321.39 (1) (a) 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; in.

2. In the event of public disaster resulting from flood, conflagration or fire, tornado; in, or other natural disaster.

4. In order to assess damage or potential damage and to recommend responsive action as a result of natural or man-made events; or upon an event listed in subds. 1. to 3.

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, the governor may order into active service all or any portion of the national guard.

(b) If the governor is absent, or cannot be immediately communicated with, any such civil officer of the persons listed in par. (a) 5. may, if the officer deems the occasion so is urgent, make such application, which shall be in writing, to request assistance from the commanding officers of any company, battalion or regiment, who may upon commander of any national guard unit. The commander shall obtain approval of the adjutant general, if the danger is great and imminent, order out that officer's command to the aid of such civil officer. Such 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 the commanding officer, who shall immediately communicate the order to each, and every subordinate officer, and every company commander receiving the same who shall immediately communicate the substance thereof to each member of the order to the members of the company, or if any such unit. If a member cannot be found, a notice in writing containing the substance of such the order, in writing, shall be left at the last and usual member's place of residence of such member with some person of suitable age and discretion, to whom its the order's contents shall be explained.

200,40 Section 40. 21.11 (2) of the statutes is renumbered 321.39 (2) (a) and amended to read:

321.39 (2) (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.

(b) Any person who advises or endeavors to persuade an officer or soldier to refuse or neglect to appear at such place or obey such order assists an officer or member of the national guard in violating par. (a) shall forfeit be subject to a forfeiture of not less than $200 nor more than $1,000.

200,41 Section 41. 21.11 (3) of the statutes is renumbered 321.04 (2) (e) and amended to read:

321.04 (2) (e) The adjutant general may activate Activate members of the national guard for the purpose of serving to serve on an honors detail of military funeral honors for a person described under s. 45.60 (1).

200,42 Section 42. 21.12 of the statutes is renumbered 321.43 and amended to read:

321.43 Exemption from civil authority. During the time the national guard or state military forces are defense force is performing military duty pursuant to proper under orders issued by the governor or by the governor's authority adjutant general, all of its members thereof, while going to, remaining at , or returning from a place of duty shall be are exempt from arrest or service of any process issued by a civilian court. In any civil or criminal prosecution against any member arising out of the member's performing military duty, it shall be a defense that the member was acting in good faith or pursuant to any under a lawful military order. Any such The order shall be deemed prima facie considered lawful unless shown to be unlawful.

200,43 Section 43. 21.13 (title) of the statutes is renumbered 321.42 (title).

200,44 Section 44. 21.13 (1) of the statutes is renumbered 321.42 (1) (a) and amended to read:

321.42 (1) (a) If any state resident who is a member of a the national guard of any state or of the state defense force or any resident of this state who is a member of the national guard of another state is prosecuted by any civil or criminal action for any act performed by the member while in the performance of military duty and in pursuance of military duty within the scope of his or her employment as a member, the action against governor, upon request of the adjutant general, shall appoint counsel to defend the member shall be defended by counsel, which may include the attorney general, appointed for that purpose by the governor upon the recommendation of the adjutant general. The adjutant general shall make the recommendation request to appoint defense counsel if the act performed by the member was in the line of duty. The governor may appoint the attorney general to defend the member.

(b) The costs and expenses of any such the defense under par. (a) shall be audited by the department of administration and paid out of the state treasury and charged to the appropriation under s. 20.455 (1) (b) and if. If the jury or court finds that the member of the national guard against whom the action is brought acted within the scope of his or her employment as a member, the judgment as to damages entered against the member shall also be paid by the state.

200,45 Section 45. 21.13 (2) of the statutes is renumbered 321.42 (2) and amended to read:

321.42 (2) Any civil action or proceeding brought against a member of a national guard or the state defense force under sub. (1) (a) is subject to ss. 893.82 and 895.46.

200,46 Section 46. 21.15 (title) of the statutes is repealed.

200,47 Section 47. 21.15 of the statutes is renumbered 321.21 (5) (a) and amended to read:

321.21 (5) (a) No person may retain at any time any arms, equipment or military stores of any kind belonging to the state or any federally owned property issued to the state property or money, unless the property or money has been lawfully issued to the person pursuant to law and the proper authority permits the person to retain the property or money in the discharge of a public duty. No person may use any public arms, equipment, clothing or military stores belonging to the state, either as owner or bailee, property or money for the person's unauthorized private use. Any person violating this section paragraph shall forfeit not less than $50 $100 nor more than $200 $1,000.

200,48 Section 48. 21.155 (title) of the statutes is repealed.

200,49 Section 49. 21.155 of the statutes is renumbered 321.21 (5) (b) and amended to read:

321.21 (5) (b) No A person who possesses under the laws of this state any arms, equipment or other military property may willfully neglect or refuse or money, after the adjutant general makes lawful demand is made for the return of the property by order of the governor, to or money shall return the property or money promptly. No person may knowingly resist any officer who is lawfully taking possession of such arms, equipment or other the military property or money. Any person violating this section paragraph shall forfeit not less than $50 $100 nor more than $200 $1,000.

200,50 Section 50. 21.17 of the statutes is renumbered 321.24, and 321.24 (1) and (2), as renumbered, are amended to read:

321.24 (1) The officer in charge of any area used or to be used for military purposes may cause the area to be marked in such a manner so as mark the area to warn against encroachment by unauthorized persons, but may not to unnecessarily obstruct travel on any public highway. No person may encroach upon or enter upon the area without the consent of the officer.

(2) No person may intercept, molest, abuse or otherwise interfere with any member of the national guard or any other military force organized under the laws of this state defense force while the member is in the performance of military duty.

200,51 Section 51. 21.18 (title) and (1) (intro.) of the statutes are renumbered 321.10 (title) and (1) (intro.).

200,52c Section 52c. 21.18 (1) (a) of the statutes is renumbered 321.10 (1) (a).