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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197203.  Printing and distribution.
The governor shall from time to time cause such numbers of this act as may be deemed necessary to be printed and distributed to members of the military department.
197204.  Airports and highways for defense; cooperation with United States for construction.
(a)  The state department of transportation may cooperate and contract with the government of the United States and other state agencies in the making of surveys, plans, specifications and estimates for, and in the construction, reconstruction and maintenance of, flight strips, airports, roads and bridges necessary to provide access to military and naval reservations, defense industries, defenseindustry sites and sources of raw materials, shut off from general public use at military and naval reservations and defenseindustry sites.
(b)  In cooperating with the government of the United States and other state agencies the state department of transportation may use monies from the state highway fund for payment of the state's share of preliminary and construction engineering costs of flight strips, airports and roads.
197205.  Wyoming military department billeting operations fund; investment by state treasurer.
(a)  A fund is established which shall be known as the Wyoming military department billeting operations fund.
(b)  Monies received from the operation of billeting activities shall be transmitted to the state treasurer for credit to the fund monthly and shall be invested by the state treasurer as authorized under W.S. 94715(a), (d) and (e) in a manner designed to obtain the highest return possible consistent with preservation of the transmitted monies. Income and any interest earned from investment of the fund shall be monthly credited by the state treasurer to the fund and distributed in accordance with W.S. 197206.
197206.  Wyoming military department billeting operations fund; uses of fund; administration; rulemaking.
(a)  Income and any interest earned from the billeting operations fund created by W.S. 197205 shall be administered by the adjutant general.
(b)  Income and any interest earned in the billeting operations fund shall be used only to operate day to day billeting activities at Camp Guernsey for the benefit of paying customers using chargeable quarters, including personnel, cleaning, laundry and amenity services.
(c)  No minimum balance is required to be maintained in the fund. The fund may be drawn to a zero balance at any time using normal approval processes for the movement of monies.
(d)  The adjutant general shall promulgate rules and regulations for the administration of the billeting operations fund created by W.S. 197205.
ARTICLE 3

UNITED STATES MILITARY RESERVATIONS


197301.  Jurisdiction of United States over certain military reservations.
(a)  Exclusive jurisdiction is ceded to the United States over all the territory owned by the United States within the limits of the United States military reservations known as Fort Francis E. Warren, Fort Washakie, Camp Sheridan, Camp Pilot Butte, and the United States powder depot at Cheyenne, together with such other lands in the state as are now or hereafter acquired or held by the United States for military purposes, either as additions to the posts above named or as new military posts or reservations, established for the common defense.
(b)  There is hereby ceded to the United States of America the following described lands belonging to the state of Wyoming, towit: The west half (W1/2) of section sixteen (16) and the east half of the northeast quarter (E1/2NE1/4), and the northeast quarter of the southeast quarter (NE1/4SE1/4) of section seventeen (17), in township fiftysix (56) north of range eightyfour (84) west of the sixth principal meridian in the county of Sheridan, and state of Wyoming, the same to be used for public military purposes by the United States of America.
(c)  There is hereby ceded to the United States of America the following described lands belonging to the state of Wyoming, towit: The east half (E1/2) of section sixteen (16) in township fiftysix (56) north of range eightyfour (84) west of the sixth principal meridian in the county of Sheridan and state of Wyoming, the same to be used for public military purposes by the United States of America.
(d)  There is hereby ceded to the United States of America the following described lands belonging to the state of Wyoming, and situated in Sheridan county, towit: Commencing at a point four hundred twentyeight (428) feet south of the onehalf (1/2) section corner between sections ten (10) and fifteen (15) in township fiftythree (53) north of range eightythree (83) west of sixth p.m.; thence east three hundred and thirty (330) feet; thence south one hundred (100) feet; thence west three hundred and thirty (330) feet; thence north one hundred (100) feet to the place of beginning; containing threefourths (3/4) of one (1) acre, more or less; the same to be used as a site for the erection of a monument to the memory of the soldiers who fought in the Fort Phil Kearney massacre.
(e)  There is hereby ceded to the United States of America the following described lands belonging to the state of Wyoming, towit: The northeast quarter (NE1/4) and northwest quarter southeast quarter (NW1/4SE1/4) of section eighteen (18) in township of fiftysix (56) north, of range eightyfour (84) west of the sixth principal meridian, in the county of Sheridan and state of Wyoming, the same to be used for public military purposes by the United States of America.
(f)  Exclusive jurisdiction is ceded to the United States of America over and within the territory described by this section, saving, however, to this state:
(i)  The right to serve civil and criminal process within the territory in suits or prosecutions for, or on account of rights acquired, obligations incurred, or crimes committed in this state, but outside of the cession;
(ii)  The right to tax persons and corporations, their franchises and property in the territory herein ceded pursuant to subsections (a), (b), (c) and (e) of this section;
(iii)  All rights appertaining to any irrigation ditch or ditches crossing the lands ceded pursuant to subsections (c) and (e) of this section.
ARTICLE 4

MILITARY ASSISTANCE TRUST FUND


197401.  Wyoming military assistance trust fund; establishment of trust fund; corpus inviolate; investment by state treasurer.
(a)  A fund is established which shall be referred to as the Wyoming military assistance trust fund. The trust fund shall consist of those funds designated to the fund by law.
(b)  The monies deposited into the trust fund established pursuant to this section are inviolate and constitute a permanent or perpetual trust fund. The monies shall be transmitted to the state treasurer for credit to the trust fund and shall be invested by the state treasurer as authorized under W.S. 94715(a), (d) and (e) in a manner to obtain the highest return possible consistent with the preservation of the corpus. The interest earned from investment of the corpus of the trust fund shall be annually credited by the state treasurer not later than June 30 of each year into a separate account and distributed in accordance with W.S. 197402.
197402.  Wyoming military assistance trust fund; uses of trust fund; administration; rulemaking.
(a)  The investment income from the military assistance trust fund created by W.S. 197401 shall be administered by the adjutant general only to alleviate financial hardships faced by:
(i)  Any member of the Wyoming national guard or a reserve unit that is based in Wyoming who has been called to active duty or active state service;
(ii)  Any Wyoming resident who is a member of a military reserve unit that is not based in Wyoming, if the member is called to active duty;
(iii)  Any other Wyoming resident performing service in the uniformed services as defined in W.S. 1911103(a)(ix) for any branch of the military of the United States; and
(iv)  Members of the immediate family of those personnel identified in paragraphs (i) through (iii) of this subsection. For purposes of this paragraph, "immediate family" means spouse and each child as defined by W.S. 21301(a)(v) and, if they are dependents of the member of the military, the parents, grandparents, siblings, stepchildren and adult children of the member of the military.
(b)  The interest income earned from the military assistance trust fund shall only be used as a last resort to assist eligible military personnel and families deal with financial hardship resulting from the military member's active duty status and shall not be used to supplant any other private or public funds to the extent such funds are available.
(c)  The adjutant general shall promulgate rules and regulations to establish eligibility requirements for assistance under this section. In developing rules and regulations, the adjutant general shall consult with military support groups, including but not limited to the family assistance fund and family assistance centers.
197403.  Wyoming military assistance trust fund; annual report; confidentiality; assistance from the state treasurer.
(a)  The adjutant general shall include within the department's biennial budget request submitted under W.S. 921013 a report specifying:
(i)  The total amount of interest income earned from the military assistance trust fund during the immediately preceding two (2) state fiscal years;
(ii)  The total amount of assistance provided from the interest income earned from the military assistance trust fund;
(iii)  The amount of assistance provided from the interest income earned from the military assistance trust fund by branch of service, regular or reserve duty classification, amounts of individual assistance provided, the reasons that qualified a member of the military or his family for assistance and the balance remaining within the interest income account for future disbursements; and
(iv)  The name, address, rank and rating, branch of service, deployment location and amounts of financial assistance provided to each eligible military member and to his family.
(b)  The information provided pursuant to paragraphs (a)(i) through (iii) of this section shall be public records and available for inspection as provided by W.S. 164201 et seq. The information provided pursuant to paragraph (a)(iv) of this section shall be confidential and shall be available for inspection only by the governor and the legislature. Names, addresses and deployment locations shall not be in any report available for public access. The governor and legislators with legal access to the report shall be required to hold names, addresses and deployment locations confidential.
(c)  The adjutant general may request assistance from the state treasurer to prepare the annual report required by this section.
CHAPTER 8

STATE MILITIA


ARTICLE 1

GENERALLY


198101.  Organized and unorganized militia.
(a)  The militia of the state is divided into the organized militia and the unorganized militia.
(b)  The organized militia consists of the following:
(i)  Such elements of the land and air forces of the national guard of the United States as are allocated to the state by the president, the secretary of defense or the secretary of the army or the air force and accepted by the state, hereinafter to be known as the Wyoming national guard; and
(ii)  Wyoming state guard forces, when organized.
(c)  The unorganized militia consists of all persons liable to serve in the militia but not commissioned or enlisted in the organized militia.
198102.  Composition of state militia; age limits; physical and mental qualifications.
(a)  Except as provided by subsection (b) of this section the militia of the state includes all qualified residents of the state between the ages of seventeen (17) and seventy (70) years, and any nonresident applicants as may be enrolled or commissioned therein, and in the case of the organized militia, who are within the age limits and possess the physical and mental qualifications prescribed by law or regulations for the reserve components of the armed forces of the United States.
(b)  The following persons are exempt from militia service:
(i)  Persons exempt from military service by the laws of the United States;
(ii)  Regular or duly ordained ministers of religion, or duly elected church officials regularly conducting church services or recognized by their church as devoting the major portion of their time to the practice of religion;
(iii)  Students preparing for the ministry in recognized theological or divinity schools; and
(iv)  Persons who, by reason of religious belief, have scruples of conscience adverse to bearing arms.
198103.  Pursuit of insurrectionists.
(a)  Any military forces of another state which are in fresh pursuit of insurrectionists, saboteurs or enemy groups may continue pursuit into this state until the military or police forces of this state have had reasonable opportunity to take up the pursuit and may arrest or capture such persons within this state while in fresh pursuit.
(b)  Members of the Wyoming militia, upon orders of the officer in immediate command thereof, may continue in fresh pursuit of insurrectionists, saboteurs or enemy groups beyond the borders of this state into another state until the military or police forces of the other state have had a reasonable opportunity to take up the pursuit of such persons if the other state has authorized the pursuit by the forces of this state. Persons who are captured in another state by members of forces of this state shall be surrendered to the military or police forces of the state in which they are taken without undue delay.
198104.  Other organizations parading with arms prohibited; penalty.
(a)  No group or assembly of persons other than the regularly organized national guard or the troops of the United States shall associate themselves together as a military company or organization, or parade in public with arms without license of the governor. No city or town shall raise or appropriate monies for arming, equipping, uniforming or in any way supporting, sustaining or providing drill rooms or armories for such group or assembly of persons.
(b)  Any person violating subsection (a) of this section or who belongs to or parades with any unauthorized group or assembly of persons with arms shall be punished by a fine not exceeding one thousand dollars ($1,000.00), by imprisonment for a term not exceeding one (1) year, or both, for each offense.
198105.  Penalty for refusing to deliver military properties.
Any person who purchases, retains or possesses without right, any military properties belonging to the state or United States government and refuses to deliver the property to any officer entitled to take possession thereof is guilty of a misdemeanor and shall be fined not more than seven hundred fifty dollars ($750.00), imprisoned in the county jail not more than six (6) months, or both.
CHAPTER 9

WYOMING NATIONAL GUARD


ARTICLE 1

GENERAL PROVISIONS


199101.  Creation and composition of military department; laws governing national guard.
(a)  The Wyoming national guard is governed by the laws of the state, orders of the governor, orders and regulations prescribed or promulgated by the adjutant general and by the applicable laws, regulations and customs covering the United States army and air force.
(b)  The governor is commander in chief of all the military forces of the state except when the forces are called into the service of the United States.
199102.  Organization of national guard; duty of governor.
(a)  The Wyoming national guard consists of the following officers and staff in addition to or in combination with such elements of the army and air forces of the national guard of the United States as are allocated to the state by the president, the secretary of defense or the secretary of army or air, and accepted by the state:
(i)  An adjutant general;
(ii)  Two (2) assistant adjutants general appointed pursuant to W.S. 197104(a);
(iii)  One (1) staff officer, subordinate to the adjutant general, designated as the staff judge advocate whose powers and duties shall be provided by the laws of this state and as prescribed by the laws and regulations of the United States pertaining to similar staff positions in United States army and air commands;
(iv)  Such other officers and enlisted members as may be designated by the governor in an honorary status or in a state status without regard to their allocation or qualification by the department of defense of the United States.
(b)  The national guard shall be organized into separate divisions for army and air with an officer not over the grade of brigadier general at the head of each division who is subordinate to the adjutant general. Each division head shall be an assistant adjutant general who shall serve as the acting adjutant general, in order of rank, upon absence, incapacity or death of the adjutant general. The governor, by and with the advice of the adjutant general, shall make and publish such orders as necessary to conform the national guard of Wyoming in organization, armament and discipline to that prescribed for the regular army or air force of the United States, subject to general exceptions authorized by this act and by the laws of the United States. For this purpose, the governor may increase or decrease the number of officers, noncommissioned officers and personnel of any grade to the extent made necessary by changes authorized by department of defense orders or national guard regulations.
199103.  Manner of calling for duty.
(a)  Officers and enlisted personnel may be called for duty by any of the following means:
(i)  By stating the substance of the order or by reading it to him in person or over the phone;
(ii)  By radio or television communication;
(iii)  By leaving a copy of the order with a person over the age of fourteen (14) years at his last known place of residence or business; or
(iv)  By sending a copy of the order or the substance of the order by electronic means to him at his last known place of residence or business or by United States mail to his last known address.
ARTICLE 2

DUTIES AND POWERS


199201.  Organization drill or training assemblies; pay and allowances generally.
There shall be organization drill or training assemblies when ordered by the adjutant general. While on duty under the authority of the United States department of defense, and in going to and returning therefrom, or for attendance at armory drill, members of the Wyoming national guard shall receive pay and allowances as allowed by the department of defense.
199202.  Annual field training generally.
The commander in chief shall order an encampment of the national guard for annual field training as provided in department of defense orders or national guard regulations. At least one (1) month notice of the encampment shall be given each organization commander by his commanding officer.
199203.  Establishing bounds for annual field training and other missions; entry without leave; disorderly conduct; interrupting, molesting, insulting or obstructing officer or soldier; penalties.
(a)  During an encampment for annual field training or when one (1) or more units of the national guard are engaged in a mission under lawful orders in an active state status, the commanding officer may fix certain bounds not including any public road within which no spectator may enter without leave. Whoever intrudes within such limits when forbidden to do so, or after entering with permission conducts himself in a disorderly manner, or resists a sentry or guard acting under orders to prevent the entry or to prevent disorderly conduct, may be arrested by the commanding officer or by his order and taken before a circuit court of the county. Upon conviction a person violating this subsection shall be fined not more than seven hundred fifty dollars ($750.00), confined in the county jail for up to six (6) months, or both.
(b)  Any person who interrupts, molests, insults by abusive words or behavior, or obstructs any member of the national guard while on duty on active state service or for drills, parades or other military duty, is guilty of a misdemeanor and in addition to prosecution for the offense may be immediately put under guard by the officer in command until the duty is concluded. Any civilian so placed under guard will be placed into the custody of the local county sheriff without delay. Upon conviction the person so offending shall be fined not more than seven hundred fifty dollars ($750.00), confined in the county jail for up to six (6) months, or both.
199204.  Command of military force called into service.
(a)  The command of any military force called into service shall devolve upon the senior officer of such force unless otherwise specifically ordered by the commander in chief.
(b)  The national guard of the state may be ordered into the service of the United States by the president of the United States for any purpose for which he is authorized to use militia of the states by the constitution of the United States.
199205.  Status of national guard members upon discharge from federal service.
Members of the national guard of Wyoming ordered or called into federal service by the federal government, upon being discharged therefrom shall automatically resume their status in the national guard of Wyoming and continue to serve therein until the dates upon which their enlistments entered into prior to entry into federal service would have expired if uninterrupted.
199206.  Suppression of riots, invasions, insurrection.
The governor may order any commanding officer of any portion of the national guard within the limits of his jurisdiction to order his command to appear at a time and place designated to aid the civil authority to suppress violence and to support the law. The order of the governor shall designate the specific civil authority to whom the national guard units ordered to duty shall report, or in lieu of such designation, shall provide that the national guard units ordered to duty shall operate under the jurisdiction and control of the governor and adjutant general only. Orders from civil officers to any military commander shall specify only the work to be done or result to be attained, and shall not include the method to be employed. The military commander shall exercise his discretion and be the sole judge as to what means are necessary.
199207.  Suppressing tumult; preserving order, insuring public safety; expenses; creation of additional units; draft.
(a)  The governor may order any designated person or commanding officer of any military unit to appear with or without his command at a time and place specified to:
(i)  Aid in suppressing any tumult, riot, mob or invasion;
(ii)  Assist in preserving order and insure the public safety in time of emergency when other civil agencies are unable to perform the function;
(iii)  Insure public safety and assist in the protection of property or persons in times of fire, flood or other domestic catastrophe;
(iv)  Perform such other duties as the commander in chief may require and which the militia or national guard may lawfully perform.
(b)  Any expense incurred under this or any other provision of law shall be borne by the state from the general funds until other provisions are made. Upon the declaration of war, the breaking out of insurrection, or the imminence of either, the governor may activate the Wyoming state guard by creating such additional units as he deems necessary. He may proceed in such manner as regulations prescribe for the drafting into the organized militia of all such portions of the militia of the state as he deems necessary in any such emergency.
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