Chapter 321, DEPARTMENT OF MILITARY AFFAIRS

321.01 Definitions. In this chapter: (1) “Active duty” means federal active duty or state active duty. (2) “Department” means the department of military affairs. (3) “Facility” includes armory, base, installation, and airfield. (4) “Federal active duty” means full-time duty in th…

321.02 Powers and duties of the governor. (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 u…

321.03 Powers and duties of the department. (1) The department shall do all of the following: (a) Administer the national guard. (b) Provide facilities and support for the national guard. (c) Administer the Challenge Academy program for disadvantaged youth under 32 USC 509. The d…

321.04 Powers and duties of the adjutant general. (1) The adjutant general or his or her designee shall do all of the following: (a) Be the military chief of staff to the governor. (b) Advise the governor on military issues and transmit military correspondence to and from the gov…

321.05 Permission to forces of other states. (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. militar…

321.10 Military staff of governor. (1) The military staff of the governor shall consist of the following: (a) An adjutant general, with a minimum rank of brigadier general and a maximum rank of lieutenant general. (b) A deputy adjutant general for army, whose rank may not exceed …

321.11 United States property and fiscal officer. (1) The adjutant general shall recommend a candidate for appointment as the U.S. property and fiscal officer for the national guard, subject to the concurrence of the governor, from federally commissioned officers actively serving…

321.12 Chief surgeons. (1) The chief surgeons for the army and air national guard shall, under direction of the adjutant general, have general supervision of the medical units of the national guard and, if organized, the state defense force. The chief surgeons shall make recommen…

321.13 Discharge of officers. Any officer may be discharged by the governor pursuant to the Wisconsin code of military justice or upon resignation or disability preventing full discharge of the duties of his or her office. History: 1991 a. 316; 2007 a. 200 s. 124; Stats. 2007 s. …

321.14 Authority to administer oaths. Any officer of the national guard or any officer of the U.S. armed forces may administer oaths of enlistment in the national guard. History: 1979 c. 221; 2007 a. 200 s. 125; Stats. 2007 s. 321.14.

321.15 Resignation of officer. A commissioned officer may resign his or her commission by submitting the written resignation to his or her immediate commanding officer. The commanding officer shall promptly forward the resignation through military channels to the adjutant general…

321.20 Distribution of military property. The governor may receive and distribute military property that the state receives from the U.S. government under federal laws providing for

321.21 Military property accountability. (1) In this section, “money” means funds in the custody of the department. (2) (a) Each commanding officer who is issued military property or money shall account for the property and money, deliver the property and money to any officer ent…

321.22 Camp Williams. (1) The state facility near Camp Douglas, Juneau County, shall be known as “Camp Williams”. The officer in charge of Camp Williams may arrest a person for a violation that occurs at Camp Williams of a state law, local ordinance, or provision of the Wisconsin…

321.23 Facilities and lands. (1) (a) A political subdivision or federally recognized Indian tribe or band in which one or more units of the national guard is located may build or purchase a suitable armory for the purpose of drill and for the safekeeping of military property, and…

321.24 Encroachment on military areas and interference with military personnel. (1) The officer in charge of any area used or to be used for military purposes may mark the area to warn against encroachment by unauthorized persons, but may not unnecessarily obstruct travel on any …

321.30 Composition of national guard. (1) The organized militia of this state shall be known as the “Wisconsin national guard” and shall consist of members commissioned or enlisted in accordance with federal law or regulations governing the national guard. (2) The Wisconsin natio…

321.31 Uniform of national guard. The uniform of the national guard shall be as prescribed by regulations for the corresponding branch of the U.S. armed forces. History: 2007 a. 200 s. 102; Stats. 2007 s. 321.31.

321.32 Term of enlistment and discharge. Every person who enlists or receives a commission in the national guard shall serve for the term prescribed and satisfy the physical, educational and training requirements prescribed by the U.S. national guard bureau. Enlistees in the nati…

321.33 Commissions and rank. The governor shall appoint and issue commissions to officers. Every commission shall be signed by the secretary of state and the adjutant general. A commission shall continue unless terminated earlier by resignation, disability, or for cause or unless…

321.34 Examinations for promotion or appointments. The governor or adjutant general may order any person nominated or recommended for promotion or appointment in the national guard or state defense force to be examined by any competent officer or board of officers, designated in …

321.35 Pay. (1) Every officer and enlisted person on state active duty in the national guard shall receive the base pay, allowances, and, notwithstanding ss. 16.53 (12) (c) and (d) and 20.916 (8) and (9), travel expenses of an officer or enlisted person of equal rank in the corre…

321.36 Rules of discipline. The applicable rules of discipline and regulations of the U.S. armed forces shall constitute the rules of discipline and the regulations of the national guard. The rules and uniform code of military justice established by Congress and the U.S. departme…

321.37 No discrimination. No person, otherwise qualified, may be denied membership in the national guard or state defense force because of sex, color, race, creed, or sexual orientation and no member of the national guard or state defense force may be segregated within the nation…

321.38 Decorations and awards. The adjutant general may prescribe decorations and awards for the national guard and the state defense force. The adjutant general shall adopt policies establishing the form and issuance of those decorations and awards. History: 1975 c. 189; 1981 c.…

321.39 Call to state active duty. (1) (a) The governor may order into state active duty members of the national guard under the following circumstances: 1. In case of war, insurrection, rebellion, riot, invasion, terrorism, or resistance to the execution of the laws of this state…

321.40 Educational benefits. (1) DEFINITIONS. In this section: (a) “Full-time study” means a credit load of 12 or more academic credits in an academic term. (b) “Guard member” means any person who is a member of the national guard. (c) “Qualifying school” means any of the followi…

321.41 Training; special schools; pay and allowances. The governor or adjutant general may order the national guard or state defense force to assemble for training at any military establishment and fix the dates and places of that training. The governor or adjutant general may or…

321.42 Defense of members of guard; payment of judgments. (1) (a) If any member of the national guard 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 perfo…

321.43 Exemption from civil authority. During the time the national guard or state defense force is performing military duty under orders issued by the governor or adjutant general, all of its members, while going to, remaining at, or returning from a place of duty are exempt fro…

321.44 Exemptions from certain county duties. Every member of the national guard or state defense force is exempt from service on any body of county residents summoned by the sheriff to assist in preserving the peace. History: 1977 c. 318; 1979 c. 110; 2007 a. 200 s. 35; Stats. 2…

321.45 Military family financial aid. (1) In this section: (a) “Immediate family” means the spouse and dependent children of a service member who are residents of this state. (b) “Service member” means a resident of this state who is a member of the U.S. armed forces, including a…

321.51 State defense force authorized. 321.51(1)(1) Authority and name. The adjutant general may establish a plan for organizing a military force to be known as the “state defense force.” The governor, or adjutant general if designated by the governor, may organize the state defe…

321.60 Extension of licenses for service members. (1) In this section: (a) “License” means any of the following that is issued to an individual and applies to that individual: 1. A license issued under s. 13.63 or a registration issued under s. 13.64. 2. An approval specified in …

321.61 Service members civil relief for property taxes and mobile telephone contracts; federal active duty. (1) (a) In this subsection, unless the context indicates otherwise: 1. “Interest and penalties” means interest and penalties accruing on taxes during the period of federal …

321.62 Service members civil relief; state active duty. (1) DEFINITIONS. In this section: (a) “Court” means a Wisconsin circuit court, a Wisconsin court of appeals, or the Wisconsin supreme court. (b) “Period of state active duty” means the period beginning on the date on which t…

321.63 Local government employees or officers in federal active duty. (1) A local governmental unit, as defined in s. 66.0135 (1) (c), may grant a leave of absence to any employee or officer who is inducted or who enlists in the U.S. armed forces for a period of federal active du…

321.64 Reemployment after completion of federal active duty or service. (1) (a) Any person who has enlisted or enlists in or who has been or is inducted or ordered into federal active duty for 90 days or more, and any person whose services are requested by the federal government …

321.65 Reemployment rights after national guard, state defense force, or public health emergency service. (1) DEFINITIONS. In this section: (a) “Active state service” means any of the following: 1. State active duty or active duty in the national guard under 32 USC 502 (f). 2. Ac…

321.66 Leave for Civil Air Patrol service. (1) DEFINITIONS. In this section: (a) “Emergency service operation” means any of the following operations of the Civil Air Patrol: 1. A search and rescue mission designated by the U.S. air force rescue coordination center; the governor; …

321.67 Death gratuity; national guard and state defense force. If a national guard member or state defense force member dies from an accidental injury while performing services growing out of and incidental to the member’s employment while the member is on state active duty, the …

321.68 Continuation of payment. (1) In this section, “injury” means a mental or physical harm. (2) The department of administration shall administer this section in the same manner it administers s. 230.36. (3) (a) If a member of the national guard or state defense force suffers …