2007 Wisconsin Act 200

321.03 (title) Department Powers and duties of the department.

200,18 Section 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 Section 19. 21.015 (1) of the statutes is renumbered 321.03 (1) (a).

200,20 Section 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 Section 21. 21.025 (title) of the statutes is renumbered 321.51 (title).

200,22 Section 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 Section 23. 21.025 (2) (title) of the statutes is renumbered 321.51 (2) (title).

200,24 Section 24. 21.025 (2) (b) of the statutes is repealed.

200,25 Section 25. 21.025 (5) (title) of the statutes is renumbered 321.05 (title).

200,26 Section 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 Section 27. 21.025 (5) (c) of the statutes is repealed.

200,28 Section 28. 21.025 (7) of the statutes is repealed.

200,29 Section 29. 21.025 (11m) (title) of the statutes is renumbered 321.51 (9) (title).

200,30 Section 30. 21.025 (11m) (a) and (b) of the statutes are consolidated, renumbered 321.51 (9) and amended to read:

321.51 (9) Officers and enlistees of the "Wisconsin State Defense Force" state defense force who have served honorably therein for a period of at least one year and are active members of their respective units at the time of its demobilization shall may, upon application to the unit commander, be permitted to retain the items of their uniform prescribed by the governor by rule. (b) The. If retained, the uniform prescribed under par. (a) may be worn only on occasions of ceremony. "Occasions of ceremony" means occasions essentially of a military character at which the uniform is more appropriate than civilian clothing, such as memorial services, military weddings, military funerals, military balls, military parades, military reunions, and meetings or functions of associations formed for military purposes, the membership of which is composed largely or entirely of honorably discharged veterans of the services members of the U.S. military, national guard, and state defense force.

200,31 Section 31. 21.025 (13) of the statutes is repealed.

200,32 Section 32. 21.03 of the statutes is renumbered 321.20 and amended to read:

321.20 Distribution of arms military property. The governor may receive and distribute, according to law, the quota of arms and military equipment which property that the state may receive receives from the U.S. government of the United States under the provisions of any acts of congress federal laws providing for arming and equipping of the national guard and the state defense force.

200,33 Section 33. 21.04 of the statutes is renumbered 321.22 and amended to read:

321.22 Camp Williams. (1) The state camp grounds facility near Camp Douglas, Juneau County, shall be known as "Camp Williams". The officer in charge of Camp Williams shall have at said camp the police powers possessed by officials at state hospitals, as provided in s. 46.058 (2) may arrest a person for a violation that occurs at Camp Williams of a state law, local ordinance, or provision of the Wisconsin code of military justice.

(2) The adjutant general may grant to the federal government the right to use any area of Camp Williams upon such conditions as that the adjutant general deems advisable.

(3) In memory of 1st lieutenant Jerome A. Volk, the first Wisconsin air national guard pilot killed in combat during the Korean conflict, so much of Camp Williams as is under lease to the federal government for use of the air national guard shall be known as "Volk Field" during the time the property remains under lease to the U.S. government of the United States.

200,34 Section 34. 21.05 of the statutes is renumbered 321.32 and amended to read:

321.32 Term of enlistment; requirements and discharge. Every person who enlists or receives a commission in the national guard shall serve for the term prescribed and satisfy the physical, educational and training requirements prescribed by the U.S. national guard bureau. Enlistees in the national guard shall be discharged as provided in the laws and regulations of the U.S. national guard bureau.

200,35 Section 35. 21.06 of the statutes is renumbered 321.44 and amended to read:

321.44 Exemptions from certain county duties. Every member of the national guard or state military forces shall be defense force is exempt from service on any body of county residents summoned by the sheriff to assist in preserving the peace.

200,36 Section 36. 21.07 of the statutes is renumbered 321.38 and amended to read:

321.38 Decorations and awards. The adjutant general may prescribe decorations and awards for the national guard and the state defense force, the. The adjutant general shall adopt policies establishing the form and issue thereof made under rules adopted by the adjutant general and approved by the governor issuance of those decorations and awards.

200,37 Section 37. 21.09 of the statutes is renumbered 321.41 and amended to read:

321.41 Training; special schools; pay and allowances. The governor or adjutant general may order the national guard or state defense force to assemble for training at any military establishment within or without the state specified and approved by the department of defense and fix the dates and places thereof, and the of that training. The governor or adjutant general may order members of the national guard or state defense force, at their option, to attend such special schools for military training as may be that are authorized by the state or federal government. For such training and attendance at special schools, members The governor or adjutant general shall determine the amount that the members of the national guard or state defense force shall receive such as pay and allowances as the federal government or the governor may authorize for the training.

200,38 Section 38. 21.11 (title) of the statutes is renumbered 321.39 (title) and amended to read:

321.39 (title) Call to state active service duty.

200,39 Section 39. 21.11 (1) of the statutes is renumbered 321.39 (1) (a) 1. and amended to read:

321.39 (1) (a) 1. In case of war, insurrection, rebellion, riot, invasion, terrorism, or resistance to the execution of the laws of this state or of the United States; in.

2. In the event of public disaster resulting from flood, conflagration or fire, tornado; in, or other natural disaster.

4. In order to assess damage or potential damage and to recommend responsive action as a result of natural or man-made events; or upon an event listed in subds. 1. to 3.

5. Upon application of any marshal of the United States, the president of any village, the mayor of any city, the chairperson of any town board, or any sheriff in this state, the governor may order into active service all or any portion of the national guard.

(b) If the governor is absent, or cannot be immediately communicated with, any such civil officer of the persons listed in par. (a) 5. may, if the officer deems the occasion so is urgent, make such application, which shall be in writing, to request assistance from the commanding officers of any company, battalion or regiment, who may upon commander of any national guard unit. The commander shall obtain approval of the adjutant general, if the danger is great and imminent, order out that officer's command to the aid of such civil officer. Such before ordering the unit to provide assistance. If it is not feasible to obtain approval of the adjutant general, and the danger is great and imminent, the commander may order the unit to provide assistance without adjutant general approval. The order shall be delivered to the commanding officer, who shall immediately communicate the order to each, and every subordinate officer, and every company commander receiving the same who shall immediately communicate the substance thereof to each member of the order to the members of the company, or if any such unit. If a member cannot be found, a notice in writing containing the substance of such the order, in writing, shall be left at the last and usual member's place of residence of such member with some person of suitable age and discretion, to whom its the order's contents shall be explained.

200,40 Section 40. 21.11 (2) of the statutes is renumbered 321.39 (2) (a) and amended to read:

321.39 (2) (a) Any commissioned officer or enlisted member of the national guard who fails to carry out orders or fails to appear at the time or place ordered as provided in sub. (1) shall be punished under the Wisconsin code of military justice.

(b) Any person who advises or endeavors to persuade an officer or soldier to refuse or neglect to appear at such place or obey such order assists an officer or member of the national guard in violating par. (a) shall forfeit be subject to a forfeiture of not less than $200 nor more than $1,000.

200,41 Section 41. 21.11 (3) of the statutes is renumbered 321.04 (2) (e) and amended to read:

321.04 (2) (e) The adjutant general may activate Activate members of the national guard for the purpose of serving to serve on an honors detail of military funeral honors for a person described under s. 45.60 (1).

200,42 Section 42. 21.12 of the statutes is renumbered 321.43 and amended to read:

321.43 Exemption from civil authority. During the time the national guard or state military forces are defense force is performing military duty pursuant to proper under orders issued by the governor or by the governor's authority adjutant general, all of its members thereof, while going to, remaining at , or returning from a place of duty shall be are exempt from arrest or service of any process issued by a civilian court. In any civil or criminal prosecution against any member arising out of the member's performing military duty, it shall be a defense that the member was acting in good faith or pursuant to any under a lawful military order. Any such The order shall be deemed prima facie considered lawful unless shown to be unlawful.

200,43 Section 43. 21.13 (title) of the statutes is renumbered 321.42 (title).

200,44 Section 44. 21.13 (1) of the statutes is renumbered 321.42 (1) (a) and amended to read:

321.42 (1) (a) If any state resident who is a member of a the national guard of any state or of the state defense force or any resident of this state who is a member of the national guard of another state is prosecuted by any civil or criminal action for any act performed by the member while in the performance of military duty and in pursuance of military duty within the scope of his or her employment as a member, the action against governor, upon request of the adjutant general, shall appoint counsel to defend the member shall be defended by counsel, which may include the attorney general, appointed for that purpose by the governor upon the recommendation of the adjutant general. The adjutant general shall make the recommendation request to appoint defense counsel if the act performed by the member was in the line of duty. The governor may appoint the attorney general to defend the member.

(b) The costs and expenses of any such the defense under par. (a) shall be audited by the department of administration and paid out of the state treasury and charged to the appropriation under s. 20.455 (1) (b) and if. If the jury or court finds that the member of the national guard against whom the action is brought acted within the scope of his or her employment as a member, the judgment as to damages entered against the member shall also be paid by the state.

200,45 Section 45. 21.13 (2) of the statutes is renumbered 321.42 (2) and amended to read:

321.42 (2) Any civil action or proceeding brought against a member of a national guard or the state defense force under sub. (1) (a) is subject to ss. 893.82 and 895.46.

200,46 Section 46. 21.15 (title) of the statutes is repealed.

200,47 Section 47. 21.15 of the statutes is renumbered 321.21 (5) (a) and amended to read:

321.21 (5) (a) No person may retain at any time any arms, equipment or military stores of any kind belonging to the state or any federally owned property issued to the state property or money, unless the property or money has been lawfully issued to the person pursuant to law and the proper authority permits the person to retain the property or money in the discharge of a public duty. No person may use any public arms, equipment, clothing or military stores belonging to the state, either as owner or bailee, property or money for the person's unauthorized private use. Any person violating this section paragraph shall forfeit not less than $50 $100 nor more than $200 $1,000.

200,48 Section 48. 21.155 (title) of the statutes is repealed.

200,49 Section 49. 21.155 of the statutes is renumbered 321.21 (5) (b) and amended to read:

321.21 (5) (b) No A person who possesses under the laws of this state any arms, equipment or other military property may willfully neglect or refuse or money, after the adjutant general makes lawful demand is made for the return of the property by order of the governor, to or money shall return the property or money promptly. No person may knowingly resist any officer who is lawfully taking possession of such arms, equipment or other the military property or money. Any person violating this section paragraph shall forfeit not less than $50 $100 nor more than $200 $1,000.

200,50 Section 50. 21.17 of the statutes is renumbered 321.24, and 321.24 (1) and (2), as renumbered, are amended to read:

321.24 (1) The officer in charge of any area used or to be used for military purposes may cause the area to be marked in such a manner so as mark the area to warn against encroachment by unauthorized persons, but may not to unnecessarily obstruct travel on any public highway. No person may encroach upon or enter upon the area without the consent of the officer.

(2) No person may intercept, molest, abuse or otherwise interfere with any member of the national guard or any other military force organized under the laws of this state defense force while the member is in the performance of military duty.

200,51 Section 51. 21.18 (title) and (1) (intro.) of the statutes are renumbered 321.10 (title) and (1) (intro.).

200,52c Section 52c. 21.18 (1) (a) of the statutes is renumbered 321.10 (1) (a).

200,52f Section 52f. 21.18 (1) (b) of the statutes is renumbered 321.10 (1) (b) and amended to read:

321.10 (1) (b) A deputy adjutant general for army, with a whose rank of may not exceed brigadier general, unless selected for a military position requiring federal recognition as a major general.

200,52m Section 52m. 21.18 (1) (c) of the statutes is renumbered 321.10 (1) (c) and amended to read:

321.10 (1) (c) A deputy adjutant general for air, with a whose rank of may not exceed brigadier general, unless selected for a military position requiring federal recognition as a major general.

200,53 Section 53. 21.18 (1) (d) of the statutes is renumbered 321.10 (1) (d) and amended to read:

321.10 (1) (d) Two assistant adjutants general for army, who may hold the whose rank of may not exceed brigadier general.

200,54 Section 54. 21.18 (1) (e), (f), (g), (h), (i) and (j) of the statutes are renumbered 321.10 (1) (f), (g), (h), (i), (j) and (k) and amended to read:

321.10 (1) (f) An assistant adjutant general for air, who may hold the whose rank of may not exceed brigadier general.

(g) A chief surgeon for army, who whose rank may be a not exceed major general officer.