AB400,17,10 7321.30 Composition of national guard. (1) The organized militia of this
8state shall be known as the "Wisconsin national guard" and shall consist of members
9appointed commissioned or enlisted therein in accordance with federal law or
10regulations governing or pertaining to the national guard.

AB400,17,14 11(2) The Wisconsin national guard shall be organized into consist of the army
12national guard and the air national guard units, and "national guard" when used in
13this chapter, unless the context otherwise requires, means both the Wisconsin army
14national guard and the Wisconsin air national guard.

AB400,17,17 17321.03 (title) Department Powers and duties of the department.

AB400,17,2120 321.03 (1) (intro.) The department of military affairs shall do all of the
21following:

AB400,18,2

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1321.03 (1) (b) Provide facilities and support for the national guard and any
2other support available from the appropriations under s. 20.465.

AB400,18,187 321.51 (1) Authority and name. The adjutant general may establish a plan for
8organizing a military force to be known as the Wisconsin state defense force. "state
9defense force." The governor, or adjutant general if designated by the governor, may
10organize the Wisconsin state defense force under the plan, which may include an
11aviation unit, if all or part of the national guard is called into the service of the United
12States. It federal active duty. The state defense force shall be a uniformed force
13distinct from the national guard, uniformed, and composed of officers, commissioned
14or assigned, officers and of enlisted personnel who volunteer for service.
15Membership in the Wisconsin state defense force may not include any A person who
16is on active duty in the active military U.S. armed forces, including the active reserve
17components, may not serve in the state defense force. Persons A person in the retired
18or inactive reserve may serve in the Wisconsin state defense force.

AB400,19,6 19(2) (a) The governor or adjutant general, if designated by the governor, may
20prescribe rules and regulations not inconsistent, instructions, and policies
21consistent with this section governing the enlistment, organization, administration,
22equipment, uniforms, maintenance, training, and discipline of such forces, except
23that such rules and regulations, insofar as the state defense force. The regulations,
24instructions, and policies, to the extent the governor deems practicable and desirable
25considers necessary, shall conform to existing law governing and pertaining to the

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1national guard and the rules and regulations promulgated thereunder and. The
2regulations, instructions, and policies shall prohibit the acceptance of a member of
3the state defense force from accepting any gifts, donations, gratuities, or anything
4other things of value by such forces or by any member of such forces from any person
5by reason of such membership given to the member because he or she is a member
6of the state defense force other than wages and benefits paid by the state.

AB400,19,97 (c) Officers and enlistees, while on state active duty under orders of the
8governor, in the state defense force shall receive the base pay and allowances of the
9identical grade in the United States U.S. army.

AB400,19,1510 (d) The adjutant general may organize a cadre force recruitment and training
11unit of not more than 12 personnel persons at each state-owned state armory. Each
12cadre force shall The unit shall establish recruitment lists of persons interested in
13becoming members of the state defense force, which may be used to recruit full units
14for the state defense force in case the national guard is mobilized for active federal
15duty, and train the persons recruited.

AB400,20,7 16(3) Requisitions; armories; other buildings. For the use of such forces, the The
17governor or adjutant general, if designated by the governor, may requisition military
18property from the federal government such arms and equipment as may be available,
19and the for the use of the state defense force. The governor or adjutant general, if
20designated by the governor, may make available to the state defense force the
21facilities of state armories and their equipment and such military property and other
22state premises and property as may be available and may, through the. The
23department of military affairs, may rent or lease buildings or parts of buildings and
24grounds for armory purposes or continue in possession of such those premises leased
25by the department of military affairs for the use of the national guard, paying rental

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1therefor out of funds appropriated rent from the appropriation under s. 20.465 (1) (a).
2All leases so made shall made under this subsection terminate upon dissolution of
3the Wisconsin state defense force regardless of the term provided therein in the lease,
4unless the premises shall be are needed for national guard purposes, in which case
5the. The lease for the premises needed for the national guard may be assigned by
6the department of military affairs to the national guard organization intending that
7intends to occupy the premises.

AB400,20,10 8(4) Use without outside this state. Such forces shall The state defense force
9may not be required to serve outside the boundaries of this state except unless one
10of the following applies:

AB400,20,1611 (a) Upon the request of the governor of another state, the governor of this state
12may order any portion or orders all or part of such forces the state defense force to
13assist the a military unit or police forces of such law enforcement agency of the other
14state who are actually engaged in defending such other state. Such forces may be
15recalled by the. The governor at the governor's discretion may recall the state
16defense force from the other state at any time.

AB400,21,817 (b) Any organization, unit, or detachment of such forces, upon Upon order of
18the officer in immediate command thereof, may continue, the state defense force
19continues in fresh pursuit of insurrectionists, saboteurs, enemies terrorists, or
20enemy forces beyond the borders of this state into another state until they are
21apprehended or captured by such organization, unit, or detachment or until the a
22military unit or police forces law enforcement agency of the other state or the forces
23of the United States have had a reasonable opportunity to take up the pursuit or to
24apprehend or capture such those persons, provided such. Any pursuit under this
25subsection may only take place if the other state shall have given gives authority by

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1law for such the pursuit by such forces of this state. Any such person who shall be
2apprehended or is captured in such the other state by an organization, unit, or
3detachment of the forces of this the state defense force shall without unnecessary
4delay be surrendered to the a military unit or police forces law enforcement agency
5of the state in which the person is taken captured or to the United States, but such.
6The surrender of the person captured shall not constitute a waiver by this state of
7its the right to extradite or prosecute such the person for any crime committed in this
8state.

AB400,21,14 9(5) Federal service active duty. Nothing in this section shall be construed as
10authorizing such forces, or any part thereof to be called, ordered, or in any manner
11No unit of the state defense force may be drafted, as such, into the U.S. military
12service of the United States, but no. No person shall by reason of enlistment or
13commission in any such forces membership in the state defense force be exempted
14from military service under any law of the United States federal active duty.

AB400,21,18 15(6) Disqualifications. No person shall be commissioned or enlisted in such
16forces who is not a citizen of the United States or who has been expelled or
17dishonorably discharged from any military or naval organization, of this state, or of
18another state, or of the United States may be a member of the state defense force.

AB400,21,22 19(7) Oath of officers. The oath to be taken by officers commissioned or enlistees
20in such forces the state defense force shall be substantially in the form prescribed for
21officers of the national guard. The oath shall be filed in the same manner as in the
22national guard.

AB400,22,2 23(8) Enlistees. No person shall may be enlisted in the state defense force for
24more than one year, but such enlistment may be renewed. The oath to be taken upon

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1enlistment in such forces shall be substantially in the form prescribed for enlistees
2of the national guard.

AB400,22,4 3(10) Labor disputes. The state defense force shall may not be used to interfere
4with the orderly process of a labor dispute.

AB400,22,1710 321.05 (1) Any military forces or organization, unit, or detachment thereof, of
11another state who are that is in fresh pursuit of insurrectionists, saboteurs, enemies
12terrorists, or enemy forces may continue such the pursuit into this state until the a
13military unit or police forces law enforcement agency of this state or the forces of the
14United States have U.S. military has had a reasonable opportunity to take up the
15pursuit or to apprehend or capture such persons, and such the persons. The military
16forces of such unit of the other state may arrest or capture such those persons within
17in this state while in fresh pursuit.

AB400,22,21 18(2) Any such person who shall be is captured or arrested by the military forces
19of such other unit of another state while in this state shall without unnecessary delay
20be surrendered to the a military unit or police forces law enforcement agency of this
21state to be dealt with according to law.

AB400,23,143 321.51 (9) Officers and enlistees of the "Wisconsin State Defense Force" state
4defense force who have served honorably therein for a period of at least one year and
5are active members of their respective units at the time of its demobilization shall
6may, upon application to the unit commander, be permitted to retain the items of
7their uniform prescribed by the governor by rule. (b) The. If retained, the uniform
8prescribed under par. (a) may be worn only on occasions of ceremony. "Occasions of
9ceremony" means occasions essentially of a military character at which the uniform
10is more appropriate than civilian clothing, such as memorial services, military
11weddings, military funerals, military balls, military parades, military reunions, and
12meetings or functions of associations formed for military purposes, the membership
13of which is composed largely or entirely of honorably discharged veterans of the
14services members of the U.S. military, national guard, and state defense force.

AB400,23,21 17321.20 Distribution of arms military property. The governor may receive
18and distribute, according to law, the quota of arms and military equipment which
19property that the state may receive receives from the U.S. government of the United
20States under the provisions of any acts of congress federal laws providing for arming
21and equipping of the national guard and the state defense force.

AB400,24,3 23321.22 Camp Williams. (1) The state camp grounds facility near Camp
24Douglas, Juneau County, shall be known as "Camp Williams". The officer in charge
25of Camp Williams shall have at said camp the police powers possessed by officials at

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1state hospitals, as provided in s. 46.058 (2) may arrest a person for a violation that
2occurs at Camp Williams of a state law, local ordinance, or provision of the Wisconsin
3code of military justice.

AB400,24,6 4(2) The adjutant general may grant to the federal government the right to use
5any area of Camp Williams upon such conditions as that the adjutant general deems
6advisable.

AB400,24,11 7(3) In memory of 1st lieutenant Jerome A. Volk, the first Wisconsin air national
8guard pilot killed in combat during the Korean conflict, so much of Camp Williams
9as is under lease to the federal government for use of the air national guard shall be
10known as "Volk Field" during the time the property remains under lease to the U.S.
11government of the United States.

AB400,24,18 13321.32 Term of enlistment; requirements and discharge. Every person
14who enlists or receives a commission in the national guard shall serve for the term
15prescribed and satisfy the physical, educational and training requirements
16prescribed by the U.S. national guard bureau. Enlistees in the national guard shall
17be discharged as provided in the laws and regulations of the U.S. national guard
18bureau.

AB400,24,23 20321.44 Exemptions from certain county duties. Every member of the
21national guard or state military forces shall be defense force is exempt from service
22on any body of county residents summoned by the sheriff to assist in preserving the
23peace.

AB400,25,5

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1321.38 Decorations and awards. The adjutant general may prescribe
2decorations and awards for the national guard and the state defense force, the. The
3adjutant general shall adopt policies establishing the form and issue thereof made
4under rules adopted by the adjutant general and approved by the governor issuance
5of those decorations and awards.

AB400,25,17 7321.41 Training; special schools; pay and allowances. The governor or
8adjutant general may order the national guard or state defense force to assemble for
9training at any military establishment within or without the state specified and
10approved by the department of defense and fix the dates and places thereof, and the
11of that training. The governor or adjutant general may order members of the
12national guard or state defense force, at their option, to attend such special schools
13for military training as may be that are authorized by the state or federal
14government. For such training and attendance at special schools, members The
15governor or adjutant general shall determine the amount that the members of the
16national guard or state defense force shall receive such as pay and allowances as the
17federal government or the governor may authorize for the training.

AB400,25,20 20321.39 (title) Call to state active service duty.

AB400,25,2423 321.39 (1) (a) 1. In case of war, insurrection, rebellion, riot, invasion, terrorism,
24or resistance to the execution of the laws of this state or of the United States; in.

AB400,26,2

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

AB400,26,5 34. In order to assess damage or potential damage and to recommend responsive
4action as a result of natural or man-made events; or upon an event listed in subds.
51. to 3.

AB400,26,9 65. Upon application of any marshal of the United States, the president of any
7village, the mayor of any city, the chairperson of any town board, or any sheriff in this
8state, the governor may order into active service all or any portion of the national
9guard.

AB400,27,2 10(b) If the governor is absent, or cannot be immediately communicated with, any
11such civil officer of the persons listed in par. (a) 5. may, if the officer deems the
12occasion so is urgent, make such application, which shall be in writing, to request
13assistance from the commanding officers of any company, battalion or regiment, who
14may upon commander of any national guard unit. The commander shall obtain
15approval of the adjutant general, if the danger is great and imminent, order out that
16officer's command to the aid of such civil officer. Such before ordering the unit to
17provide assistance. If it is not feasible to obtain approval of the adjutant general, and
18the danger is great and imminent, the commander may order the unit to provide
19assistance without adjutant general approval. The order shall be delivered to the
20commanding officer, who shall immediately communicate the order to each, and
21every subordinate officer, and every company commander receiving the same who
22shall immediately communicate the substance thereof to each member of the order
23to the members of the company, or if any such unit. If a member cannot be found,
24a notice in writing containing the substance of such the order, in writing, shall be left

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1at the last and usual member's place of residence of such member with some person
2of suitable age and discretion, to whom its the order's contents shall be explained.

AB400,27,75 321.39 (2) (a) Any commissioned officer or enlisted member of the national
6guard who fails to carry out orders or fails to appear at the time or place ordered as
7provided in sub. (1) shall be punished under the Wisconsin code of military justice.

AB400,27,11 8(b) Any person who advises or endeavors to persuade an officer or soldier to
9refuse or neglect to appear at such place or obey such order assists an officer or
10member of the national guard in violating par. (a) shall forfeit be subject to a
11forfeiture of not less than $200 nor more than $1,000.

AB400,27,1614 321.04 (2) (e) The adjutant general may activate Activate members of the
15national guard for the purpose of serving to serve on an honors detail of military
16funeral honors for a person described under s. 45.60 (1).

AB400,28,2 18321.43 Exemption from civil authority. During the time the national guard
19or state military forces are defense force is performing military duty pursuant to
20proper under orders issued by the governor or by the governor's authority adjutant
21general, all of its members thereof , while going to, remaining at, or returning from
22a place of duty shall be are exempt from arrest or service of any process issued by a
23civilian court. In any civil or criminal prosecution against any member arising out
24of the member's performing military duty, it shall be a defense that the member was

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1acting in good faith or pursuant to any under a lawful military order. Any such The
2order shall be deemed prima facie considered lawful unless shown to be unlawful.

AB400,28,176 321.42 (1) (a) If any state resident who is a member of a the national guard
7of any state or of the state defense force or any resident of this state who is a member
8of the national guard of another state is prosecuted by any civil or criminal action for
9any act performed by the member while in the performance of military duty and in
10pursuance of military duty within the scope of his or her employment as a member,
11the action against governor, upon request of the adjutant general, shall appoint
12counsel to defend the member shall be defended by counsel, which may include the
13attorney general, appointed for that purpose by the governor upon the
14recommendation of the adjutant general. The adjutant general shall make the
15recommendation request to appoint defense counsel if the act performed by the
16member was in the line of duty. The governor may appoint the attorney general to
17defend the member.

AB400,28,23 18(b) The costs and expenses of any such the defense under par. (a) shall be
19audited by the department of administration and paid out of the state treasury and
20charged to the appropriation under s. 20.455 (1) (b) and if. If the jury or court finds
21that the member of the national guard against whom the action is brought acted
22within the scope of his or her employment as a member, the judgment as to damages
23entered against the member shall also be paid by the state.

AB400,29,3

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1321.42 (2) Any civil action or proceeding brought against a member of a
2national guard or the state defense force under sub. (1) (a) is subject to ss. 893.82 and
3895.46.

AB400,29,157 321.21 (5) (a) No person may retain at any time any arms, equipment or
8military stores of any kind belonging to the state or any federally owned property
9issued to the state property or money, unless the property or money has been lawfully
10issued to the person pursuant to law and the proper authority permits the person to
11retain the property or money in the discharge of a public duty. No person may use
12any public arms, equipment, clothing or military stores belonging to the state, either
13as owner or bailee, property or money for the person's unauthorized private use. Any
14person violating this section paragraph shall forfeit not less than $50 $100 nor more
15than $200 $1,000.

AB400,29,2519 321.21 (5) (b) No A person who possesses under the laws of this state any arms,
20equipment or other military property may willfully neglect or refuse or money, after
21the adjutant general makes lawful demand is made for the return of the property by
22order of the governor, to or money shall return the property or money promptly. No
23person may knowingly resist any officer who is lawfully taking possession of such
24arms, equipment or other the military property or money. Any person violating this
25section paragraph shall forfeit not less than $50 $100 nor more than $200 $1,000.

AB400,30,73 321.24 (1) The officer in charge of any area used or to be used for military
4purposes may cause the area to be marked in such a manner so as mark the area to
5warn against encroachment by unauthorized persons, but may not to unnecessarily
6obstruct travel on any public highway. No person may encroach upon or enter upon
7the area without the consent of the officer.

AB400,30,10 8(2) No person may intercept, molest, abuse or otherwise interfere with any
9member of the national guard or any other military force organized under the laws
10of this state defense force while the member is in the performance of military duty.

AB400,30,1817 321.10 (1) (d) Two assistant adjutants general for army, who may hold the
18whose rank of may not exceed brigadier general.

AB400,30,2221 321.10 (1) (f) An assistant adjutant general for air, who may hold the whose
22rank of may not exceed brigadier general.

AB400,30,2423 (g) A chief surgeon for army, who whose rank may be a not exceed major general
24officer.