2007 WISCONSIN ACT 200
An Act to repeal 20.465 (4) (b), 20.465 (4) (g), 20.465 (4) (k), chapter 21 (title), 21.025 (2) (b), 21.025 (5) (c), 21.025 (7), 21.025 (13), 21.15 (title), 21.155 (title), 21.19 (title), 21.19 (3) (b), 21.19 (6), 21.19 (7) (a) (intro.), 21.20, 21.21, 21.25, 21.26 (title), 21.32 (title), 21.33 (title), 21.36 (title), 21.37, 21.42, 21.49 (1) (ae), 21.50 (3) and (4), 21.56 (title), 21.57 (title), 21.59, 21.60, 21.61 (title), 21.612, 21.616 (title), 21.62, 21.63, 21.70 (title), 21.75 (1) (a), 21.75 (1) (c), 21.78 (5), 21.80 (1) (f) and 21.80 (8); to renumber 21.015 (1), 21.015 (3), 21.025 (title), 21.025 (2) (title), 21.025 (5) (title), 21.025 (11m) (title), 21.13 (title), 21.18 (title) and (1) (intro.), 21.18 (1) (a), 21.18 (1) (k), 21.18 (4), 21.26 (2) (b), 21.28 (title), 21.49 (title) and (1) (intro.), 21.49 (1) (am) and (ar), 21.49 (1) (b) (intro.), 21.49 (1) (b) 1., 1g. and 1m., 21.49 (1) (b) 3., 21.49 (2) (intro.), (a), (b) and (e), 21.50 (title), 21.51, 21.74 (8), 21.75 (1) (intro.), 21.75 (4), 21.75 (17), 21.75 (19), 21.80 (title) and (1) (intro.), 21.80 (1) (b) to (e), 21.80 (1) (g) and 21.80 (7); to renumber and amend 21.01, 21.015 (title), 21.015 (intro.), 21.015 (2), 21.025 (1), (2) (a), (c) and (d), (3), (4), (6), (8), (9), (10) and (11n), 21.025 (5) (a) and (b), 21.03, 21.04, 21.05, 21.06, 21.07, 21.09, 21.11 (title), 21.11 (1), 21.11 (2), 21.11 (3), 21.12, 21.13 (1), 21.13 (2), 21.15, 21.155, 21.17, 21.18 (1) (b), 21.18 (1) (c), 21.18 (1) (d), 21.18 (1) (e), (f), (g), (h), (i) and (j), 21.18 (1m), 21.18 (2), 21.18 (3), 21.18 (5), 21.19 (1), 21.19 (1m), 21.19 (2), 21.19 (3) (a), 21.19 (4), 21.19 (5), 21.19 (7) (a) 1., 21.19 (7) (a) 2., 21.19 (7) (a) 3., 21.19 (7) (b), 21.19 (8), 21.19 (9), 21.19 (10), 21.19 (11), 21.19 (12), 21.19 (13), 21.19 (14), 21.19 (15), 21.26 (2) (a), 21.28 (1), (2) and (3), 21.30 (title), 21.30, 21.32, 21.33, 21.35, 21.36 (1), 21.36 (2), 21.38, 21.43, 21.47, 21.48, 21.49 (1) (b) 2., 21.49 (1) (c), 21.49 (2) (d), 21.49 (2) (f), 21.49 (3), 21.49 (3m) and (4), 21.50 (1) and (2), 21.52, 21.54, 21.56 (1) and (2), 21.57 (1) and (2), 21.61 (1), (3), (4) and (5), 21.616, 21.70 (1) and (2), 21.72, 21.74 (title), 21.74 (1), 21.74 (2), (3), (4), (5), (6) and (7), 21.74 (9), 21.75 (title), 21.75 (1) (b), (cm) and (d), 21.75 (2), 21.75 (3), 21.75 (5), 21.75 (6) and (7), 21.75 (8), 21.75 (9) and (10), 21.75 (11), 21.75 (12), 21.75 (13), 21.75 (14), 21.75 (15), 21.75 (16), 21.75 (18), 21.75 (20), 21.75 (21), 21.75 (22), 21.75 (23), 21.78 (title), (1), (2), (3) and (4), 21.79, 21.80 (1) (a), 21.80 (2), 21.80 (3), 21.80 (4), 21.80 (5) and 21.80 (6); to consolidate, renumber and amend 21.025 (11m) (a) and (b) and 21.26 (1) and (2) (intro.); to amend 15.04 (2), 17.29, 20.455 (1) (b), 20.465 (1) (e), 20.465 (1) (g), 20.465 (1) (i), 20.465 (2) (a), 20.465 (4) (ka), 20.865 (1) (a), 20.865 (1) (g), 20.865 (1) (q), 40.05 (4g) (a) 4., 45.03 (13) (e), 45.20 (2) (d) 3., 45.60 (1) (b), 71.93 (1) (a) 6., 106.54 (7), 121.05 (1) (a) 13., 121.095 (title), 121.095 (1) (a), 121.095 (1) (b) 1., 121.90 (1) (intro.), 230.04 (17), 230.315 (1) (c) and 230.32 (7); to create 302.31 (1m), chapter 321 (title), subchapter I (title) of chapter 321 [precedes 321.01], 321.01, 321.02 (title), 321.04 (title) and (1) (intro.), 321.04 (1) (b), 321.04 (1) (j), 321.04 (1) (m), 321.04 (1) (p), 321.04 (2) (intro.), 321.04 (2) (f), subchapter II (title) of chapter 321 [precedes 321.10], 321.10 (1) (e), subchapter III (title) of chapter 321 [precedes 321.20], 321.21 (1), 321.23 (title), subchapter IV (title) of chapter 321 [precedes 321.30], 321.39 (1) (a) (intro.), 321.39 (1) (a) 3., 321.40 (2) (f), 321.40 (6) (d), 321.51 (2) (b), 321.51 (2) (e), subchapter V (title) of chapter 321 [precedes 321.60] and chapter 322 of the statutes; and to affect Laws of 1969, chapter 20, section 10; relating to: powers and duties of the Department of Military Affairs, the adjutant general, military officers, military property and assets, the national guard, the state defense force, rights of service personnel, the Wisconsin code of military justice, making an appropriation, and providing a penalty.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
200,1
Section
1. 15.04 (2) of the statutes is amended to read:
15.04 (2) Deputy. Each secretary of a department or head of an independent agency under s. 230.08 (2) (L) may appoint a deputy who shall serve at the pleasure of the secretary or agency head outside the classified service. The deputy shall exercise the powers, duties and functions of the secretary or head in the absence of the secretary or head, and shall perform such other duties as the secretary or head prescribes. The adjutant general may appoint 2 deputies as provided described in s. 21.18 (1) 321.10 (1) (b) and (c). In this subsection "secretary" includes the attorney general and the state superintendent of public instruction.
200,2
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2. 17.29 of the statutes is amended to read:
17.29 Effect of chapter. The provisions of this chapter supersede all contrary provisions in either the general law or in special acts, except ss. 6.26 (2) (b), 6.28 (2) (b), 6.55 (6), 6.875, and 7.30 relating to appointed election officials and ch. 21 ch. 321 relating to the military staff of the governor and to officers of the Wisconsin national guard or state defense force; and shall govern all offices whether created by general law or special act, unless otherwise specially provided.
200,3
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3. 20.455 (1) (b) of the statutes is amended to read:
20.455 (1) (b) Special counsel. A sum sufficient, subject to the procedure established in s. 14.11 (2) (c), for the compensation of special counsel appointed as provided in ss. 14.11 (2) and 21.13 321.42.
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4. 20.465 (1) (e) of the statutes is amended to read:
20.465 (1) (e) State service flags. The amounts in the schedule for the purchase of state service flags pursuant to s. 21.19 (10) 321.04 (2) (d).
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5. 20.465 (1) (g) of the statutes is amended to read:
20.465 (1) (g) Military property. The amounts in the schedule for rent of state-owned military lands or buildings used by, acquired for or erected for the Wisconsin national guard under s. 21.19 (2) 321.03 (2) (a), for rental of buildings and grounds maintenance equipment owned by the state and required to properly maintain properties supported by state-federal cooperative funding agreements, for the repair and maintenance of state-owned military lands or buildings, for the payment of municipal assessments related to state-owned military property and for the purchase and construction of new military property, real and personal. All moneys received on account of lost military property, from the sale of obsolete or unserviceable military property, from the sale of any state-owned military property, real and personal, under s. 21.19 (3) 321.03 (2) (b), from the rental of state-owned housing, or from the provision of housing-related services to military personnel shall be credited to this appropriation.
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6. 20.465 (1) (i) of the statutes is amended to read:
20.465 (1) (i) Distance learning centers. All moneys received from renting the distance learning centers, for the operation and maintenance of the centers under s. 21.19 (13) 321.04 (1) (n).
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7. 20.465 (2) (a) of the statutes is amended to read:
20.465 (2) (a) Tuition grants. A sum sufficient for the payment of tuition grants to members of the Wisconsin national guard under s. 21.49 (3) 321.40 (4).
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8. 20.465 (4) (b) of the statutes is repealed.
200,9
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9. 20.465 (4) (g) of the statutes is repealed.
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10. 20.465 (4) (k) of the statutes is repealed.
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11. 20.465 (4) (ka) of the statutes is amended to read:
20.465 (4) (ka) Youth Challenge Academy program; public instruction funds. All moneys received from the department of public instruction under s. 121.095, for the operation of the Youth Challenge Academy program under s. 21.26 321.03 (1) (c).
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12. 20.865 (1) (a) of the statutes is amended to read:
20.865 (1) (a) Judgments and legal expenses. A sum sufficient to pay for legal expenses under s. 59.32 (3), for costs under ss. 227.485 and 814.245 and for the costs of judgments, orders and settlements of actions, appeals and complaints under subch. II of ch. 111 or subch. II or III of ch. 230, and those judgments, awards, orders and settlements under ss. 21.13, 165.25 (6), 321.42, 775.04 and 895.46 that are not otherwise reimbursable as liability costs under par. (fm). Release of moneys under this paragraph pursuant to any settlement agreement, whether or not incorporated into an order, is subject to approval of the attorney general.
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13. 20.865 (1) (g) of the statutes is amended to read:
20.865 (1) (g) Judgments and legal expenses; program revenues. From the appropriate program revenue and program revenue-service accounts, a sum sufficient to pay for legal expenses under s. 59.32 (3), for costs under ss. 227.485 and 814.245 and for the cost of judgments, orders and settlements of actions, appeals and complaints under subch. II of ch. 111 or subch. II or III of ch. 230, and those judgments, awards, orders and settlements under ss. 21.13, 165.25 (6), 321.42, 775.04 and 895.46 that are not otherwise reimbursable as liability costs under par. (fm). Release of moneys under this paragraph pursuant to any settlement agreement, whether or not incorporated into an order, is subject to approval of the attorney general.
200,14
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14. 20.865 (1) (q) of the statutes is amended to read:
20.865 (1) (q) Judgments and legal expenses; segregated revenues. From the appropriate segregated funds, a sum sufficient to pay for legal expenses under s. 59.32 (3), for costs under ss. 227.485 and 814.245 and for the cost of judgments, orders and settlements of actions, appeals and complaints under subch. II of ch. 111 or subch. II or III of ch. 230, and those judgments, awards, orders and settlements under ss. 21.13, 165.25 (6), 321.42, 775.04 and 895.46 that are not otherwise reimbursable as liability costs under par. (fm). Release of moneys under this paragraph pursuant to any settlement agreement, whether or not incorporated into an order, is subject to approval of the attorney general.
200,15
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15. Chapter 21 (title) of the statutes is repealed.
200,16
Section
16. 21.01 of the statutes is renumbered 321.30 and amended to read:
321.30 Composition of national guard.
(1) The organized militia of this state shall be known as the "Wisconsin national guard" and shall consist of members appointed commissioned or enlisted
therein in accordance with federal law or regulations governing or pertaining to the national guard.
(2) The Wisconsin national guard shall be organized into consist of the army national guard and the air national guard units, and "national guard" when used in this chapter, unless the context otherwise requires, means both the Wisconsin army national guard and the Wisconsin air national guard.
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17. 21.015 (title) of the statutes is renumbered 321.03 (title) and amended to read:
321.03 (title) Department
Powers and duties of the department.
200,18
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18. 21.015 (intro.) of the statutes is renumbered 321.03 (1) (intro.) and amended to read:
321.03 (1) (intro.) The department of military affairs shall do all of the following:
200,19
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19. 21.015 (1) of the statutes is renumbered 321.03 (1) (a).
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20. 21.015 (2) of the statutes is renumbered 321.03 (1) (b) and amended to read:
321.03 (1) (b) Provide facilities and support for the national guard and any other support available from the appropriations under s. 20.465.
200,20m
Section 20m. 21.015 (3) of the statutes, as created by 2007 Wisconsin Act .... (Assembly Bill 370), is renumbered 321.03 (1) (d).
200,21
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21. 21.025 (title) of the statutes is renumbered 321.51 (title).
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22. 21.025 (1), (2) (a), (c) and (d), (3), (4), (6), (8), (9), (10) and (11n) of the statutes are renumbered 321.51 (1), (2) (a), (c) and (d), (3), (4), (5), (6), (7), (8) and (10) and amended to read:
321.51 (1) Authority and name. The adjutant general may establish a plan for organizing a military force to be known as the Wisconsin state defense force.
"state defense force." The governor, or adjutant general
if designated by the governor, may organize the Wisconsin state defense force under the plan, which may include an aviation unit, if all or part of the national guard is called into the service of the United States. It federal active duty. The state defense force shall be a uniformed force distinct from the national guard, uniformed, and composed of officers, commissioned or assigned, officers and of enlisted personnel who volunteer for service.
Membership in the Wisconsin state defense force may not include any A person who is on active duty in the active military U.S. armed forces, including the active reserve components, may not serve in the state defense force. Persons A person in the retired
or inactive reserve may serve in the Wisconsin state defense force.
(2) (a) The governor or adjutant general, if designated by the governor, may prescribe rules and regulations not inconsistent, instructions, and policies consistent with this section governing the enlistment, organization, administration, equipment, uniforms, maintenance, training, and discipline of such forces, except that such rules and regulations, insofar as the state defense force. The regulations, instructions, and policies, to the extent the governor deems practicable and desirable considers necessary, shall conform to existing law governing and pertaining to the national guard
and the rules and regulations promulgated thereunder and. The regulations, instructions, and policies shall prohibit the acceptance of a member of the state defense force from accepting any gifts, donations, gratuities, or anything other things of value by such forces or by any member of such forces from any person by reason of such membership given to the member because he or she is a member of the state defense force other than wages and benefits paid by the state.
(c) Officers and enlistees, while on state active duty under orders of the governor, in the state defense force shall receive the base pay and allowances of the identical grade in the United States U.S. army.
(d) The adjutant general may organize a cadre force recruitment and training unit of not more than 12
personnel persons at each state-owned
state armory. Each cadre force shall The unit shall establish recruitment lists of persons interested in becoming members of the state defense force, which may be used to recruit full units for the state defense force in case the national guard is mobilized for active federal duty, and train the persons recruited.
(3) Requisitions; armories; other buildings. For the use of such forces, the The governor or adjutant general, if designated by the governor, may requisition military property from the federal government such arms and equipment as may be available, and the for the use of the state defense force. The governor or adjutant general, if designated by the governor, may make available to the state defense force the facilities of state armories and their equipment and such military property and other state premises and property as may be available and may, through the. The department of military affairs, may rent or lease buildings or parts of buildings and grounds for armory purposes or continue in possession of such
those premises leased by the department of military affairs for the use of the national guard, paying rental therefor out of funds appropriated rent from the appropriation under s. 20.465 (1) (a). All leases so made shall made under this subsection terminate upon dissolution of the Wisconsin state defense force regardless of the term provided therein in the lease, unless the premises shall be are needed for national guard purposes, in which case the
. The lease for the premises needed for the national guard may be assigned by the department of military affairs to the national guard organization intending that intends to occupy the premises.
(4) Use without outside this state. Such forces shall The state defense force may not be required to serve outside the boundaries of this state except unless one of the following applies:
(a) Upon the request of the governor of another state, the governor of this state may order any portion or
orders all or part of such forces the state defense force to assist the a military unit or police forces of such law enforcement agency of the other state who are actually engaged in defending such other state. Such forces may be recalled by the. The governor at the governor's discretion may recall the state defense force from the other state at any time.
(b) Any organization, unit, or detachment of such forces, upon Upon order of the officer in immediate command thereof, may continue, the state defense force continues in fresh pursuit of insurrectionists, saboteurs, enemies terrorists, or enemy forces beyond the borders of this state into another state until they are apprehended or captured by such organization, unit, or detachment or until the a military unit or police forces law enforcement agency of the other state or the forces of the United States have had a reasonable opportunity to take up the pursuit or to apprehend or capture such
those persons, provided such. Any pursuit under this subsection may only take place if the other state shall have given gives authority by law for such the pursuit by such forces of this state. Any such person who shall be apprehended or is captured in such the other state by an organization, unit, or detachment of the forces of this the state defense force shall without unnecessary delay be surrendered to the a military unit or police forces law enforcement agency of the state in which the person is taken captured or to the United States, but such. The surrender
of the person captured shall not constitute a waiver by this state of its the right to extradite or prosecute such the person for any crime committed in this state.
(5) Federal service active duty. Nothing in this section shall be construed as authorizing such forces, or any part thereof to be called, ordered, or in any manner No unit of the state defense force may be drafted, as such, into the U.S. military service of the United States, but no. No person shall by reason of enlistment or commission in any such forces membership in the state defense force be exempted from military service under any law of the United States federal active duty.
(6) Disqualifications. No person
shall be commissioned or enlisted in such forces who is not a citizen of the United States or who has been expelled or dishonorably discharged from any military or naval organization, of this state, or of another state, or of the United States may be a member of the state defense force.
(7) Oath of officers. The oath to be taken by officers commissioned or enlistees in
such forces the state defense force shall be substantially in the form prescribed for officers of the national guard. The oath shall be filed in the same manner as in the national guard.
(8) Enlistees. No person shall may be enlisted in the state defense force for more than one year, but such enlistment may be renewed. The oath to be taken upon enlistment in such forces shall be substantially in the form prescribed for enlistees of the national guard.
(10) Labor disputes. The state defense force shall may not be used to interfere with the orderly process of a labor dispute.
200,23
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23. 21.025 (2) (title) of the statutes is renumbered 321.51 (2) (title).
200,24
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24. 21.025 (2) (b) of the statutes is repealed.
200,25
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25. 21.025 (5) (title) of the statutes is renumbered 321.05 (title).
200,26
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26. 21.025 (5) (a) and (b) of the statutes are renumbered 321.05 (1) and (2) and amended to read:
321.05 (1) Any military forces or organization, unit, or detachment thereof, of another state who are
that is in fresh pursuit of insurrectionists, saboteurs, enemies
terrorists, or enemy forces may continue such the pursuit into this state until the a military
unit or police forces law enforcement agency of this state or the forces of the United States have U.S. military has had a reasonable opportunity to take up the pursuit or to apprehend or capture such persons, and such the persons. The military forces of such unit of the other state may arrest or capture such those persons within in this state while in fresh pursuit.
(2) Any such person who shall be is captured or arrested by the military forces of such other unit of another state while in this state shall without unnecessary delay be surrendered to the a military unit or police forces law enforcement agency of this state to be dealt with according to law.
200,27
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27. 21.025 (5) (c) of the statutes is repealed.
200,28
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28. 21.025 (7) of the statutes is repealed.
200,29
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29. 21.025 (11m) (title) of the statutes is renumbered 321.51 (9) (title).
200,30
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30. 21.025 (11m) (a) and (b) of the statutes are consolidated, renumbered 321.51 (9) and amended to read:
