321.39(1)(a)(a) The governor may order into state active duty members of the national guard under the following circumstances: 321.39(1)(a)1.1. In case of war, insurrection, rebellion, riot, invasion, terrorism, or resistance to the execution of the laws of this state or of the United States. 321.39(1)(a)2.2. In the event of public disaster resulting from flood, fire, tornado, or other natural disaster. 321.39(1)(a)3.3. If the governor declares a state of emergency relating to public health under s. 323.10. 321.39(1)(a)4.4. In order to assess damage or potential damage and to recommend responsive action as a result of an event listed in subds. 1. to 3. 321.39(1)(a)5.5. 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. 321.39(1)(b)(b) If the governor is absent, or cannot be immediately communicated with, any of the persons listed in par. (a) 5. may, if the occasion is urgent, request assistance from the commander of any national guard unit. The commander shall obtain approval of the adjutant general before ordering the unit to provide assistance. If it is not feasible to obtain approval of the adjutant general, and the danger is great and imminent, the commander may order the unit to provide assistance without adjutant general approval. The order shall be delivered to every subordinate officer, who shall immediately communicate the substance of the order to the members of the unit. If a member cannot be found, the substance of the order, in writing, shall be left at the member’s place of residence with some person of suitable age and discretion, to whom the order’s contents shall be explained. 321.39(2)(a)(a) Any commissioned officer or enlisted member of the national guard 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. 321.39(2)(b)(b) Any person who assists an officer or member of the national guard in violating par. (a) shall be subject to a forfeiture of not less than $200 nor more than $1,000. 321.40321.40 Educational benefits. 321.40(1)(a)(a) “Full-time study” means a credit load of 12 or more academic credits in an academic term. 321.40(1)(b)(b) “Guard member” means any person who is a member of the national guard. 321.40(1)(c)(c) “Qualifying school” means any of the following: 321.40(1)(c)1.1. The extension division and any campus of the University of Wisconsin System. 321.40(1)(c)2.2. A public institution of higher education under the Minnesota-University of Wisconsin System student reciprocity agreement under s. 36.27 (2r) or a public vocational school under the Minnesota-Wisconsin public vocational school reciprocity agreement under s. 39.47. 321.40(1)(c)3.3. A public institution of higher education under an interstate agreement under s. 39.42. 321.40(1)(c)4.4. Except as provided in subds. 2. and 3., an accredited institution of higher education located in this state, as defined in 20 USC 1002. 321.40(1)(d)(d) “Tuition grant” means any tuition cost payment made by the department under sub. (3). 321.40(2)(2) Eligible guard member. Eligibility for a tuition grant under this section is limited to a guard member who is not: 321.40(2)(b)(b) An individual with a baccalaureate degree or its equivalent. 321.40(2)(c)(c) Failing to meet the national guard duty eligibility criteria established by the department or absent without leave for more than 9 unit training assemblies. 321.40(2)(d)(d) 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). 321.40(2)(e)(e) Failing to achieve satisfactory academic progress in a qualifying school when the tuition grant is applied for. 321.40(2)(f)(f) Failing to be an actively drilling guard member when the tuition grant is applied for.