21.36
21.36
National guard rules and regulations. 21.36(1)
(1) The rules of discipline and the regulations of the armed forces of the U.S. shall, so far as the same are applicable, constitute the rules of discipline and the regulations of the national guard; the rules and uniform code of military justice established by congress and the department of defense for the armed forces shall be adopted so far as they are applicable and consistent with the Wisconsin code of military justice for the government of the national guard, and the system of instruction and the drill regulations prescribed for the different arms and corps of the armed forces of the U.S. shall be followed in the military instruction and practice of the national guard, and the use of any other system is forbidden.
21.36(2)
(2) The governor may make and publish rules, regulations, and orders for the government of the national guard, not inconsistent with the law, and cause the rules, regulations, or orders, together with any related laws, to be printed and distributed in book form, or another form, in any number that the governor considers necessary. The governor may provide for all books and forms that may be necessary for the proper discharge of the duty of all officers. The governor may delegate the authority under this subsection to the adjutant general by executive order.
21.37
21.37
The Wisconsin code of military justice. The Wisconsin code of military justice as created by
chapter 20, laws of 1969, shall govern the conduct of all members of the national guard and any other military force organized under the laws of this state. The revisor of statutes shall not print the Wisconsin code of military justice in the statutes.
21.37 Annotation
Limitation of court martial to service connected crimes. 1970 WLR 172.
21.38
21.38
Uniform of Wisconsin national guard. The uniform of the national guard shall be that prescribed by regulations for the corresponding branch of the United States armed forces.
21.42
21.42
Status, powers and property of units. 21.42(1)
(1) Every federally recognized company sized unit, when such organization is perfected, shall without any further proceeding constitute a corporate body to be known by the name by which such company is officially designated under the military laws and regulations of the state, and shall possess all the powers necessary and convenient to accomplish the objects and perform the duties prescribed by law.
21.42(2)
(2) The members of such company sized unit in good standing and no others shall constitute the members of such corporation and shall elect 3 trustees who shall manage and administer the business of such corporation. The trustees shall elect one of their number president, and one vice president and shall also elect a secretary.
21.42(3)
(3) Each such company sized unit may take by purchase, devise, gift or otherwise and hold property and with the approval of the adjutant general sell, convey and mortgage such property so long as such company sized unit is an existing unit and a part of the national guard of Wisconsin. All such property shall be in the custody and control of the trustees.
21.42(4)
(4) Whenever any such company sized unit shall be disbanded as provided by law such corporation shall cease to exist and all property belonging to it shall become the property of the state.
21.43
21.43
Commissions and rank. The governor shall issue commissions to all officers whose appointments are approved by the governor. Every commission shall be countersigned by the secretary of state and attested by the adjutant general and continue as provided by law. Each officer so commissioned shall take and file with the department of military affairs the oath of office prescribed by
article IV, section 28, of the constitution. All commissioned officers shall take rank according to the date assigned them by their commissions, and when 2 of the same grade rank from the same date, their rank shall be determined by length of service in the national guard creditable for pay, and if of equal service then by lot.
21.43 History
History: 1983 a. 27,
192.
21.47
21.47
Examinations for promotion or appointments. The governor may order any subordinate officer or person nominated or recommended for promotion or appointment in the national guard to be examined by any competent officer or board of officers, designated in orders for that purpose, as to that person's qualifications for the office to which that person may be recommended or appointed, and may take such action on the report of such examining officer or board of officers as the governor deems to be for the best interests of the service. The governor may also require the physical examination provided for admission to the United States army or air force.
21.47 History
History: 1983 a. 27;
1991 a. 316.
21.48(1)(1) Each officer and enlisted person of the 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.
21.48(2)
(2) The governor may, by orders, duplicates of which shall be filed with the secretary of state, fix the pay of any member of the governor's staff, or other members of the national guard for any special service under orders.
21.48(3)
(3) The governor may order, with their consent, to active duty in the department of military affairs, any departmental officers of the governor's staff, including the adjutant general and the deputy adjutants general, and while so assigned the officers shall receive the pay, but not the allowances, of an officer of equal grade in the armed forces of the United States.
21.49
21.49
Educational benefits. 21.49(1)
(1)
Definitions. In this section:
21.49(1)(ae)
(ae) "Department" means the department of military affairs.
21.49(1)(am)
(am) "Full-time study" means a credit load of 12 or more academic credits in an academic term.
21.49(1)(ar)
(ar) "Guard member" means any person who is a member of the national guard.
21.49(1)(b)
(b) "Qualifying school" means any of the following:
21.49(1)(b)1.
1. The extension division and any campus of the University of Wisconsin System.
21.49(1)(b)1g.
1g. A public institution of higher education under the Minnesota-Wisconsin student reciprocity agreement under
s. 39.47.
21.49(1)(b)1m.
1m. A public institution of higher education under an interstate agreement under
s. 39.42.
21.49(1)(b)2.
2. Except as provided in
subds. 1g. and
1m., an accredited institution of higher education located in this state, as defined in
20 USC 1002.
21.49(1)(c)
(c) "Tuition grant" means any tuition cost reimbursement payment made by the department under
sub. (3).
21.49(2)
(2) Eligible guard member. Eligibility for a tuition grant under this section is limited to a guard member who is not:
21.49(2)(b)
(b) An individual with a baccalaureate degree or its equivalent.
21.49(2)(d)
(d) Failing to meet the national guard service eligibility criteria established by the department or absent without leave for more than 9 unit training assemblies.
21.49(2)(e)
(e) Delinquent in child support or maintenance payments and who does not owe past support, medical expenses or birth expenses, as established by the appearance of the guard member's name on the statewide support lien docket under
s. 49.854 (2) (b), unless the guard member provides to the department a payment agreement that has been approved by the county child support agency under
s. 59.53 (5) and that is consistent with rules promulgated under
s. 49.858 (2) (a).
21.49(2)(f)
(f) Failing to achieve a minimum grade point average of 2.0 or an average grade of "C" for the semester for which reimbursement is requested.
21.49(2m)
(2m) Information regarding attendance. The department shall promulgate by rule the number of days after commencement of a course that a guard member shall provide the department with the following information regarding his or her intent to seek reimbursement for a course under this section:
21.49(2m)(b)
(b) The qualifying school that the guard member is attending.
21.49(2m)(c)
(c) Whether the guard member is enrolled full time or part time at the qualifying school.
21.49(2m)(d)
(d) An estimate of the tuition grant that will be claimed after the completion date of the course.
21.49(3)(a)(a) Any eligible guard member upon satisfactory completion of a full-time or part-time course in a qualifying school is eligible for a tuition grant equal to 100% of the actual tuition charged by the school or 100% of the maximum resident undergraduate tuition charged by the University of Wisconsin-Madison for a comparable number of credits, whichever amount is less.
21.49(3)(b)1.
1. Be submitted to the department for approval of payment no later than 60 days after the completion date of the course;
21.49(3)(b)2.
2. Contain such information and be in such form as the department requires to establish that the applicant qualifies for the grant; and
21.49(3)(b)3.
3. Contain the signatures of both the guard member claiming the grant and a representative of the school, certifying that the member has satisfactorily completed the course and has achieved the minimum grade point average or grade, as required under
sub. (2) (f).
21.49(3)(c)
(c) Except as provided under
par. (d), upon determination that the applicant is eligible to receive the payment, the department shall make payment of the tuition grant to the applicant in the amount determined under
par. (a).
21.49(3m)
(3m) Repayment of grants. The department shall require a guard member who has received a grant under this section to repay the amount of the grant to the department if the national guard member, on or after September 1, 2001, is separated from the national guard for misconduct, as defined in the rules and regulations of the national guard, including being absent without leave for more than 9 unit training assemblies. The department may elect to collect the amount owed under this subsection through the tax intercept program under
s. 71.93.
21.49(4)(a)(a) No guard member is eligible for benefits under this section for more than 120 credits of part-time study or 8 full semesters of full-time study or the equivalent thereof.
21.49(4)(b)
(b) If the U.S. congress establishes an active draft after July 1, 1977, no new grants may be authorized under this section. The department shall determine if an active draft has been established. Any termination of the grant program under this paragraph shall allow persons receiving grants prior to the establishment of an active draft to receive full benefits subject to
sub. (3) (d) and
par. (a).
21.49(4)(c)
(c) No guard member may receive a grant under
sub. (3) for any semester in which he or she received a payment under
s. 45.20 (2).
21.50
21.50
Military property accountability. 21.50(1)
(1) Each commanding officer to whom state or federal military property is issued may be required to execute to the state a bond, with such sureties and in such form and amount as the adjutant general shall approve, conditioned for the faithful preservation and care of all such arms, accoutrements, moneys, or stores, that the officer received, to indemnify the state against loss by misuse or misapplication by the officer or any other person; to account for all of the same according to law, and to deliver the same to any officer lawfully entitled thereto, on demand, and to pay all sums lawfully appraised for losses or damages.
21.50(2)
(2) The unit commander is the legal custodian of the money, property and effects of any company sized unit or detachment of the national guard, whether said property is owned by said unit or detachment or its members collectively, or has been issued to it or any of its officers, for its use by state or United States authority, and may sue for and recover possession of the same, whenever wrongfully withheld from the unit commander's custody or the custody of the unit or detachment.
21.50(3)
(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 national guard responsible to the state for moneys and military property.
21.50(4)
(4) Each company commander, with the approval of the adjutant general, may employ an armorer to assist in the proper care of military property for which the company commander is accountable.
21.51
21.51
Discharge of officers. Any officer may be discharged by the governor pursuant to the Wisconsin code of military justice or upon resignation or disability preventing full discharge of the duties of his or her office.
21.51 History
History: 1991 a. 316.
21.52
21.52
Authority to administer oaths. Any officer of the national guard or any officer of the U.S. armed forces may administer oaths of enlistment.
21.52 History
History: 1979 c. 221.
21.54
21.54
Resignation of officer. A commissioned officer may resign the officer's commission to the officer's immediate commanding officer, in writing, who shall promptly forward the same through military channels to the adjutant general. The governor shall, by order, accept or reject the same, and, if accepted, fix the date of its taking effect. No resignation shall take effect except as so ordered.
21.54 History
History: 1991 a. 316.
21.56
21.56
Lost and obsolete property. 21.56(1)
(1) All state-owned military property issued to any officer or armory facility manager shall be audited annually as a part of the annual inspection of federal property accounts. When damages other than fair wear and tear or loss of state-owned property is discovered, the adjutant general shall appoint a surveying officer to determine the cause and fix blame. Upon review, the adjutant general may hold responsible individuals pecuniarily liable, and may require a depreciated payment, as determined by the adjutant general, into the state treasury. If it is determined that the property was damaged, destroyed or lost without fault or neglect on the part of those responsible, all concerned may be relieved of liability.
21.56(2)
(2) Whenever any state-owned military property becomes unsuitable, unserviceable or no longer required for military purposes, it shall be disposed of as surplus property subject to
s. 16.72 (4) and
(5).
21.57
21.57
Disposition of property on separation and death. 21.57(1)(1) Whenever any officer who is responsible for state property is separated or reassigned, all property in the officer's possession or for which the officer is responsible shall be delivered to the person designated to receive the property by the adjutant general. No separation shall be effective until all property accounts have been settled.
21.57(2)
(2) In case of the death of any officer having custody of state property, the next in command shall immediately take charge of such property and deliver the same to the person appointed to receive the property by the adjutant general.
21.57 History
History: 1975 c. 189,
421.
21.59
21.59
Issue of subsistence. The adjutant general, during state active duty of the national guard or state defense force, shall issue subsistence to personnel.
21.60
21.60
Discharge of enlistees. Enlistees shall be discharged as provided in the laws and regulations of the United States governing the national guard.
21.60 History
History: 1975 c. 94 s.
91 (1).
21.61(1)(1) The governing body of any city, village, town or county in which one or more companies of the national guard may be located may erect or purchase a suitable armory for the purpose of drill and for the safekeeping of the arms, equipment, uniforms and other military property furnished by the state, and for public meetings and conventions, when such use will not interfere with the use of such building by the national guard. Plans and specifications for such armories shall be inspected and approved by the governor and the adjutant general who shall file with the governing body of the city, village, town or county a certificate of such inspection and approval prior to the erection thereof.
21.61(3)
(3) The governing body of any city, village, town or county in which any such company of the national guard may be located may purchase land and build armories in the same manner as the governing body is now authorized by law to build other city, village, town or county buildings, and when unable to agree upon the price of land with its owner may, if in its opinion necessary, appropriate land for the purpose of building armories in the same manner as the governing body is now authorized by law to appropriate real estate for other city, village, town or county buildings. In case however a city, village, town or county shall have aided in the erection of an armory and the company or companies of the national guard for which the armory was erected shall at any time be disbanded, then the armory shall become the property of the city, village, town or county in which the armory is erected.
21.61(4)
(4) Such armory, when erected or purchased, shall be under the control and charge of the governor, the adjutant general and commanding officer of the company or companies of the national guard for which it has been provided. The commanding officer shall cause to be deposited therein, all arms, uniforms and equipment received from the governor and the adjutant general who may make such rules as they deem proper for the observance of all officers and persons having charge of such armories or occupying any part thereof.
21.61(5)
(5) Whenever any county, city, town or village erects a building as a memorial to the soldiers, sailors and marines who served in any war or armed conflict of the United States and makes provision therein for the accommodation of one or more companies of the national guard having no regularly established armory, the governor, adjutant general or other state officers having control of armory accommodations and regulations shall, whenever practicable, rent the armory provided in such memorial building for the use of companies of the national guard.
21.612
21.612
Transfer of lands for military purposes. Any county, city, town or village may transfer land or may acquire land for the purpose of transferring the same, by gift or otherwise, to the state for state military purposes, and any such transfers or acquisitions heretofore made for such purposes are validated.
