191101. Renumbered as 197204 by Laws 1998, ch. 99, § 191102. Amended and renumbered as 198103 by Laws 1998, ch. 99, § 3



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TITLE 19

Defense Forces and Affairs


CHAPTER 1

General Provisions


191101.  Renumbered as 197204 by Laws 1998, ch. 99, § 4.
191102.  Amended and renumbered as 198103 by Laws 1998, ch. 99, § 3.
191103.  Amended and renumbered as 1911202 by Laws 1998, ch. 99, § 3.
191104.  Amended and renumbered as 1911203 by Laws 1998, ch. 99, § 3.
191105.  Amended and renumbered as 198105 by Laws 1998, ch. 99, § 3.
191106.  Amended and renumbered as 198104 by Laws 1998, ch. 99, § 3.
191107.  Repealed By Laws 1998, ch. 99, § 5.
191108.  Amended and renumbered as 197201 by Laws 1998, ch. 99, § 3.
CHAPTER 2

State Militia


ARTICLE 1

GENERALLY


192101.  Amended and renumbered as 197101 by Laws 1998, ch. 99, § 3.
192102.  Amended and renumbered by Laws 1998, ch. 99, § 4.
192103.  Renumbered as 198101 by Laws 1998, ch. 99, § 4.
ARTICLE 2

ADMINISTRATION


192201.  Amended and renumbered as 199101 by Laws 1998, ch. 99, § 3.
192202.  Amended and renumbered as 199102 by Laws 1998, ch. 99, § 3.
192203.  Amended and renumbered as 197103 by Laws 1998, ch. 99, § 3.
192204.  Amended and renumbered as 197104 by Laws 1998, ch. 99, § 3.
192205.  Repealed By Laws 1998, ch. 99, § 5.
ARTICLE 3

OFFICERS AND ENLISTED MEN GENERALLY


192301.  Amended and renumbered as 199301 by Laws 1998, ch. 99, § 3.
192302.  Amended and renumbered as 199302 by Laws 1998, ch. 99, § 3.
192303.  Renumbered as 199303 by Laws 1998, ch. 99, § 4.
192304.  Amended and renumbered as 199304 by Laws 1998, ch. 99, § 3.
ARTICLE 4

DUTIES AND POWERS OF NATIONAL GUARD


192401.  Renumbered as 199201 by Laws 1998, ch. 99, § 4.
192402.  Renumbered as 199202 by Laws 1998, ch. 99, § 4.
192403.  Amended and renumbered as 199203 by Laws 1998, ch. 99, § 3.
192404.  Renumbered as 199204 by Laws 1998, ch. 99, § 4.
192405.  Amended and renumbered as 199205 by Laws 1998, ch. 99, § 3.
192406.  Renumbered as 199206 by Laws 1998, ch. 99, § 4.
192407.  Amended and renumbered as 199207 by Laws 1998, ch. 99, § 3.
192408.  Renumbered as 199208 by Laws 1998, ch. 99, § 4.
ARTICLE 5

OFFICERS AND ENLISTED MEN; RIGHTS AND DUTIES


192501.  Renumbered as 199401 by Laws 1998, ch. 99, § 4.
192502.  Amended and renumbered as 199403 by Laws 1998, ch. 99, § 3.
192503.  Repealed By Laws 1998, ch. 99, § 5.
192504.  Repealed By Laws 1998, ch. 99, § 5.
192505.  Repealed By Laws 1998, ch. 99, § 5.
192506.  Repealed By Laws 1998, ch. 99, § 5.
ARTICLE 6

MILITARY COURTS; OFFENSES


192601.  Amended and renumbered as 1912101 by Laws 1998, ch. 99, § 3.
192602.  Amended and renumbered as 1912104 by Laws 1998, ch. 99, § 3.
192603.  Amended and renumbered as 1912105 by Laws 1998, ch. 99, § 3.
192604.  Amended and renumbered as 1912106 by Laws 1998, ch. 99, § 3.
192605.  Amended and renumbered as 1912107 by Laws 1998, ch. 99, § 3.
192606.  Amended and renumbered as 1912108 by Laws 1998, ch. 99, § 3.
192607.  Amended and renumbered as 1912110 by Laws 1998, ch. 99, § 3.
192608.  Amended and renumbered as 1912109 by Laws 1998, ch. 99, § 3.
ARTICLE 7

FISCAL PROVISIONS


192701.  Repealed By Laws 1998, ch. 99, § 5.
192703.  Amended and renumbered as 197203 by Laws 1998, ch. 99, § 3.
192703.  Renumbered by Laws 1998, ch. 99, § 4.
CHAPTER 3

Wyoming State Guard and Council of Defense


193101.  Amended and renumbered as 1910101 by Laws 1998, ch. 99, § 3.
193102.  Renumbered as 1910102 by Laws 1998, ch. 99, § 4.
193103.  Renumbered as 1910103 by Laws 1998, ch. 99, § 4.
193104.  Amended and renumbered as 1910104 by Laws 1998, ch. 99, § 3.
193105.  Renumbered as 1910105 by Laws 1998, ch. 99, § 4.
193106.  Amended and renumbered as 1910107 by Laws 1998, ch. 99, § 3.
193107.  Amended and renumbered as 1910108 by Laws 1998, ch. 99, § 3.
193108.  Amended and renumbered as 1910109 by Laws 1998, ch. 99, § 3.
193109.  Amended and renumbered as 1910110 by Laws 1998, ch. 99, § 3.
193110.  Renumbered as 1910111 by Laws 1998, ch. 99, § 4.
CHAPTER 4

United States Military Reservations


194101.  Renumbered as 197301 by Laws 1998, ch. 99, § 4.
CHAPTER 5

Wyoming Disaster and Civil Defense Act


ARTICLE 1

IN GENERAL


195101.  Amended and renumbered as 1913101 by Laws 1998, ch. 99, § 3.
195102.  Amended and renumbered as 1913102 by Laws 1998, ch. 99, § 3.
195103.  Amended and renumbered as 1913103 by Laws 1998, ch. 99, § 3.
195104.  Amended and renumbered as 1913104 by Laws 1998, ch. 99, § 3.
195105.  Amended and renumbered as 1913105 by Laws 1998, ch. 99, § 3.
195106.  Amended and renumbered as 1913106 by Laws 1998, ch. 99, § 3.
195107.  Amended and renumbered as 1913107 by Laws 1998, ch. 99, § 3.
195108.  Amended and renumbered as 1913108 by Laws 1998, ch. 99, § 3.
195109.  Amended and renumbered as 1913109 by Laws 1998, ch. 99, § 3.
195110.  Amended and renumbered as 1913101 by Laws 1998, ch. 99, § 3.
195111.  Amended and renumbered as 1913111 by Laws 1998, ch. 99, § 3.
195112.  Amended and renumbered as 1913112 by Laws 1998, ch. 99, § 3.
195113.  Amended and renumbered as 1913113 by Laws 1998, ch. 99, § 3.
195114.  Amended and renumbered as 1913114 by Laws 1998, ch. 99, § 3.
195115.  Amended and renumbered as 1913115 by Laws 1998, ch. 99, § 3.
195116.  Amended and renumbered as 1913116 by Laws 1998, ch. 99, § 3.
ARTICLE 2

EMERGENCY SERVICES MUTUAL AID


195201.  Renumbered as 1913201 by Laws 1998, ch. 99, § 4.
195202.  Amended and renumbered as 1913202 by Laws 1998, ch. 99, § 3.
195203.  Amended and renumbered as 1913203 by Laws 1998, ch. 99, § 3.
195204.  Amended and renumbered as 1913204 by Laws 1998, ch. 99, § 3.
195205.  Amended and renumbered as 1913205 by Laws 1998, ch. 99, § 3.
195206.  Renumbered pursuant to 81105 as 1913206.
195207.  Amended and renumbered as 1913207 by Laws 1998, ch. 99, § 3.
195208.  Amended and renumbered as 1913208 by Laws 1998, ch. 99, § 3.
195209.  Amended and renumbered as 1913209 by Laws 1998, ch. 99, § 3.
195210.  Amended and renumbered as 1913210 by Laws 1998, ch. 99, § 3.
ARTICLE 3

SEARCH AND RESCUE OPERATIONS


195301.  Amended and renumbered as 1913301 by Laws 1998, ch. 99, § 3.
195302.  Amended and renumbered as 1913302 by Laws 1998, ch. 99, § 3.
CHAPTER 6

Veterans
196101.  Amended and renumbered as 1914101 by Laws 1998, ch. 99, § 3.


196102.  Renumbered as 1914102 by Laws 1998, ch. 99, § 4.
196103.  Renumbered as 1914103 by Laws 1998, ch. 99, § 4.
196104.  Renumbered as 1914104 by Laws 1998, ch. 99, § 4.
196105.  Amended and renumbered as 1914105 by Laws 1998, ch. 99, § 3.
196106.  Renumbered as 1914106 by Laws 1998, ch. 99, § 4.
196107.  Amended and renumbered as 1914107 by Laws 1998, ch. 99, § 3.
196108.  Amended and renumbered as 1914108 by Laws 1998, ch. 99, § 3.
CHAPTER 7

ADMINISTRATION


ARTICLE 1

GENERAL PROVISIONS


197101.  Definitions.
(a)  As used in this act:
(i)  "Militia" means all the active and potential military forces of the state, whether organized or unorganized;
(ii)  Whenever reference is made in the articles of the Uniform Code of Military Justice to "military service" or to the "armed forces" of the United States, the reference is deemed to include all "military service," including "active state service" and the "organized militia" of this state;
(iii)  "Wyoming national guard" means the army national guard and the air national guard;
(iv)  "Military department" means the adjutant general, the divisions of the army national guard, the air national guard and state military affairs;
(v)  "Active state service" means service on behalf of the state wherever called upon in aid of civil authorities, under martial law, at encampments ordered by state authority or upon any other duty requiring the entire time of the organization or person, including state active duty and duty under title 32, United States Code, except when called or ordered into the federal service of the United States under title 10, United States Code;
(vi)  Repealed by Laws 2003, Ch. 19, § 2.
(vii)  "Officer" means commissioned officers and warrant officers;
(viii)  "State active duty" means service on behalf of the state under the command of the governor excluding service while in status under title 32, United States Code, or while in federal service under title 10 of the United States Code;
(ix)  "Enlisted member" means a member at military pay grades E-1 through E-9, as defined by federal rule and regulation;
(x)  "Membership" means an officer's or enlisted member's status when officially serving in the Wyoming national guard as a military member commencing with the date of initial appointment or enlistment, as applicable, extending through the date of discharge, and is not restricted or limited by service in any specified duty position;
(xi)  "Discharge" or "separate" means to separate a member from the organization;
(xii)  "This act" means title 19.
197102.  Creation and composition of military department.
(a)  The military department of the state of Wyoming shall consist of the adjutant general and the following three (3) divisions:
(i)  Army national guard;
(ii)  Air national guard; and
(iii)  State military affairs.
(iv)  Repealed by Laws 2003, Ch. 88, § 2.
197103.  Adjutant general; appointment; rank; removal; duties and qualifications.
(a)  The governor shall appoint a qualified adjutant general to be chief of staff. He shall have the rank the governor designates and may be removed by the governor as provided in W.S. 91202. A prospective appointee shall possess the following qualifications:
(i)  Have served as a field, staff or line officer in the United States army or air force, or national guard, or both, for at least ten (10) years;
(ii)  Have been a member of the Wyoming national guard for at least four (4) years immediately preceding his appointment;
(iii)  Have attained at least the rank of lieutenant colonel and be federally recognized in that rank at the time of his appointment; and
(iv)  Be a resident of the state of Wyoming.
(b)  The adjutant general of Wyoming shall have powers and duties and be paid a salary as follows:
(i)  He is in control of the military department of Wyoming and subordinate only to the governor in matters pertaining thereto. He acts as the governor's designee with respect to personnel matters, including enlistments, promotions, demotions and discharges;
(ii)  He shall issue and transmit all orders of the commander in chief and make returns and reports as the secretary of defense may direct;
(iii)  He shall keep a record of all officers commissioned by the governor and all orders, rules and regulations prescribed by the secretary of defense and the several agencies of the department of defense for the national guard;
(iv)  He shall audit all claims and accounts against the military department not otherwise provided by law and shall have charge and carefully preserve the colors, flags and military trophies of war belonging to the state which shall not be loaned or removed from their prescribed place of deposit except by order of the adjutant general;
(v)  He shall furnish all organizations with the proper blanks, books and forms required and such military instruction books as may be prescribed;
(vi)  He shall report to the governor on such matters as may be required by the governor as provided by W.S. 921014 and at such other times as the governor may require;
(vii)  He shall make out reports and returns to the several agencies of the department of defense as may be required by law or regulations;
(viii)  He may use the coat of arms of the state of Wyoming as his seal of office with the words: "State of Wyoming, Adjutant General's Office";
(ix)  The annual compensation of the adjutant general shall be the base pay of a colonel, pay grade 06, the same as the armed forces of the United States, with longevity for appropriate years of military service, to be paid monthly out of the state treasury as the salaries of other state officers are paid;
(x)  He may purchase for cash or upon contract or otherwise acquire lands within Wyoming for use by the national guard or for the use of other elements of the armed forces as an artillery and target range and training and maneuvering area. He may acquire lands for such purposes by eminent domain when the state board of land commissioners gives its written approval or consent;
(xi)  He may accept gifts of land for the purposes provided by paragraph (x) of this subsection and may lease, or accept payment in kind as consideration for any lease, any of the acquired parcels of land or buildings during periods when the lands are not in use for military purposes. He may acquire and install on the land such permanent improvements, including fences, as may be necessary for the full utilization of the land for the military purposes herein declared;
(xii)  He may dispose of lands, buildings or fixtures under the control of the department by sale, exchange or other transfer. He may execute deeds for such transfers in the name of the state. Money from such sale, exchange or transfer may be utilized for the acquisition of additional lands, buildings or fixtures within the same budget biennium. Any such sale, exchange or other transfer shall be conducted in accordance with the provisions of W.S. 369101, 369102 and 369104 through 369120, except these provisions of W.S. title 36, chapter 9 shall not apply when both the title to the land and to all buildings thereon is solely in the name of the department or any division of the department and the provisions of W.S. 921016(b)(viii) also shall not apply when both the title to the land and to all buildings thereon is solely in the name of the department or any division of the department. The sections of title 36 identified in this paragraph and W.S. 921016(b)(viii) also shall not apply when any such sale, exchange or other transfer is to another governmental entity, state agency or local government, as defined in W.S. 139103, even if the title to the land and to all buildings thereon are not solely in the name of the department or a division thereof;
(xiii)  If the armed forces of the United States order the destruction of the military service records of persons who have served in the armed forces, he is custodian of the military service records of all persons from Wyoming who have served or may serve in the future in the armed forces of the United States during time of war or national emergency, and of all persons who have served or may serve in the future in the Wyoming national guard, as may be delivered to him for safekeeping;
(xiv)  He may secure and accept the assistance and cooperation of all other governmental agencies and individual citizens in securing a complete and accurate military service record of Wyoming service personnel. He shall carefully keep and preserve such records in accordance with the laws and practices applied to the preservation and safekeeping of official records. All such records are confidential in accordance with the usual procedures and customs prevailing in the military service;
(xv)  He is the channel of military correspondence with the governor and shall have custody of all military records, correspondence and other military documents;
(xvi)  He shall control all armories that are owned, erected, purchased, leased or provided by the state. He may acquire, in the name of the state of Wyoming, by purchase, donation or dedication any property which may be used for military purposes. For the control and management of armories described in this paragraph, he may establish armory boards whose personnel shall serve without pay. Subject to his direction, armory boards shall control, manage and supervise all activities in armories and may rent armories to persons or organizations not connected with the organized militia;
(xvii)  He shall furnish to commanders of national guard units, blank forms, rolls, bonds and other returns required to be made by them. He shall explain the principles upon which returns shall be made, and may make such general regulation concerning the same as will best promote uniformity in their rendition;
(xviii)  He shall keep the papers, volumes and records of the department in an office provided by the state;
(xix)  He shall perform such other military duties as ordered by the governor;
(xx)  He shall administer the Wyoming national guard educational assistance plan in accordance with W.S. 199501 through 199504;
(xxi)  He may use federal procurement procedures when letting contracts concerning properties under the control of the adjutant general, subject to authorization as provided in W.S. 921016(b)(iv)(H);
(xxii)  If the authority is specifically granted by the legislature in its biennial budget, he may hire a person to occupy a new or existing position of state employment within the military department when federal funds are received which reimburse the state of Wyoming for one hundred percent (100%) of the cost of the position. In the event that federal funding becomes unavailable to maintain one hundred percent (100%) reimbursement for a position filled pursuant to this paragraph, as determined by the United States property and fiscal officer for Wyoming, he shall eliminate the position. He shall report to the legislature through the general government appropriations process all positions that are created or eliminated pursuant to this paragraph.
197104.  Assistant adjutants general; deputy military administrator and fiscal officer.
(a)  The adjutant general shall appoint an assistant adjutant general for the army national guard and an assistant adjutant general for the air national guard. Each assistant adjutant general shall serve in their respective duty positions at the pleasure of the adjutant general and may be removed from the position by the adjutant general as provided under W.S. 91202(b)(i). Each assistant adjutant general shall hold the rank of brigadier general and shall possess the qualifications set forth in W.S. 197103(a)(i) through (iii). No person shall continue to serve as an assistant adjutant general after failing to qualify before a federal recognition board for promotion to the grade of brigadier general.
(b)  The adjutant general shall appoint a deputy military administrator for state military affairs, who shall serve in this position at the pleasure of the adjutant general and may be removed from this at-will position by the adjutant general under W.S. 91202(b)(i). Under the direction of the adjutant general, the deputy military administrator shall prepare such reports, returns and requisitions as may be required and is accountable and responsible for all state military property and stores not in the possession of organizations. He shall receive and issue to all organizations on approved requisitions such property and equipment as may be required and authorized by appropriate state officials for the organizations. The annual compensation of the deputy military administrator shall be determined and fixed by the Wyoming personnel division. The duties of the deputy military administrator may be delegated to any officers of the Wyoming military department upon recommendation of the deputy military administrator and approval by the adjutant general.
(c)  Repealed By Laws 2003, Ch. 88, § 2.
197105.  Succession of office.
(a)  In the event of disability, death, absence or other condition which prevents execution of the duties of the adjutant general, and prior to an appointment of the governor to the contrary, the duties of the adjutant general shall be executed by the following officers:
(i)  The senior assistant adjutant general for either army or air guard affairs, by date of rank;
(ii)  The junior assistant adjutant general for either army or air guard affairs, by date of rank;
(iii)  The deputy military administrator;
(iv)  Repealed By Laws 2003, Ch. 88, § 2.
197106.  Office of state judge advocate.
(a)  The adjutant general shall appoint a state judge advocate for the military department. The state judge advocate shall be an active member of the air or army national guard and shall serve as the legal counsel for the department. The state judge advocate may appoint such staff judge advocate officers as may be required and authorized by regulation.
(b)  The state judge advocate shall be a member in good standing in the Wyoming state bar. All other staff judge advocate officers shall be members in good standing in a state bar. Each staff judge advocate officer shall be qualified as a judge advocate pursuant to the regulations of the staff judge advocate officer's respective United States army or air force component.
(c)  The state judge advocate and staff judge advocate officers who have been admitted to the Wyoming state bar and are in good standing with the bar may be appointed by the Wyoming attorney general as special assistant attorneys general for the purpose of representing the Wyoming military department before the courts of the state and nation. Appointment shall not constitute a conflict of interest in the officer’s nonmilitary practice of law as to any litigation in which another agency of the state is a party in interest. Judge advocate officers appointed special assistant attorneys general shall also be authorized to bring and prosecute, in the name of the state, criminal complaints against members of the Wyoming national guard relating to violations of the State Code of Military Justice, in any of the courts of this state.
197107.  Renumbered as 1914110 By Laws 2011, Ch. 27, § 2.
ARTICLE 2

FISCAL PROVISIONS


197201.  Disposition of property sale proceeds.
All funds received from sale of state-owned properties under the control of the adjutant general and not otherwise disposed of pursuant to W.S. 197103(b)(xii) shall be deposited in the general fund.
197202.  Insurance for employees of military department; generally.
(a)  The adjutant general of Wyoming may provide prepaid plan or group insurance for life, health, accident or hospitalization for the employees of the military department of Wyoming and enter into agreements with prepaid hospital and medical care plans or insurance companies to provide the coverage.
(b)  A prepaid plan or insurance shall be procured only from prepaid plans or insurance companies authorized to do business in this state.
(c)  Upon a request in writing from any employee of the military department, the adjutant general may deduct from the wages of the employee the amount of the premium which the employee has agreed to pay for the insurance and pay or remit the same directly to the prepaid plan or insurance company issuing the group plan or insurance.
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