AB400, s. 200 17Section 200. 230.315 (1) (c) of the statutes is amended to read:
AB400,85,2218 230.315 (1) (c) The employee has received a military leave of absence under s.
19230.32 (3) (a) or 230.35 (3), under a collective bargaining agreement under subch. V
20of ch. 111, or under rules promulgated by the office of employment relations or is
21eligible for reemployment with the state under s. 21.79 321.64 after completion of his
22or her service in the U.S. armed forces.
AB400, s. 201 23Section 201. 230.32 (7) of the statutes is amended to read:
AB400,86,3
1230.32 (7) Any employee who is absent from state service because the employee
2is in active service, as defined in s. 21.80 (1) (a) 321.65 (1) (a), is entitled to all
3reemployment rights and benefits provided under s. 21.80 321.65.
AB400, s. 202 4Section 202. 302.31 (1m) of the statutes is created to read:
AB400,86,55 302.31 (1m) The detention of persons subject to confinement under s. 322.011.
AB400, s. 203 6Section 203. Chapter 321 (title) of the statutes is created to read:
AB400,86,77 chapter 321
AB400,86,88 Department of military affairs
AB400, s. 204 9Section 204. Subchapter I (title) of chapter 321 [precedes 321.01] of the
10statutes is created to read:
AB400,86,1111 chapter 321
AB400,86,1312 subchapter I
13 general provisions
AB400, s. 205 14Section 205. 321.01 of the statutes is created to read:
AB400,86,15 15321.01 Definitions. In this chapter:
AB400,86,16 16(1) "Active duty" means federal active duty or state active duty.
AB400,86,17 17(2) "Department" means the department of military affairs.
AB400,86,18 18(3) "Facility" includes armory, base, installation, and airfield.
AB400,86,20 19(4) "Federal active duty" means full-time duty in the active military service of
20the United States, as defined in 10 USC 101 (d) or 32 USC 502, 503, or 904.
AB400,86,24 21(5) "Law enforcement agency" means an agency of the federal government, a
22federally recognized Indian tribe or band, or a state or political subdivision of a state,
23whose purpose is the detection and prevention of crime and enforcement of laws or
24ordinances.
AB400,87,3
1(6) "Law enforcement officer" means any person employed by a law
2enforcement agency who is authorized to make arrests for violations of the laws or
3ordinances that the person is employed to enforce.
AB400,87,5 4(7) "Military property" includes arms, clothing, equipment, publications,
5supplies, and vehicles owned by or in the custody of the department.
AB400,87,7 6(8) "Military records" means correspondence, medical records, personnel
7records, and other documents in the custody of the department.
AB400,87,9 8(9) "National guard," unless the context otherwise requires, means both the
9Wisconsin army national guard and the Wisconsin air national guard.
AB400,87,10 10(10) "Political subdivision" means a city, village, town, or county.
AB400,87,13 11(11) "State active duty" means full-time state duty in the national guard, or
12state defense force when activated, under an order of the governor or under an order
13otherwise issued by authority of law, and includes travel to and from that duty.
AB400,87,15 14(12) "Unit" means a formally organized division or subset of the national guard
15or state defense force.
AB400,87,17 16(13) "Wisconsin code of military justice" means the Wisconsin Code of Military
17Justice under ch. 322.
AB400, s. 206 18Section 206. 321.02 (title) of the statutes is created to read:
AB400,87,19 19321.02 (title) Powers and duties of the governor.
AB400, s. 207 20Section 207. 321.04 (title) and (1) (intro.) of the statutes are created to read:
AB400,87,22 21321.04 (title) Powers and duties of the adjutant general. (1) (intro.) The
22adjutant general or his or her designee shall do all of the following:
AB400, s. 208 23Section 208. 321.04 (1) (b) of the statutes is created to read:
AB400,87,2524 321.04 (1) (b) Advise the governor on military issues and transmit military
25correspondence to and from the governor.
AB400, s. 209
1Section 209. 321.04 (1) (j) of the statutes is created to read:
AB400,88,22 321.04 (1) (j) Prepare the training of national guard members.
AB400, s. 210 3Section 210. 321.04 (1) (m) of the statutes is created to read:
AB400,88,64 321.04 (1) (m) Prepare and issue all necessary accounting books and forms for
5the national guard. All of the accounting books and forms shall conform as nearly
6as practicable to those in use in the U.S. army or air force.
AB400, s. 211 7Section 211. 321.04 (1) (p) of the statutes is created to read:
AB400,88,88 321.04 (1) (p) Perform the duties under s. 321.51 (2) (e).
AB400, s. 212 9Section 212. 321.04 (2) (intro.) of the statutes is created to read:
AB400,88,1110 321.04 (2) (intro.) The adjutant general or his or her designee may do any of
11the following:
AB400, s. 213 12Section 213. 321.04 (2) (f) of the statutes is created to read:
AB400,88,1313 321.04 (2) (f) Perform the duties under 321.51 (2) (b).
AB400, s. 214 14Section 214. Subchapter II (title) of chapter 321 [precedes 321.10] of the
15statutes is created to read:
AB400,88,1616 Chapter 321
AB400,88,1817 subchapter II
18 military OFFICERS
AB400, s. 215 19Section 215. 321.10 (1) (e) of the statutes is created to read:
AB400,88,2120 321.10 (1) (e) A joint chief of staff, whose rank may may not exceed major
21general.
AB400, s. 216 22Section 216. Subchapter III (title) of chapter 321 [precedes 321.20] of the
23statutes is created to read:
AB400,88,2424 chapter 321
AB400,89,2
1subchapter III
2 military property
AB400, s. 217 3Section 217. 321.21 (1) of the statutes is created to read:
AB400,89,54 321.21 (1) In this section, "money" means funds in the custody of the
5department.
AB400, s. 218 6Section 218. 321.23 (title) of the statutes is created to read:
AB400,89,7 7321.23 (title) Facilities and lands.
AB400, s. 219 8Section 219. Subchapter IV (title) of chapter 321 [precedes 321.30] of the
9statutes is created to read:
AB400,89,1010 chapter 321
AB400,89,1311 subchapter iV
12 national guard and
13 state defense force
AB400, s. 220 14Section 220. 321.39 (1) (a) (intro.) of the statutes is created to read:
AB400,89,1615 321.39 (1) (a) (intro.) The governor may order into state active duty members
16of the national guard under the following circumstances:
AB400, s. 221 17Section 221. 321.39 (1) (a) 3. of the statutes is created to read:
AB400,89,1918 321.39 (1) (a) 3. If the governor declares a state of emergency relating to public
19health under s. 166.03 (1) (b).
AB400, s. 222 20Section 222. 321.40 (2) (f) of the statutes is created to read:
AB400,89,2221 321.40 (2) (f) Failing to be an actively drilling guard member upon the date of
22the satisfactory completion of a full-time or part-time course in a qualifying school.
AB400, s. 223 23Section 223. 321.40 (6) (d) of the statutes is created to read:
AB400,90,3
1321.40 (6) (d) No guard member may receive a tuition grant under this section
2unless he or she is a member in good standing in the national guard at the time of
3completion of the course.
AB400, s. 224 4Section 224. 321.51 (2) (b) of the statutes is created to read:
AB400,90,75 321.51 (2) (b) If the state defense force is organized under sub. (1), the adjutant
6general may perform the duties under s. 321.04 (2) (a), (b), (c) and (d) for the state
7defense force.
AB400, s. 225 8Section 225. 321.51 (2) (e) of the statutes is created to read:
AB400,90,119 321.51 (2) (e) If the state defense force is organized under sub. (1), the adjutant
10general shall perform the duties under s. 321.04 (1) (a) to (n) and (q) for the state
11defense force.
AB400, s. 226 12Section 226. Subchapter V (title) of chapter 321 [precedes 321.60] of the
13statutes is created to read:
AB400,90,1414 chapter 321
AB400,90,1615 subchapter V
16 rights of service Members
AB400, s. 227 17Section 227. Chapter 322 of the statutes is created to read:
AB400,90,2018 Chapter 322
19 Wisconsin code of military
20 justice
AB400,90,2221 subchapter I
22 general provisions
AB400,90,24 23322.0001 Criminal code interaction. (1) Chapters 939, 967 to 973, and 975
24to 979 do not apply to proceedings under this chapter.
AB400,91,3
1(2) A crime under this code is a crime under s. 939.12. A felony under this code
2is a felony under s. 939.22 (12). A misdemeanor under this code is a misdemeanor
3under s. 939.22 (20).
AB400,91,5 4322.001 Article 1—Definitions. In this chapter, unless the context otherwise
5requires:
AB400,91,9 6(1) "Accuser" means a person who signs and swears to charges, any person who
7directs that charges nominally be signed and sworn to by another, and any other
8person who has an interest other than an official interest in the prosecution of the
9accused.
AB400,91,13 10(2) "Cadet," "candidate," or "midshipman" means a person who is enrolled in
11or attending a state military academy, a regional training institute, or any other
12formal education program for the purpose of becoming a commissioned officer in a
13state military force.
AB400,91,14 14(3) "Classified information" means any of the following:
AB400,91,1815 (a) Any information or material that has been determined by an official of the
16United States or any state subject to law, an executive order, or regulation to require
17protection against unauthorized disclosure for reasons of state security or national
18defense or foreign relations of the United States.
AB400,91,1919(b) Any restricted data, as defined in 42 USC 2014 (y).
AB400,91,20 20(4) "Code" means this chapter.
AB400,91,24 21(5) "Commanding officer" includes only commissioned officers of the state
22military forces and shall include officers in charge only when administering
23nonjudicial punishment under s 322.015. The term `commander' has the same
24meaning as `commanding officer' unless the context otherwise requires.
AB400,92,3
1(6) "Convening authority" includes, in addition to the person who convened the
2court, a commissioned officer commanding for the time being or a successor in
3command to the convening authority.
AB400,92,7 4(7) "Day" means calendar day and is not synonymous with the term "unit
5training assembly." Any punishment authorized by this code which is measured in
6terms of days shall, when served in a status other than annual field training, be
7construed to mean succeeding duty days.
AB400,92,11 8(8) "Duty status other than state active duty" means any other type of duty
9including Unit Training Assemblies or drills but excludes duty not in federal service
10and not full-time duty in the active service of the state; under an order issued by
11authority of law and includes travel to and from duty.
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