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66. 21.19 (3) (b) of the statutes is repealed.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.
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.