AB400, s. 28
23Section
28. 21.025 (7) of the statutes is repealed.
AB400, s. 29
24Section
29. 21.025 (11m) (title) of the statutes is renumbered 321.51 (9) (title).
AB400, s. 30
1Section
30. 21.025 (11m) (a) and (b) of the statutes are consolidated,
2renumbered 321.51 (9) and amended to read:
AB400,23,143
321.51
(9) Officers and enlistees of the
"Wisconsin State Defense Force" state
4defense force who have served honorably
therein for a period of at least one year and
5are active members of their respective units at the time of its demobilization shall 6may, upon application to the unit commander, be permitted to retain
the items of
7their uniform
prescribed by the governor by rule. (b) The. If retained, the uniform
8prescribed under par. (a) may be worn only on occasions
of ceremony. "Occasions of
9ceremony" means occasions essentially of a military character at which the uniform
10is more appropriate than civilian clothing, such as memorial services, military
11weddings, military funerals, military balls, military parades,
military reunions, and
12meetings or functions of associations formed for military purposes, the membership
13of which is composed largely or entirely of honorably discharged
veterans of the
14services members of the U.S. military, national guard, and state defense force.
AB400, s. 31
15Section
31. 21.025 (13) of the statutes is repealed.
AB400, s. 32
16Section
32. 21.03 of the statutes is renumbered 321.20 and amended to read:
AB400,23,21
17321.20 Distribution of arms military property. The governor may receive
18and distribute
, according to law, the quota of arms and military
equipment which 19property that the state
may receive
receives from the
U.S. government
of the United
20States under
the provisions of any acts of congress federal laws providing for arming
21and equipping
of the national guard and the state defense force.
AB400, s. 33
22Section
33. 21.04 of the statutes is renumbered 321.22 and amended to read:
AB400,24,3
23321.22 Camp Williams. (1) The state
camp grounds facility near Camp
24Douglas, Juneau County, shall be known as "Camp Williams". The officer in charge
25of Camp Williams
shall have at said camp the police powers possessed by officials at
1state hospitals, as provided in s. 46.058 (2) may arrest a person for a violation that
2occurs at Camp Williams of a state law, local ordinance, or provision of the Wisconsin
3code of military justice.
AB400,24,6
4(2) The adjutant general may grant to the federal government the right to use
5any area of Camp Williams upon
such conditions
as that the adjutant general deems
6advisable.
AB400,24,11
7(3) In memory of 1st lieutenant Jerome A. Volk, the first Wisconsin air national
8guard pilot killed in combat during the Korean conflict, so much of Camp Williams
9as is under lease to the federal government for use of the air national guard shall be
10known as "Volk Field" during the time the property remains under lease to the
U.S. 11government
of the United States.
AB400, s. 34
12Section
34. 21.05 of the statutes is renumbered 321.32 and amended to read:
AB400,24,18
13321.32 Term of enlistment; requirements and discharge. Every person
14who enlists or receives a commission in the national guard shall serve for the term
15prescribed and satisfy the physical, educational and training requirements
16prescribed by the
U.S. national guard bureau.
Enlistees in the national guard shall
17be discharged as provided in the laws and regulations of the U.S. national guard
18bureau.
AB400, s. 35
19Section
35. 21.06 of the statutes is renumbered 321.44 and amended to read:
AB400,24,23
20321.44 Exemptions from certain county duties. Every member of the
21national guard or state
military forces shall be defense force is exempt from service
22on any body of county residents summoned by the sheriff to assist in preserving the
23peace.
AB400, s. 36
24Section
36. 21.07 of the statutes is renumbered 321.38 and amended to read:
AB400,25,5
1321.38 Decorations and awards. The adjutant general may prescribe
2decorations and awards for the national guard and the state defense force
, the. The 3adjutant general shall adopt policies establishing the form and
issue thereof made
4under rules adopted by the adjutant general and approved by the governor issuance
5of those decorations and awards.
AB400, s. 37
6Section
37. 21.09 of the statutes is renumbered 321.41 and amended to read:
AB400,25,17
7321.41 Training; special schools; pay and allowances. The governor
or
8adjutant general may order the national guard
or state defense force to assemble for
9training at any military establishment
within or without the state specified and
10approved by the department of defense and fix the dates and places
thereof, and the 11of that training. The governor
or adjutant general may order members of the
12national guard
or state defense force, at their option, to attend
such special schools
13for military training
as may be that are authorized by the state or federal
14government.
For such training and attendance at special schools, members The
15governor or adjutant general shall determine the amount that the members of the
16national guard
or state defense force shall receive
such as pay and allowances
as the
17federal government or the governor may authorize for the training.
AB400, s. 38
18Section
38. 21.11 (title) of the statutes is renumbered 321.39 (title) and
19amended to read:
AB400,25,20
20321.39 (title)
Call to state active service duty.
AB400, s. 39
21Section
39. 21.11 (1) of the statutes is renumbered 321.39 (1) (a) 1. and
22amended to read:
AB400,25,2423
321.39
(1) (a) 1. In case of war, insurrection, rebellion, riot, invasion
, terrorism, 24or resistance to the execution of the laws of this state or of the United States
; in.
AB400,26,2
12. In the event of public disaster resulting from flood,
conflagration or fire,
2tornado
; in, or other natural disaster.
AB400,26,5
34. In order to assess damage or potential damage and to recommend responsive
4action as a result of
natural or man-made events; or upon an event listed in subds.
51. to 3.
AB400,26,9
65. Upon application of any marshal of the United States, the president of any
7village, the mayor of any city, the chairperson of any town board, or any sheriff in this
8state
, the governor may order into active service all or any portion of the national
9guard.
AB400,27,2
10(b) If the governor is absent, or cannot be immediately communicated with, any
11such civil officer of the persons listed in par. (a) 5. may, if the
officer deems the 12occasion
so is urgent,
make such application, which shall be in writing, to request
13assistance from the
commanding officers of any company, battalion or regiment, who
14may upon commander of any national guard unit. The commander shall obtain 15approval of the adjutant general
, if the danger is great and imminent, order out that
16officer's command to the aid of such civil officer. Such before ordering the unit to
17provide assistance. If it is not feasible to obtain approval of the adjutant general, and
18the danger is great and imminent, the commander may order the unit to provide
19assistance without adjutant general approval. The order shall be delivered to
the
20commanding officer, who shall immediately communicate the order to each, and 21every subordinate officer,
and every company commander receiving the same who 22shall immediately communicate the substance
thereof to each member of the order
23to the members of the
company, or if any such
unit. If a member cannot be found,
24a notice in writing containing the substance of
such the order
, in writing, shall be left
1at the
last and usual member's place of residence
of such member with some person
2of suitable age and discretion, to whom
its the order's contents shall be explained.
AB400, s. 40
3Section
40. 21.11 (2) of the statutes is renumbered 321.39 (2) (a) and amended
4to read:
AB400,27,75
321.39
(2) (a) Any commissioned officer or enlisted member of the national
6guard who fails to carry out orders or fails to appear at the time or place ordered as
7provided in sub. (1) shall be punished under the Wisconsin code of military justice.
AB400,27,11
8(b) Any person who
advises or endeavors to persuade an officer or soldier to
9refuse or neglect to appear at such place or obey such order assists an officer or
10member of the national guard in violating par. (a) shall
forfeit be subject to a
11forfeiture of not less than $200 nor more than $1,000.
AB400, s. 41
12Section
41. 21.11 (3) of the statutes is renumbered 321.04 (2) (e) and amended
13to read:
AB400,27,1614
321.04
(2) (e)
The adjutant general may activate Activate members of the
15national guard
for the purpose of serving to serve on an honors detail of military
16funeral honors for a person described under s. 45.60 (1).
AB400, s. 42
17Section
42. 21.12 of the statutes is renumbered 321.43 and amended to read:
AB400,28,2
18321.43 Exemption from civil authority. During the time the
national guard
19or state
military forces are defense force is performing military duty
pursuant to
20proper under orders issued by the governor or
by the governor's authority adjutant
21general, all
of its members
thereof
, while going to, remaining at
, or returning from
22a place of duty
shall be are exempt from arrest or service of any process issued by a
23civilian court. In any civil or criminal prosecution against any member arising out
24of the member's performing military duty, it shall be a defense that the member was
1acting in good faith or
pursuant to any under a lawful military order.
Any such The 2order shall be
deemed prima facie considered lawful
unless shown to be unlawful.
AB400, s. 43
3Section
43. 21.13 (title) of the statutes is renumbered 321.42 (title).
AB400, s. 44
4Section
44. 21.13 (1) of the statutes is renumbered 321.42 (1) (a) and amended
5to read:
AB400,28,176
321.42
(1) (a) If any
state resident who is a member of
a the national guard
7of any state or of the state defense force
or any resident of this state who is a member
8of the national guard of another state is prosecuted by any civil or criminal action for
9any act performed
by the member while in the performance of military duty and in
10pursuance of military duty within the scope of his or her employment as a member,
11the
action against governor, upon request of the adjutant general, shall appoint
12counsel to defend the member
shall be defended by counsel, which may include the
13attorney general, appointed for that purpose by the governor upon the
14recommendation of the adjutant general. The adjutant general shall make the
15recommendation request to appoint defense counsel if the act performed by the
16member was in the line of duty.
The governor may appoint the attorney general to
17defend the member.
AB400,28,23
18(b) The costs and expenses of
any such the defense
under par. (a) shall be
19audited by the department of administration and
paid out of the state treasury and 20charged to the appropriation under s. 20.455 (1) (b)
and if. If the jury or court finds
21that the member
of the national guard against whom the action is brought acted
22within the scope of his or her employment as a member, the judgment as to damages
23entered against the member shall
also be paid by the state.
AB400, s. 45
24Section
45. 21.13 (2) of the statutes is renumbered 321.42 (2) and amended
25to read:
AB400,29,3
1321.42
(2) Any civil action or proceeding brought against a member
of a
2national guard or the state defense force under sub. (1)
(a) is subject to ss. 893.82 and
3895.46.
AB400, s. 46
4Section
46. 21.15 (title) of the statutes is repealed.
AB400, s. 47
5Section
47. 21.15 of the statutes is renumbered 321.21 (5) (a) and amended
6to read:
AB400,29,157
321.21
(5) (a) No person may retain at any time any
arms, equipment or 8military
stores of any kind belonging to the state or any federally owned property
9issued to the state property or money, unless the property
or money has been
lawfully 10issued to the person
pursuant to law and the proper authority permits the person to
11retain the property
or money in the discharge of a public duty. No person may use
12any public arms, equipment, clothing or military
stores belonging to the state, either
13as owner or bailee, property or money for the person's
unauthorized private use. Any
14person violating this
section paragraph shall forfeit not less than
$50 $100 nor more
15than
$200 $1,000.
AB400, s. 48
16Section
48. 21.155 (title) of the statutes is repealed.
AB400, s. 49
17Section
49. 21.155 of the statutes is renumbered 321.21 (5) (b) and amended
18to read:
AB400,29,2519
321.21
(5) (b)
No A person who possesses
under the laws of this state any arms,
20equipment or other military property
may willfully neglect or refuse or money, after
21the adjutant general makes lawful demand
is made for the return of the property
by
22order of the governor, to or money shall return the property
or money promptly. No
23person may knowingly resist any officer who is lawfully taking possession of
such
24arms, equipment or other the military property
or money. Any person violating this
25section paragraph shall forfeit not less than
$50 $100 nor more than
$200 $1,000.
AB400, s. 50
1Section
50. 21.17 of the statutes is renumbered 321.24, and 321.24 (1) and (2),
2as renumbered, are amended to read:
AB400,30,73
321.24
(1) The officer in charge of any area used or to be used for military
4purposes may
cause the area to be marked in such a manner so as mark the area to
5warn against encroachment by unauthorized persons, but
may not
to unnecessarily
6obstruct travel on any public highway. No person may encroach
upon or enter
upon 7the area without the consent of the officer.
AB400,30,10
8(2) No person may
intercept, molest, abuse or otherwise interfere with any
9member of the national guard or
any other military force organized under the laws
10of this state
defense force while the member is in the performance of military duty.
AB400, s. 51
11Section
51. 21.18 (title) and (1) (intro.) of the statutes are renumbered 321.10
12(title) and (1) (intro.).
AB400, s. 52
13Section
52. 21.18 (1) (a) to (c) of the statutes are renumbered 321.10 (1) (a) to
14(c).
AB400, s. 53
15Section
53. 21.18 (1) (d) of the statutes is renumbered 321.10 (1) (d) and
16amended to read:
AB400,30,1817
321.10
(1) (d) Two assistant adjutants general for army,
who may hold the 18whose rank
of may not exceed brigadier general.
AB400, s. 54
19Section
54. 21.18 (1) (e), (f), (g), (h), (i) and (j) of the statutes are renumbered
20321.10 (1) (f), (g), (h), (i), (j) and (k) and amended to read:
AB400,30,2221
321.10
(1) (f) An assistant adjutant general for air,
who may hold the whose 22rank
of may not exceed brigadier general.
AB400,30,2423
(g) A chief surgeon for army,
who whose rank may
be a not exceed major general
24officer.
AB400,31,2
1(h) A chief surgeon for air,
who whose rank may
be a not exceed major general
2officer.
AB400,31,43
(i) A staff judge advocate for army,
who whose rank may
be a not exceed major 4general
officer.
AB400,31,65
(j) A staff judge advocate for air,
who whose rank may
be a not exceed major 6general
officer.
AB400,31,87
(k) A state chaplain, either army or air,
who whose rank may
be a not exceed
8major general
officer.
AB400, s. 55
9Section
55. 21.18 (1) (k) of the statutes is renumbered 321.10 (1) (L).
AB400, s. 56
10Section
56. 21.18 (1m) of the statutes is renumbered 321.10 (3) and amended
11to read:
AB400,31,1712
321.10
(3) In the event
any of the
a deputy
adjutants adjutant general
, for army
13or for air
, are is appointed to a military position as a major general, the adjutant
14general shall appoint, for any periods of absence of that deputy adjutant general due
15to other military duties, an acting deputy adjutant general. The adjutant general
16may appoint one of the assistant adjutants general as an acting deputy adjutant
17general.
AB400, s. 57
18Section
57. 21.18 (2) of the statutes is renumbered 321.10 (4) and amended
19to read:
AB400,31,2120
321.10
(4) No person
shall may be appointed
on to the governor's
military staff
21who has not had previous
state or U.S. military experience.
AB400, s. 58
22Section
58. 21.18 (3) of the statutes is renumbered 321.10 (5) and amended
23to read:
AB400,32,424
321.10
(5) All staff officers appointed under sub. (1), except the adjutant
25general whose tenure is governed by ss. 15.31 and 17.07 (5), shall hold their positions
1unless until terminated
earlier by resignation, disability,
or death or for cause or
2unless federal recognition of the officer's commission under
32 USC 323 is refused
3or withdrawn. The governor shall remove an officer whose federal recognition is
4refused or withdrawn, effective on the date of the loss of federal recognition.
AB400, s. 59
5Section
59. 21.18 (4) of the statutes is renumbered 321.10 (6).
AB400, s. 60
6Section
60. 21.18 (5) of the statutes is renumbered 321.10 (7) and amended
7to read:
AB400,32,138
321.10
(7) The adjutant general shall appoint persons to fill vacancies in
9positions
in on the military staff of the governor
under sub. (1). Vacancies on the
10military staff of the governor shall be filled by appointment from officers actively
11serving in the national guard, except as provided in s. 15.31. Interim vacancies shall
12be filled by appointment by the adjutant general for the
residue remainder of the
13unexpired term.
AB400, s. 61
14Section
61. 21.19 (title) of the statutes is repealed.
AB400, s. 62
15Section
62. 21.19 (1) of the statutes is renumbered 321.04 (1) (a) and amended
16to read:
AB400,32,2517
321.04
(1) (a)
The adjutant general shall be Be the military chief of staff to the
18governor.
The adjutant general shall have the custody of all property, military
19records, correspondence and other documents relating to the national guard and any
20other military forces organized under the laws of this state. The adjutant general
21may appoint an assistant quartermaster general to issue and account for state
22property. The adjutant general shall be the medium of military correspondence with
23the governor and perform all other duties pertaining to the office or prescribed by
24law, including the preparation and submission to the governor of reports under s.
2515.04 (1) (d).
AB400, s. 63
1Section
63. 21.19 (1m) of the statutes is renumbered 321.04 (1) (i) and
2amended to read:
AB400,33,53
321.04
(1) (i)
The adjutant general shall administer Administer, with the
4approval of the governor, state-federal cooperative funding agreements
related to
5the department.
AB400, s. 64
6Section
64. 21.19 (2) of the statutes is renumbered 321.03 (2) (intro.) and
7amended to read:
AB400,33,98
321.03
(2) (intro.) The department
of military affairs on behalf of the state may
9rent do any of the following:
AB400,33,15
10(a) Enter into an agreement to rent to appropriate organizations or individuals
11state-owned lands, buildings, and facilities used by, acquired for, or erected for the
12national guard when not required for use by the national guard.
Such A rental
shall 13agreement under this paragraph is not
be effective unless in writing and approved
14in writing by the
governor and the adjutant general or
a his or her designee
in
15writing.
AB400, s. 65
16Section
65. 21.19 (3) (a) of the statutes is renumbered 321.03 (2) (b) and
17amended to read:
AB400,33,2318
321.03
(2) (b)
The department of military affairs on behalf of the state, upon 19Upon appraisal by the state chief engineer submitted to the governor in writing
, may 20sell and convey upon such terms as the department of military affairs may
21determine, and with
the written approval of the governor
in writing sell and convey,
22any state-owned property acquired or erected for state military purposes,
which if
23the property is no longer useful to the national guard.
AB400, s. 66
24Section
66. 21.19 (3) (b) of the statutes is repealed.
AB400, s. 67
1Section
67. 21.19 (4) of the statutes is renumbered 321.04 (1) (g) and amended
2to read:
AB400,34,93
321.04
(1) (g)
The adjutant general shall be the auditor of Audit all military
4accounts
, and all accounts or claims payable from the treasury of the state for
5military purposes
shall be regularly audited by the adjutant general before payment.
6The adjutant general shall cause to be prepared and issued all necessary books and
7forms required by the adjutant general's office for the national guard. All of the books
8and forms shall be made to conform as nearly as practicable to those in use in the
9United States army.
AB400, s. 68
10Section
68. 21.19 (5) of the statutes is renumbered 321.10 (2) and amended
11to read:
AB400,34,1412
321.10
(2) In the absence or incapacity of the adjutant general
, the senior
13ranking deputy adjutant general for army or air shall have all the powers and duties
14of the adjutant general.
AB400, s. 69
15Section
69. 21.19 (6) of the statutes is repealed.
AB400, s. 70
16Section
70. 21.19 (7) (a) (intro.) of the statutes is repealed.
AB400, s. 71
17Section
71. 21.19 (7) (a) 1. of the statutes is renumbered 321.04 (1) (f) and
18amended to read:
AB400,34,2119
321.04
(1) (f) Have
charge of control over all
the military property
of the state 20and
shall military records and carefully preserve, repair
, and account for the
military 21property
and records.