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 or of the United States.
2. In the event of public disaster resulting from flood, fire, tornado, or other natural disaster.
3. If the governor declares a state of emergency relating to public health under s. 323.10.
4. In order to assess damage or potential damage and to recommend responsive action as a result of an event listed in subds. 1. to 3.
5. Upon application of any marshal of the United States, the president of any village, the mayor of any city, the chairperson of any town board, or any sheriff in this state.
(b) If the governor is absent, or cannot be immediately communicated with, any of the persons listed in par. (a) 5. may, if the occasion is urgent, request assistance from the commander of any national guard unit. The commander shall obtain approval of the adjutant general before ordering the unit to provide assistance. If it is not feasible to obtain approval of the adjutant general, and the danger is great and imminent, the commander may order the unit to provide assistance without adjutant general approval. The order shall be delivered to every subordinate officer, who shall immediately communicate the substance of the order to the members of the unit. If a member cannot be found, the substance of the order, in writing, shall be left at the member's place of residence with some person of suitable age and discretion, to whom the order's contents shall be explained.
(2)
(a) Any commissioned officer or enlisted member of the national guard who fails to carry out orders or fails to appear at the time or place ordered as provided in sub. (1) shall be punished under the Wisconsin code of military justice.
(b) Any person who assists an officer or member of the national guard in violating par. (a) shall be subject to a forfeiture of not less than $200 nor more than $1,000.
History: 1979 c. 221; 1991 a. 316; 1993 a. 246; 1999 a. 62, 136; 2005 a. 22; 2007 a. 200 ss. 38 to 40, 220 to 221; Stats. 2007 s. 321.39; 2009 a. 42.
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
Chapter 321 - Department of military affairs.
321.02 - Powers and duties of the governor.
321.03 - Powers and duties of the department.
321.04 - Powers and duties of the adjutant general.
321.05 - Permission to forces of other states.
321.10 - Military staff of governor.
321.11 - United States property and fiscal officer.
321.13 - Discharge of officers.
321.14 - Authority to administer oaths.
321.15 - Resignation of officer.
321.20 - Distribution of military property.
321.21 - Military property accountability.
321.23 - Facilities and lands.
321.24 - Encroachment on military areas and interference with military personnel.
321.30 - Composition of national guard.
321.31 - Uniform of national guard.
321.32 - Term of enlistment and discharge.
321.33 - Commissions and rank.
321.34 - Examinations for promotion or appointments.
321.38 - Decorations and awards.
321.39 - Call to state active duty.
321.40 - Educational benefits.
321.41 - Training; special schools; pay and allowances.
321.42 - Defense of members of guard; payment of judgments.
321.43 - Exemption from civil authority.
321.44 - Exemptions from certain county duties.
321.45 - Military family financial aid.
321.51 - State defense force authorized.
321.60 - Extension of licenses for service members.
321.62 - Service members civil relief; state active duty.
321.63 - Local government employees or officers in federal active duty.
321.64 - Reemployment after completion of federal active duty or service.
321.66 - Leave for Civil Air Patrol service.
321.67 - Death gratuity; national guard and state defense force.