2003 WISCONSIN ACT 69
An Act to amend 21.01 (2), 21.025 (1), 21.025 (2) (d), 21.07, 21.13 (1), 21.13 (2), 21.16 (1), 21.18 (3), 21.19 (2), 21.19 (3) (b), 21.28 (1), 21.30, 21.32, 21.35, 21.48 (1), 21.49 (1) (ar), 21.50 (3), 21.72 (1) (c), 21.75 (1) (a), 21.75 (1) (d), 21.80 (3) (a) (intro.), 21.80 (3) (a) 1., 21.80 (3) (a) 4., 36.11 (47) (intro.), 38.12 (13) (intro.), 39.48 and 40.05 (4g) (a) 3.; and to create 21.80 (1) (a) 3. of the statutes; relating to: benefits and eligibility of Wisconsin residents who are members of the national guard in another state.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
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1. 21.01 (2) of the statutes is amended to read:
21.01 (2) The Wisconsin national guard shall be organized into army national guard and air national guard units, and "national guard" when used in this chapter, unless the context otherwise requires, includes means both the Wisconsin army national guard and the Wisconsin air national guard.
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2. 21.025 (1) of the statutes is amended to read:
21.025 (1) Authority and name. The adjutant general may establish a plan for organizing a military force to be known as the Wisconsin state defense force. The adjutant general may organize the Wisconsin state defense force under the plan if all or part of the Wisconsin national guard is called into the service of the United States. It shall be distinct from the national guard, uniformed, and composed of officers, commissioned or assigned, and of enlisted personnel who volunteer for service. Membership in the Wisconsin state defense force may not include any person who is in the active military forces, including the reserve components. Persons in the retired reserve may serve in the Wisconsin state defense force.
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3. 21.025 (2) (d) of the statutes is amended to read:
21.025 (2) (d) The adjutant general may organize a cadre force of not more than 12 personnel at each state-owned armory. Each cadre force shall establish recruitment lists of persons interested in becoming members of the state defense force, which may be used to recruit full units for the state defense force in case the Wisconsin national guard is mobilized for active federal duty.
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4. 21.07 of the statutes is amended to read:
21.07 Decorations and awards. The adjutant general may prescribe decorations and awards for the Wisconsin national guard and the state defense force, the form and issue thereof made under rules adopted by the adjutant general and approved by the governor.
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5. 21.13 (1) of the statutes is amended to read:
21.13 (1) If any state resident who is a member of the a national guard of any state or
of the state defense force 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, the action against 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 if the act performed by the member was in the line of duty. The costs and expenses of any such defense 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 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.
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6. 21.13 (2) of the statutes is amended to read:
21.13 (2) Any civil action or proceeding brought against a member of the a national guard or the state defense force under sub. (1) is subject to ss. 893.82 and 895.46.
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7. 21.16 (1) of the statutes is amended to read:
21.16 (1) No person may wear the uniform of the Wisconsin national guard or of the U.S. army, air force, navy, or marine corps, or a reserve component of the U.S. armed forces, except a person who is regularly enrolled in the U.S. army, air force, navy, or marine corps, a reserve component of the U.S. armed forces, the national guard of one of the states or one of the student cadet companies armed and recognized by the national or a state government, a person retired from active service or a reserve component, or a person who is an inmate of any veterans' or soldiers' home. Any person violating this subsection shall forfeit not less than $10 nor more than $100. The district attorney of the county in which any such offense is committed shall bring an action in the name of the state against the offender.
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8. 21.18 (3) of the statutes is amended to read: