AB19: Bill Text

LRB-0808/1

RPN:cmh&wlj:jf

2003 - 2004 LEGISLATURE

2003 Assembly BILL 19

February 5, 2003 - Introduced by Representatives Towns, Suder, Musser, Petrowski, Albers, Ladwig, Jensen, Pettis, Schneider, Gronemus, Jeskewitz, Stone, Krawczyk, Turner, Lothian, Owens, Bies, Nischke, Rhoades, Vrakas, Ott, Kestell, Ward, Plouff, Gundrum, McCormick, Ainsworth, Hines, Townsend, Seratti, Gunderson and Van Roy, cosponsored by Senators Kedzie, S. Fitzgerald, Breske, Schultz, Kanavas, Welch and Roessler. Referred to Committee on Veterans and Military Affairs.

AB19,1,7 An Act to amend 21.01 (2), 21.025 (1), 21.025 (2) (d), 21.07, 21.13 (1), 21.13 (2), 21.16 (1), 21.18 (3), 21.19 (2), 21.19 (3) (b), 21.28 (1), 21.30, 21.32, 21.35, 21.48 (1), 21.49 (1) (ar), 21.50 (3), 21.72 (1) (c), 21.75 (1) (a), 21.75 (1) (d), 21.80 (3) (a) (intro.), 21.80 (3) (a) 1., 21.80 (3) (a) 4., 36.11 (47) (intro.), 38.12 (13) (intro.), 39.48 and 40.05 (4g) (a) 3.; and to create 21.80 (1) (a) 3. of the statutes; relating to: benefits and eligibility of Wisconsin residents who are members of the national guard in another state.

Analysis by the Legislative Reference Bureau

Under current law, a resident of Wisconsin may be a national guard member of an adjacent state. Currently, if a member of the Wisconsin national guard is prosecuted for any civil or criminal action for an act performed while performing military duty, he or she must be defended by an attorney appointed by the governor, and the state pays any expenses incurred or judgment rendered if the act was performed within the scope of the member's national guard duties. This bill extends that provision to include any resident of Wisconsin who is a member of the national guard of any state.

Currently, if a license that a Wisconsin national guard member holds would expire while he or she is on state active duty or on active duty in the U.S. armed forces, that license does not expire until 90 days after the service member is discharged from active duty. In addition, the service member may have the license extended until the next date that the license is usually renewed if he or she meets certain conditions. This bill extends those provisions to include any resident of Wisconsin who is a member of the national guard of any state.

Currently, a member of the Wisconsin national guard is given certain protections while he or she is in active state service that are similar to the protections given to active members of the U.S. armed forces, including the stay of any liability or court judgment, of any proceeding in court, and of any execution or attachment against the member; the limit on interest that may be incurred to 6% per year; the prohibition against an eviction or a mortgage foreclosure; and the right to terminate a lease without penalty. This bill extends those provisions to include any resident of Wisconsin who is a member of the national guard of any state.

The bill also gives any resident of Wisconsin who is a member of the national guard of any state the same reemployment rights as a member in active service in the Wisconsin national guard if that resident is called into active service and must leave his or her employment.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB19, s. 1 Section 1. 21.01 (2) of the statutes is amended to read:

AB19,2,5 21.01 (2) The Wisconsin national guard shall be organized into army national guard and air national guard units, and "national guard" when used in this chapter, unless the context otherwise requires, includes means both the Wisconsin army national guard and the Wisconsin air national guard.

AB19, s. 2 Section 2. 21.025 (1) of the statutes is amended to read:

AB19,3,3 21.025 (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. The adjutant general may organize the Wisconsin state defense force under the plan if all or part of the Wisconsin national guard is called into the service of the United States. It shall be distinct from the national guard, uniformed, and composed of officers, commissioned or assigned, and of enlisted personnel who volunteer for service. Membership in the Wisconsin state defense force may not include any person who is in the active military forces, including the reserve components. Persons in the retired reserve may serve in the Wisconsin state defense force.

AB19, s. 3 Section 3. 21.025 (2) (d) of the statutes is amended to read:

AB19,3,9 21.025 (2) (d) The adjutant general may organize a cadre force of not more than 12 personnel at each state-owned armory. Each cadre force 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 Wisconsin national guard is mobilized for active federal duty.

AB19, s. 4 Section 4. 21.07 of the statutes is amended to read:

AB19,3,14 21.07 Decorations and awards. The adjutant general may prescribe decorations and awards for the Wisconsin national guard and the state defense force, the form and issue thereof made under rules adopted by the adjutant general and approved by the governor.

AB19, s. 5 Section 5. 21.13 (1) of the statutes is amended to read:

AB19,4,3 21.13 (1) If any state resident who is a member of the a national guard of any state or of the state defense force 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, the action against 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 if the act performed by the member was in the line of duty. The costs and expenses of any such defense 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 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.

AB19, s. 6 Section 6. 21.13 (2) of the statutes is amended to read:

AB19,4,7 21.13 (2) Any civil action or proceeding brought against a member of the a national guard or the state defense force under sub. (1) is subject to ss. 893.82 and 895.46.

AB19, s. 7 Section 7. 21.16 (1) of the statutes is amended to read:

AB19,4,18 21.16 (1) No person may wear the uniform of the Wisconsin national guard or of the U.S. army, air force, navy, or marine corps, or a reserve component of the U.S. armed forces, except a person who is regularly enrolled in the U.S. army, air force, navy, or marine corps, a reserve component of the U.S. armed forces, the national guard of one of the states or one of the student cadet companies armed and recognized by the national or a state government, a person retired from active service or a reserve component, or a person who is an inmate of any veterans' or soldiers' home. Any person violating this subsection shall forfeit not less than $10 nor more than $100. The district attorney of the county in which any such offense is committed shall bring an action in the name of the state against the offender.

AB19, s. 8 Section 8. 21.18 (3) of the statutes is amended to read:

AB19,5,6 21.18 (3) 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 terminated earlier by resignation, disability, or for cause and 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. The terms of the deputy adjutants general for army and air shall be 5 years beginning on the first day of the 7th month of the term of the adjutant general. The deputy adjutants general may be reappointed to successive terms. Vacancies on the military staff of the governor shall be filled by appointment from officers actively serving in the Wisconsin national guard. Interim vacancies shall be filled by appointment by the adjutant general for the residue of the unexpired term.

AB19, s. 9 Section 9. 21.19 (2) of the statutes is amended to read:

AB19,5,13 21.19 (2) The department of military affairs on behalf of the state may rent to appropriate organizations or individuals state-owned lands, buildings , and facilities used by, acquired for, or erected for the Wisconsin national guard when not required for use by the Wisconsin national guard. Such rental shall not be effective unless in writing and approved by the governor and the adjutant general or a designee in writing.

AB19, s. 10 Section 10. 21.19 (3) (b) of the statutes is amended to read:

AB19,5,21 21.19 (3) (b) Notwithstanding s. 13.48 (14) (c), the department, under the authority and procedures established in par. (a), may sell and convey the Wisconsin national guard armory located at 1225 E. Henry Clay Street, Whitefish Bay, Milwaukee County. The proceeds of a sale shall be used first to pay off all bonds, all or a part of which were used to construct or purchase the property. Any moneys remaining from the sale shall be paid into the state treasury and credited to the appropriation under s. 20.465 (1) (g).

AB19, s. 11 Section 11. 21.28 (1) of the statutes is amended to read:

AB19,6,4 21.28 (1) The adjutant general shall recommend a candidate for appointment as the United States property and fiscal officer for the Wisconsin national guard, subject to the concurrence of the governor, from federally commissioned officers actively serving in the Wisconsin 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.

AB19, s. 12 Section 12. 21.30 of the statutes is amended to read:

AB19,6,14 21.30 Chief surgeons; powers and duties. The chief surgeons for army and air shall, under direction of the adjutant general, have general supervision of the medical units of the Wisconsin national guard and state defense force when organized. The chief surgeons shall make recommendations concerning procurement of medical supplies for state active duty operations, for the procurement and training of medical personnel and for the publication of Wisconsin 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.

AB19, s. 13 Section 13. 21.32 of the statutes is amended to read:

AB19,6,19 21.32 Physical examinations. The chief surgeons for army and air shall provide for such physical examinations and inoculations of officers, enlistees, and applicants for enlistment, Wisconsin in the national guard, as may be prescribed by department of defense and national guard regulations.

AB19, s. 14 Section 14. 21.35 of the statutes is amended to read:

AB19,7,8 21.35 Federal laws and regulations; no discrimination. The organization, armament, equipment, and discipline of the Wisconsin 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 person, otherwise qualified, may be denied membership in the Wisconsin national guard because of sex, color, race, creed, or sexual orientation and no member of the Wisconsin national guard may be segregated within the Wisconsin national guard 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.

AB19, s. 15 Section 15. 21.48 (1) of the statutes is amended to read:

AB19,7,14 21.48 (1) Each officer and enlisted person of the Wisconsin national guard on active duty in the state under orders of the governor on a state pay basis shall receive the base pay and allowances of an officer or enlisted person of equal rank in the corresponding branch of the U.S. armed forces except that the base pay so provided shall not be less than $50 per day.

AB19, s. 16 Section 16. 21.49 (1) (ar) of the statutes is amended to read:

AB19,7,17 21.49 (1) (ar) "Guard member" means any person who is a member of the Wisconsin national guard.

AB19, s. 17 Section 17. 21.50 (3) of the statutes is amended to read:

AB19,7,22 21.50 (3) The adjutant general, with the approval of the governor may obtain and pay for out of the annual military appropriation an adequate indemnity bond covering all of the officers of the Wisconsin national guard responsible to the state for moneys and military property.

AB19, s. 18 Section 18. 21.72 (1) (c) of the statutes is amended to read: