AB533: Bill Text

LRB-1389/1

RPN:jld:rs

2005 - 2006 LEGISLATURE

2005 Assembly BILL 533

July 5, 2005 - Introduced by Representatives Townsend, Hines, Krawczyk, Kreibich, Musser, Ott, Owens and Pettis, cosponsored by Senators Zien and Breske. Referred to Committee on Military Affairs.

AB533,1,7 An Act to amend 20.465 (1) (title), 20.465 (1) (c), 20.465 (1) (g), 21.01 (1), 21.015 (1), 21.015 (2), 21.025 (2) (b), 21.025 (2) (c), 21.03, 21.07, 21.09, 21.11 (1), 21.11 (2), 21.13 (1), 21.13 (2), 21.18 (5), 21.19 (2), 21.19 (8), 21.20, 21.30, 21.32, 21.35, 21.36 (1), 21.36 (2), 21.38, 21.43, 21.47, 21.48 (1), 21.48 (3), 21.59, 102.07 (9), 102.475 (1) and 230.35 (3) (a); and to create 21.01 (3), 21.18 (1) (em) and 21.18 (5m) of the statutes; relating to: creating the Wisconsin naval militia and making an appropriation.

Analysis by the Legislative Reference Bureau

Under current law, the Wisconsin national guard is composed of the army and air national guard. Current law also allows the adjutant general to establish and organize a state defense force if the national guard is called into the service of the United States. This bill creates a Wisconsin naval militia, which will be under the control of the adjutant general and will be subject to the same policies and procedures as the other military components. The naval militia's primary purpose under the bill is to respond to natural disasters, state emergencies, and domestic disorders.

For further information see the state 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:

AB533, s. 1 Section 1. 20.465 (1) (title) of the statutes is amended to read:

AB533,2,2 20.465 (1) (title) National guard and naval militia operations.

AB533, s. 2 Section 2. 20.465 (1) (c) of the statutes is amended to read:

AB533,2,9 20.465 (1) (c) Public emergencies. A sum sufficient to defray all expenditures of the Wisconsin national guard, the Wisconsin naval militia, or the Wisconsin state defense force when either the guard, militia, or defense force is called into state service to meet situations arising from war, riot, natural disaster or great public emergency and in preparation for an anticipated call into state service for these emergencies.

AB533, s. 3 Section 3. 20.465 (1) (g) of the statutes is amended to read:

AB533,3,2 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 or other state recognized military force under s. 21.19 (2), 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), from the rental of state-owned housing, or from the provision of housing-related services to military personnel shall be credited to this appropriation.

AB533, s. 4 Section 4. 21.01 (1) of the statutes is amended to read:

AB533,3,7 21.01 (1) The organized militia of this state shall be known as the "Wisconsin national guard" and the "Wisconsin naval militia" and shall consist of members appointed or enlisted therein in accordance with federal law or regulations governing or pertaining to the national guard or to the naval militia.

AB533, s. 5 Section 5. 21.01 (3) of the statutes is created to read:

AB533,3,21 21.01 (3) The Wisconsin naval militia shall consist of members or former members of U.S. naval, coast guard, or marine corps reserve, enlisted or appointed, who also join the Wisconsin naval militia. The members and units of the Wisconsin naval militia while in state service shall be under the command and control of the governor through the adjutant general. Their membership in the Wisconsin naval militia is authorized under the provisions of Title 10 U.S. Code Sections 7851, 7852, and 7854. The primary purpose of the naval militia will be to respond to the call of the governor to support the state of Wisconsin during times of natural disaster, state emergency, domestic disorder, or other public service support missions. The military structure of the units of the naval militia will be established by the adjutant general by military regulation, approved by the governor. The term "naval militia" when used in this chapter will refer to the members and units thus organized and not to the "national guard," unless the context otherwise requires that interpretation.

AB533, s. 6 Section 6. 21.015 (1) of the statutes is amended to read:

AB533,3,23 21.015 (1) Administer the national guard and the naval militia.

AB533, s. 7 Section 7. 21.015 (2) of the statutes is amended to read:

AB533,4,2 21.015 (2) Provide facilities for the national guard and the naval militia and any other support available from the appropriations under s. 20.465.

AB533, s. 8 Section 8. 21.025 (2) (b) of the statutes is amended to read:

AB533,4,6 21.025 (2) (b) The governor may form an aviation unit and a naval unit of the state defense force and formulate the rules and regulations therefor and prescribe the duties thereof consistent with the functions of the state defense force.

AB533, s. 9 Section 9. 21.025 (2) (c) of the statutes is amended to read:

AB533,4,10 21.025 (2) (c) Officers and enlistees, while on active duty under orders of the governor, shall receive the base pay and allowances of the their identical pay grade in the United States army.

AB533, s. 10 Section 10. 21.03 of the statutes is amended to read:

AB533,4,16 21.03 Distribution of arms. The governor may receive and distribute, according to law, the quota of arms and military equipment which the state may receive from the government of the United States under the provisions of any acts of congress providing for arming and equipping the national guard, the naval militia, and the state defense force.

AB533, s. 11 Section 11. 21.07 of the statutes is amended to read:

AB533,4,21 21.07 Decorations and awards. The adjutant general may prescribe decorations and awards for the national guard, the naval militia, and the state defense force, the form and issue thereof made under rules adopted by the adjutant general and approved by the governor.

AB533, s. 12 Section 12. 21.09 of the statutes is amended to read:

AB533,5,6 21.09 Training; special schools; pay and allowances. The governor may order the national guard or the naval militia, or both, 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 governor may order members of the national guard and the naval militia, at their option, to attend such special schools for military training as may be authorized by the state or federal government. For such training and attendance at special schools, members of the national guard and the naval militia shall receive such pay and allowances as the federal government or the governor may authorize.

AB533, s. 13 Section 13. 21.11 (1) of the statutes is amended to read:

AB533,6,3 21.11 (1) In case of war, insurrection, rebellion, riot, invasion or resistance to the execution of the laws of this state or of the United States; in the event of public disaster resulting from flood, conflagration or tornado; in order to assess damage or potential damage and to recommend responsive action as a result of natural or man-made events; or 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 or the naval militia. If the governor is absent, or cannot be immediately communicated with, any such civil officer may, if the officer deems the occasion so urgent, make such application, which shall be in writing, to the commanding officers of any company, battalion or regiment, or similar naval militia unit, who may upon 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 order shall be delivered to the commanding officer, who shall immediately communicate the order to each, and every subordinate officer, and every company commander or similar naval militia commander receiving the same shall immediately communicate the substance thereof to each member of the company or naval militia unit, or if any such member cannot be found, a notice in writing containing the substance of such order shall be left at the last and usual place of residence of such member with some person of suitable age and discretion, to whom its contents shall be explained.

AB533, s. 14 Section 14. 21.11 (2) of the statutes is amended to read:

AB533,6,10 21.11 (2) Any commissioned officer or enlisted member of the national guard or the naval militia 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. Any person who advises or endeavors to persuade an officer or soldier enlisted member to refuse or neglect to appear at such place or obey such order shall forfeit not less than $200 nor more than $1,000.

AB533, s. 15 Section 15. 21.13 (1) of the statutes is amended to read:

AB533,6,24 21.13 (1) If any state resident who is a member of a national guard of any state, of the naval militia, 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, the naval militia, or the state defense force 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.

AB533, s. 16 Section 16. 21.13 (2) of the statutes is amended to read:

AB533,7,3 21.13 (2) Any civil action or proceeding brought against a member of a national guard, the naval militia, or the state defense force under sub. (1) is subject to ss. 893.82 and 895.46.

AB533, s. 17 Section 17. 21.18 (1) (em) of the statutes is created to read:

AB533,7,7 21.18 (1) (em) An assistant adjutant general for the naval militia who may hold the rank of rear admiral lower half, or brigadier general, depending upon the branch of service.

AB533, s. 18 Section 18. 21.18 (5) of the statutes is amended to read:

AB533,7,14 21.18 (5) The adjutant general shall appoint persons to fill vacancies in positions in the military staff of the governor. Vacancies Except as provided in sub. (5m), 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 of the unexpired term.

AB533, s. 19 Section 19. 21.18 (5m) of the statutes is created to read:

AB533,7,23 21.18 (5m) The term of the assistant adjutant general for the navel militia shall be 3 years and may not be conditioned upon current membership in one of the United States armed forces reserves. However, the appointee may be reappointed to successive terms and must currently be either a member of a U.S. reserve component, or have been separated from military service under honorable conditions. The remainder of the military staff of the naval militia shall be established by military regulations promulgated by the adjutant general and approved by the governor.

AB533, s. 20 Section 20. 21.19 (2) of the statutes is amended to read: