Chapter 321

321.66   Leave for Civil Air Patrol service.

321.67   Death gratuity; national guard and state defense force.

321.68   Continuation of payment.

subch. I of ch. 321 SUBCHAPTER I

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(4) (4) “Federal active duty” means full-time duty in the active military service of the United States, as defined in 10 USC 101 (d) or 32 USC 502, 503, or 904.

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)(a) (a) Administer the national guard.

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(1)(d) (d) Assist the department of transportation in making the determinations under s. 343.16 (2) (f).

321.03(1)(e) (e) Apply for contracts and receive and expend moneys and grants from the federal government related to homeland security.

321.03(1)(f) (f)

321.03(1)(f)1. 1. In this paragraph, “substantive change” means any change that modifies the elements of a punitive article of the Uniform Code of Military Justice, creates a punitive article in the Uniform Code of Military Justice, or repeals a punitive article from the Uniform Code of Military Justice.

321.03(1)(f)2. 2. By July 1 of each year, submit to the appropriate standing committees of the legislature in the manner provided under s. 13.172 (3) a report that summarizes any substantive changes that have been made to the Uniform Code of Military Justice during the prior federal fiscal year, compares those substantive changes to the Wisconsin Code of Military Justice, and provides recommendations to the legislature regarding whether those substantive changes to the Uniform Code of Military Justice should be incorporated into the Wisconsin Code of Military Justice. The report shall be the subject of a public hearing, conducted no less often than annually, by the appropriate standing committees of the legislature.

321.03(1)(g) (g) Establish and maintain a case management system that allows the national guard to manage and track all case-related information for cases of misconduct within the national guard.

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; 2013 a. 20 s. 171; 2023 a. 48, 49.

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)(p) (p) Perform the duties under s. 321.51 (2) (e).

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(1)(s) (s)

321.04(1)(s)1. 1. By February 1 of each year, submit to the governor and to the appropriate standing committees of the legislature in the manner provided under s. 13.172 (3), and publish on the department’s website, an annual report on sexual assault and sexual harassment within the Wisconsin national guard. The report shall be the subject of a public hearing, conducted no less often than annually, by the appropriate standing committees of the legislature. The report shall include, at a minimum, all of the following information for the prior federal fiscal year:

321.04(1)(s)1.a. a. Data regarding all reported incidents of sexual assault and sexual harassment made by members of the Wisconsin national guard during that period, including the numbers of restricted and unrestricted reports of sexual assault and reports of sexual harassment, and historical trends relating to that data for the 5 fiscal years preceding the fiscal year covered in the report. For unrestricted reports of sexual assault and for reports of sexual harassment, the report shall also include all of the following information: the type of conduct that was reported to have occurred; the duty status of the members involved at the time of the incident; information on the status of the report, including whether the case was referred for additional investigation; and a summary of any resolution or discipline taken, including whether criminal charges were referred or filed.

321.04(1)(s)1.b. b. A summary of any training relating to preventing and responding to incidents of sexual assault and sexual harassment that was provided to members of the Wisconsin national guard in the preceding year.

321.04(1)(s)1.c. c. A summary of any current federal national guard bureau policies relating to preventing and responding to incidents of sexual assault and sexual harassment that were enacted during that period and a description of how those policies are being implemented in the Wisconsin national guard.

321.04(1)(s)1.d. d. A summary of the current policies and procedures related to preventing and responding to incidents of sexual assault and sexual harassment in the Wisconsin national guard and any changes made since the prior report.

321.04(1)(s)2. 2. The report under subd. 1. shall protect the privacy of victims of sexual assault and sexual harassment and may not provide any personal identifying information that would allow a victim to be identified.

321.04(1)(sm) (sm) Prescribe in writing and make publicly available on the department’s website the procedures required under s. 322.036.

321.04(1)(t) (t) Prescribe in writing, make publicly available on the department’s website, and implement a policy that ensures that any victim of an offense under the Wisconsin code of military justice is treated with dignity, respect, courtesy, sensitivity, and fairness.

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(2)(f) (f) Perform the duties under s. 321.51 (2) (b).

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; 2015 a. 197 s. 51; 2023 a. 47, 48.

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.

subch. II of ch. 321 SUBCHAPTER II

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.