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SB70-SSA2-SA2,110,2
1322.001 (15) “Military offenses" means those offenses prescribed under articles
277, principals; 78, accessory after the fact; 80, attempts; 81, conspiracy; 82,
3solicitation; 83, fraudulent enlistment, appointment, or separation; 84, unlawful
4enlistment, appointment, or separation; 85, desertion; 86, absence without leave; 87,
5missing movement; 88, contempt toward officials; 89, disrespect towards superior
6commissioned officer; 90, assaulting or willfully disobeying superior commissioned
7officer; 91, insubordinate conduct toward warrant officer, noncommissioned officer,
8or petty officer; 92, failure to obey order or regulation; 93, cruelty and maltreatment;
993a, prohibited activities with military recruit or trainee by a person in a position of
10special trust;
94, mutiny or sedition; 95, resistance, flight, breach of arrest, and
11escape; 96, releasing prisoner without proper authority; 97, unlawful detention; 98,
12noncompliance with procedural rules; 99, misbehavior before the enemy; 100,
13subordinate compelling surrender; 101, improper use of countersign; 102, forcing a
14safeguard; 103, captured or abandoned property; 104, aiding the enemy; 105,
15misconduct as prisoner; 107, false official statements; 108, military property — loss,
16damage, destruction, or wrongful disposition; 109, property other than military
17property — waste, spoilage, or destruction; 110, improper hazarding of vessel; 111,
18drunken or reckless operation of a vehicle, aircraft, or vessel; 112, drunk on duty;
19112a, wrongful use, or possession of controlled substances; 113, misbehavior of
20sentinel; 114, dueling; 115, malingering; 116, riot or breach of peace; 117, provoking
21speeches or gestures; 120, rape and sexual assault generally; 120a, stalking; 120b,
22rape and sexual assault of a child; 120c, sexual misconduct; 121, larceny and
23wrongful appropriation; 122, robbery; 123, forgery; 124, maiming; 126, arson; 127,
24extortion; 128, assault; 129, burglary; 130, housebreaking; 131, perjury;
132, frauds

1against the government; 132a, retaliation; 133, conduct unbecoming an officer and
2a gentleman; and
; 134, general; and 134h, sexual harassment; of this code.
SB70-SSA2-SA2,134 3Section 134. 322.001 (16) of the statutes is repealed.
SB70-SSA2-SA2,135 4Section 135. 322.036 of the statutes is amended to read:
SB70-SSA2-SA2,110,13 5322.036 Article 36 — Governor may prescribe regulations Pretrial,
6trial, and post-trial procedures
. Pretrial, trial, and post-trial procedures not
7specified in this code
, including modes of proof, for courts-martial cases arising
8under this code, and for courts of inquiry, may shall be prescribed by the governor
9by regulations, or as otherwise provided by law, which shall apply the principles of
10law and the rules of evidence generally recognized in military criminal cases in the
11courts of the armed forces but which may not be contrary to or inconsistent with this
12code
adjutant general in writing and made publicly available on the department of
13military affairs' website
.
SB70-SSA2-SA2,136 14Section 136. 322.056 (2) of the statutes is amended to read:
SB70-SSA2-SA2,110,1715 322.056 (2) A conviction by a general court-martial of any military offense for
16which an accused may receive a sentence of confinement for more than 1 year is a
17felony offense.
SB70-SSA2-SA2,137 18Section 137. 322.056 (5) of the statutes is amended to read:
SB70-SSA2-SA2,110,2219 322.056 (5) The limits of punishment for violations of the punitive sections
20under Subch. X shall be those under the Uniform Code of Military Justice, unless
21otherwise
prescribed by the governor according to ss. 322.018 to 322.020, but under
22no instance shall any punishment exceed that authorized by this code.
SB70-SSA2-SA2,138 23Section 138. 322.0935 of the statutes is created to read:
SB70-SSA2-SA2,110,25 24322.0935 Article 93a — Prohibited activities with military recruit or
25trainee by a person in a position of special trust.
(1) In this section:
SB70-SSA2-SA2,111,3
1(a) “Applicant for military service” means a person who, under regulations
2prescribed by the secretary of the relevant military branch, is an applicant for
3original enlistment or appointment in the state military forces.
SB70-SSA2-SA2,111,64 (b) “Military recruiter” means a person who, under regulations prescribed by
5the secretary of the relevant military branch, has the primary duty to recruit persons
6for military service.
SB70-SSA2-SA2,111,97 (c) “Prohibited sexual activity” means any sexual act, as defined in s. 322.120
8(1) (e), or any sexual contact, as defined in s. 322.120 (1) (f), or any attempt or
9solicitation to commit a sexual act or sexual contact.
SB70-SSA2-SA2,111,1110 (d) “Specially protected junior member of the state military forces” means any
11of the following:
SB70-SSA2-SA2,111,1412 1. A member of the state military forces who is assigned to, or is awaiting
13assignment to, basic training or other initial active duty for training, including a
14member who is enlisted under a delayed entry program.
SB70-SSA2-SA2,111,1615 2. A member of the state military forces who is a cadet, candidate, or
16midshipman, or a student in any other officer qualification program.
SB70-SSA2-SA2,111,1917 3. A member of the state military forces in any program that, by regulation
18prescribed by the secretary of the relevant military branch, is identified as a training
19program for initial career qualification.
SB70-SSA2-SA2,111,2520 (e) “Training leadership position” means, with respect to a specially protected
21junior member of the state military forces, any drill instructor position or other
22leadership position in a basic training program, an officer candidate school, a reserve
23officers' training corps unit, a training program for entry into the state military
24forces, or any program that, by regulation prescribed by the secretary of the relevant
25military branch, is identified as a training program for initial career qualification.
SB70-SSA2-SA2,112,4
1(2) Any officer, noncommissioned officer, or petty officer who is in a training
2leadership position and engages in prohibited sexual activity with a specially
3protected junior member of the state military forces shall be punished as a
4court-martial may direct.
SB70-SSA2-SA2,112,8 5(3) Any person who is a military recruiter and engages in prohibited sexual
6activity with an applicant for military service or a specially protected junior member
7of the state military forces who is enlisted under a delayed entry program shall be
8punished as a court-martial may direct.
SB70-SSA2-SA2,112,10 9(4) Consent is not a defense for any conduct at issue in a prosecution under this
10section.
SB70-SSA2-SA2,139 11Section 139. 322.120 (1) (a) of the statutes is repealed.
SB70-SSA2-SA2,140 12Section 140. 322.120 (3) (a) (intro.) of the statutes is amended to read:
SB70-SSA2-SA2,112,1413 322.120 (3) (a) (intro.) Commits a sexual act upon another person without
14consent
by doing any of the following:
SB70-SSA2-SA2,141 15Section 141. 322.120 (3) (b) of the statutes is renumbered 322.120 (3) (b)
16(intro.) and amended to read:
SB70-SSA2-SA2,112,1817 322.120 (3) (b) (intro.) Commits a sexual act upon another person when under
18one of the following circumstances:
SB70-SSA2-SA2,112,20 192. When the person knows or reasonably should know that the other person is
20asleep, unconscious, or otherwise unaware that the sexual act is occurring.
SB70-SSA2-SA2,142 21Section 142. 322.120 (3) (b) 1. of the statutes is created to read:
SB70-SSA2-SA2,112,2222 322.120 (3) (b) 1. Without the consent of the other person.
SB70-SSA2-SA2,143 23Section 143. 322.1325 of the statutes is created to read:
SB70-SSA2-SA2,112,24 24322.1325 Article 132a — Retaliation. (1) In this section:
SB70-SSA2-SA2,112,2525 (a) “Protected communication” means any of the following:
SB70-SSA2-SA2,113,2
11. A lawful communication to a member of Congress, a member of the
2Wisconsin legislature, the governor, or an inspector general.
SB70-SSA2-SA2,113,103 2. A communication to a member of the U.S. department of defense or the U.S.
4national guard bureau, a law enforcement officer, a state agency, a legislative service
5agency, a person in the chain of command, or a court-martial proceeding in which
6a member of the state military forces complains of, or discloses information that the
7member reasonably believes constitutes evidence of, a violation of a law or
8regulation, including a law or regulation prohibiting sexual harassment or unlawful
9discrimination, or gross mismanagement, a gross waste of funds, an abuse of
10authority, or a substantial and specific danger to public health or safety.
SB70-SSA2-SA2,113,1211 (b) “Unlawful discrimination” means discrimination on the basis of race, color,
12religion, sex, or national origin.
SB70-SSA2-SA2,113,17 13(2) Any person who, with intent to retaliate against any person for reporting
14or planning to report a criminal or military offense or for making or planning to make
15a protected communication, or with intent to discourage any person from reporting
16a criminal or military offense or making a protected communication, does any of the
17following shall be punished as a court-martial may direct:
SB70-SSA2-SA2,113,1918 (a) Wrongfully takes or threatens to take an adverse personnel action against
19any person.
SB70-SSA2-SA2,113,2120 (b) Wrongfully withholds or threatens to withhold a favorable personnel action
21with respect to any person.
SB70-SSA2-SA2,144 22Section 144. 322.133 of the statutes is amended to read:
SB70-SSA2-SA2,114,2 23322.133 Article 133 — Conduct unbecoming an officer and a gentleman.
24Any commissioned officer, cadet, candidate, or midshipman who is convicted of

1conduct unbecoming an officer and a gentleman shall be punished as a court-martial
2may direct.
SB70-SSA2-SA2,145 3Section 145. 322.1345 of the statutes is created to read:
SB70-SSA2-SA2,114,7 4322.1345 Article 134h — Sexual harassment. Any person who knowingly
5makes an unwelcome sexual advance, demand, or request for a sexual favor or
6knowingly engages in other unwelcome conduct of a sexual nature shall be punished
7as a court-martial may direct if all of the following apply:
SB70-SSA2-SA2,114,9 8(1) The sexual advance, demand, request, or conduct of a sexual nature
9satisfies any of the following conditions:
SB70-SSA2-SA2,114,1510 (a) It would, under the circumstances, cause a reasonable person to believe, and
11at least one person did believe, that submission to or rejection of such an advance,
12demand, request, or conduct would be made, either explicitly or implicitly, a term or
13condition of that person's job, pay, career, benefits, or entitlements or would be used
14as a basis for decisions affecting that person's job, pay, career, benefits, or
15entitlements.
SB70-SSA2-SA2,114,1816 (b) It was so severe, repetitive, or pervasive that a reasonable person would
17perceive, and at least one person did perceive, an intimidating, hostile, or offensive
18working environment.
SB70-SSA2-SA2,114,21 19(2) The sexual advance, demand, request, or conduct of a sexual nature was to
20the prejudice of good order and discipline in the state military forces or of a nature
21to bring discredit upon the state military forces, or both.
SB70-SSA2-SA2,9331 22Section 9331. Initial applicability; Military Affairs.
SB70-SSA2-SA2,115,223 (1) Report on substantive changes to the Uniform Code of Military Justice.
24The reporting requirement under s. 321.03 (1) (f) 2. first applies to a substantive

1change to the Uniform Code of Military Justice that is made on or after October 1,
22023.
SB70-SSA2-SA2,115,63 (2) Reporting of sexual assault and sexual harassment within the Wisconsin
4national guard.
The reporting requirement under s. 321.04 (1) (s) first applies to a
5reported incident of sexual assault or sexual harassment that is made on or after
6October 1, 2023.”.
SB70-SSA2-SA2,115,7 7219. Page 374, line 11: after that line insert:
SB70-SSA2-SA2,115,8 8 Section 146. 20.465 (3) (bm) of the statutes is created to read:
SB70-SSA2-SA2,115,119 20.465 (3) (bm) Statewide public safety interoperable communication system.
10As a continuing appropriation, the amounts in the schedule to develop and operate
11a statewide public safety interoperable communication system.”.
SB70-SSA2-SA2,115,12 12220. Page 374, line 11: after that line insert:
SB70-SSA2-SA2,115,13 13 Section 147. 256.35 (3s) (a) 2m. of the statutes is created to read:
SB70-SSA2-SA2,115,1614 256.35 (3s) (a) 2m. “Emergency services IP network provider” means an entity
15under contract with the department under par. (b) to create, operate, and maintain
16an emergency services IP network.
SB70-SSA2-SA2,148 17Section 148. 256.35 (3s) (a) 3m. of the statutes is created to read:
SB70-SSA2-SA2,115,2118 256.35 (3s) (a) 3m. “Next Generation 911 costs” means the costs incurred in the
19operation of a Next Generation 911 emergency number system by an originating
20service provider and, if applicable, the 3rd-party provider it uses to connect to an
21emergency services IP network.
SB70-SSA2-SA2,149 22Section 149. 256.35 (3s) (b) of the statutes is amended to read:
SB70-SSA2-SA2,116,923 256.35 (3s) (b) Emergency services IP network contracts. The department shall
24invite bids to be submitted under s. 16.75 and, from the appropriation under s. 20.465

1(3) (qm), contract for the creation, operation, and maintenance of an emergency
2services IP network that to the greatest extent feasible relies on industry standards
3and existing infrastructure to provide all public safety answering points with the
4network necessary to implement Next Generation 911. Any contract under this
5paragraph shall include a requirement that the emergency services IP network
6provider reimburse any originating service provider or, if applicable, the 3rd-party
7providers it uses to connect to an emergency services IP network for all Next
8Generation 911 costs incurred by the originating service provider or, if applicable, the
93rd-party provider.
SB70-SSA2-SA2,150 10Section 150. 256.35 (3s) (bf) of the statutes is created to read:
SB70-SSA2-SA2,116,1511 256.35 (3s) (bf) Next Generation 911 cost recovery. An emergency services IP
12network provider shall reimburse any originating service provider or, if applicable,
13the 3rd-party provider it uses to connect to an emergency services IP network for all
14Next Generation 911 costs incurred by the originating service provider or, if
15applicable, the 3rd-party provider.”.
SB70-SSA2-SA2,116,16 16221. Page 374, line 11: after that line insert:
SB70-SSA2-SA2,116,17 17 Section 151. 20.465 (1) (km) of the statutes is amended to read:
SB70-SSA2-SA2,116,2218 20.465 (1) (km) Agency services. The amounts in the schedule to render
19services to the department and to other state agencies, perform services under s.
20321.03 (2) (c),
and perform other general program operations. All moneys received
21from other state agencies and all moneys received by the department from the
22department for services rendered shall be credited to this appropriation.
SB70-SSA2-SA2,152 23Section 152. 321.03 (2) (c) of the statutes is created to read:
SB70-SSA2-SA2,117,4
1321.03 (2) (c) Provide aerial assistance for incident awareness and assessment,
2drug interdiction and counter-drug activities, search and rescue efforts, or disasters,
3as defined in s. 323.02 (6). The department may seek reimbursement for the cost of
4any assistance provided under this paragraph.”.
SB70-SSA2-SA2,117,5 5222. Page 374, line 11: after that line insert:
SB70-SSA2-SA2,117,6 6 Section 153. 15.01 (6) of the statutes is amended to read:
SB70-SSA2-SA2,117,197 15.01 (6) “Division," “bureau," “section," and “unit" means the subunits of a
8department or an independent agency, whether specifically created by law or created
9by the head of the department or the independent agency for the more economic and
10efficient administration and operation of the programs assigned to the department
11or independent agency. The office of credit unions in the department of financial
12institutions, the office of the inspector general in the department of children and
13families, the office of the inspector general in the department of health services, and
14the office of children's mental health in the department of health services have the
15meaning of “division" under this subsection. The office of the long-term care
16ombudsman under the board on aging and long-term care, the office of homeland
17security under the department of military affairs,
and the office of educational
18accountability in the department of public instruction have the meaning of “bureau"
19under this subsection.
SB70-SSA2-SA2,154 20Section 154. 15.317 of the statutes is created to read:
SB70-SSA2-SA2,117,23 2115.317 Same; offices. (1) Office of homeland security. There is created an
22office of homeland security in the department of military affairs. The director of the
23office shall be appointed by the adjutant general.
SB70-SSA2-SA2,155
1Section 155. 20.005 (3) (schedule) of the statutes: at the appropriate place,
2insert the following amounts for the purposes indicated: - See PDF for table PDF - See PDF for table PDF - See PDF for table PDF - See PDF for table PDF
SB70-SSA2-SA2,156 3Section 156. 20.465 (1) (am) of the statutes is created to read:
SB70-SSA2-SA2,118,54 20.465 (1) (am) Office of homeland security. The amounts in the schedule for
5the general operations of the office of homeland security under 321.52.
SB70-SSA2-SA2,157 6Section 157. 321.52 of the statutes is created to read:
SB70-SSA2-SA2,118,10 7321.52 Office of homeland security. The office of homeland security shall
8coordinate with the federal department of homeland security and state and local law
9enforcement agencies to identify, investigate, assess, report, and share tips and leads
10linked to emerging homeland security threats.
SB70-SSA2-SA2,9131 11Section 9131. Nonstatutory provisions; Military Affairs.
SB70-SSA2-SA2,118,15 12(1e) Positions for the office of homeland security. The authorized FTE
13positions for the department of military affairs are increased by 4.0 GPR positions,
14to be funded from the appropriation under s. 20.465 (1) (am), for the office of
15homeland security.”.
SB70-SSA2-SA2,118,16 16223. Page 374, line 11: after that line insert:
SB70-SSA2-SA2,118,17 17 Section 158. 20.866 (2) (ug) of the statutes is amended to read:
SB70-SSA2-SA2,119,418 20.866 (2) (ug) Transportation; accelerated bridge improvements. From the
19capital improvement fund, a sum sufficient to acquire, construct, develop, enlarge or
20improve local bridges under s. 84.11 and interstate bridges under s. 84.12. The state

1may contract public debt in an amount not to exceed $46,849,800 for this purpose.
2In addition, the state may contract public debt in an amount not to exceed
3$50,000,000 for the construction of the Southern Bridge project crossing the Fox
4River in Brown County.
”.
SB70-SSA2-SA2,119,5 5224. Page 374, line 11: after that line insert:
SB70-SSA2-SA2,119,6 6 Section 159. 20.866 (2) (uw) of the statutes is amended to read:
SB70-SSA2-SA2,119,167 20.866 (2) (uw) Transportation; rail acquisitions and improvements and
8intermodal freight facilities.
From the capital improvement fund, a sum sufficient
9for the department of transportation to acquire railroad property under ss. 85.08 (2)
10(L) and 85.09; to provide grants and loans for rail property acquisitions and
11improvements under s. 85.08 (4m) (c) and (d); and to provide intermodal freight
12facilities grants under s. 85.093. The state may contract public debt in an amount
13not to exceed $250,300,000 $320,300,000 for these purposes. The state may contract
14additional public debt in an amount up to $30,000,000 for these purposes. The state
15may contract additional public debt in an amount up to $20,000,000 for these
16purposes.
”.
SB70-SSA2-SA2,119,17 17225. Page 374, line 11: after that line insert:
SB70-SSA2-SA2,119,18 18 Section 160. 20.866 (2) (uv) of the statutes is amended to read:
SB70-SSA2-SA2,120,219 20.866 (2) (uv) Transportation, harbor improvements. From the capital
20improvement fund, a sum sufficient for the department of transportation to provide
21grants for harbor improvements. The state may contract public debt in an amount
22not to exceed $120,000,000 $183,300,000 for this purpose. The state may contract
23additional public debt in an amount up to $32,000,000 for this purpose. The state

1may contract additional public debt in an amount up to $15,300,000 for this
2purpose.
”.
SB70-SSA2-SA2,120,3 3226. Page 374, line 11: after that line insert:
SB70-SSA2-SA2,120,4 4 Section 161. 20.395 (4) (fq) of the statutes is created to read:
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