AB400: Bill Text

AB400, s. 56 Section 56. 21.18 (1m) of the statutes is renumbered 321.10 (3) and amended to read:

AB400,31,17 321.10 (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.

AB400, s. 57 Section 57. 21.18 (2) of the statutes is renumbered 321.10 (4) and amended to read:

AB400,31,21 321.10 (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.

AB400, s. 58 Section 58. 21.18 (3) of the statutes is renumbered 321.10 (5) and amended to read:

AB400,32,4 321.10 (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or death or for cause or unless federal recognition of the officer's commission under 32 USC 323 is refused or withdrawn. The governor shall remove an officer whose federal recognition is refused or withdrawn, effective on the date of the loss of federal recognition.

AB400, s. 59 Section 59. 21.18 (4) of the statutes is renumbered 321.10 (6).

AB400, s. 60 Section 60. 21.18 (5) of the statutes is renumbered 321.10 (7) and amended to read:

AB400,32,13 321.10 (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.

AB400, s. 61 Section 61. 21.19 (title) of the statutes is repealed.

AB400, s. 62 Section 62. 21.19 (1) of the statutes is renumbered 321.04 (1) (a) and amended to read:

AB400,32,25 321.04 (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).

AB400, s. 63 Section 63. 21.19 (1m) of the statutes is renumbered 321.04 (1) (i) and amended to read:

AB400,33,5 321.04 (1) (i) The adjutant general shall administer Administer, with the approval of the governor, state-federal cooperative funding agreements related to the department.

AB400, s. 64 Section 64. 21.19 (2) of the statutes is renumbered 321.03 (2) (intro.) and amended to read:

AB400,33,9 321.03 (2) (intro.) The department of military affairs on behalf of the state may rent do any of the following:

AB400,33,15 (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.

AB400, s. 65 Section 65. 21.19 (3) (a) of the statutes is renumbered 321.03 (2) (b) and amended to read:

AB400,33,23 321.03 (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.

AB400, s. 66 Section 66. 21.19 (3) (b) of the statutes is repealed.

AB400, s. 67 Section 67. 21.19 (4) of the statutes is renumbered 321.04 (1) (g) and amended to read:

AB400,34,9 321.04 (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.

AB400, s. 68 Section 68. 21.19 (5) of the statutes is renumbered 321.10 (2) and amended to read:

AB400,34,14 321.10 (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.

AB400, s. 69 Section 69. 21.19 (6) of the statutes is repealed.

AB400, s. 70 Section 70. 21.19 (7) (a) (intro.) of the statutes is repealed.

AB400, s. 71 Section 71. 21.19 (7) (a) 1. of the statutes is renumbered 321.04 (1) (f) and amended to read:

AB400,34,21 321.04 (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.

AB400, s. 72 Section 72. 21.19 (7) (a) 2. of the statutes is renumbered 321.04 (1) (h) and amended to read:

AB400,35,3 321.04 (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.

AB400, s. 73 Section 73. 21.19 (7) (a) 3. of the statutes is renumbered 321.04 (1) (q) and amended to read:

AB400,35,8 321.04 (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.

AB400, s. 74 Section 74. 21.19 (7) (b) of the statutes is renumbered 321.04 (1) (k) and amended to read:

AB400,35,14 321.04 (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.

AB400, s. 75 Section 75. 21.19 (8) of the statutes is renumbered 321.04 (1) (L) and amended to read:

AB400,35,20 321.04 (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).

AB400, s. 76 Section 76. 21.19 (9) of the statutes is renumbered 321.04 (2) (c) and amended to read:

AB400,36,2 321.04 (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.

AB400, s. 77 Section 77. 21.19 (10) of the statutes is renumbered 321.04 (2) (d) and amended to read:

AB400,36,8 321.04 (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.

AB400, s. 78 Section 78. 21.19 (11) of the statutes is renumbered 321.04 (1) (d) and amended to read:

AB400,36,14 321.04 (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).

AB400, s. 79 Section 79. 21.19 (12) of the statutes is renumbered 321.04 (1) (e) and amended to read:

AB400,36,20 321.04 (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).

AB400, s. 80 Section 80. 21.19 (13) of the statutes is renumbered 321.04 (1) (n) and amended to read:

AB400,37,3 321.04 (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).

AB400, s. 81 Section 81. 21.19 (14) of the statutes is renumbered 321.04 (1) (o) and amended to read:

AB400,37,8 321.04 (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.

AB400, s. 82 Section 82. 21.20 of the statutes is repealed.

AB400, s. 83 Section 83. 21.21 of the statutes is repealed.

AB400, s. 84 Section 84. 21.25 of the statutes is repealed.

AB400, s. 85 Section 85. 21.26 (title) of the statutes is repealed.

AB400, s. 86 Section 86. 21.26 (1) and (2) (intro.) of the statutes are consolidated, renumbered 321.03 (1) (c) (intro.) and amended to read:

AB400,37,19 321.03 (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:

AB400, s. 87 Section 87. 21.26 (2) (a) of the statutes is renumbered 321.03 (1) (c) 1. and amended to read:

AB400,37,24 321.03 (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.

AB400, s. 88 Section 88. 21.26 (2) (b) of the statutes is renumbered 321.03 (1) (c) 2.

AB400, s. 89 Section 89. 21.28 (title) of the statutes is renumbered 321.11 (title).

AB400, s. 90 Section 90. 21.28 (1), (2) and (3) of the statutes are renumbered 321.11 (1), (2) and (3) and amended to read:

AB400,38,10 321.11 (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.

AB400,38,16 (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.

AB400,38,22 (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.

AB400, s. 91 Section 91. 21.30 (title) of the statutes is renumbered 321.12 (title) and amended to read:

AB400,38,25 321.12 (title) Chief surgeons; powers and duties.

AB400, s. 92 Section 92. 21.30 of the statutes is renumbered 321.12 (1) and amended to read:

AB400,39,10 321.12 (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.

AB400, s. 93 Section 93. 21.32 (title) of the statutes is repealed.

AB400, s. 94 Section 94. 21.32 of the statutes is renumbered 321.12 (2) and amended to read:

AB400,39,17 321.12 (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.

AB400, s. 95 Section 95. 21.33 (title) of the statutes is repealed.

AB400, s. 96 Section 96. 21.33 of the statutes is renumbered 321.04 (1) (c) and amended to read:

AB400,40,2 321.04 (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.

AB400, s. 97 Section 97. 21.35 of the statutes is renumbered 321.37 and amended to read:

AB400,40,17 321.37 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.

AB400, s. 98 Section 98. 21.36 (title) of the statutes is repealed.

AB400, s. 99 Section 99. 21.36 (1) of the statutes is renumbered 321.36 and amended to read:

AB400,41,5 321.36 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.

AB400, s. 100 Section 100. 21.36 (2) of the statutes is renumbered 321.04 (2) (a) and amended to read:

AB400,41,13 321.04 (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.

AB400,41,16 (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.

AB400, s. 101 Section 101. 21.37 of the statutes is repealed.

AB400, s. 102 Section 102. 21.38 of the statutes is renumbered 321.31 and amended to read:

AB400,41,21 321.31 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.

AB400, s. 103 Section 103. 21.42 of the statutes is repealed.

AB400, s. 104 Section 104. 21.43 of the statutes is renumbered 321.33 and amended to read:

AB400,42,11 321.33 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.

AB400, s. 105 Section 105. 21.47 of the statutes is renumbered 321.34 and amended to read:

AB400,42,23 321.34 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.

AB400, s. 106 Section 106. 21.48 of the statutes is renumbered 321.35 and amended to read: