the Challenge Academy consistent with federal law. Annually, the department
of military affairs shall do all of the following:
200,87
Section
87. 21.26 (2) (a) of the statutes is renumbered 321.03 (1) (c) 1. and amended to read:
321.03 (1) (c) 1. Calculate 40% the state share of the average cost per pupil attending the Youth Challenge Academy program and report this information to the department of public instruction.
200,88
Section
88. 21.26 (2) (b) of the statutes is renumbered 321.03 (1) (c) 2.
200,89
Section
89. 21.28 (title) of the statutes is renumbered 321.11 (title).
200,90
Section
90. 21.28 (1), (2) and (3) of the statutes are renumbered 321.11 (1), (2) and (3) and amended to read:
321.11 (1) The adjutant general shall recommend a candidate for appointment as the United States U.S. 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.
(2) The officer nominated under sub. (1) shall assume the duties of a
United States U.S. 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 10 USC 14902, 14903, or 14905 is refused or withdrawn.
(3) Any action by the governor to remove the officer appointed under sub. (1) (2) 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.
200,91
Section
91. 21.30 (title) of the statutes is renumbered 321.12 (title) and amended to read:
321.12 (title) Chief surgeons; powers and duties.
200,92
Section
92. 21.30 of the statutes is renumbered 321.12 (1) and amended to read:
321.12 (1) The chief surgeons for the army and air national guard shall, under direction of the adjutant general, have general supervision of the medical units of the national guard and, if organized, the state defense force when organized. The chief surgeons shall make recommendations concerning the procurement of medical supplies and services 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.
200,93
Section
93. 21.32 (title) of the statutes is repealed.
200,94
Section
94. 21.32 of the statutes is renumbered 321.12 (2) and amended to read:
321.12 (2) The chief surgeons for the army and the air national guard shall provide for such any physical examinations and inoculations of officers, enlistees, and applicants for enlistment in the national guard, as may be that are prescribed by U.S. department of defense and national guard regulations.
200,95
Section
95. 21.33 (title) of the statutes is repealed.
200,96
Section
96. 21.33 of the statutes is renumbered 321.04 (1) (c) and amended to read:
321.04 (1) (c) The quartermaster general acting as paymaster under Under orders from the governor
, may draw from the state treasury the money necessary for paying troops in camp or national guard members on state 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 duty.
200,97
Section
97. 21.35 of the statutes is renumbered 321.37 and amended to read:
321.37 Federal laws and regulations; no 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 No person, otherwise qualified, may be denied membership in the national guard or state defense force because of sex, color, race, creed, or sexual orientation and no member of the national guard or state defense force may be segregated within the national guard or state defense force 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.
200,98
Section
98. 21.36 (title) of the statutes is repealed.
200,99
Section
99. 21.36 (1) of the statutes is renumbered 321.36 and amended to read:
321.36 Rules of discipline. The applicable rules of discipline and the regulations of the U.S. 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. The rules and uniform code of military justice established by congress Congress and the U.S. 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. 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.
200,100
Section
100. 21.36 (2) of the statutes is renumbered 321.04 (2) (a) and amended to read:
321.04 (2) (a) The governor may make and Make, publish, and have printed rules
policies, regulations, and orders instructions for the government governance 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.
(b) 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 of the national guard.
200,101
Section
101. 21.37 of the statutes is repealed.
200,102
Section
102. 21.38 of the statutes is renumbered 321.31 and amended to read:
321.31 Uniform of Wisconsin national guard. The uniform of the national guard shall be that as prescribed by regulations for the corresponding branch of the United States U.S. armed forces.
200,103
Section
103. 21.42 of the statutes is repealed.
200,104
Section
104. 21.43 of the statutes is renumbered 321.33 and amended to read:
321.33 Commissions and rank. The governor shall
appoint and issue commissions to
all officers
whose appointments are approved by the governor. Every commission shall be
countersigned signed by the secretary of state and
attested by the adjutant general
and. A commission shall continue
as provided by law 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. Each
officer so commissioned
officer shall take
the oath of office prescribed by article IV, section 28, of the constitution and file
it 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
creditable service in the national guard
creditable for pay, and if of equal
creditable service then by lot.
200,105
Section
105. 21.47 of the statutes is renumbered 321.34 and amended to read:
321.34 Examinations for promotion or appointments. The governor or adjutant general may order any subordinate officer or person nominated or recommended for promotion or appointment in the national guard or state defense force 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 is to be recommended or appointed, and or promoted. The governor or adjutant general may take such action on the report of
such the examining officer or board of officers as the governor deems he or she considers to be for the best interests of the service national guard or state defense force. The governor or adjutant general may also require the person to take the physical examination provided for admission to the United States U.S. army or air force.
200,106
Section
106. 21.48 of the statutes is renumbered 321.35 and amended to read:
321.35 Pay. (1) Each Every officer and enlisted person of on state active duty in 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.
(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 military staff of the governor, or other members of the national guard or state defense force for any special service under orders
state active duty.
(3) The governor may order, with their
the member's consent, to state 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 a member of his or her military staff who is a state employee. The assigned the officers staff member shall receive the pay, but not the allowances, of an officer of equal grade in the U.S. armed forces
of the United States.
200,107
Section
107. 21.49 (title) and (1) (intro.) of the statutes are renumbered 321.40 (title) and (1) (intro.).
200,108
Section
108. 21.49 (1) (ae) of the statutes is repealed.
200,109
Section
109. 21.49 (1) (am) and (ar) of the statutes are renumbered 321.40 (1) (a) and (b).
200,110
Section
110. 21.49 (1) (b) (intro.) of the statutes is renumbered 321.40 (1) (c) (intro.).
200,111
Section
111. 21.49 (1) (b) 1., 1g. and 1m. of the statutes are renumbered 321.40 (1) (c) 1., 2. and 3.
200,112
Section
112. 21.49 (1) (b) 2. of the statutes is renumbered 321.40 (1) (c) 4. and amended to read:
321.40
(1) (c) 4. Except as provided in subds.
1g. 2. and
1m. 3., an accredited institution of higher education located in this state, as defined in
20 USC 1002.
200,113
Section
113. 21.49 (1) (b) 3. of the statutes is renumbered 321.40 (1) (c) 5.
200,114
Section
114. 21.49 (1) (c) of the statutes is renumbered 321.40 (1) (d) and amended to read:
321.40 (1) (d) "Tuition grant" means any tuition cost reimbursement payment made by the department under sub. (3) (4).
200,115
Section
115. 21.49 (2) (intro.), (a), (b) and (e) of the statutes are renumbered 321.40 (2) (intro.), (a), (b) and (d).
200,116
Section
116. 21.49 (2) (d) of the statutes is renumbered 321.40 (2) (c) and amended to read:
321.40 (2) (c) Failing to meet the national guard
service duty eligibility criteria established by the department or absent without leave for more than 9 unit training assemblies.
200,117
Section
117. 21.49 (2) (f) of the statutes is renumbered 321.40 (2) (e) and amended to read:
321.40 (2) (e) Failing to achieve a minimum grade point average of 2.0 or an average grade of "C" for the semester for which reimbursement is requested a tuition grant is applied for.
200,119
Section
119. 21.49 (3) of the statutes is renumbered 321.40 (3), and 321.40 (3) (a) and (b) 3., as renumbered, are amended to read:
321.40 (3) (a) Any eligible guard member upon satisfactory completion of a full-time or part-time course in a qualifying school is eligible for may apply for a tuition grant equal to 100% 100 percent of the actual tuition charged by the school or 100% 100 percent of the maximum resident undergraduate tuition charged by the University of Wisconsin-Madison for a comparable number of credits, whichever amount is less.
(b) 3. Contain the signatures of both the guard member claiming the grant and a representative of the school, certifying that the member has satisfactorily completed the course and has achieved the minimum grade point average or grade, as required under sub. (2) (f)
(e).
200,120
Section
120. 21.49 (3m) and (4) of the statutes are renumbered 321.40 (4) and (5) and amended to read:
321.40 (4) Repayment of grants. The department shall require a national guard member who has received a tuition grant under this section to repay the amount of the tuition grant to the department if the national guard member, on or after September 1, 2001, is separated from the national guard for misconduct, as defined in the rules and regulations of the national guard, including being absent without leave for more than 9 unit training assemblies. The department may elect to collect the amount owed under this subsection through the tax intercept program under s. 71.93.
(5) Limitations. (a) No guard member is eligible for benefits a tuition grant under this section for more than 120 credits of part-time study or 8 full semesters of full-time study or the equivalent thereof.
(b) If the U.S. congress establishes an active draft after July 1, 1977, no new tuition grants may be authorized under this section. The department shall determine if an active draft has been established. Any termination of the tuition grant program under this paragraph shall allow persons receiving grants prior to the establishment of an active draft to receive full benefits subject to sub. (3) (4) (d) and par. (a).
(c) No guard member may receive a tuition grant under sub. (3) (4) for any semester in which he or she received a payment under s. 45.20 (2).
200,121
Section
121. 21.50 (title) of the statutes is renumbered 321.21 (title).
200,122
Section
122. 21.50 (1) and (2) of the statutes are renumbered 321.21 (2) (a) and (b) and amended to read:
321.21 (2) (a) Each commanding officer to whom state or federal who is issued military property
is issued may be required to execute to the state a bond, with such sureties and in such form and amount as the adjutant general shall approve, conditioned for the faithful preservation and care of all such arms, accoutrements moneys, or stores that the officer received, to indemnify the state against loss by misuse or misapplication by the officer or any other person; to or money shall account for
all of the same according to law, and to the property and money, deliver the same the property and money to any officer lawfully entitled thereto, on demand
to receive them, and to pay all sums lawfully appraised for all losses or damages to that property or money.
(b) The unit commander is the legal custodian has control of the money, and military property and effects of any company sized unit or detachment of the national guard, whether said the money or property is owned by said assigned to the unit or detachment or its members collectively, or has been issued to it or any of its officers, for its use, by the state or the United States authority, and. The unit commander may sue for and recover possession of the same money or military property, whenever it is wrongfully withheld from the unit commander's custody or the custody control of the unit or detachment.
200,123
Section
123. 21.50 (3) and (4) of the statutes are repealed.
200,124
Section
124. 21.51 of the statutes is renumbered 321.13.
200,125
Section
125. 21.52 of the statutes is renumbered 321.14 and amended to read:
321.14 Authority to administer oaths. Any officer of the national guard or any officer of the U.S. armed forces may administer oaths of enlistment in the national guard.
200,126
Section
126. 21.54 of the statutes is renumbered 321.15 and amended to read:
321.15 Resignation of officer. A commissioned officer may resign the officer's his or her commission by submitting the written resignation to the officer's his or her immediate commanding officer, in writing, who
. The commanding officer shall promptly forward the same resignation through military channels to the adjutant general. The governor shall, by order, accept or reject the same resignation, and, if accepted, fix the effective date of its taking effect. No the resignation shall take effect except as so ordered.
200,127
Section
127. 21.56 (title) of the statutes is repealed.
