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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199302.  Enlistments; oath; term; reenlistments and extensions; discharge.
(a)  After the forming of an organization, recruits may be enlisted into the organization. They shall sign their names to an enlistment contract to be furnished by the adjutant general for that purpose and signing is legal enlistment. Every commissioned officer and every noncommissioned officer at military pay grade E-9 as defined by federal rule and regulation, may administer the oath required on enlistment.
(b)  Every enlisted member shall serve for a term of years prescribed by department of defense orders or national guard regulations unless he is properly discharged.
(c)  All reenlistments and extensions shall be for the term prescribed by department of defense orders or national guard regulations.
(d)  Upon expiration of the service of any enlisted member or upon his discharge under United States department of defense or national guard regulation, the commanding officer of his organization shall prepare a discharge certificate as provided by federal or national guard regulation.
(e)  The adjutant general is the discharge authority for all enlisted members. An enlisted member may be discharged from the Wyoming national guard according to regulations adopted by the adjutant general or by federal law and regulation.
(f)  An enlisted member discharged from the United States air force or army reserves shall be discharged from the Wyoming national guard effective as of the date of discharge from the reserves.
199303.  Laws applicable to military procedure and subjects.
On all military procedure and subjects arising in this state and not specifically covered by Wyoming law, the laws, regulations and orders of the department of defense shall apply unless specifically prohibited by published orders of the governor of Wyoming.
199304.  Uniforms and equipment.
The uniform and equipment of all officers and enlisted personnel of the national guard of Wyoming shall be as prescribed for the national guard in department of defense orders or national guard regulations.
ARTICLE 4

RIGHTS AND DUTIES OF OFFICERS AND



ENLISTED PERSONNEL
199401.  National Guard members granted certain exemptions.
(a)  Members of the Wyoming national guard are exempt from:
(i)  Labor on the public highways;
(ii)  Service as jurors;
(iii)  Garnishment or attachment of monies accruing from performance of military duty under orders of the governor.
(b)  Every commissioned officer, warrant officer and enlisted man while engaged in active state service has all powers and immunities of other peace officers.
(c)  No member of the Wyoming national guard in active state service shall incur any personal liability, civil or criminal, by reason of acts committed in the performance of his necessary duties incident to service under orders of the governor or any lawful superior if the acts are not palpably illegal, excessively violent or malicious. If any civil action is brought against a member by reason of an act or acts committed in the performance of his necessary duties, he is entitled to legal counsel to assist in his defense at state expense. Legal counsel for such purposes may be chosen by the guardsman subject to approval by the Wyoming attorney general and legal fees incurred shall be approved by either:
(i)  The Wyoming attorney general if the case does not result in litigation; or
(ii)  By the district judge before whom the case is tried.
(d)  Any member of the Wyoming national guard who possesses a license or credentials to practice a trade or profession in another jurisdiction, or who meets the requirements of the Wyoming national guard for the practice of any professional, mechanical, teaching, training or other skill, may perform that practice, skill, trade or profession without first being licensed or otherwise possessing credentials under any Wyoming licensure laws during those times that he is serving in the Wyoming national guard in a state active service status.
199402.  Malpractice liability for professionals serving with the Wyoming national guard.
The state shall defend, hold harmless and indemnify any attorney or doctor of medicine serving as a member of the Wyoming national guard from any financial loss arising out of any claim, demand, suit or judgment in any court by reason of any alleged malpractice of the professional, if the professional was acting in the discharge of his duties at the time that the alleged malpractice was committed, regardless of the actual military status of the professional when the act is alleged to have occurred.
199403.  Pay and allowances of officers and enlisted men in active state service and state active duty; worker's compensation coverage for national guard members; no pension denied by reason of service.
(a)  Officers and enlisted men while in active state service shall receive the same pay and allowances as are paid for the same rank and grade for service in the armed forces of the United States. The adjutant general may pay or reimburse reasonable medical expenses incurred by an officer or enlisted man as a direct consequence of state active duty. Medical expenses paid or reasonably eligible for payment by any third party on behalf of the officer or enlisted man shall not be eligible for payment or reimbursement. The adjutant general shall determine, pursuant to rules and regulations adopted under this subsection, whether medical expenses incurred by an officer or enlisted man are the consequence of state active duty.
(b)  Members of the Wyoming national guard while in state active duty by order or voluntarily at the request of the governor shall be deemed state employees for purpose of being covered under the Wyoming Worker's Compensation Act and their state active duty shall be considered as an extrahazardous occupation under W.S. 2714108.
(c)  No member of the national guard shall be denied or deprived of any pension, bounty, gratuity or hospitalization to which he is now entitled under the laws of Wyoming because of service therein.
(d)  The state shall pay the matriculation fees and tuition in any university, junior college or vocational training institution in Wyoming for the children and spouse of any member of the Wyoming national guard who dies or sustains a permanent total disability resulting from duty as a guardsman while on state active duty or any authorized training duty.
ARTICLE 5

EDUCATIONAL ASSISTANCE


199501.  Educational assistance for national guard members; administration of plan.
The Wyoming national guard educational assistance plan is established to provide assistance for qualified members of the Wyoming national guard who enroll in institutions of higher education in this state. The plan shall be administered by the adjutant general in accordance with the provisions of this article. The adjutant general shall promulgate rules for the administration, implementation and proper utilization of the plan.
199502.  Definitions.
(a)  As used in this article:
(i)  "Authorized courses" means:
(A)  Credit courses which meet undergraduate or graduate degree requirements; and
(B)  Credit courses which meet requirements for completion of vocational or technical training for a declared educational objective meeting requirements of rules promulgated pursuant to this article.
(ii)  "Federal tuition assistance" means any payment made to or on behalf of a member by the federal government for educational assistance, excluding benefits paid pursuant to the Montgomery GI Bill;
(iii)  "Member" means an active, in good standing, member of the Wyoming national guard;
(iv)  "Montgomery GI Bill" means the federal Montgomery GI Bill Act of 1984, Public Law 98 – 525 and subsequent amendments thereto;
(v)  "Plan" means the educational assistance plan established under this article;
(vi)  "Wyoming institution of higher education" or "institution" means a public or private educational institution located within this state and approved for payment of Montgomery GI Bill benefits. "Institution" includes a public or private educational institution offering an accredited degree program in Wyoming through distance education under a partnership agreement with any branch of the United States armed forces;
(vii)  "Wyoming public institutions of higher education" means the University of Wyoming and Wyoming community colleges.
199503.  Requirements for educational assistance; assistance payments.
(a)  Subject to legislative appropriation and in accordance with the provisions of this article, the adjutant general or his designee, may authorize the payment of higher education tuition and mandatory fees for active members of the Wyoming national guard. To be eligible to participate in the plan members shall:
(i)  Have completed basic military training or officer training unless waived by the adjutant general for good cause shown;
(ii)  Meet the standards for satisfactory participation in the active Wyoming national guard at the beginning of and throughout the entire academic term for which assistance is received;
(iii)  Be committed through an enlistment contract or other written agreement to membership in the active Wyoming national guard for not less than six (6) years, including initial enlistment and any previous contract or contracts;
(iv)  Agree in writing to serve in the active Wyoming national guard for two (2) years after the last day of the last academic term for which assistance is received under the plan. This two (2) year period of service may be within the six (6) year commitment period required by paragraph (iii) of this subsection;
(v)  Have declared an academic major or educational objective; and
(vi)  Meet the academic standards specified in this paragraph and otherwise be in good standing as determined by the institution of higher education pursuant to a published policy. Any member receiving educational assistance under the plan who fails to earn a cumulative grade point average at least equivalent to 2.0 on a 4.0 scale shall be ineligible for educational assistance under the plan until the member attains that cumulative grade point average, unless the adjutant general for cause and pursuant to rule and regulation waives the grade point average requirement.
(b)  Members meeting the requirements of subsection (a) of this section may receive educational assistance benefit payments as follows:
(i)  For authorized courses at a Wyoming public institution of higher education, payment may be made for up to the full cost of tuition and mandatory fees;
(ii)  For authorized courses at a Wyoming private institution of higher education, payment may be made for the lesser of the actual costs of tuition and mandatory fees or an amount equal to the average resident tuition and mandatory fee charges of all Wyoming public institutions of higher education for an undergraduate student enrolled for twelve (12) semester hours;
(iii)  Eligible members who are not Wyoming residents may receive benefits as provided in paragraphs (i) and (ii) of this subsection, but the benefit payment shall not exceed the amount of tuition and mandatory fees which would have been charged if the member were a Wyoming resident;
(iv)  Payment shall be made directly to the institution after the institution officially certifies that the member has registered;
(v)  Payments under the plan together with any federal tuition assistance received by the member shall not exceed one hundred percent (100%) of the tuition and mandatory fees charged.
199504.  Restrictions; repayment of benefits.
(a)  Plan participation and benefit payments shall be subject to the following additional restrictions and qualifications:
(i)  The plan may be used to complete only one (1) degree, certificate or other educational objective;
(ii)  Participation shall be limited to the earlier of:
(A)  A period of ten (10) years from the date of the participant's initial enrollment in the plan; or
(B)  The participant's completion of his one (1) degree, certificate or other educational objective.
(iii)  Any member receiving educational assistance under the plan who fails to maintain satisfactory participation in the active Wyoming national guard shall repay all educational assistance granted under the plan for that current academic term. The member shall be ineligible for educational assistance under the plan until the adjutant general has determined that the member meets the minimum requirements for satisfactory membership in the Wyoming national guard;
(iv)  Any member who has received assistance under the plan and who fails to complete the initial six (6) year commitment required by W.S. 199503(a)(iii) and maintain satisfactory participation in the active Wyoming national guard for the two (2) year period required by W.S. 199503(a)(iv), shall repay all educational assistance received under the plan.
(b)  The adjutant general may promulgate rules waiving repayment otherwise required under subsection (a) of this section for death, incapacity or other good cause shown. The adjutant general shall immediately transmit all repayments of benefits under the plan to the state treasurer for deposit in the state general fund.
ARTICLE 6

OTHER ASSISTANCE


199601.  Wyoming national guard members group life insurance premium.
The Wyoming national guard members group life insurance premium assistance plan is established to reimburse qualified members of the Wyoming national guard for group life insurance premiums. The plan shall be administered by the adjutant general in accordance with the provisions of this article. The adjutant general shall promulgate rules for the administration, implementation and proper utilization of the plan.
199602.  Definitions.
(a)  As used in this article:
(i)  "Premium" means the cost of servicemembers group life insurance determined as provided in 38 U.S.C. § 1969(a)(1) or the cost of state sponsored life insurance as determined by the insurers;
(ii)  "Qualified member" means an active member in good standing of the Wyoming national guard;
(iii)  "Servicemembers group life insurance" means that life insurance issued to a qualified member pursuant to 38 U.S.C., Chapter 19;
(iv)  "State sponsored life insurance" means the group life insurance program pursuant to 37 U.S.C. 707.
199603.  Requirements for premium reimbursement.
(a)  Subject to legislative appropriation and in accordance with the provisions of this article, the adjutant general or his designee, may authorize the reimbursement of premiums for qualified members who:
(i)  Have completed basic military training or officer training unless waived by the adjutant general for good cause shown;
(ii)  Meet the standards for satisfactory participation in the active Wyoming national guard at the beginning of and throughout the entire term for which premium is reimbursed;
(iii)  Are committed through an enlistment contract or other written agreement to membership in the active Wyoming national guard for not less than six (6) years, including initial enlistment and any previous contract or contracts.
(b)  A qualified member meeting the requirements of subsection (a) of this section may receive reimbursement for premiums paid by the member during the previous calendar year for servicemembers group life insurance or state sponsored life insurance, with a coverage amount of up to two hundred fifty thousand dollars ($250,000.00). Premiums for members of the qualified member's family and premiums paid or reimbursed by the United States shall not be reimbursed.
(c)  Reimbursement of eligible premium paid during a calendar year shall be made annually no later than May 1 of the following year, based upon certified payroll disbursements from the federal payment authority.
ARTICLE 7

NATIONAL GUARD YOUTH CHALLENGE PROGRAM


199701.  National guard youth challenge program; administration of program. [Note: this law is repealed by Laws 2009, ch. 114, § 1. effective 6/30/2017.]
(a)  The national guard youth challenge program is created to provide resources to create opportunities and alternatives for youth at risk or who have dropped out of the public school system, ages sixteen (16) to eighteen (18) years, to attain a high school diploma or high school equivalency certification and to develop life skills.
(b)  The national guard youth challenge program shall be administered by the Wyoming military department with the assistance of the department of education as necessary for the provision of educational programs addressing needs of the participating youth and for establishing necessary communications and cooperation with Wyoming school districts. Any student information obtained in accordance with W.S. 214102(c) by the national guard youth challenge program shall be utilized for the sole purpose of recruitment for the national guard youth challenge program.
(c)  The Wyoming military department may promulgate rules for the administration of the program.
199702.  Funding. [Note: this law is repealed by Laws 2009, ch. 114, § 1. effective 6/30/2017.]
To the extent available, for every sixty cents ($.60) of federal funds appropriated to the national guard youth challenge program, the department may expend funds appropriated by this state for this program in an amount not to exceed forty cents ($.40), or such other minimum amount as necessary to qualify for the appropriation of federal funds. The state may appropriate funding in excess of that necessary to qualify for federal funds and the department shall be authorized to expend such state funds only when all federal funds are exhausted. All monies appropriated for purposes of this article are continuously appropriated to the department and shall not lapse until the program is terminated as provided by W.S. 199704.
199703.  Reporting. [Note: this law is repealed by Laws 2009, ch. 114, § 1. effective 6/30/2017.]
(a)  The department shall include a report within any biennial budget request submitted under W.S. 921013 in which the department seeks funding for the national guard youth challenge program. The report shall include the following information for each of the immediately preceding two (2) state fiscal years:
(i)  Yearly enrollment in the national guard youth challenge program;
(ii)  Number of youth remaining after the first two (2) weeks of the challenge program;
(iii)  Yearly number of youth successfully completing the challenge program;
(iv)  A detailed listing of budget expenditures for the challenge program; and
(v)  A report on the status of program graduates to the extent available.
199704.  Sunset.
W.S. 199701 through 199703 are repealed effective June 30, 2017.
ARTICLE 8

HEALTH CARE PROVIDER RETENTION PROGRAM


199801.  National guard health care provider retention program; administration of program. [Note: this law is repealed by Laws 2009, ch. 177, § 1. effective 6/30/2017.]
(a)  The Wyoming national guard health care provider retention program is created to provide assistance to qualified health care providers actively serving in the Wyoming national guard for the reimbursement of medical malpractice insurance premiums.
(b)  The program shall be administered by the adjutant general in accordance with the provisions of this article. The adjutant general shall promulgate rules for the administration of the program.
199802.  Definitions. [Note: this law is repealed by Laws 2009, ch. 177, § 1. effective 6/30/2017.]
(a)  As used in this article:
(i)  "Program" means the national guard health care provider retention program; and
(ii)  "Qualified health care provider" means an individual as defined in W.S. 2714102(a)(x), licensed pursuant to title 33, who is currently an officer in good standing in the Wyoming national guard or is currently fulfilling the requirements to become an officer in the Wyoming national guard.
199803.  Requirements for malpractice insurance premium reimbursements. [Note: this law is repealed by Laws 2009, ch. 177, § 1. effective 6/30/2017.]
(a)  Subject to legislative appropriation and in accordance with the provisions of this article, the adjutant general or his designee may authorize a one (1) time reimbursement of medical, dental and optometric malpractice insurance premiums for qualified health care providers. The maximum malpractice insurance premium reimbursement under the program shall be:
(i)  For a qualified health care provider who enters into a two (2) year service contract, fifty percent (50%) of the total cost of malpractice insurance premiums paid by the qualified health care provider during the most recent calendar year in the term of the initial service contract required under paragraph (b)(iii) of this section, not to exceed fifteen thousand dollars ($15,000.00), which shall be paid directly to the malpractice insurer and applied toward the health care provider's malpractice insurance at the execution of the service contract;
(ii)  For a qualified health care provider who enters into a four (4) year service contract, one hundred percent (100%) of the total cost of malpractice insurance premiums paid by the qualified health care provider during the most recent calendar year in the term of the initial service contract required under paragraph (b)(iii) of this section, not to exceed thirty thousand dollars ($30,000.00), which shall be paid directly to the malpractice insurer and applied toward the health care provider's malpractice insurance at the execution of the service contract.
(b)  To be eligible to participate in the program the qualified health care provider shall:
(i)  Be a resident of the state of Wyoming;
(ii)  Be a qualified health care provider as defined in W.S. 199802(a)(ii); and
(iii)  Sign a new service contract after July 1, 2009 in which the qualified health care provider agrees to serve in the Wyoming national guard as a health care provider for the time period specified in paragraph (a)(i) or (ii) of this section after first receiving reimbursement benefits under the program.
(c)  Any individual receiving benefits under this section who fails to meet the requirements of this section or otherwise ceases to be a qualified health care provider as defined in W.S. 199802(a)(ii) shall repay all medical malpractice insurance premium reimbursements received under the program.
(d)  The adjutant general may promulgate rules waiving or suspending repayment otherwise required under subsection (c) of this section. The adjutant general shall immediately transmit all repayments of benefits under the plan to the state treasurer for deposit in the state general fund.
199804.  National guard health care provider retention fund; creation; source of funds. [Note: this law is repealed by Laws 2009, ch. 177, § 1. effective 6/30/2017.]
There is created the national guard health care provider retention account. The account shall be administered by the adjutant general and shall consist of monies appropriated or designated to the account by law. All monies in the account not immediately necessary for the purposes of this article, which amount is certified by the adjutant general to the state treasurer, shall be invested and any interest earned shall be credited to the account. All funds in the account are appropriated to the adjutant general to be used for the purposes authorized under this article. All monies in the account that are not expended, encumbered or obligated shall revert to the general fund in accordance with the provisions of W.S. 199805 on June 30, 2017.
199805.  Sunset.
W.S. 199801 through 199804 are repealed effective June 30, 2017.
CHAPTER 10

WYOMING STATE GUARD


ARTICLE 1

WYOMING STATE GUARD AND COUNCIL OF DEFENSE

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