AB400, s. 15
5Section
15. Chapter 21 (title) of the statutes is repealed.
AB400, s. 16
6Section
16. 21.01 of the statutes is renumbered 321.30 and amended to read:
AB400,17,10
7321.30 Composition of national guard.
(1) The organized militia of this
8state shall be known as the "Wisconsin national guard" and shall consist of members
9appointed commissioned or enlisted
therein in accordance with federal law or
10regulations governing
or pertaining to the national guard.
AB400,17,14
11(2) The Wisconsin national guard shall
be organized into consist of the army
12national guard and
the air national guard
units, and "national guard" when used in
13this chapter, unless the context otherwise requires, means both the Wisconsin army
14national guard and the Wisconsin air national guard.
AB400, s. 17
15Section
17. 21.015 (title) of the statutes is renumbered 321.03 (title) and
16amended to read:
AB400,17,17
17321.03 (title)
Department
Powers and duties of the department.
AB400, s. 18
18Section
18. 21.015 (intro.) of the statutes is renumbered 321.03 (1) (intro.) and
19amended to read:
AB400,17,2120
321.03
(1) (intro.) The department
of military affairs shall
do all of the
21following:
AB400, s. 19
22Section
19. 21.015 (1) of the statutes is renumbered 321.03 (1) (a).
AB400, s. 20
23Section
20. 21.015 (2) of the statutes is renumbered 321.03 (1) (b) and
24amended to read:
AB400,18,2
1321.03
(1) (b) Provide facilities
and support for the national guard
and any
2other support available from the appropriations under s. 20.465.
AB400, s. 21
3Section
21. 21.025 (title) of the statutes is renumbered 321.51 (title).
AB400, s. 22
4Section
22. 21.025 (1), (2) (a), (c) and (d), (3), (4), (6), (8), (9), (10) and (11n) of
5the statutes are renumbered 321.51 (1), (2) (a), (c) and (d), (3), (4), (5), (6), (7), (8) and
6(10) and amended to read:
AB400,18,187
321.51
(1) Authority and name. The adjutant general may establish a plan for
8organizing a military force to be known as the
Wisconsin state defense force. "state
9defense force." The
governor, or adjutant general
if designated by the governor, may
10organize the
Wisconsin state defense force
under the plan, which may include an
11aviation unit, if all or part of the national guard is called into
the service of the United
12States. It federal active duty. The state defense force shall be
a uniformed force 13distinct from the national guard,
uniformed, and composed of
officers, commissioned
14or assigned
, officers and
of enlisted personnel who volunteer for service.
15Membership in the Wisconsin state defense force may not include any A person who
16is
on active duty in the
active military U.S. armed forces, including the
active reserve
17components
, may not serve in the state defense force.
Persons A person in the retired
18or inactive reserve may serve in the
Wisconsin state defense force.
AB400,19,6
19(2) (a) The governor
or adjutant general, if designated by the governor, may
20prescribe
rules and regulations
not inconsistent, instructions, and policies
21consistent with this section governing the enlistment, organization, administration,
22equipment,
uniforms, maintenance, training, and discipline of
such forces, except
23that such rules and regulations, insofar as the state defense force. The regulations,
24instructions, and policies, to the extent the governor
deems practicable and desirable 25considers necessary, shall conform to existing law governing
and pertaining to the
1national guard
and the rules and regulations promulgated thereunder and. The
2regulations, instructions, and policies shall prohibit
the acceptance of a member of
3the state defense force from accepting any gifts, donations, gratuities, or
anything 4other things of value
by such forces or by any member of such forces from any person
5by reason of such membership given to the member because he or she is a member
6of the state defense force other than wages and benefits paid by the state.
AB400,19,97
(c) Officers and enlistees, while on
state active duty
under orders of the
8governor,
in the state defense force shall receive the base pay and allowances of the
9identical grade in the
United States U.S. army.
AB400,19,1510
(d) The adjutant general may organize a
cadre force
recruitment and training
11unit of not more than 12
personnel persons at each
state-owned state armory.
Each
12cadre force shall The unit shall establish recruitment lists of persons interested in
13becoming members of the state defense force,
which may be used to recruit full units
14for the state defense force
in case the national guard is mobilized for active federal
15duty, and train the persons recruited.
AB400,20,7
16(3) Requisitions; armories; other buildings. For the use of such forces, the The 17governor
or adjutant general, if designated by the governor, may requisition
military
18property from the federal government
such arms and equipment as may be available,
19and the for the use of the state defense force. The governor
or adjutant general, if
20designated by the governor, may make available to the state defense force the
21facilities of state armories and
their equipment and such military property and other
22state premises and property
as may be available and may, through the. The 23department
of military affairs, may rent or lease buildings or parts of buildings and
24grounds for armory purposes or continue in possession of
such those premises leased
25by the department
of military affairs for the use of the national guard, paying
rental
1therefor out of funds appropriated rent from the appropriation under s. 20.465 (1) (a).
2All leases
so made shall made under this subsection terminate upon dissolution of
3the
Wisconsin state defense force regardless of the term provided
therein in the lease, 4unless the premises
shall be are needed for national guard purposes
, in which case
5the. The lease
for the premises needed for the national guard may be assigned by
6the department
of military affairs to the national guard organization
intending that
7intends to occupy the premises.
AB400,20,10
8(4) Use without outside this state. Such forces shall The state defense force
9may not
be required to serve outside the boundaries of this state
except unless one
10of the following applies:
AB400,20,1611
(a) Upon the request of the governor of another state, the governor of this state
12may order any portion or orders all
or part of
such forces the state defense force to
13assist
the a military
unit or
police forces of such law enforcement agency of the other
14state
who are actually engaged in defending such other state. Such forces may be
15recalled by the. The governor
at the governor's discretion may recall the state
16defense force from the other state at any time.
AB400,21,817
(b)
Any organization, unit, or detachment of such forces, upon Upon order of
18the officer in
immediate command
thereof, may continue, the state defense force
19continues in fresh pursuit of insurrectionists,
saboteurs, enemies terrorists, or
20enemy forces
beyond the borders of this state into another state until they are
21apprehended or captured
by such organization, unit, or detachment or until
the a 22military
unit or
police forces law enforcement agency of the other state or the forces
23of the United States have had a reasonable opportunity to take up the pursuit or to
24apprehend or capture
such those persons
, provided such. Any pursuit under this
25subsection may only take place if the other state
shall have given gives authority
by
1law for
such the pursuit
by such forces of this state. Any
such person who
shall be
2apprehended or is captured in
such the other state by
an organization, unit, or
3detachment of the forces of this the state
defense force shall without unnecessary
4delay be surrendered to
the a military
unit or
police forces law enforcement agency 5of the state in which the person is
taken captured or to the United States
, but such.
6The surrender
of the person captured shall not constitute a waiver by this state of
7its the right to extradite or prosecute
such the person for any crime committed in this
8state.
AB400,21,14
9(5) Federal service active duty. Nothing in this section shall be construed as
10authorizing such forces, or any part thereof to be called, ordered, or in any manner 11No unit of the state defense force may be drafted, as such
, into the
U.S. military
12service of the United States, but no. No person shall by reason of
enlistment or
13commission in any such forces membership in the state defense force be exempted
14from
military service under any law of the United States federal active duty.
AB400,21,18
15(6) Disqualifications. No person
shall be commissioned or enlisted in such
16forces who is not a citizen of the United States or who has been expelled or
17dishonorably discharged from any military or naval organization
, of this state,
or of
18another state, or of the United States
may be a member of the state defense force.
AB400,21,22
19(7) Oath of officers. The oath to be taken by officers
commissioned
or enlistees 20in
such forces the state defense force shall be substantially in the form prescribed for
21officers of the national guard.
The oath shall be filed in the same manner as in the
22national guard.
AB400,22,2
23(8) Enlistees. No person
shall may be enlisted
in the state defense force for
24more than one year, but
such enlistment may be renewed.
The oath to be taken upon
1enlistment in such forces shall be substantially in the form prescribed for enlistees
2of the national guard.
AB400,22,4
3(10) Labor disputes. The state defense force
shall may not be used to interfere
4with the orderly process of a labor dispute.
AB400, s. 23
5Section
23. 21.025 (2) (title) of the statutes is renumbered 321.51 (2) (title).
AB400, s. 24
6Section
24. 21.025 (2) (b) of the statutes is repealed.
AB400, s. 25
7Section
25. 21.025 (5) (title) of the statutes is renumbered 321.05 (title).
AB400, s. 26
8Section
26. 21.025 (5) (a) and (b) of the statutes are renumbered 321.05 (1) and
9(2) and amended to read:
AB400,22,1710
321.05
(1) Any military
forces or organization, unit
, or detachment thereof, of
11another state
who are that is in fresh pursuit of insurrectionists,
saboteurs, enemies 12terrorists, or enemy forces may continue
such the pursuit into this state until
the a 13military
unit or
police forces law enforcement agency of this state or the
forces of the
14United States have U.S. military has had a reasonable opportunity to take up the
15pursuit or
to apprehend or capture
such persons, and such the persons. The military
16forces of such unit of the other state may arrest or capture
such those persons
within 17in this state while in fresh pursuit.
AB400,22,21
18(2) Any
such person who
shall be is captured or arrested by the military
forces
19of such other unit of another state while in this state shall without unnecessary delay
20be surrendered to
the a military
unit or
police forces law enforcement agency of this
21state
to be dealt with according to law.
AB400, s. 27
22Section
27. 21.025 (5) (c) of the statutes is repealed.
AB400, s. 28
23Section
28. 21.025 (7) of the statutes is repealed.
AB400, s. 29
24Section
29. 21.025 (11m) (title) of the statutes is renumbered 321.51 (9) (title).
AB400, s. 30
1Section
30. 21.025 (11m) (a) and (b) of the statutes are consolidated,
2renumbered 321.51 (9) and amended to read:
AB400,23,143
321.51
(9) Officers and enlistees of the
"Wisconsin State Defense Force" state
4defense force who have served honorably
therein for a period of at least one year and
5are active members of their respective units at the time of its demobilization shall 6may, upon application to the unit commander, be permitted to retain
the items of
7their uniform
prescribed by the governor by rule. (b) The. If retained, the uniform
8prescribed under par. (a) may be worn only on occasions
of ceremony. "Occasions of
9ceremony" means occasions essentially of a military character at which the uniform
10is more appropriate than civilian clothing, such as memorial services, military
11weddings, military funerals, military balls, military parades,
military reunions, and
12meetings or functions of associations formed for military purposes, the membership
13of which is composed largely or entirely of honorably discharged
veterans of the
14services members of the U.S. military, national guard, and state defense force.
AB400, s. 31
15Section
31. 21.025 (13) of the statutes is repealed.
AB400, s. 32
16Section
32. 21.03 of the statutes is renumbered 321.20 and amended to read:
AB400,23,21
17321.20 Distribution of arms military property. The governor may receive
18and distribute
, according to law, the quota of arms and military
equipment which 19property that the state
may receive
receives from the
U.S. government
of the United
20States under
the provisions of any acts of congress federal laws providing for arming
21and equipping
of the national guard and the state defense force.
AB400, s. 33
22Section
33. 21.04 of the statutes is renumbered 321.22 and amended to read:
AB400,24,3
23321.22 Camp Williams. (1) The state
camp grounds facility near Camp
24Douglas, Juneau County, shall be known as "Camp Williams". The officer in charge
25of Camp Williams
shall have at said camp the police powers possessed by officials at
1state hospitals, as provided in s. 46.058 (2) may arrest a person for a violation that
2occurs at Camp Williams of a state law, local ordinance, or provision of the Wisconsin
3code of military justice.
AB400,24,6
4(2) The adjutant general may grant to the federal government the right to use
5any area of Camp Williams upon
such conditions
as that the adjutant general deems
6advisable.
AB400,24,11
7(3) In memory of 1st lieutenant Jerome A. Volk, the first Wisconsin air national
8guard pilot killed in combat during the Korean conflict, so much of Camp Williams
9as is under lease to the federal government for use of the air national guard shall be
10known as "Volk Field" during the time the property remains under lease to the
U.S. 11government
of the United States.
AB400, s. 34
12Section
34. 21.05 of the statutes is renumbered 321.32 and amended to read:
AB400,24,18
13321.32 Term of enlistment; requirements and discharge. Every person
14who enlists or receives a commission in the national guard shall serve for the term
15prescribed and satisfy the physical, educational and training requirements
16prescribed by the
U.S. national guard bureau.
Enlistees in the national guard shall
17be discharged as provided in the laws and regulations of the U.S. national guard
18bureau.
AB400, s. 35
19Section
35. 21.06 of the statutes is renumbered 321.44 and amended to read:
AB400,24,23
20321.44 Exemptions from certain county duties. Every member of the
21national guard or state
military forces shall be defense force is exempt from service
22on any body of county residents summoned by the sheriff to assist in preserving the
23peace.
AB400, s. 36
24Section
36. 21.07 of the statutes is renumbered 321.38 and amended to read:
AB400,25,5
1321.38 Decorations and awards. The adjutant general may prescribe
2decorations and awards for the national guard and the state defense force
, the. The 3adjutant general shall adopt policies establishing the form and
issue thereof made
4under rules adopted by the adjutant general and approved by the governor issuance
5of those decorations and awards.
AB400, s. 37
6Section
37. 21.09 of the statutes is renumbered 321.41 and amended to read:
AB400,25,17
7321.41 Training; special schools; pay and allowances. The governor
or
8adjutant general may order the national guard
or state defense force to assemble for
9training at any military establishment
within or without the state specified and
10approved by the department of defense and fix the dates and places
thereof, and the 11of that training. The governor
or adjutant general may order members of the
12national guard
or state defense force, at their option, to attend
such special schools
13for military training
as may be that are authorized by the state or federal
14government.
For such training and attendance at special schools, members The
15governor or adjutant general shall determine the amount that the members of the
16national guard
or state defense force shall receive
such as pay and allowances
as the
17federal government or the governor may authorize for the training.
AB400, s. 38
18Section
38. 21.11 (title) of the statutes is renumbered 321.39 (title) and
19amended to read:
AB400,25,20
20321.39 (title)
Call to state active service duty.
AB400, s. 39
21Section
39. 21.11 (1) of the statutes is renumbered 321.39 (1) (a) 1. and
22amended to read:
AB400,25,2423
321.39
(1) (a) 1. In case of war, insurrection, rebellion, riot, invasion
, terrorism, 24or resistance to the execution of the laws of this state or of the United States
; in.
AB400,26,2
12. In the event of public disaster resulting from flood,
conflagration or fire,
2tornado
; in, or other natural disaster.
AB400,26,5
34. In order to assess damage or potential damage and to recommend responsive
4action as a result of
natural or man-made events; or upon an event listed in subds.
51. to 3.
AB400,26,9
65. Upon application of any marshal of the United States, the president of any
7village, the mayor of any city, the chairperson of any town board, or any sheriff in this
8state
, the governor may order into active service all or any portion of the national
9guard.
AB400,27,2
10(b) If the governor is absent, or cannot be immediately communicated with, any
11such civil officer of the persons listed in par. (a) 5. may, if the
officer deems the 12occasion
so is urgent,
make such application, which shall be in writing, to request
13assistance from the
commanding officers of any company, battalion or regiment, who
14may upon commander of any national guard unit. The commander shall obtain 15approval of the adjutant general
, if the danger is great and imminent, order out that
16officer's command to the aid of such civil officer. Such before ordering the unit to
17provide assistance. If it is not feasible to obtain approval of the adjutant general, and
18the danger is great and imminent, the commander may order the unit to provide
19assistance without adjutant general approval. The order shall be delivered to
the
20commanding officer, who shall immediately communicate the order to each, and 21every subordinate officer,
and every company commander receiving the same who 22shall immediately communicate the substance
thereof to each member of the order
23to the members of the
company, or if any such
unit. If a member cannot be found,
24a notice in writing containing the substance of
such the order
, in writing, shall be left
1at the
last and usual member's place of residence
of such member with some person
2of suitable age and discretion, to whom
its the order's contents shall be explained.
AB400, s. 40
3Section
40. 21.11 (2) of the statutes is renumbered 321.39 (2) (a) and amended
4to read:
AB400,27,75
321.39
(2) (a) Any commissioned officer or enlisted member of the national
6guard who fails to carry out orders or fails to appear at the time or place ordered as
7provided in sub. (1) shall be punished under the Wisconsin code of military justice.
AB400,27,11
8(b) Any person who
advises or endeavors to persuade an officer or soldier to
9refuse or neglect to appear at such place or obey such order assists an officer or
10member of the national guard in violating par. (a) shall
forfeit be subject to a
11forfeiture of not less than $200 nor more than $1,000.
AB400, s. 41
12Section
41. 21.11 (3) of the statutes is renumbered 321.04 (2) (e) and amended
13to read:
AB400,27,1614
321.04
(2) (e)
The adjutant general may activate Activate members of the
15national guard
for the purpose of serving to serve on an honors detail of military
16funeral honors for a person described under s. 45.60 (1).
AB400, s. 42
17Section
42. 21.12 of the statutes is renumbered 321.43 and amended to read:
AB400,28,2
18321.43 Exemption from civil authority. During the time the
national guard
19or state
military forces are defense force is performing military duty
pursuant to
20proper under orders issued by the governor or
by the governor's authority adjutant
21general, all
of its members
thereof
, while going to, remaining at
, or returning from
22a place of duty
shall be are exempt from arrest or service of any process issued by a
23civilian court. In any civil or criminal prosecution against any member arising out
24of the member's performing military duty, it shall be a defense that the member was
1acting in good faith or
pursuant to any under a lawful military order.
Any such The 2order shall be
deemed prima facie considered lawful
unless shown to be unlawful.
AB400, s. 43
3Section
43. 21.13 (title) of the statutes is renumbered 321.42 (title).
AB400, s. 44
4Section
44. 21.13 (1) of the statutes is renumbered 321.42 (1) (a) and amended
5to read:
AB400,28,176
321.42
(1) (a) If any
state resident who is a member of
a the national guard
7of any state or of the state defense force
or any resident of this state who is a member
8of the national guard of another state is prosecuted by any civil or criminal action for
9any act performed
by the member while in the performance of military duty and in
10pursuance of military duty within the scope of his or her employment as a member,
11the
action against governor, upon request of the adjutant general, shall appoint
12counsel to defend the member
shall be defended by counsel, which may include the
13attorney general, appointed for that purpose by the governor upon the
14recommendation of the adjutant general. The adjutant general shall make the
15recommendation request to appoint defense counsel if the act performed by the
16member was in the line of duty.
The governor may appoint the attorney general to
17defend the member.
AB400,28,23
18(b) The costs and expenses of
any such the defense
under par. (a) shall be
19audited by the department of administration and
paid out of the state treasury and 20charged to the appropriation under s. 20.455 (1) (b)
and if. If the jury or court finds
21that the member
of the national guard against whom the action is brought acted
22within the scope of his or her employment as a member, the judgment as to damages
23entered against the member shall
also be paid by the state.
AB400, s. 45
24Section
45. 21.13 (2) of the statutes is renumbered 321.42 (2) and amended
25to read:
AB400,29,3
1321.42
(2) Any civil action or proceeding brought against a member
of a
2national guard or the state defense force under sub. (1)
(a) is subject to ss. 893.82 and
3895.46.
AB400, s. 46
4Section
46. 21.15 (title) of the statutes is repealed.
AB400, s. 47
5Section
47. 21.15 of the statutes is renumbered 321.21 (5) (a) and amended
6to read:
AB400,29,157
321.21
(5) (a) No person may retain at any time any
arms, equipment or 8military
stores of any kind belonging to the state or any federally owned property
9issued to the state property or money, unless the property
or money has been
lawfully 10issued to the person
pursuant to law and the proper authority permits the person to
11retain the property
or money in the discharge of a public duty. No person may use
12any public arms, equipment, clothing or military
stores belonging to the state, either
13as owner or bailee, property or money for the person's
unauthorized private use. Any
14person violating this
section paragraph shall forfeit not less than
$50 $100 nor more
15than
$200 $1,000.
AB400, s. 48
16Section
48. 21.155 (title) of the statutes is repealed.
AB400, s. 49
17Section
49. 21.155 of the statutes is renumbered 321.21 (5) (b) and amended
18to read:
AB400,29,2519
321.21
(5) (b)
No A person who possesses
under the laws of this state any arms,
20equipment or other military property
may willfully neglect or refuse or money, after
21the adjutant general makes lawful demand
is made for the return of the property
by
22order of the governor, to or money shall return the property
or money promptly. No
23person may knowingly resist any officer who is lawfully taking possession of
such
24arms, equipment or other the military property
or money. Any person violating this
25section paragraph shall forfeit not less than
$50 $100 nor more than
$200 $1,000.
AB400, s. 50
1Section
50. 21.17 of the statutes is renumbered 321.24, and 321.24 (1) and (2),
2as renumbered, are amended to read:
AB400,30,73
321.24
(1) The officer in charge of any area used or to be used for military
4purposes may
cause the area to be marked in such a manner so as mark the area to
5warn against encroachment by unauthorized persons, but
may not
to unnecessarily
6obstruct travel on any public highway. No person may encroach
upon or enter
upon 7the area without the consent of the officer.
AB400,30,10
8(2) No person may
intercept, molest, abuse or otherwise interfere with any
9member of the national guard or
any other military force organized under the laws
10of this state
defense force while the member is in the performance of military duty.
AB400, s. 51
11Section
51. 21.18 (title) and (1) (intro.) of the statutes are renumbered 321.10
12(title) and (1) (intro.).
AB400, s. 52
13Section
52. 21.18 (1) (a) to (c) of the statutes are renumbered 321.10 (1) (a) to
14(c).
AB400, s. 53
15Section
53. 21.18 (1) (d) of the statutes is renumbered 321.10 (1) (d) and
16amended to read:
AB400,30,1817
321.10
(1) (d) Two assistant adjutants general for army,
who may hold the 18whose rank
of may not exceed brigadier general.
AB400, s. 54
19Section
54. 21.18 (1) (e), (f), (g), (h), (i) and (j) of the statutes are renumbered
20321.10 (1) (f), (g), (h), (i), (j) and (k) and amended to read:
AB400,30,2221
321.10
(1) (f) An assistant adjutant general for air,
who may hold the whose 22rank
of may not exceed brigadier general.
AB400,30,2423
(g) A chief surgeon for army,
who whose rank may
be a not exceed major general
24officer.