AB400,38,104
321.11
(1) The adjutant general shall recommend a candidate for appointment
5as the
United States U.S. property and fiscal officer for the national guard, subject
6to the concurrence of the governor, from federally commissioned officers actively
7serving in the national guard. The candidate shall be nominated by the governor,
8subject to the concurrence of the U.S. secretary of the army, if the nominee is serving
9in the army national guard, or the U.S. secretary of the air force, if the nominee is
10serving in the air national guard.
AB400,38,16
11(2) The officer nominated under sub. (1) shall assume the duties of a
United
12States U.S. property and fiscal officer under
32 USC 708, when properly ordered to
13active duty by the appropriate U.S. secretary, on the date specified in the order. The
14officer shall hold his or her position unless terminated earlier by resignation,
15disability or for cause and unless federal recognition of the officer's commission
16under
32 USC 323 10 USC 14902, 14903, or 14905 is refused or withdrawn.
AB400,38,22
17(3) Any action by the governor to remove the officer appointed under sub.
(1) 18(2) for cause shall be governed by the federal laws and military regulations governing
19removal of an officer for cause and shall be subject to review by the chief of the
20national guard bureau and by the U.S. secretary of the army, if the officer is
21commissioned by the army national guard, or by the U.S. secretary of the air force,
22if the officer is commissioned by the air national guard.
AB400, s. 91
23Section
91. 21.30 (title) of the statutes is renumbered 321.12 (title) and
24amended to read:
AB400,38,25
25321.12 (title)
Chief surgeons; powers and duties.
AB400, s. 92
1Section
92. 21.30 of the statutes is renumbered 321.12 (1) and amended to
2read:
AB400,39,103
321.12
(1) The chief surgeons for
the army and air
national guard shall, under
4direction of the adjutant general, have general supervision of the medical units of the
5national guard and
, if organized, the state defense force
when organized. The chief
6surgeons shall make recommendations concerning
the procurement of medical
7supplies
and services for state active duty operations,
for the procurement and
8training of medical personnel
, and
for the publication of national guard directives on
9medical subjects.
The chief surgeons shall submit an annual report of the affairs and
10expenses of their departments to the adjutant general.
AB400, s. 93
11Section
93. 21.32 (title) of the statutes is repealed.
AB400, s. 94
12Section
94. 21.32 of the statutes is renumbered 321.12 (2) and amended to
13read:
AB400,39,1714
321.12
(2) The chief surgeons for
the army and
the air
national guard shall
15provide for
such any physical examinations and inoculations of officers, enlistees,
16and applicants for enlistment in the national guard
, as may be that are prescribed
17by
U.S. department of defense and national guard regulations.
AB400, s. 95
18Section
95. 21.33 (title) of the statutes is repealed.
AB400, s. 96
19Section
96. 21.33 of the statutes is renumbered 321.04 (1) (c) and amended to
20read:
AB400,40,221
321.04
(1) (c)
The quartermaster general acting as paymaster under Under 22orders from the governor
, may draw from the state treasury the money necessary for
23paying
troops in camp or national guard members on
state active
service, and shall
24furnish such security for the same as the secretary of administration may direct. The
25amount due on account of the field, staff, or other officers, noncommissioned staff and
1band, company, or enlistees, not herein enumerated, if any, shall be paid to the person
2to whom the same shall be due, on the properly signed and certified payrolls duty.
AB400, s. 97
3Section
97. 21.35 of the statutes is renumbered 321.37 and amended to read:
AB400,40,17
4321.37 Federal laws and regulations; no No discrimination. The
5organization, armament, equipment, and discipline of the national guard shall be
6that prescribed by federal laws or regulations; and the governor may by order perfect
7such organization, armament, equipment, and discipline, at any time, so as to
8comply with such laws and regulations insofar as they are consistent with the
9Wisconsin code of military justice. Notwithstanding any rule or regulation
10prescribed by the federal government or any officer or department thereof, no No 11person, otherwise qualified, may be denied membership in the national guard
or
12state defense force because of sex, color, race, creed, or sexual orientation and no
13member of the national guard
or state defense force may be segregated within the
14national guard
or state defense force on the basis of sex, color, race, creed, or sexual
15orientation. Nothing in this section prohibits separate facilities for persons of
16different sexes with regard to dormitory accommodations,
public toilets, showers,
17saunas, and dressing rooms.
AB400, s. 98
18Section
98. 21.36 (title) of the statutes is repealed.
AB400, s. 99
19Section
99. 21.36 (1) of the statutes is renumbered 321.36 and amended to
20read:
AB400,41,5
21321.36 Rules of discipline. The
applicable rules of discipline and
the 22regulations of the
U.S. armed forces
of the U.S. shall
, so far as the same are
23applicable, constitute the rules of discipline and the regulations of the national
24guard
; the. The rules and uniform code of military justice established by
congress 25Congress and the
U.S. department of defense for the armed forces shall be adopted
1so far as they are applicable and consistent with the Wisconsin code of military
2justice for the government of the national guard
, and the. The system of instruction
3and the drill regulations prescribed for the different arms and corps of the armed
4forces of the U.S. shall be followed in the military instruction and practice of the
5national guard, and the use of any other system is forbidden.
AB400, s. 100
6Section
100. 21.36 (2) of the statutes is renumbered 321.04 (2) (a) and
7amended to read:
AB400,41,138
321.04
(2) (a)
The governor may make and Make, publish
, and have printed 9rules policies, regulations, and
orders instructions for the
government governance 10of the national guard
, not inconsistent with the law, and cause the rules, regulations,
11or orders, together with any related laws, to be printed and distributed in book form,
12or another form, in any number that the governor considers necessary. The governor
13may provide.
AB400,41,16
14(b) Provide for all books and forms
that may be necessary for the proper
15discharge of the duty of all officers
. The governor may delegate the authority under
16this subsection to the adjutant general by executive order of the national guard.
AB400, s. 102
18Section
102. 21.38 of the statutes is renumbered 321.31 and amended to read:
AB400,41,21
19321.31 Uniform of Wisconsin national guard. The uniform of the national
20guard shall be
that as prescribed by regulations for the corresponding branch of the
21United States U.S. armed forces.
AB400, s. 104
23Section
104. 21.43 of the statutes is renumbered 321.33 and amended to read:
AB400,42,11
24321.33 Commissions and rank. The governor shall
appoint and issue
25commissions to
all officers
whose appointments are approved by the governor. Every
1commission shall be
countersigned signed by the secretary of state and
attested by 2the adjutant general
and. A commission shall continue
as provided by law unless
3terminated earlier by resignation, disability, or for cause or unless federal
4recognition of the officer's commission under 32 USC 323 is refused or withdrawn.
5Each
officer so commissioned
officer shall take
the oath of office prescribed by article
6IV, section 28, of the constitution and file
it with the department
of military affairs
7the oath of office prescribed by article IV, section 28, of the constitution. All
8commissioned officers shall take rank according to the date assigned them by their
9commissions, and when 2 of the same grade rank from the same date, their rank shall
10be determined by length of
creditable service in the national guard
creditable for pay,
11and if of equal
creditable service then by lot.
AB400, s. 105
12Section
105. 21.47 of the statutes is renumbered 321.34 and amended to read:
AB400,42,23
13321.34 Examinations for promotion or appointments. The governor
or
14adjutant general may order any
subordinate officer or person nominated or
15recommended for promotion or appointment in the national guard
or state defense
16force to be examined by any competent officer or board of officers, designated in
17orders for that purpose, as to that person's qualifications for the office to which that
18person
may is to be
recommended or appointed
, and or promoted. The governor or
19adjutant general may take
such action on the report of
such the examining officer or
20board of officers as
the governor deems he or she considers to be for the best interests
21of the
service national guard or state defense force. The governor
or adjutant general 22may also require
the person to take the physical examination provided for admission
23to the
United States U.S. army or air force.
AB400, s. 106
24Section
106. 21.48 of the statutes is renumbered 321.35 and amended to read:
AB400,43,5
1321.35 Pay. (1)
Each Every officer and enlisted person
of on state active duty
2in the national guard
on active duty in the state under orders of the governor on a
3state pay basis shall receive the base pay and allowances of an officer or enlisted
4person of equal rank in the corresponding branch of the U.S. armed forces
except that
5the base pay so provided shall not be less than $50 per day.
AB400,43,9
6(2) The governor may
, by orders, duplicates of which shall be filed with the
7secretary of state, fix the pay of any member of the
governor's staff military staff of
8the governor, or other members of the national guard
or state defense force for any
9special
service under orders state active duty.
AB400,43,15
10(3) The governor may order, with
their
the member's consent, to
state active
11duty
in the department of military affairs, any departmental officers of the
12governor's staff, including the adjutant general and the deputy adjutants general,
13and while so a member of his or her military staff who is a state employee. The 14assigned
the officers staff member shall receive the pay, but not the allowances, of
15an officer of equal grade in the
U.S. armed forces
of the United States.
AB400, s. 107
16Section
107. 21.49 (title) and (1) (intro.) of the statutes are renumbered 321.40
17(title) and (1) (intro.).
AB400, s. 108
18Section
108. 21.49 (1) (ae) of the statutes is repealed.
AB400, s. 109
19Section
109. 21.49 (1) (am) and (ar) of the statutes are renumbered 321.40 (1)
20(a) and (b).
AB400, s. 110
21Section
110. 21.49 (1) (b) (intro.) of the statutes is renumbered 321.40 (1) (c)
22(intro.).
AB400, s. 111
23Section
111. 21.49 (1) (b) 1., 1g. and 1m. of the statutes are renumbered 321.40
24(1) (c) 1., 2. and 3.
AB400, s. 112
1Section
112. 21.49 (1) (b) 2. of the statutes is renumbered 321.40 (1) (c) 4. and
2amended to read:
AB400,44,43
321.40
(1) (c) 4. Except as provided in subds.
1g. 2. and
1m. 3., an accredited
4institution of higher education located in this state, as defined in
20 USC 1002.
AB400, s. 113
5Section
113. 21.49 (1) (b) 3. of the statutes is renumbered 321.40 (1) (c) 5.
AB400, s. 114
6Section
114. 21.49 (1) (c) of the statutes is renumbered 321.40 (1) (d) and
7amended to read:
AB400,44,98
321.40
(1) (d) "Tuition grant" means any tuition cost reimbursement payment
9made by the department under sub.
(3) (4).
AB400, s. 115
10Section
115. 21.49 (2) (intro.), (a), (b) and (e) of the statutes are renumbered
11321.40 (2) (intro.), (a), (b) and (d).
AB400, s. 116
12Section
116. 21.49 (2) (d) of the statutes is renumbered 321.40 (2) (c) and
13amended to read:
AB400,44,1614
321.40
(2) (c) Failing to meet the national guard
service duty eligibility criteria
15established by the department or absent without leave for more than 9 unit training
16assemblies.
AB400, s. 117
17Section
117. 21.49 (2) (f) of the statutes is renumbered 321.40 (2) (e) and
18amended to read:
AB400,44,2119
321.40
(2) (e) Failing to achieve a minimum grade point average of 2.0
or an
20average grade of "C" for the semester for which
reimbursement is requested a tuition
21grant is applied for.
AB400, s. 118
22Section
118. 21.49 (2m) of the statutes is renumbered 321.40 (3), and 321.40
23(3) (intro.), as renumbered, is amended to read:
AB400,45,324
321.40
(3) Information regarding attendance. (intro.) The department shall
25promulgate by rule the number of days after commencement of a course that a guard
1member shall provide the department with the following information regarding his
2or her intent to
seek reimbursement for a course
apply for a tuition grant under this
3section:
AB400, s. 119
4Section
119. 21.49 (3) of the statutes is renumbered 321.40 (4), and 321.40 (4)
5(a) and (b) 3., as renumbered, are amended to read:
AB400,45,116
321.40
(4) (a) Any eligible guard member upon satisfactory completion of a
7full-time or part-time course in a qualifying school
is eligible for may apply for a
8tuition grant equal to
100% 100 percent of the actual tuition charged by the school
9or
100% 100 percent of the maximum resident undergraduate tuition charged by the
10University of Wisconsin-Madison for a comparable number of credits, whichever
11amount is less.
AB400,45,1512
(b) 3. Contain the signatures of both the guard member claiming the grant and
13a representative of the school, certifying that the member has satisfactorily
14completed the course and has achieved the minimum grade point average or grade,
15as required under sub. (2)
(f) (e).
AB400, s. 120
16Section
120. 21.49 (3m) and (4) of the statutes are renumbered 321.40 (5) and
17(6) and amended to read:
AB400,45,2518
321.40
(5) Repayment of grants. The department shall require a
national 19guard member who has received a
tuition grant under this section to repay the
20amount of the
tuition grant to the department if the national guard member
, on or
21after September 1, 2001, is separated from the national guard for misconduct, as
22defined in the rules and regulations of the national guard, including being absent
23without leave for more than 9 unit training assemblies. The department may elect
24to collect the amount owed under this subsection through the tax intercept program
25under s. 71.93.
AB400,46,3
1(6) Limitations. (a) No guard member is eligible for
benefits a tuition grant 2under this section for more than 120 credits of part-time study or 8 full semesters
3of full-time study or the equivalent thereof.
AB400,46,94
(b) If the U.S. congress establishes an active draft after July 1, 1977, no new
5tuition grants may be authorized under this section. The department shall
6determine if an active draft has been established. Any termination of the
tuition 7grant program under this paragraph shall allow persons receiving grants prior to the
8establishment of an active draft to receive full benefits subject to sub.
(3) (4) (d) and
9par. (a).
AB400,46,1110
(c) No guard member may receive a
tuition grant under sub.
(3) (4) for any
11semester in which he or she received a payment under s. 45.20 (2).
AB400, s. 121
12Section
121. 21.50 (title) of the statutes is renumbered 321.21 (title).
AB400, s. 122
13Section
122. 21.50 (1) and (2) of the statutes are renumbered 321.21 (2) (a) and
14(b) and amended to read:
AB400,46,2415
321.21
(2) (a) Each commanding officer
to whom state or federal who is issued
16military property
is issued may be required to execute to the state a bond, with such
17sureties and in such form and amount as the adjutant general shall approve,
18conditioned for the faithful preservation and care of all such arms, accoutrements
19moneys, or stores that the officer received, to indemnify the state against loss by
20misuse or misapplication by the officer or any other person; to
or money shall account
21for
all of the same according to law, and to the property and money, deliver
the same 22the property and money to any officer
lawfully entitled
thereto, on demand to receive
23them, and
to pay
all sums lawfully appraised for
all losses or damages
to that
24property or money.
AB400,47,8
1(b) The unit commander
is the legal custodian
has control of the money
, and
2military property
and effects of any
company sized unit
or detachment of the national
3guard, whether
said the money or property is
owned by said assigned to the unit
or
4detachment or its members collectively, or has been issued to it or any of its officers,
5for its use
, by
the state or
the United States
authority, and. The unit commander may
6sue for and recover possession of the
same money or military property, whenever
it
7is wrongfully withheld from the
unit commander's custody or the custody control of
8the unit
or detachment.
AB400, s. 123
9Section
123. 21.50 (3) and (4) of the statutes are repealed.
AB400, s. 124
10Section
124. 21.51 of the statutes is renumbered 321.13.
AB400, s. 125
11Section
125. 21.52 of the statutes is renumbered 321.14 and amended to read:
AB400,47,14
12321.14 Authority to administer oaths. Any officer of the national guard or
13any officer of the U.S. armed forces may administer oaths of enlistment
in the
14national guard.
AB400, s. 126
15Section
126. 21.54 of the statutes is renumbered 321.15 and amended to read:
AB400,47,22
16321.15 Resignation of officer. A commissioned officer may resign
the
17officer's his or her commission
by submitting the written resignation to
the officer's 18his or her immediate commanding officer
, in writing, who. The commanding officer 19shall promptly forward the
same resignation through military channels to the
20adjutant general. The governor shall, by order, accept or reject the
same resignation,
21and, if accepted, fix the
effective date of
its taking effect. No the resignation
shall
22take effect except as so ordered.
AB400, s. 127
23Section
127. 21.56 (title) of the statutes is repealed.
AB400, s. 128
24Section
128. 21.56 (1) and (2) of the statutes are renumbered 321.21 (3) (a) and
25(b) and amended to read:
AB400,48,10
1321.21
(3) (a) All state-owned military property
or money issued to any officer
2or armory facility manager shall be audited annually as a part of the annual
3inspection of federal property accounts. When
damages
damage, other than
fair 4reasonable wear and tear
, or loss of state-owned property is discovered, the adjutant
5general shall appoint a surveying officer to determine the cause and fix blame. Upon
6review, the adjutant general may hold responsible individuals
pecuniarily 7financially liable
, and may require a depreciated payment, as determined by the
8adjutant general, into the state treasury. If it is determined that the property
or
9money was damaged, destroyed or lost without fault or neglect on the part of those
10responsible, all concerned
may shall be relieved of liability.
AB400,48,1311
(b) Whenever any state-owned military property becomes unsuitable,
12unserviceable
, or no longer required for military purposes, it shall be disposed of as
13surplus property subject to s. 16.72 (4) and (5).
AB400, s. 129
14Section
129. 21.57 (title) of the statutes is repealed.
AB400, s. 130
15Section
130. 21.57 (1) and (2) of the statutes are renumbered 321.21 (4) (a) and
16(b) and amended to read:
AB400,48,2217
321.21
(4) (a)
Whenever any When an officer who is responsible for
state 18military property
or money is separated or reassigned, all
military property
or money 19in the officer's possession or for which the officer is responsible shall
be delivered to 20become the responsibility of the person
designated the adjutant general designates 21to receive the property
by the adjutant general or money. No separation
or
22reassignment shall be effective until all
property accounts have been settled.
AB400,49,223
(b)
In case of the death of any If an officer having
custody control of
state 24military property
or money dies, the next in command shall immediately take charge
25of
such the property
or money and deliver
the same the property or money to the
1person
the adjutant general appointed to
receive control the property
by the adjutant
2general or money.
AB400, s. 133
5Section
133. 21.61 (title) of the statutes is repealed.
AB400, s. 134
6Section
134. 21.61 (1), (3), (4) and (5) of the statutes are renumbered 321.23
7(1) (a), (b), (c) and (d) and amended to read:
AB400,49,218
321.23
(1) (a)
The governing body of any city, village, town or county A political
9subdivision or federally recognized Indian tribe or band in which one or more
10companies units of the national guard
may be is located may
erect build or purchase
11a suitable armory for the purpose of drill and for the safekeeping of
the arms,
12equipment, uniforms and other military property
furnished by the state, and for
13public meetings and conventions, when
such that use will not interfere with the use
14of
such the building by the national guard.
Plans and specifications The adjutant
15general and the building commission may review and approve or reject plans and
16specifications for
such the armories
shall be inspected and approved by the governor
17and the adjutant general who. The adjutant general and the department of
18administration shall file with the
governing body of the city, village, town or county 19political subdivision or the federally recognized Indian tribe or band a certificate of
20such inspection and approval
prior to
before the
erection thereof construction of an
21armory.
AB400,50,1222
(b)
The governing body of any city, village, town or county A political
23subdivision or federally recognized Indian tribe or band in which any
such company 24unit of the national guard
may be
is located may purchase land and build armories
25in the same manner as the
governing body political subdivision or tribe or band is
1now authorized by law to build other
city, village, town or county buildings
, and
2when. When unable to agree upon the price of land with its owner
, the political
3subdivision or federally recognized Indian tribe or band may
, if in its opinion
4necessary, appropriate land for the purpose of building armories in the same manner
5as the
governing body political subdivision or tribe or band is now authorized by law
6to appropriate real estate for other
city, village, town or county buildings.
In case
7however If a
city, village, town or county shall have political subdivision or federally
8recognized Indian tribe or band aided in the
erection building of an armory and the
9company or companies of the national guard for which the armory was
erected shall
10at any time be built is disbanded,
then the armory shall become the property of the
11city, village, town or county in which political subdivision or tribe or band that aided
12in the building of the armory
is erected.
AB400,50,2113
(c)
Such The armory, when
erected built or purchased, shall be under the
14control and charge of the governor, the adjutant general
, and
the commanding officer
15of the
company or companies unit of the national guard for which it has been
16provided. The commanding officer shall
cause to be deposited therein, deposit in the
17armory all
arms, uniforms and equipment military property received from the
18governor and the adjutant general
who. The adjutant general may
make such rules
19as they deem proper for the observance of issue regulations, instructions, or policies
20to be followed by all officers and persons having charge of
such the armories or
21occupying any part
thereof of the armories.
AB400,51,522
(d) Whenever any
county, city, town or village erects
political subdivision or
23federally recognized Indian tribe or band constructs a building as a memorial to the
24soldiers, sailors and marines members of the U.S. armed forces or national guard 25who served in any war or armed conflict of the United States and makes provision
1therein in the memorial building for the accommodation of one or more companies
2of the national guard having no regularly established armory, the
governor, adjutant
3general
or other state officers having control of armory accommodations and
4regulations shall, whenever practicable, rent the armory provided in
such the 5memorial building for the use of
those companies of the national guard.
AB400, s. 136
7Section
136. 21.616 (title) of the statutes is repealed.
AB400, s. 137
8Section
137. 21.616 of the statutes is renumbered 321.23 (2) and amended to
9read:
AB400,51,2310
321.23
(2) The department
of military affairs is authorized and directed may,
11when contributions
therefor are made available by the federal government under
the
12national defense facilities act of 1950 or any act or acts amendatory thereof or
13supplementary thereto, to federal law, expand, rehabilitate, equip
, or convert
14facilities owned by the state and
to acquire, construct, expand, rehabilitate, equip
, 15or convert additional facilities. The department
of military affairs may
on the part
16of the state accept
such the federal contributions in the manner prescribed by federal
17law or regulation, and may accept
on behalf of the state the lawful terms and
18conditions
thereof of a federal contribution. The department
of military affairs shall
19take such steps and have all the functions and has the duties and powers necessary
, 20consistent with the appropriation therefor, to acquire contributions under
any such 21federal
act law and to undertake and complete
any such a project
described in this
22subsection in conformity with the applicable federal
act law and this
section 23subsection.