GENERAL PROVISIONS
321.01
321.01
Definitions. In this chapter:
321.01(1)
(1) "Active duty" means federal active duty or state active duty.
321.01(2)
(2) "Department" means the department of military affairs.
321.01(3)
(3) "Facility" includes armory, base, installation, and airfield.
321.01(5)
(5) "Law enforcement agency" means an agency of the federal government, a federally recognized Indian tribe or band, or a state or political subdivision of a state, whose purpose is the detection and prevention of crime and enforcement of laws or ordinances.
321.01(6)
(6) "Law enforcement officer" means any person employed by a law enforcement agency who is authorized to make arrests for violations of the laws or ordinances that the person is employed to enforce.
321.01(7)
(7) "Military property" includes arms, clothing, equipment, publications, supplies, and vehicles owned by or in the custody of the department.
321.01(8)
(8) "Military records" means correspondence, medical records, personnel records, and other documents in the custody of the department.
321.01(9)
(9) "National guard," unless the context otherwise requires, means both the Wisconsin army national guard and the Wisconsin air national guard.
321.01(10)
(10) "Political subdivision" means a city, village, town, or county.
321.01(11)
(11) "State active duty" means full-time state duty in the national guard, or state defense force when activated, under an order of the governor or under an order otherwise issued by authority of law, and includes travel to and from that duty.
321.01(12)
(12) "Unit" means a formally organized division or subset of the national guard or state defense force.
321.01(13)
(13) "Wisconsin code of military justice" means the Wisconsin Code of Military Justice under
ch. 322.
321.01 History
History: 2007 a. 200.
321.02
321.02
Powers and duties of the governor. 321.02(1)
(1) The governor may request volunteers from the national guard to provide assistance to federal, state and local law enforcement officers, within or outside the boundaries of this state, in drug interdiction and counter-drug activities under
32 USC 112. These activities may include the operation and maintenance of equipment and facilities. The governor may order, with their consent, any national guard members who volunteer under this subsection to duty in federally funded status. The governor may delegate his or her authority under this subsection to the adjutant general. The adjutant general shall follow all laws and regulations of the U.S. department of defense when ordering national guard members to perform drug interdiction and counter-drug activities under this subsection.
321.02(2)
(2) A national guard member assisting in drug interdiction and counter-drug activities under this subsection shall obey the instructions of a law enforcement officer from the assisted agency involved in these activities that are given to the national guard member through the military chain of command.
321.02 History
History: 1991 a. 47;
2007 a. 200 ss.
141,
206; Stats. 2007 s. 321.02.
321.03
321.03
Powers and duties of the department. 321.03(1)
(1) The department shall do all of the following:
321.03(1)(b)
(b) Provide facilities and support for the national guard.
321.03(1)(c)
(c) Administer the Challenge Academy program for disadvantaged youth under
32 USC 509. The department shall determine eligibility criteria for the Challenge Academy consistent with federal law. Annually, the department shall do all of the following:
321.03(1)(c)1.
1. Calculate the state share of the average cost per pupil attending the Challenge Academy program and report this information to the department of public instruction.
321.03(1)(c)2.
2. Notwithstanding
s. 118.125, report to each school district in which a pupil attending the program resides the pupil's name and the name and address of the pupil's custodial parent or guardian.
321.03(2)
(2) The department may do any of the following:
321.03(2)(a)
(a) Enter into an agreement to rent to appropriate organizations or individuals state-owned lands, buildings, and facilities used by, acquired for, or erected for the national guard when not required for use by the national guard. A rental agreement under this paragraph is not effective unless in writing and approved in writing by the adjutant general or his or her designee.
321.03(2)(b)
(b) Upon appraisal by the state chief engineer submitted to the governor in writing and with written approval of the governor sell and convey, any state-owned property acquired or erected for state military purposes, if the property is no longer useful to the national guard.
321.03 History
History: 1983 a. 27;
1997 a. 237;
2001 a. 109;
2005 a. 475;
2007 a. 162;
2007 a. 200 ss.
17 to
20m,
64 to
65,
86 to
88; Stats. 2007 s. 321.03.
321.04
321.04
Powers and duties of the adjutant general. 321.04(1)(1) The adjutant general or his or her designee shall do all of the following:
321.04(1)(a)
(a) Be the military chief of staff to the governor.
321.04(1)(b)
(b) Advise the governor on military issues and transmit military correspondence to and from the governor.
321.04(1)(c)
(c) Under orders from the governor, draw from the state treasury the money necessary for paying national guard members on state active duty.
321.04(1)(d)
(d) Provide necessary medical supplies and services to the national guard during periods of state active duty not otherwise provided under this chapter and
ch. 102, to be charged to the appropriation under
s. 20.465 (1) (c).
321.04(1)(e)
(e) Provide a United States flag or state flag to the next of kin of each deceased member of the national guard who dies during state active duty, to be charged to the appropriation under
s. 20.465 (1) (c).
321.04(1)(f)
(f) Have control over all military property and military records and carefully preserve, repair, and account for the military property and records.
321.04(1)(g)
(g) Audit all military accounts and all accounts or claims payable from the treasury of the state for military purposes before payment.
321.04(1)(h)
(h) Keep an account of all moneys received and expended by the department.
321.04(1)(i)
(i) Administer, with the approval of the governor, state-federal cooperative funding agreements related to the department.
321.04(1)(j)
(j) Prepare the training of national guard members.
321.04(1)(k)
(k) Transport or contract for the transportation of national guard members and military property.
321.04(1)(L)
(L) Provide or contract for the provision of all necessary military property, lodging, and meals for members and units of the national guard, subject to
s. 16.71 (1).
321.04(1)(m)
(m) Prepare and issue all necessary accounting books and forms for the national guard. All of the accounting books and forms shall conform as nearly as practicable to those in use in the U.S. army or air force.
321.04(1)(n)
(n) Cooperate with the federal government in the operation and maintenance of distance learning centers for the use of current and former members of the national guard and the U.S. armed forces. The adjutant general may charge rent for the use of a center by a nonmilitary or nonfederal person. All moneys received under this paragraph shall be credited to the appropriation account under
s. 20.465 (1) (i).
321.04(1)(o)
(o) Provide the department of veterans affairs information on all necessary military points of contact and general deployment information for activated and deployed members of the national guard.
321.04(1)(q)
(q) Perform the customary duties of his or her office.
321.04(1)(r)
(r) Assist national guard members who may have been exposed to depleted uranium in obtaining the best practice health screening test from the federal department of veterans affairs to test for exposure to depleted uranium using a bioassay procedure involving methods sufficiently sensitive to detect depleted uranium at low levels.
321.04(2)
(2) The adjutant general or his or her designee may do any of the following:
321.04(2)(a)
(a) Make, publish, and have printed policies, regulations, and instructions for the governance of the national guard.
321.04(2)(b)
(b) Provide for all books and forms necessary for the proper discharge of the duty of all officers of the national guard.
321.04(2)(c)
(c) When any military property is wrongfully held by another person, bring an action in the name of the state to recover possession of the property or the money value of the property.
321.04(2)(d)
(d) Upon receipt of a meritorious request for a state flag and within the limits of the appropriation under
s. 20.465 (1) (e), furnish a flag without charge to the person who requested it.
321.04(2)(e)
(e) Activate members of the national guard to serve on an honors detail of military funeral honors for a person described under
s. 45.60 (1).
321.04 History
History: 2007 a. 200 ss.
41,
62 to
63,
67,
71 to
81m,
96,
100,
207 to
213; Stats. 2007 s. 321.04.
321.05
321.05
Permission to forces of other states. 321.05(1)
(1) Any military unit of another state that is in fresh pursuit of insurrectionists, terrorists, or enemy forces may continue the pursuit into this state until a military unit or law enforcement agency of this state or the U.S. military has had a reasonable opportunity to take up the pursuit or capture the persons. The military unit of the other state may arrest or capture those persons in this state while in fresh pursuit.
321.05(2)
(2) Any person who is captured or arrested by the military unit of another state while in this state shall without unnecessary delay be surrendered to a military unit or law enforcement agency of this state.
321.05 History
History: 2007 a. 200 ss.
25 to
26; Stats. 2007 s. 321.05.
MILITARY OFFICERS
321.10
321.10
Military staff of governor. 321.10(1)
(1) The military staff of the governor shall consist of the following:
321.10(1)(a)
(a) An adjutant general, with a minimum rank of brigadier general and a maximum rank of lieutenant general.
321.10(1)(b)
(b) A deputy adjutant general for army, whose rank may not exceed brigadier general, unless selected for a military position requiring federal recognition as a major general.
321.10(1)(c)
(c) A deputy adjutant general for air, whose rank may not exceed brigadier general, unless selected for a military position requiring federal recognition as a major general.
321.10(1)(d)
(d) Two assistant adjutants general for army, whose rank may not exceed brigadier general.
321.10(1)(e)
(e) A joint chief of staff, whose rank may may not exceed major general.
321.10(1)(f)
(f) An assistant adjutant general for air, whose rank may not exceed brigadier general.
321.10(1)(g)
(g) A chief surgeon for army, whose rank may not exceed major general.
321.10(1)(h)
(h) A chief surgeon for air, whose rank may not exceed major general.
321.10(1)(i)
(i) A staff judge advocate for army, whose rank may not exceed major general.
321.10(1)(j)
(j) A staff judge advocate for air, whose rank may not exceed major general.
321.10(1)(k)
(k) A state chaplain, either army or air, whose rank may not exceed major general.
321.10(1)(L)
(L) Such other officers as the governor deems necessary.
321.10(2)
(2) In the absence or incapacity of the adjutant general, the senior ranking deputy adjutant general for army or air shall have all the powers and duties of the adjutant general.
321.10(3)
(3) In the event a deputy adjutant general for army or for air is appointed to a military position as a major general, the adjutant general shall appoint, for any periods of absence of that deputy adjutant general due to other military duties, an acting deputy adjutant general. The adjutant general may appoint one of the assistant adjutants general as an acting deputy adjutant general.
321.10(4)
(4) No person may be appointed to the governor's military staff who has not had previous state or U.S. military experience.
321.10(5)
(5) 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 until terminated by resignation, disability, or death or for cause or 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.
321.10(6)
(6) 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.
321.10(7)
(7) The adjutant general shall appoint persons to fill vacancies in positions on the military staff of the governor under
sub. (1). 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 remainder of the unexpired term.
321.10 History
History: 1981 c. 35;
1983 a. 391;
1987 a. 63;
2003 a. 25,
69,
326;
2007 a. 200 ss.
51 to
60,
68,
215; Stats. 2007 s. 321.10.
321.11
321.11
United States property and fiscal officer. 321.11(1)(1) The adjutant general shall recommend a candidate for appointment as the U.S. property and fiscal officer for the national guard, subject to the concurrence of the governor, from federally commissioned officers actively serving in the 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.
