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48. 21.155 (title) of the statutes is repealed.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.
AB400,31,2
1(h) A chief surgeon for air,
who whose rank may
be a not exceed major general
2officer.
AB400,31,43
(i) A staff judge advocate for army,
who whose rank may
be a not exceed major 4general
officer.
AB400,31,65
(j) A staff judge advocate for air,
who whose rank may
be a not exceed major 6general
officer.
AB400,31,87
(k) A state chaplain, either army or air,
who whose rank may
be a not exceed
8major general
officer.
AB400, s. 55
9Section
55. 21.18 (1) (k) of the statutes is renumbered 321.10 (1) (L).
AB400, s. 56
10Section
56. 21.18 (1m) of the statutes is renumbered 321.10 (3) and amended
11to read:
AB400,31,1712
321.10
(3) In the event
any of the
a deputy
adjutants adjutant general
, for army
13or for air
, are is appointed to a military position as a major general, the adjutant
14general shall appoint, for any periods of absence of that deputy adjutant general due
15to other military duties, an acting deputy adjutant general. The adjutant general
16may appoint one of the assistant adjutants general as an acting deputy adjutant
17general.
AB400, s. 57
18Section
57. 21.18 (2) of the statutes is renumbered 321.10 (4) and amended
19to read:
AB400,31,2120
321.10
(4) No person
shall may be appointed
on to the governor's
military staff
21who has not had previous
state or U.S. military experience.
AB400, s. 58
22Section
58. 21.18 (3) of the statutes is renumbered 321.10 (5) and amended
23to read:
AB400,32,424
321.10
(5) All staff officers appointed under sub. (1), except the adjutant
25general whose tenure is governed by ss. 15.31 and 17.07 (5), shall hold their positions
1unless until terminated
earlier by resignation, disability,
or death or for cause or
2unless federal recognition of the officer's commission under
32 USC 323 is refused
3or withdrawn. The governor shall remove an officer whose federal recognition is
4refused or withdrawn, effective on the date of the loss of federal recognition.
AB400, s. 59
5Section
59. 21.18 (4) of the statutes is renumbered 321.10 (6).
AB400, s. 60
6Section
60. 21.18 (5) of the statutes is renumbered 321.10 (7) and amended
7to read:
AB400,32,138
321.10
(7) The adjutant general shall appoint persons to fill vacancies in
9positions
in on the military staff of the governor
under sub. (1). Vacancies on the
10military staff of the governor shall be filled by appointment from officers actively
11serving in the national guard, except as provided in s. 15.31. Interim vacancies shall
12be filled by appointment by the adjutant general for the
residue remainder of the
13unexpired term.
AB400, s. 61
14Section
61. 21.19 (title) of the statutes is repealed.
AB400, s. 62
15Section
62. 21.19 (1) of the statutes is renumbered 321.04 (1) (a) and amended
16to read:
AB400,32,2517
321.04
(1) (a)
The adjutant general shall be Be the military chief of staff to the
18governor.
The adjutant general shall have the custody of all property, military
19records, correspondence and other documents relating to the national guard and any
20other military forces organized under the laws of this state. The adjutant general
21may appoint an assistant quartermaster general to issue and account for state
22property. The adjutant general shall be the medium of military correspondence with
23the governor and perform all other duties pertaining to the office or prescribed by
24law, including the preparation and submission to the governor of reports under s.
2515.04 (1) (d).
AB400, s. 63
1Section
63. 21.19 (1m) of the statutes is renumbered 321.04 (1) (i) and
2amended to read:
AB400,33,53
321.04
(1) (i)
The adjutant general shall administer Administer, with the
4approval of the governor, state-federal cooperative funding agreements
related to
5the department.
AB400, s. 64
6Section
64. 21.19 (2) of the statutes is renumbered 321.03 (2) (intro.) and
7amended to read:
AB400,33,98
321.03
(2) (intro.) The department
of military affairs on behalf of the state may
9rent do any of the following:
AB400,33,15
10(a) Enter into an agreement to rent to appropriate organizations or individuals
11state-owned lands, buildings, and facilities used by, acquired for, or erected for the
12national guard when not required for use by the national guard.
Such A rental
shall 13agreement under this paragraph is not
be effective unless in writing and approved
14in writing by the
governor and the adjutant general or
a his or her designee
in
15writing.
AB400, s. 65
16Section
65. 21.19 (3) (a) of the statutes is renumbered 321.03 (2) (b) and
17amended to read:
AB400,33,2318
321.03
(2) (b)
The department of military affairs on behalf of the state, upon 19Upon appraisal by the state chief engineer submitted to the governor in writing
, may 20sell and convey upon such terms as the department of military affairs may
21determine, and with
the written approval of the governor
in writing sell and convey,
22any state-owned property acquired or erected for state military purposes,
which if
23the property is no longer useful to the national guard.
AB400, s. 66
24Section
66. 21.19 (3) (b) of the statutes is repealed.
AB400, s. 67
1Section
67. 21.19 (4) of the statutes is renumbered 321.04 (1) (g) and amended
2to read:
AB400,34,93
321.04
(1) (g)
The adjutant general shall be the auditor of Audit all military
4accounts
, and all accounts or claims payable from the treasury of the state for
5military purposes
shall be regularly audited by the adjutant general before payment.
6The adjutant general shall cause to be prepared and issued all necessary books and
7forms required by the adjutant general's office for the national guard. All of the books
8and forms shall be made to conform as nearly as practicable to those in use in the
9United States army.
AB400, s. 68
10Section
68. 21.19 (5) of the statutes is renumbered 321.10 (2) and amended
11to read:
AB400,34,1412
321.10
(2) In the absence or incapacity of the adjutant general
, the senior
13ranking deputy adjutant general for army or air shall have all the powers and duties
14of the adjutant general.
AB400, s. 69
15Section
69. 21.19 (6) of the statutes is repealed.
AB400, s. 70
16Section
70. 21.19 (7) (a) (intro.) of the statutes is repealed.
AB400, s. 71
17Section
71. 21.19 (7) (a) 1. of the statutes is renumbered 321.04 (1) (f) and
18amended to read:
AB400,34,2119
321.04
(1) (f) Have
charge of control over all
the military property
of the state 20and
shall military records and carefully preserve, repair
, and account for the
military 21property
and records.
AB400, s. 72
22Section
72. 21.19 (7) (a) 2. of the statutes is renumbered 321.04 (1) (h) and
23amended to read:
AB400,35,3
1321.04
(1) (h) Keep
in such manner as the governor directs, and subject to the
2governor's inspection, an account of all moneys received and expended
by the
3department.
AB400, s. 73
4Section
73. 21.19 (7) (a) 3. of the statutes is renumbered 321.04 (1) (q) and
5amended to read:
AB400,35,86
321.04
(1) (q) Perform the customary duties of
the his or her office
, and of the
7office of chief of all logistical services, and have the custody of all records, returns and
8papers pertaining to those offices.
AB400, s. 74
9Section
74. 21.19 (7) (b) of the statutes is renumbered 321.04 (1) (k) and
10amended to read:
AB400,35,1411
321.04
(1) (k)
The Transport or contract for the transportation of
all troops,
12arms, accoutrements, stores national guard members and
other military property
13and the preparation for encampments shall be contracted for by the adjutant general
14under direction of the governor.
AB400, s. 75
15Section
75. 21.19 (8) of the statutes is renumbered 321.04 (1) (L) and amended
16to read:
AB400,35,2017
321.04
(1) (L)
The adjutant general or a designee shall issue Provide or contract
18for the provision of all necessary
supplies to
military property, lodging, and meals for 19members and units of the national guard
and may contract for the purchase and
20transportation of such supplies, subject to s. 16.71 (1).
AB400, s. 76
21Section
76. 21.19 (9) of the statutes is renumbered 321.04 (2) (c) and amended
22to read:
AB400,36,223
321.04
(2) (c) When any military property
belonging to the state as owner or
24bailee is wrongfully held by another person,
the adjutant general may bring an action
1in the name of the state to recover possession of the
same property or the money value
2thereof of the property.
AB400, s. 77
3Section
77. 21.19 (10) of the statutes is renumbered 321.04 (2) (d) and
4amended to read:
AB400,36,85
321.04
(2) (d)
The adjutant general may, upon Upon receipt of
a meritorious
6requests request for
a state
service flags for public use flag and within the limits of
7the appropriation
made under s. 20.465 (1) (e), furnish
such flags a flag without
8charge to the
persons or organizations requesting them
person who requested it.
AB400, s. 78
9Section
78. 21.19 (11) of the statutes is renumbered 321.04 (1) (d) and
10amended to read:
AB400,36,1411
321.04
(1) (d)
The adjutant general shall provide such Provide necessary 12medical supplies and services
as are necessary to the national guard during periods
13of state active duty not otherwise provided under this chapter and ch. 102, to be
14charged to the appropriation under s. 20.465 (1) (c).
AB400, s. 79
15Section
79. 21.19 (12) of the statutes is renumbered 321.04 (1) (e) and
16amended to read:
AB400,36,2017
321.04
(1) (e)
The adjutant general shall provide from the appropriation under
18s. 20.465 (1) (c) Provide a United States flag
or state flag to the next of kin of each
19deceased member of the national guard who dies
as a result of during state
service
20under s. 21.11 active duty, to be charged to the appropriation under s. 20.465 (1) (c).
AB400, s. 80
21Section
80. 21.19 (13) of the statutes is renumbered 321.04 (1) (n) and
22amended to read:
AB400,37,323
321.04
(1) (n)
The adjutant general shall cooperate Cooperate with the federal
24government in the operation and maintenance of distance learning centers for the
25use of current and former members of the national guard and the U.S. armed forces.
1The adjutant general may charge rent for the use of a center by a nonmilitary or
2nonfederal person. All moneys received under this
subsection paragraph shall be
3credited to the appropriation account under s. 20.465 (1) (i).
AB400, s. 81
4Section
81. 21.19 (14) of the statutes is renumbered 321.04 (1) (o) and
5amended to read:
AB400,37,86
321.04
(1) (o)
The adjutant general shall provide Provide the department of
7veterans affairs information on all necessary military points of contact and general
8deployment information for activated and deployed members of the national guard.
AB400, s. 82
9Section
82. 21.20 of the statutes is repealed.
AB400, s. 83
10Section
83. 21.21 of the statutes is repealed.
AB400, s. 84
11Section
84. 21.25 of the statutes is repealed.
AB400, s. 85
12Section
85. 21.26 (title) of the statutes is repealed.
AB400, s. 86
13Section
86. 21.26 (1) and (2) (intro.) of the statutes are consolidated,
14renumbered 321.03 (1) (c) (intro.) and amended to read:
AB400,37,1915
321.03
(1) (c) (intro.)
The department of military affairs shall administer 16Administer the
Youth Challenge
Academy program for disadvantaged youth under
1732 USC 509.
(2) The department shall determine eligibility criteria for the
18Challenge Academy consistent with federal law. Annually, the department
of
19military affairs shall do all of the following:
AB400, s. 87
20Section
87. 21.26 (2) (a) of the statutes is renumbered 321.03 (1) (c) 1. and
21amended to read:
AB400,37,2422
321.03
(1) (c) 1. Calculate
40% the state share of the average cost per pupil
23attending the
Youth Challenge
Academy program and report this information to the
24department of public instruction.
AB400, s. 88
25Section
88. 21.26 (2) (b) of the statutes is renumbered 321.03 (1) (c) 2.
AB400, s. 89
1Section
89. 21.28 (title) of the statutes is renumbered 321.11 (title).
AB400, s. 90
2Section
90. 21.28 (1), (2) and (3) of the statutes are renumbered 321.11 (1), (2)
3and (3) and amended to read:
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.