Wis. Stat. § 321.04 — WI Code / Chapter 321 / Section 321.04
Powers and duties of the adjutant general.
Status: in_force

(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 governor.

(c) Under orders from the governor, draw from the state treasury the money necessary for paying national guard members on state active duty.

(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) .

(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) .

(f) Have control over all military property and military records and carefully preserve, repair, and account for the military property and records.

(g) Audit all military accounts and all accounts or claims payable from the treasury of the state for military purposes before payment.

(h) Keep an account of all moneys received and expended by the department.

(i) Administer, with the approval of the governor, state-federal cooperative funding agreements related to the department.

(j) Prepare the training of national guard members.

(k) Transport or contract for the transportation of national guard members and military property.

(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) .

(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.

(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) .

(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.

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

(q) Perform the customary duties of his or her office.

(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.

(s)

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:

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.

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.

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.

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.

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.

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

(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.

(2) The adjutant general or his or her designee may do any of the following:

(a) Make, publish, and have printed policies, regulations, and instructions for the governance of the national guard.

(b) Provide for all books and forms necessary for the proper discharge of the duty of all officers of the national guard.

(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.

(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.

(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) .

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

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 .