§ 19-1-101. [Renumbered.]

Renumbered as § 19-7-204 by Laws 1998, ch. 99, § 4.

§ 19-1-102. [Renumbered.]

Amended and renumbered as § 19-8-103 by Laws 1998, ch. 99, § 3.

§ 19-1-103. [Renumbered.]

Amended and renumbered as § 19-11-202 by Laws 1998, ch. 99, § 3.

§ 19-1-104. [Renumbered.]

Amended and renumbered as § 19-11-203 by Laws 1998, ch. 99, § 3.

§ 19-1-105. [Renumbered.]

Amended and renumbered as § 19-8-105 by Laws 1998, ch. 99, § 3.

§ 19-1-106. [Amended and renumbered.]

Amended and renumbered as § 19-8-104 by Laws 1998, ch. 99, § 3.

§ 19-1-107. [Repealed.]

Repealed by Laws 1998, ch. 99, § 5.

Editor's notes. —

This section, which derived from Laws 1953, ch. 138, § 1, related to the sale of certain lands.

§ 19-1-108. [Amended and renumbered.]

Amended and renumbered as § 19-7-201 by Laws 1998, ch. 99, § 3.

§ 19-2-101. [Amended and Renumbered.]

Amended and renumbered as § 19-7-101 by Laws 1998, ch. 99, § 3.

§ 19-2-102. [Amended and Renumbered.]

Amended and renumbered as § 19-8-102 by Laws 1998, ch. 99, § 3.

§ 19-2-103. [Renumbered.]

Renumbered as § 19-8-101 by Laws 1998, ch. 99, § 4.

§ 19-2-201. [Amended and Renumbered.]

Amended and renumbered as § 19-9-101 by Laws 1998, ch. 99, § 3.

§ 19-2-202. [Amended and Renumbered.]

Amended and renumbered as § 19-9-102 by Laws 1998, ch. 99, § 3.

§ 19-2-203. [Amended and Renumbered.]

Amended and renumbered as § 19-7-103 by Laws 1998, ch. 99, § 3.

§ 19-2-204. [Amended and Renumbered.]

Amended and renumbered as § 19-7-104 by Laws 1998, ch. 99, § 3.

§ 19-2-205. [Repealed.]

Repealed by Laws 1998, ch. 99, § 5.

Editor's notes. —

This section, which derived from Laws 1925, ch. 163, § 20, related to the composition of the state military board.

§ 19-2-301. [Amended and Renumbered.]

Amended and renumbered as § 19-9-301 by Laws 1998, ch. 99, § 3.

§ 19-2-302. [Amended and Renumbered.]

Amended and renumbered as § 19-9-302 by Laws 1998, ch. 99, § 3.

§ 19-2-303. [Renumbered.]

Renumbered as § 19-9-303 by Laws 1998, ch. 99, § 4.

§ 19-2-304. [Amended and Renumbered.]

Amended and renumbered as § 19-9-304 by Laws 1998, ch. 99, § 3.

§ 19-2-401. [Renumbered.]

Renumbered as § 19-9-201 by Laws 1998, ch. 99, § 4.

§ 19-2-402. [Renumbered.]

Renumbered as § 19-9-202 by Laws 1998, ch. 99, § 4.

§ 19-2-403. [Amended and Renumbered.]

Amended and renumbered as § 19-9-203 by Laws 1998, ch. 99, § 3.

§ 19-2-404. [Renumbered.]

Renumbered as § 19-9-204 by Laws 1998, ch. 99, § 4.

§ 19-2-405. [Amended and Renumbered.]

Amended and renumbered as § 19-9-205 by Laws 1998, ch. 99, § 3.

§ 19-2-406. [Renumbered.]

Renumbered as § 19-9-206 by Laws 1998, ch. 99, § 4.

§ 19-2-407. [Amended and Renumbered.]

Amended and renumbered as § 19-9-207 by Laws 1998, ch. 99, § 3.

§ 19-2-408. [Renumbered.]

Renumbered as § 19-9-208 by Laws 1998, ch. 99, § 4.

§ 19-2-501. [Renumbered.]

Renumbered as § 19-9-401 by Laws 1998, ch. 99, § 4.

§ 19-2-502. [Amended and Renumbered.]

Amended and renumbered as § 19-9-403 by Laws 1998, ch. 99, § 3.

§§ 19-2-503 through 19-2-506. [Repealed.]

Repealed by Laws 1998, ch. 99, § 5.

Editor's notes. —

These sections, which derived from Laws 1977, ch. 128, § 1, Laws 1955, ch. 52, § 1, Laws 1969, ch. 72, § 32, and Laws 1965, ch. 171, § 3, related to the rights and duties of members of the national guard.

§ 19-2-601. [Amended and Renumbered.]

Amended and renumbered as § 19-12-101 by Laws 1998, ch. 99, § 3.

§ 19-2-602. [Amended and Renumbered.]

Amended and renumbered as §§ 19-12-104 by Laws 1998, ch. 99, § 3.

§ 19-2-603. [Amended and Renumbered.]

Amended and renumbered as § 19-12-105 by Laws 1998, ch. 99, § 3.

§ 19-2-604. [Amended and Renumbered.]

Amended and renumbered as § 19-12-106 by Laws 1998, ch. 99, § 3.

§ 19-2-605. [Amended and Renumbered.]

Amended and renumbered as § 19-12-107 by Laws 1998, ch. 99, § 3.

§ 19-2-606. [Amended and Renumbered.]

Amended and renumbered as § 19-12-108 by Laws 1998, ch. 99, § 3.

§ 19-2-607. [Amended and Renumbered.]

Amended and renumbered as § 19-12-110 by Laws 1998, ch. 99, § 3.

§ 19-2-608. [Amended and Renumbered.]

Amended and renumbered as § 19-12-109 by Laws 1998, ch. 99, § 3.

§ 19-2-701. [Repealed.]

Repealed by Laws 1998, ch. 99, § 5.

Editor's notes. —

This section, which derived from Laws 1969, ch. 72, § 43, related to the sale of property under the control of adjutant general.

§ 19-2-702. [Renumbered.]

Renumbered as § 19-7-202 by Laws 1998, ch. 99, § 4.

§ 19-2-703. [Amended and Renumbered.]

Amended and renumbered as § 19-7-203 by Laws 1998, ch. 99, § 3.

§ 19-3-101. [Amended and Renumbered.]

Amended and renumbered as § 19-10-101 by Laws 1998, ch. 99, § 3.

§ 19-3-102. [Renumbered.]

Renumbered as § 19-10-102 by Laws 1998, ch. 99, § 4.

§ 19-3-103. [Renumbered.]

Renumbered as § 19-10-103 by Laws 1998, ch. 99, § 4.

§ 19-3-104. [Amended and Renumbered.]

Amended and renumbered as § 19-10-104 by Laws 1998, ch. 99, § 3.

§ 19-3-105. [Renumbered.]

Renumbered as § 19-10-105 by Laws 1998, ch. 99, § 4.

§ 19-3-106. [Amended and Renumbered.]

Amended and renumbered as § 19-10-107 by Laws 1998, ch. 99, § 3.

§ 19-3-107. [Amended and Renumbered.]

Amended and renumbered as § 19-10-108 by Laws 1998, ch. 99, § 3.

§ 19-3-108. [Amended and Renumbered.]

Amended and renumbered as § 19-10-109 by Laws 1998, ch. 99, § 3.

§ 19-3-109. [Amended and Renumbered.]

Amended and renumbered as § 19-10-110 by Laws 1998, ch. 99, § 3.

§ 19-3-110. [Renumbered.]

Renumbered as § 19-10-111 by Laws 1998, ch. 99, § 4.

§ 19-4-101. [Renumbered.]

Renumbered as § 19-7-301 by Laws 1998, ch. 99, § 4.

§ 19-5-101. [Amended and Renumbered.]

Amended and renumbered as § 19-13-101 by Laws 1998, ch. 99, § 3.

§ 19-5-102. [Amended and Renumbered.]

Amended and renumbered as § 19-13-102 by Laws 1998, ch. 99, § 3.

§ 19-5-103. [Amended and Renumbered.]

Amended and renumbered as § 19-13-103 by Laws 1998, ch. 99, § 3.

§ 19-5-104. [Amended and Renumbered.]

Amended and renumbered as § 19-13-104 by Laws 1998, ch. 99, § 3.

§ 19-5-105. [Amended and Renumbered.]

Amended and renumbered as § 19-13-105 by Laws 1998, ch. 99, § 3.

§ 19-5-106. [Amended and Renumbered.]

Amended and renumbered as § 19-13-106 by Laws 1998, ch. 99, § 3.

§ 19-5-107. [Amended and Renumbered.]

Amended and renumbered as § 19-13-107 by Laws 1998, ch. 99, § 3.

§ 19-5-108. [Amended and Renumbered.]

Amended and renumbered as § 19-13-108 by Laws 1998, ch. 99, § 3.

§ 19-5-109. [Amended and Renumbered.]

Amended and renumbered as § 19-13-109 by Laws 1998, ch. 99, § 3.

§ 19-5-110. [Amended and Renumbered.]

Amended and renumbered as § 19-13-110 by Laws 1998, ch. 99, § 3.

§ 19-5-111. [Amended and Renumbered.]

Amended and renumbered as § 19-13-111 by Laws 1998, ch. 99, § 3.

§ 19-5-112. [Amended and Renumbered.]

Amended and renumbered as § 19-13-112 by Laws 1998, ch. 99, § 3.

§ 19-5-113. [Amended and Renumbered.]

Amended and renumbered as § 19-13-113 by Laws 1998, ch. 99, § 3.

§ 19-5-114. [Amended and Renumbered.]

Amended and renumbered as § 19-13-114 by Laws 1998, ch. 99, § 3.

§ 19-5-115. [Amended and Renumbered.]

Amended and renumbered as § 19-13-115 by Laws 1998, ch. 99, § 3.

§ 19-5-116. [Amended and Renumbered.]

Amended and renumbered as § 19-13-116 by Laws 1998, ch. 99, § 3.

§ 19-5-201. [Renumbered.]

Renumbered as § 19-13-201 by Laws 1998, ch. 99, § 3.

§ 19-5-202. [Amended and Renumbered.]

Amended and renumbered as § 19-13-202 by Laws 1998, ch. 99, § 3.

§ 19-5-203. [Amended and Renumbered.]

Amended and renumbered as § 19-13-203 by Laws 1998, ch. 99, § 3.

§ 19-5-204. [Amended and Renumbered.]

Amended and renumbered as § 19-13-204 by Laws 1998, ch. 99, § 3.

§ 19-5-205. [Amended and Renumbered.]

Amended and renumbered as § 19-13-205 by Laws 1998, ch. 99, § 3.

§ 19-5-206. [Amended and Renumbered.]

Renumbered pursuant to 8-1-105 as § 19-13-206 .

§ 19-5-207. [Amended and Renumbered.]

Amended and renumbered as § 19-13-207 by Laws 1998, ch. 99, § 3.

§ 19-5-208. [Amended and Renumbered.]

Amended and renumbered as § 19-13-208 by Laws 1998, ch. 99, § 3.

§ 19-5-209. [Amended and Renumbered.]

Amended and renumbered as § 19-13-209 by Laws 1998, ch. 99, § 3.

§ 19-5-210. [Amended and Renumbered.]

Amended and renumbered as § 19-13-210 by Laws 1998, ch. 99, § 3.

§ 19-5-301. [Amended and Renumbered.]

Amended and renumbered as § 19-13-301 by Laws 1998, ch. 99, § 3.

§ 19-5-302. [Amended and Renumbered.]

Amended and renumbered as § 19-13-302 by Laws 1998, ch. 99, § 4.

§ 19-6-101. [Amended and Renumbered.]

Amended and renumbered as § 19-14-101 by Laws 1998, ch. 99, § 3.

§ 19-6-102. [Renumbered.]

Renumbered as § 19-14-102 by Laws 1998, ch. 99, § 4.

§ 19-6-103. [Renumbered.]

Renumbered as § 19-14-103 by Laws 1998, ch. 99, § 4.

§ 19-6-104. [Renumbered.]

Renumbered as § 19-14-104 by Laws 1998, ch. 99, § 4.

§ 19-6-105. [Amended and Renumbered.]

Amended and renumbered as § 19-14-105 by Laws 1998, ch. 99, § 3.

§ 19-6-106. [Renumbered.]

Renumbered as § 19-14-106 by Laws 1998, ch. 99, § 4.

§ 19-6-107. [Amended and Renumbered.]

Amended and renumbered as § 19-14-107 by Laws 1998, ch. 99, § 3.

§ 19-6-108. [Amended and Renumbered.]

Amended and renumbered as § 19-14-108 by Laws 1998, ch. 99, § 3.

§ 19-7-101. Definitions.

1. As used in this act:
   1. “Militia” means all the active and potential military forces of the state, whether organized or unorganized;
   2. 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;
   3. “Wyoming national guard” means the army national guard and the air national guard;
   4. “Military department” means the adjutant general, state military affairs and those divisions that may be authorized by federal or state authority;
   5. “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;
   6. Repealed by Laws 2003, ch. 19, § 2.
   7. “Officer” means commissioned officers and warrant officers;
   8. “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;
   9. “Enlisted member” means a member at military pay grades E-1 through E-9, as defined by federal rule and regulation;
   10. “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;
   11. “Discharge” or “separate” means to separate a member from the organization;
   12. “This act” means title 19.

History. Laws 1969, ch. 72, § 1; 1977, ch. 138, § 1; W.S. 1977, § 19-2-101 ; Laws 1998, ch. 99, § 3; 1999, ch. 138, § 1; 2003, ch. 19, §§ 1, 2; ch. 88, § 1; 2017, ch. 45, § 1.

The 2017 amendment , in (a)(iv), substituted “state military affairs and those divisions that may be authorized by federal or state authority” for “the divisions of the army national guard, the air national guard and state military affairs.”

Laws 2017, ch. 45, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by Art. 4, § 8, Wyo. Const. Approved Feb. 17, 2017.

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

§ 19-7-102. Creation and composition of military department.

1. The military  department of the state of Wyoming shall consist of the adjutant general, state military affairs and those divisions that  may be authorized by federal or state authority.
   1. through (iii) Repealed by Laws 2017, ch. 45, § 2.
   2. Repealed by Laws 2003, ch. 88, § 2.

History. Laws 1998, ch. 99, § 1; 2003, ch. 88, § 2; 2004, ch. 130, § 1; 2017, ch. 45, § 1, § 2.

The 2004 amendment, in (a), substituted “three (3) divisions” for “four (4) divisions,” in (a)(ii) inserted “and” at the end, and made related changes.

Laws 2004, ch. 130, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 19, 2004.

The 2017 amendments. — The first 2017 amendment, in (a), substituted “state military affairs and those divisions that may be authorized by federal of state authority” for “and the following three (3) divisions,” and made a related change.

The second 2017 amendment, repealed former (a)(i), which read: “Army national guard”; repealed former (a)(ii), which read: “Air national guard; and”; and repealed former (a)(iii), which read: “State military affairs.”

Laws 2017, ch. 45, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by Art. 4, § 8, Wyo. Const. Approved Feb. 17, 2017.

Editor's notes. —

There is no subsection (b) in this section as it appears on the printed act.

Conflicting legislation. —

Laws 1998, ch. 99, § 6, provides: “Any other act adopted by the Wyoming legislature during the same session in which this act is adopted shall be given precedence and shall prevail over the amendments in this act to the extent that such acts are in conflict with this act.”

Laws 2004, ch. 130, § 3, provides: “Any other act adopted by the Wyoming legislature during the same session in which this act is adopted shall be given precedence and shall prevail over the amendments in this act to the extent that such acts are in conflict with this act.”

§ 19-7-103. Adjutant general; appointment; rank; removal; duties and qualifications.

1. The governor shall appoint a qualified adjutant general to be the commander of the Wyoming national guard and director of the Wyoming military department. He shall have the rank the governor designates and may be removed by the governor as provided in W.S. 9-1-202 . A prospective appointee shall possess the following qualifications:
   1. 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;
   2. Have been a member of the Wyoming national guard for at least four (4) years immediately preceding his appointment;
   3. Have attained at least the rank of lieutenant colonel and be federally recognized in that rank at the time of his appointment; and
   4. Be a resident of the state of Wyoming.
2. The adjutant general of Wyoming shall have powers and duties and be paid a salary as follows:
   1. 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;
   2. He shall issue and transmit all orders of the commander in chief and make returns and reports as the secretary of defense may direct;
   3. He shall keep  a record of all officers commissioned by the governor and maintain electronic access to all current orders, rules and regulations  prescribed by the secretary of defense and the several agencies of  the department of defense for the national guard;
   4. 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;
   5. He shall ensure all organizations have access to the proper blanks, books and forms required and such military instruction books as may be prescribed;
   6. He shall report to the governor on such matters as may be required by the governor as provided by W.S. 9-2-1014 and at such other times as the governor may require;
   7. He shall make out reports and returns to the several agencies of the department of defense as may be required by law or regulations;
   8. 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”;
   9. The annual compensation of the adjutant general shall be the base pay of a colonel, pay grade 0-6, 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;
   10. 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;
   11. 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;
   12. 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. 36-9-101 , 36-9-102 and 36-9-104 through 36-9-120 , 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. 9-2-3204(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. 9-2-3204(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. 1-39-103 , 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;
   13. Repealed by Laws 2017, ch. 47, §  2.
   14. Except as federal law requires, he shall secure a complete and accurate military service record of past and present Wyoming national guard personnel and those veterans who declare Wyoming as their residence upon separation from the military. He may accept the assistance and cooperation of all other governmental agencies and individual citizens to secure such records. He shall carefully keep and preserve such records physically or electronically 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;
   15. He is the  channel of military and military department related correspondence with the governor and shall have  custody of all military records, correspondence and other military  documents until he has legal authority to properly dispose of or preserve physically or electronically such documents;
   16. 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;
   17. He shall ensure commanders of national guard units have access to the blank forms, rolls, bonds and other returns they are required to make. 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;
   18. He shall keep physically or electronically the papers,  volumes and records of the department in an office provided by the  state;
   19. He shall perform such other military duties as ordered by the governor;
   20. He shall administer the Wyoming national guard educational assistance plan in accordance with W.S. 19-9-501 through 19-9-504 ;
   21. 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. 9-2-3204(b)(iv)(H);
   22. 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;
   23. He may delegate part or all of his responsibilities under paragraphs (iii) and (xiv) of this subsection to the veterans’ commission.
   24. On behalf of the military department he may accept gifts, grants, funds, assistance or other contributions from any federal, state or local governmental entity or from any private source in accordance with W.S. 19-7-208 .

History. Laws 1925, ch. 163, §§ 1, 17, 18, 38; R.S. 1931, §§ 73-101, 73-117, 73-118, 73-139; Laws 1939, ch. 28, § 1; C.S. 1945, §§ 30-101, 30-118, 30-119, 30-142; Laws 1947, ch. 100, § 1; 1949, ch. 65, § 16; 1951, ch. 44, § 12; 1953, ch. 139, § 12; ch. 157, §§ 1, 2; 1955, ch. 171, §§ 1 to 3; 1957, ch. 157, § 19; W.S. 1957, §§ 19-28, 19-49 to 19-55, 19-78.8, 19-78.9; Laws 1961, ch. 148, § 30; 1965, ch. 115, § 31; 1967, ch. 181, § 26; 1969, ch. 72, §§ 8, 9; 1971, ch. 27, § 17; 1973, ch. 215, § 1; 1977, ch. 138, § 1; 1987, ch. 175, § 1; W.S. 1977, § 19-2-203 ; Laws 1998, ch. 99, § 3; 1999, ch. 138, § 1; 2001, ch. 76, § 1; ch. 114, § 2; 2005, ch. 34, § 1; 2007, ch. 64, § 1; 2010, ch. 69, § 301; 2011, ch. 95, § 1; ch. 157, § 1; 2017, ch. 45, § 1; ch. 47, §§ 1, 2; 2019, ch. 56, § 1; 2020, ch. 12, § 2; 2021, ch. 56, § 3.

Cross references. —

For authority of adjutant general to issue warrants, subpoenas, etc., in connection with courts-martial, see § 19-12-106 .

For power of adjutant general to provide group insurance plans for employees of military department, see § 19-7-202 .

For duties in connection with Wyoming state guard, see § 19-10-101 .

For provision that only qualified electors may be appointed to military offices, see art. 6, § 15, Wyo. Const.

As to power of eminent domain, see §§ 1-26-501 through 1-26-817 .

The 2005 amendment, effective July 1, 2005, in (b)(xii), substituted “lands, buildings or fixtures” for “lands or buildings,” and inserted “buildings or fixtures” after “additional lands.”

The 2007 amendment, effective July 1, 2007, added (b)(xxi).

The 2010 amendment, effective July 1, 2010, in (b)(x), substituted “board of land commissioners” for “land board.”

The 2011 amendments. —

The first 2011 amendment, by ch. 95 § 1, effective July 1, 2011, added the present last sentence in (b)(xii).

The second 2011 amendment, by ch. 157 § 1, effective July 1, 2011, added (b)(xxii).

While neither amendment gave effect to the other, both have been given effect in this section as set out above.

The 2017 amendments. — The first 2017 amendment, by ch. 45, § 1, in (a), substituted “the commander of the Wyoming national guard and director of the Wyoming military department” for “chief of staff.”

Laws 2017, ch. 45, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by Art. 4, § 8, Wyo. Const. Approved Feb. 17, 2017.

The second 2017 amendment, by ch. 47, § 1, effective July 1, 2017, in (b)(iii), substituted “and maintain electronic access to all orders” for “and all orders”; in (b)(xiv), rewrote the first sentence, which read: “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”; in (b)(xv), inserted “and military department related”, and inserted “until he has legal authority to properly dispose of or preserve physically or electronically such documents”; and added (b)(xxiii).

The third 2017 amendment, by ch. 47, § 2, effective July 1, 2017, repealed former (b)(xiii).

The 2019 amendment, effective July 1, 2019, in (b)(v), substituted “He shall ensure all organizations have access to the proper blanks” for “He shall furnish all organizations with the proper blanks”; in (b)(xvii), substituted “He shall ensure commanders of national guard units have access to the blank forms, rolls, bonds and other returns they are required to make” for “He shall furnish to commanders of national guard units, blank forms, rolls, bonds and other returns required to be made by them”; and in (b)(xviii), substituted “He shall keep physically or electronically the papers” for “He shall keep the papers.”

The 2020 amendment, added (b)(xxiv).

Laws 2020, ch. 12, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 5, 2020.

The 2021 amendment substituted "9-2-3204(b)(viii)" for "9-2-1016(b)(viii)" in the third and fourth sentences of (b)(xii); and substituted "9-2-3204(b)(iv)(H)" for "9-2-1016(b)(iv)(H)" in (b)(xxi).

Laws 2021, ch. 56, § 6, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved April 1, 2021.

Removal of adjutant general under former § 19-28. —

See State ex rel. Pearson v. Hansen, 409 P.2d 769, 1966 Wyo. LEXIS 126 (Wyo. 1966).

Cited in

Nelson v. Geringer, 295 F.3d 1082, 2002 U.S. App. LEXIS 13267 (10th Cir. 2002).

§ 19-7-104. Assistant adjutants general; general officers; deputy military administrator and fiscal officer.

1. The adjutant general shall appoint such assistant adjutants general and other general officers as may be authorized by the army national guard and the air national guard. Each assistant adjutant general and general officer 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. 9-1-202(b)(i). Each assistant adjutant general and general officer shall hold the rank of brigadier general and shall possess the qualifications set forth in W.S. 19-7-103(a)(i) through (iii). No person shall continue to serve as an assistant adjutant general or general officer after failing to qualify before a federal recognition board for promotion to the grade of brigadier general.
2. 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. 9-1-202(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.
3. Repealed by Laws 2003, ch. 88, § 2.

History. Laws 1969, ch. 72, §§ 10, 11; 1971, ch. 27, § 3; 1977, ch. 138, § 1; W.S. 1977, § 19-2-204 ; Laws 1998, ch. 99, § 3; 1999, ch. 138, § 1; 2003, ch. 19, § 1; ch. 88, § 2; 2017, ch. 45, § 1.

Residency requirement. —

State's newly enacted residency requirement for the position of assistant adjutant general (AAG) of the Wyoming national guard violates the Privileges and Immunities Clause, and consequently, removal of two officers from their positions as AAGs violated the United States Constitution; the proper remedy was reinstatement. Nelson v. Geringer, 295 F.3d 1082, 2002 U.S. App. LEXIS 13267 (10th Cir. Wyo. 2002).

The 2017 amendment, in (a), rewrote the first sentence, which read: “The adjutant general shall appoint an assistant adjutant general for the army national guard and an assistant adjutant general for the air national guard,” and inserted “and general officer” following “adjutant general” three times.

Laws 2017, ch. 45, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by Art. 4, § 8, Wyo. Const. Approved Feb. 17, 2017.

§ 19-7-105. Succession of office.

1. 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 senior assistant adjutant general for  either the army national guard or air national guard, by date of rank,  as is then currently available. If none are available, then such duties  shall be executed by the senior general officer for either the army  national guard or air national guard, by date of rank, as is then  currently available.
   1. through (iii)  Repealed by Laws 2017, ch. 45, §  2.
   2. Repealed by Laws 2003, ch. 88, § 2.

History. Laws 1998, ch. 99, § 1; 2003, ch. 88, § 2; 2017, ch. 45, § 1, § 2.

The 2017 amendments. — The first 2017 amendment, in (a), substituted “senior assistant adjutant general for either the army national guard or air national guard, by date of rank, as is then currently available” for “following officers,” and added the last sentence.

The second 2017 amendment, repealed former (a)(i), which read: “The senior assistant adjutant general for either army or air guard affairs, by date of rank”; repealed former (a)(ii), which read: “he junior assistant adjutant general for either army or air guard affairs, by date of rank”; and repealed former (a)(iii), which read: “The deputy military administrator.”

Laws 2017, ch. 45, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by Art. 4, § 8, Wyo. Const. Approved Feb. 17, 2017.

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

Cited in

Nelson v. Geringer, 295 F.3d 1082, 2002 U.S. App. LEXIS 13267 (10th Cir. 2002).

§ 19-7-106. Office of state judge advocate.

1. 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.
2. 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.
3. 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.

History. Laws 1998, ch. 99, § 1; 1999, ch. 138, § 1.

§ 19-7-107. [Renumbered.]

Renumbered as 19-14-110 by Laws 2011, ch. 27, § 2.

Effective dates. —

Laws 2011, ch. 27, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved February 18, 2011.

§ 19-7-201. 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. 19-7-103(b)(xii) shall be deposited in the general fund.

History. Laws 1973, ch. 245, § 2; 1977, ch. 138, § 1; W.S. 1977, § 19-1-108 ; Laws 1998, ch. 99, § 3.

Cross references. —

For similar provision concerning sale of state guard equipment, see § 19-10-111 .

§ 19-7-202. Insurance for employees of military department; generally.

1. 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.
2. A prepaid plan or insurance shall be procured only from prepaid plans or insurance companies authorized to do business in this state.
3. 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.

History. Laws 1969, ch. 72, §§ 45 to 47; 1977, ch. 138, § 1; W.S. 1977, § 19-2-702 ; Laws 1998, ch. 99, § 4.

§ 19-7-203. 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.

History. Laws 1969, ch. 72, § 48; 1977, ch. 138, § 1; W.S. 1977, § 19-2-703 ; Laws 1998, ch. 99, § 3.

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 19-7-101(a)(xii).

§ 19-7-204. Airports and highways for defense; cooperation with United States for construction.

1. 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, defense-industry sites and sources of raw materials, shut off from general public use at military and naval reservations and defense-industry sites.
2. 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.

History. Laws 1943, ch. 90, §§ 1, 2; 1945, ch. 66, §§ 1, 2; C.S. 1945, §§ 30-501, 30-502; W.S. 1957, §§ 19-1, 19-2; Laws 1973, ch. 245, § 3; Laws 1977, ch. 138, § 1; 1991, ch. 241, § 3; W.S. 1977, § 19-1-101 ; Laws 1998, ch. 99, § 4.

§ 19-7-205. Wyoming military department billeting operations fund; investment by state treasurer.

1. A fund is established which shall be known as the Wyoming military department billeting operations fund.
2. 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. 9-4-715(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. 19-7-206 .

History. Laws 2011, ch. 155, § 1.

Effective dates. —

Laws 2011, ch. 155, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 3, 2011.

§ 19-7-206. Wyoming military department billeting operations fund; uses of fund; administration; rulemaking.

1. Income and any interest earned from the billeting operations fund created by W.S. 19-7-205 shall be administered by the adjutant general.
2. 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.
3. 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.
4. The adjutant general shall promulgate rules and regulations for the administration of the billeting operations fund created by W.S. 19-7-205 .

History. Laws 2011, ch. 155, § 1.

Effective dates. —

Laws 2011, ch. 155, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 3, 2011.

§ 19-7-207. Wyoming national guard youth challenge program endowment account; administration; distributions; purposes. [Effective until July 1, 2021]

1. The Wyoming national guard youth challenge program endowment account is created. The state treasurer is authorized to accept cash gifts for the account. Funds within the account including all funds deposited to the account from any source are intended to be inviolate and constitute a permanent or perpetual trust fund. The state treasurer shall invest funds within the endowment account in accordance with law. Fifty percent (50%) of investment earnings from funds in the endowment account shall be credited to the endowment account. Fifty percent (50%) of investment earnings shall be distributed in accordance with subsection (b) of this section.
2. The state treasurer shall semiannually distribute fifty percent (50%) of investment earnings from the Wyoming national guard youth challenge program endowment account to the Wyoming military department. Funds distributed under this subsection shall only be expended for the operation and facility needs of the Wyoming national guard youth challenge program established under W.S. 19-9-701 . Funds distributed under this subsection shall be expended pursuant to W.S. 19-9-702 .
3. The Wyoming national guard youth challenge program endowment account created in subsection (a) of this section may be known as the “Wyoming cowboy challenge academy endowment account.”

History. Laws 2019, ch. 50, § 1.

The 2021 amendment , effective July 1, 2021, in the third sentence of (a), added “and in a manner to obtain the highest net return possible consistent with the preservation of the trust fund corpus.”

Effective date. —

Laws 2019, ch. 50, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8 of the Wyo. Const. Approved February 18, 2019.

§ 19-7-207. Wyoming national guard youth challenge program endowment account; administration; distributions; purposes. [Effective July 1, 2021]

1. The Wyoming national guard youth challenge program endowment account is created. The state treasurer is authorized to accept cash gifts for the account. Funds within the account including all funds deposited to the account from any source are intended to be inviolate and constitute a permanent or perpetual trust fund. The state treasurer shall invest funds within the endowment account in accordance with law and in a manner to obtain the highest net return possible consistent with the preservation of the trust fund corpus. Fifty percent (50%) of investment earnings from funds in the endowment account shall be credited to the endowment account. Fifty percent (50%) of investment earnings shall be distributed in accordance with subsection (b) of this section.
2. The state treasurer shall semiannually distribute fifty percent (50%) of investment earnings from the Wyoming national guard youth challenge program endowment account to the Wyoming military department. Funds distributed under this subsection shall only be expended for the operation and facility needs of the Wyoming national guard youth challenge program established under W.S. 19-9-701 . Funds distributed under this subsection shall be expended pursuant to W.S. 19-9-702 .
3. The Wyoming national guard youth challenge program endowment account created in subsection (a) of this section may be known as the “Wyoming cowboy challenge academy endowment account.”

History. Laws 2019, ch. 50, § 1; 2021, ch. 108, § 1.

§ 19-7-208. Authority to receive and expend monies; investments.

1. In addition to the account established in W.S. 19-7-207 , the state treasurer is hereby authorized and directed to receive and credit to the appropriate account any grant, donation or bequest that is made to the state of Wyoming or the military department for the support of any program of the military department. If the grant, donation or bequest contains a condition or restriction regarding how it is to be expended it shall be expended according to the condition or restriction. The state treasurer shall invest any money received under this subsection in accordance with law, and the income received thereon shall be placed at the disposal of the department to use in carrying out the purposes of the specified program subject to any conditions or restrictions.
2. The department shall have the authority:
   1. To receive any gifts, grants, funds, assistance or other contributions of any kind or character that are donated, granted or bequeathed to the department or the state of Wyoming for the support of any program of the department;
   2. To establish methods whereby voluntary contributions may be accepted in support of military department programs. The military department may suggest and solicit specific contribution amounts;
   3. To carry out the terms, if any, of any grant, donation or bequest for the support of any program of the department, or in the absence of any terms or limitations, to expend the money or the proceeds of any property received as the department may deem advisable according to the purposes of the specified program.
3. Funds received for the support of any program of the military department under subsections (a) and (b) of this section shall be credited to the appropriate account for the purposes of the specified program and are continuously appropriated to the military department. The military department shall only expend funds, proceeds or property received under this section for the purposes of the program for which the money or property was provided. Funds received and expended in each fiscal biennium pursuant to the authority of this section shall be reported by the military department in its biennial budget request.

History. Laws 2020, ch. 12, § 1.

Effective date. — Laws 2020, ch. 12, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 5, 2020.

§ 19-7-209. Military department range management operations; account; administration; rulemaking.

1. There is created the military department range management and grazing program. The military department shall administer range management and grazing operations at Camp Guernsey and any other Wyoming national guard training areas that are owned in fee by the military department and that are not state lands as defined in W.S. 36-1-101(a)(iv). The military department range management and grazing program shall:
   1. Oversee the day to day range management and grazing operations within the training area;
   2. Arrange for personnel and materials for range improvements, including maintenance and repair of fencing, vegetation management, water development, wildfire rehabilitation and restoration and management of invasive species;
   3. Determine animal unit grazing usage and needs and develop and monitor forage use plans;
   4. Maintain lessee and neighbor relationships;
   5. Respond to required cultural and environmental assessments related to grazing management.
2. The military department range management and grazing account is created. Monies received from the range management and grazing operations authorized in subsection (a) of this section shall be credited to the account, except as otherwise provided in this subsection. Funds in the military department range management and grazing account in an amount not to exceed two hundred thousand dollars ($200,000.00) per biennium are continuously appropriated to the military department and shall only be used for purposes of this section. The state treasurer shall invest monies received under this paragraph in accordance with law and the investment earnings received therefrom shall be deposited into the military department range management operations account. From the monies received from the operations authorized in subsection (a) of this section, any amount in excess of two hundred thousand dollars ($200,000.00) in the account at the end of each fiscal biennium shall be deposited into the general fund.
3. The military department shall promulgate rules to administer this section.
4. The adjutant general shall report annually by October 15 to the joint transportation, highways and military affairs interim committee regarding all income to and expenditures from the military department range management operations account.

History. Laws 2021, ch. 121, § 1.

Effective date. —

Laws 2021, ch. 121, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved April 6, 2021.

§ 19-7-301. Jurisdiction of United States over certain military reservations.

1. 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.
2. There is hereby ceded to the United States of America the following described lands belonging to the state of Wyoming, to-wit: 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 fifty-six (56) north of range eighty-four (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.
3. There is hereby ceded to the United States of America the following described lands belonging to the state of Wyoming, to-wit: The east half (E1/2) of section sixteen (16) in township fifty-six (56) north of range eighty-four (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.
4. 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, to-wit: Commencing at a point four hundred twenty-eight (428) feet south of the one-half (1/2) section corner between sections ten (10) and fifteen (15) in township fifty-three (53) north of range eighty-three (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 three-fourths (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.
5. There is hereby ceded to the United States of America the following described lands belonging to the state of Wyoming, to-wit: The northeast quarter (NE1/4) and northwest quarter southeast quarter (NW1/4SE1/4) of section eighteen (18) in township of fifty-six (56) north, of range eighty-four (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.
6. Exclusive jurisdiction is ceded to the United States of America over and within the territory described by this section, saving, however, to this state:
   1. 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;
   2. 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;
   3. All rights appertaining to any irrigation ditch or ditches crossing the lands ceded pursuant to subsections (c) and (e) of this section.

History. Laws 1893, ch. 20, § 1; 1899, ch. 24, § 1; R.S. 1899, §§ 978, 2661; Laws 1901, ch. 30, § 1; 1903, ch. 45, § 1; 1905, ch. 80, §§ 1, 2; C.S. 1910, §§ 701, 703, 705, 707, 709, 710; 1920, §§ 814, 816, 818, 820, 822, 823; R.S. 1931, §§ 118-105, 118-106, 118-108, 118-110, 118-112, 118-113; C.S. 1945, §§ 30-601, 30-602, 30-604, 30-606, 30-608, 30-609; W.S. 1957, §§ 19-90, 19-91, 19-93, 19-95, 19-97, 19-98; Laws 1977, ch. 138, § 1; W.S. 1977, § 19-4-101 ; Laws 1998, ch. 99, § 4.

Cross references. —

As to United States lands generally, see §§ 36-10-101 to 36-10-105 .

Taxation of property. —

Cattle and horses belonging to a post and Indian trader, kept on an Indian reservation, are not exempt from state taxation because of his character as such trader; and fact that such property is on the reservation with consent of the Indians, whom he pays for the privilege, does not render it exempt from taxation. Moore v. Beason, 7 Wyo. 292, 51 P. 875, 1898 Wyo. LEXIS 5 (Wyo. 1898).

Ceded military area. —

The provisions of this section remain in force after cession of area to United States, congress having failed to adopt superseding legislation. Danielson v. Donmopray, 57 F.2d 565, 1932 U.S. Dist. LEXIS 1134 (D. Wyo. 1932).

Jurisdiction of state courts. —

State courts have jurisdiction of action for wrongful death occurring within federal military reservation ceded to Danielson v. Donmopray, 57 F.2d 565, 1932 U.S. Dist. LEXIS 1134 (D. Wyo. 1932).

Wrongful death action. —

Action for wrongful death under a law enacted prior to ceding jurisdiction on a military reservation is applicable on said reservation. Danielson v. Donmopray, 57 F.2d 565, 1932 U.S. Dist. LEXIS 1134 (D. Wyo. 1932).

Law reviews. —

For article, “The Engle Act and Military Land Withdrawals: A Blueprint for Inter-Agency Cooperation,” see XXXII Land & Water L. Rev. 461 (1997).

Am. Jur. 2d, ALR and C.J.S. references. —

State voting rights of residents of federal military establishment, 34 ALR2d 1193.

Validity, construction, and application of 18 U.S.C. § 1382, prohibiting trespass on military installation, 12 ALR Fed 638.

Construction and application of 18 U.S.C. § 3238 relating to venue in cases of federal criminal offenses committed outside jurisdiction of any state or district, 24 ALR Fed 365.

§ 19-7-401. Wyoming military assistance trust fund; establishment of trust fund; corpus inviolate; investment by state treasurer. [Effective until July 1, 2021]

1. 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.
2. 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. 9-4-715(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. 19-7-402 .

History. Laws 2004, ch. 97, § 1; 2005, ch. 231, § 1; 2008, ch. 113, § 2.

The 2005 amendment, effective July 1, 2005, in (a), deleted “An account within the trust and agency” from the beginning and substituted “fund” for “account” at the end; and in (b), deleted “within the trust and agency fund” following “a separate account” in the final sentence.

The 2008 amendment, effective July 1, 2008, substituted “W.S. 9-4-715(a), (d) and (e)” for “W.S. 9-4-711 ” in (b).

The 2021 amendments. —

The first 2021 amendment, by ch. 108, § 1, effective July 1, 2021, in the third sentence of (b), added "and in a manner to obtain the highest net return possible consistent with the preservation of the corpus."

The second 2021 amendment, by ch. 144, § 2, effective July 1, 2021, in the last sentence of (b), substituted "earnings" for "interest earned," deleted "annually" following "fund shall be" and substituted "in accordance with W.S. 9-4-108 " for "not later than June 30 of each year."

This section is set out as reconciled by the Wyoming legislative service office.

Conflicting legislation. —

Laws 2005, ch. 231, § 3, provides: “The provisions of this act shall supersede the provisions of any other bill enacted into law during the 2005 general session which amends or references accounts or funds to the extent any other enactment is inconsistent with the establishment of the funds and accounts created under this act. The state auditor shall account for any fund or account created in any other legislation enacted in the 2005 general session in accordance with generally accepted accounting principles (GAAP) as promulgated by the governmental accounting standards board (GASB) and in accordance with this act.”

§ 19-7-401. Wyoming military assistance trust fund; establishment of trust fund; corpus inviolate; investment by state treasurer. [Effective July 1, 2021]

1. 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.
2. 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 by law and in a manner to obtain the highest net return possible consistent with the preservation of the corpus. The earnings from investment of the corpus of the trust fund shall be credited by the state treasurer in accordance with W.S. 9-4-108 into a separate account and distributed in accordance with W.S. 19-7-402 .

History. Laws 2004, ch. 97, § 1; 2005, ch. 231, § 1; 2008, ch. 113, § 2; 2021, ch. 108, § 1; ch. 144, § 2.

§ 19-7-402. Wyoming military assistance trust fund; uses of trust fund; administration; rulemaking.

1. The investment income from the military assistance trust fund created by W.S. 19-7-401 shall be administered by the adjutant general only to alleviate financial hardships faced by:
   1. 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;
   2. 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;
   3. Any other Wyoming resident performing service in the uniformed services as defined in W.S. 19-11-103(a)(ix) for any branch of the military of the United States; and
   4. 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. 2-1-301(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.
2. 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.
3. 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.

History. Laws 2004, ch. 97, § 1.

§ 19-7-403. Wyoming military assistance trust fund; annual report; confidentiality; assistance from the state treasurer.

1. The adjutant general shall include within the department’s biennial budget request submitted under W.S. 9-2-1013 a report specifying:
   1. The total amount of interest income earned from the military assistance trust fund during the immediately preceding two (2) state fiscal years;
   2. The total amount of assistance provided from the interest income earned from the military assistance trust fund;
   3. 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
   4. 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.
2. 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. 16-4-201 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.
3. The adjutant general may request assistance from the state treasurer to prepare the annual report required by this section.

History. Laws 2004, ch. 97, § 1; 2014, ch. 7, § 2.

The 2014 amendment, rewrote (a)(intro) and in (a)(i), substituted “the immediately preceding two (2) state fiscal years” for “the preceding state fiscal year.”

§ 19-8-101. Organized and unorganized militia.

1. The militia of the state is divided into the organized militia and the unorganized militia.
2. The organized militia consists of the following:
   1. 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
   2. Wyoming state guard forces, when organized.
3. The unorganized militia consists of all persons liable to serve in the militia but not commissioned or enlisted in the organized militia.

History. Laws 1969, ch. 72, § 4; 1977, ch. 138, § 1; W.S. 1977, § 19-2-103 ; 1998, ch. 99, § 4.

§ 19-8-102. Composition of state militia; age limits; physical and mental qualifications.

1. 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.
2. The following persons are exempt from militia service:
   1. Persons exempt from military service by the laws of the United States;
   2. 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;
   3. Students preparing for the ministry in recognized theological or divinity schools; and
   4. Persons who, by reason of religious belief, have scruples of conscience adverse to bearing arms.

History. W.S. 1957, § 19-78.2; Laws 1969, ch. 72, §§ 2, 3; 1977, ch. 138, § 1; W.S. 1977, § 19-2-102 ; Laws 1998, ch. 99, § 3; 1999, ch. 138, § 1.

Am. Jur. 2d, ALR and C.J.S. references. —

Part-time religious activity as giving rise to minister of religion status entitling to exemption under § 6 (g) of the Universal Military Training and Service Act (50 U.S.C. § 456 (g) [ 50 U.S.C. Appx § 456(g)]), 1 ALR Fed 607.

Discharge from armed forces on ground of conscientious objection, 10 ALR Fed 15.

§ 19-8-103. Pursuit of insurrectionists.

1. 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.
2. 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.

History. Laws 1951, ch. 49, § 5; W.S. 1957, § 19-3; Laws 1977, ch. 138, § 1; W.S. 1977, § 19-1-102 ; Laws 1998, ch. 99, § 3.

§ 19-8-104. Other organizations parading with arms prohibited; penalty.

1. 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.
2. 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.

History. Laws 1925, ch. 163, §§ 44, 45; R.S. 1931, §§ 73-145, 73-146; C.S. 1945, §§ 30-148, 30-149; W.S. 1957, §§ 19-36, 19-37; Laws 1977, ch. 138, § 1; W.S. 1977, § 19-1-106 ; Laws 1998, ch. 99, § 3.

Am. Jur. 2d, ALR and C.J.S. references. —

Validity, construction, and application of state or local enactments regulating parades, 80 ALR5th 255.

§ 19-8-105. 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.

History. Laws 1925, ch. 163, § 43; R.S. 1931, § 73-144; C.S. 1945, § 30-147; W.S. 1957, § 19-10; Laws 1977, ch. 138, § 1; W.S. 1977, § 19-1-105 ; Laws 1998, ch. 99, § 3.

§ 19-9-101. Creation and composition of military department; laws governing national guard.

1. 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.
2. 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.

History. Laws 1925, ch. 163, §§ 1, 24; R.S. 1931, §§ 73-101, 73-124; Laws 1939, ch. 28, § 1; C.S. 1945, §§ 30-101, 30-126; W.S. 1957, §§ 19-17, 19-28, 19-78.5, 19-78.6; Laws 1969, ch. 72, §§ 5, 6; 1977, ch. 138, § 1; W.S. 1977, § 19-2-201 ; Laws 1998, ch. 99, § 3.

§ 19-9-102. Organization of national guard; duty of governor.

1. 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:
   1. An adjutant general;
   2. Those assistant adjutants general and general officers appointed pursuant to W.S. 19-7-104(a);
   3. 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;
   4. 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.
2. 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.

History. Laws 1925, ch. 163, § 4; R.S. 1931, § 73-104; C.S. 1945, § 30-105; W.S. 1957, §§ 19-14, 19-78.7; Laws 1961, ch. 96, § 1; 1969, ch. 72, § 7; 1977, ch. 138, § 1; W.S. 1977, § 19-2-202 ; Laws 1998, ch. 99, § 3; 2003, ch. 19, § 1; 2007, ch. 22, § 1; 2017, ch. 45, § 1.

The 2007 amendment, effective July 1, 2007, in (a)(iv), inserted “and enlisted members” and substituted “designated” for “commissioned.”

The 2017 amendment, in (a)(ii), substituted “Those assistant” for “Two (2) assistant,” and inserted “and general officers.”

Laws 2017, ch. 45, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by Art. 4, § 8, Wy. Const. Approved Feb. 17, 2017.

Meaning of “this act.” —

For definition of “this act,” referred to in this section, see § 19-7-101(a)(xii).

§ 19-9-103. Manner of calling for duty.

1. Officers and enlisted personnel may be called for duty by any of the following means:
   1. By stating the substance of the order or by reading it to him in person or over the phone;
   2. By radio or television communication;
   3. 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
   4. 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.

History. Laws 1998, ch. 99, § 1.

Editor's notes. —

There is no subsection (b) in this section as it appears on the printed act.

§ 19-9-201. 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.

History. Laws 1925, ch. 163, § 27; R.S. 1931, § 73-127; C.S. 1945, § 30-129; W.S. 1957, §§ 19-32, 19-78.17; Laws 1969, ch. 72, § 17; 1977, ch. 138, § 1; W.S. 1977, § 19-2-401 ; Laws 1998, ch. 99, § 4.

Salaries. —

Compiled Statutes 1920, §§ 386, 387, specifying salaries of officers and enlisted men of national guard during encampments, did not provide a continuing appropriation, it being contemplated that each legislature should appropriate sufficient to meet the obligation. State ex rel. Davis v. Carter, 31 Wyo. 401, 226 P. 690, 1924 Wyo. LEXIS 34 (Wyo. 1924).

Am. Jur. 2d, ALR and C.J.S. references. —

Liability of officer for injury from discharge of firearms by militiamen during military exercise, 49 ALR3d 762.

§ 19-9-202. 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.

History. Laws 1925, ch. 163, § 28; R.S. 1931, § 73-128; C.S. 1945, § 30-130; W.S. 1957, §§ 19-34, 19-78.18; Laws 1969, ch. 72, § 18; 1977, ch. 138, § 1; W.S. 1977, § 19-2-402 ; Laws 1998, ch. 99, § 4.

§ 19-9-203. Establishing bounds for annual field training and other missions; entry without leave; disorderly conduct; interrupting, molesting, insulting or obstructing officer or soldier; penalties.

1. 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.
2. 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.

History. Laws 1925, ch. 163, § 29; R.S. 1931, § 73-129; C.S. 1945, § 30-131; W.S. 1957, §§ 19-35, 19-78.19; Laws 1969, ch. 72, § 19; 1977, ch. 138, § 1; W.S. 1977, § 19-2-403 ; Laws 1998, ch. 99, § 3; 2000, ch. 24, § 4; 2004, ch. 42, § 1.

The 2004 amendment, in (a), deleted “justice of the peace or” following “and taken before a.”

Laws 2004, ch. 42, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 3, 2004.

Am. Jur. 2d, ALR and C.J.S. references. —

Validity, construction, and application of 18 U.S.C. § 1382, prohibiting trespass on military installation, 12 ALR Fed 638.

§ 19-9-204. Command of military force called into service.

1. 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.
2. 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.

History. Laws 1925, ch. 163, §§ 13, 33; R.S. 1931, §§ 73-113, 73-133; C.S. 1945, §§ 30-114, 30-136; W.S. 1957, §§ 19-16, 19-19, 19-78.20, 19-78.21; Laws 1969, ch. 72, §§ 20, 21; 1977, ch. 138, § 1; W.S. 1977, § 19-2-404 ; Laws 1998, ch. 99, § 4.

§ 19-9-205. 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.

History. Laws 1925, ch. 163, § 50; R.S. 1931, § 73-151; C.S. 1945, § 30-154; W.S. 1957, §§ 19-48, 19-78.22; Laws 1969, ch. 72, § 22; 1977, ch. 138, § 1; W.S. 1977, § 19-2-405 ; Laws 1998, ch. 99, § 3.

Am. Jur. 2d, ALR and C.J.S. references. —

Judicial review of military action with respect to type of discharge given serviceman, 4 ALR Fed 343.

§ 19-9-206. 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.

History. Laws 1925, ch. 163, § 34; R.S. 1931, § 73-134; C.S. 1945, § 30-137; W.S. 1957, §§ 19-20, 19-78.23; Laws 1969, ch. 72, § 23; 1977, ch. 138, § 1; W.S. 1977, § 19-2-406 ; Laws 1998, ch. 99, § 4.

§ 19-9-207. Suppressing tumult; preserving order, insuring public safety; expenses; creation of additional units; draft.

1. 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:
   1. Aid in suppressing any tumult, riot, mob or invasion;
   2. Assist in preserving order and insure the public safety in time of emergency when other civil agencies are unable to perform the function;
   3. Insure public safety and assist in the protection of property or persons in times of fire, flood or other domestic catastrophe;
   4. Perform such other duties as the commander in chief may require and which the militia or national guard may lawfully perform.
2. 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.

History. Laws 1890-91, ch. 64, § 1; R.S. 1899, § 5429; C.S. 1910, § 6300; C.S. 1920, § 7596; R.S. 1931, § 73-135; C.S. 1945, § 30-138; W.S. 1957, §§ 19-21, 19-78.24; Laws 1969, ch. 72, § 24; 1977, ch. 138, § 1; W.S. 1977, § 19-2-407 ; Laws 1998, ch. 99, § 3.

Am. Jur. 2d, ALR and C.J.S. references. —

Prosecutions of inmates of state or local penal institutions for crime of riot, 39 ALR4th 1170.

§ 19-9-208. Right-of-way for troops.

Troops or forces of the United States or the national guard of Wyoming parading or performing any duty according to law, have the right-of-way in any street or highway through which they may pass but carriage of the United States mails, legitimate functions of the police and operations of fire departments shall not be unnecessarily interfered with.

History. Laws 1925, ch. 163, § 46; R.S. 1931, § 73-147; C.S. 1945, § 30-150; W.S. 1957, §§ 19-38, 19-78.25; Laws 1969, ch. 72, § 25; 1977, ch. 138, § 1; W.S. 1977, § 19-2-408 ; Laws 1998, ch. 99, § 4.

§ 19-9-209. Service in state; active duty status outside of state; costs to state.

1. The governor, upon the written request of the governor of any other state, may order any member or unit of the national guard into state active duty for the benefit of another state, for periods of time not to exceed ninety (90) days.
2. Members ordered into state active duty pursuant to subsection (a) of this section shall:
   1. Receive the same pay and allowances as though their service is within this state; and
   2. Repealed by Laws 2006, ch. 59, § 2.
   3. Remain subject to recall by the governor of this state.
3. All privileges and immunities from liability, exemptions from law, ordinances and rules and all pension, disability relief and workers compensation benefits that apply when performing functions within the territorial limits of the state apply to the same extent while engaged in the performance of any functions and duties extraterritorially.
4. Except for assistance provided in accordance with the Emergency Management Assistance Compact, the service of members to the requesting state shall be at no cost to the state of Wyoming and all expenses incurred by the state of Wyoming shall be the responsibility of the requesting state. For assistance provided in accordance with the Emergency Management Assistance Compact, the allocation of expenses incurred by the state shall be determined by the governor of this state and the legal representatives of other party states as provided in W.S. 19-13-410 of that compact.

History. Laws 1998, ch. 99, § 1; 2003, ch. 21, § 2; 2006, ch. 59, §§ 1, 2.

Cross references. —

As to the Emergency Management Assistance Compact Act, see § 19-13-401 et seq.

The 2006 amendment, effective July 1, 2006, repealed (b)(ii), which read: “Not be placed under arms nor assigned law enforcement missions; and”; and made a related change in (b)(i).

§ 19-9-210. State active duty without pay.

1. Members of the Wyoming national guard may voluntarily request to be placed upon orders for state active duty, without pay, when assistance has been requested from an agency or political subdivision of this state or the federal government and such assistance has been approved by the adjutant general. Members shall receive from the requesting agency pay and allowances equal to the greater of their military pay or that of civilians employed by the requesting agency in the same or similar positions and reimbursement of uncompensated medical expenses as provided in W.S. 19-9-403(a).
2. When serving on state active duty, without pay, members shall be deemed state employees for the purpose of being covered under the Wyoming Worker’s Compensation Act and their state active duty shall be considered an extrahazardous occupation under W.S. 27-14-108 .

History. Laws 1998, ch. 99, § 1; 2003, ch. 19, § 1; 2010, ch. 95, § 1.

The 2010 amendment, effective July 1, 2010, inserted “and reimbursement of uncompensated medical expenses as provided in W.S. 19-9-403(a)” in (a).

§ 19-9-211. The National Guard Mutual Assistance Counter-Drug Activities Compact.

The National Guard Mutual Assistance Counter-Drug Activities Compact as contained herein is hereby enacted into law and entered into on behalf of this state with any and all other states legally joining therein in a form substantially as follows:

History. Laws 1998, ch. 99, § 1.

The National Guard Mutual Assistance Counter-Drug Activities Compact

§ 19-9-212. Governor’s authority to order service under Title 32 of the United States Code.

The governor may order any member of the national guard of Wyoming to duty under Title 32 of the United States Code, to respond to either natural or man made emergencies within Wyoming, to support national wildland fire response or to respond to requests originated in accordance with W.S. 19-9-209 . This section is meant to clarify the governor’s authority under Title 32 and is not intended to limit the governor’s inherent authority as the commander in chief of the national guard.

History: Laws 2014, ch. 104, § 1.

Effective date. —

Laws 2014, ch. 104, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8 of the Wyo. Const.. Approved March 10, 2014.

§ 19-9-301. National guard officers generally.

1. All officers of the national guard of Wyoming shall be appointed by the governor of Wyoming as provided in national guard regulations except such officers as may be commissioned 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.
2. All officers appointed in the national guard of Wyoming except the adjutant general, assistant adjutants general and additional general officers shall hold their membership until they have reached seventy (70) years of age unless retired or discharged prior to that time. No officer possesses a property interest in any duty position. The adjutant general is the discharge authority for all officers except the adjutant general, for which the governor shall be that authority. Any officer may be discharged from the Wyoming national guard according to procedures established by orders and regulations prescribed or promulgated by the adjutant general or according to federal law and regulation. An officer discharged from the United States air force or army reserves or who has his federal recognition withdrawn shall also be discharged from the Wyoming national guard effective as of the date of discharge from the reserves or withdrawal of federal recognition.
3. Initial appointments and promotions shall be made from the best qualified officers available for service in a unit or organization. The adjutant general shall for federal promotions and as required by federal regulation, submit recommendations personally or through a federal recognition board appointed by the adjutant general. For state promotion of officers, the adjutant general shall be the promotion authority.
4. Repealed by Laws 2003, ch. 19, § 2.
5. The moral character, capacity and general fitness for the service of any national guard officer may be determined at any time by an administrative board as provided by applicable law and regulations. Commissions of officers of the national guard may be vacated upon resignation or absence without leave for three (3) months upon the recommendation of an administrative board or pursuant to sentence of a courts-martial.
6. The compensation of all officers when on duty by order of the governor shall be the same as paid to officers of like grade in the regular armed forces of the United States including longevity pay and allowances for federal and national guard service.
7. Within ten (10) days of his appointment an officer shall take and subscribe the oath provided in national guard regulations and the oath provided by the Wyoming constitution for all state officers. The officer who administers the oaths shall certify the facts and transmit the oaths or affirmations properly sealed and attested to the adjutant general, who shall file the same. A commission signed by the governor and countersigned by the adjutant general under seal of the adjutant general’s office shall then be issued to all officers qualified as provided for in national guard regulations, to take rank from date of original appointment. The rank of all officers now in the service or hereafter commissioned shall date from date of taking the oath of office.
8. The resignation of officers shall be addressed to the governor and transmitted to the adjutant general through the regular military channels. All commanding officers before forwarding a resignation shall endorse thereon their approval or disapproval, together with all facts bearing on the case. An officer tendering his resignation shall not be considered out of the service until his resignation is accepted. Upon acceptance of the resignation of a commissioned officer, the adjutant general with the approval of the governor, shall issue termination orders.
9. Repealed by Laws 2003, ch. 19, § 2.

History. Laws 1925, ch. 163, §§ 2, 3, 7, 9 to 12; 1939, ch. 21, § 1; R.S. 1931, §§ 73-102, 73-103, 73-107, 73-109 to 73-112; C.S. 1945, §§ 30-102, 30-103, 30-104, 30-108, 30-110 to 30-113; W.S. 1957, §§ 19-56 to 19-59, 19-61 to 19-64, 19-78.13; Laws 1969, ch. 72, § 13; 1977, ch. 138, § 1; W.S. 1977, § 19-2-301 ; Laws 1998, ch. 99, § 3; 1999, ch. 138, § 1; 2003, ch. 19, §§ 1, 2; 2017, ch. 45, § 1.

Cross references. —

For oath of office, see art. 6, § 20, Wyo. Const.

As to rights and duties of guard members, see § 19-9-401 et seq.

The 2017 amendment, in the first sentence of (b), inserted “and additional general officers,” and made a related change.

Laws 2017, ch. 45, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by Art. 4, § 8, Wyo. Const. Approved Feb. 17, 2017.

Editor's notes. —

There is no subsection (i) in this section as it appears in the printed acts.

Removal of adjutant general under former § 19-56. —

See State ex rel. Pearson v. Hansen, 401 P.2d 954, 1965 Wyo. LEXIS 140 (Wyo. 1965); State ex rel. Pearson v. Hansen, 409 P.2d 769, 1966 Wyo. LEXIS 126 (Wyo. 1966).

Termination. —

Under an exception to the Feres doctrine, Wyoming's Air National Guard and its adjutant general faced possible liability for terminating an officer without following all prescribed statutory procedures; state courts lacked subject matter jurisdiction, however, because of the officer's failure to timely seek review of the decision of the National Guard, since the Guard was, to at least some extent, a state agency. Nyberg v. State Military Dep't, 2003 WY 43, 65 P.3d 1241, 2003 Wyo. LEXIS 53 (Wyo. 2003).

Am. Jur. 2d, ALR and C.J.S. references. —

Validity of governmental requirement of oath of allegiance or loyalty as applied to militiamen, 18 ALR2d 268.

§ 19-9-302. Enlistments; oath; term; reenlistments and extensions; discharge.

1. 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.
2. 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.
3. All reenlistments and extensions shall be for the term prescribed by department of defense orders or national guard regulations.
4. 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.
5. 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.
6. 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.

History. Laws 1925, ch. 163, §§ 6, 15, 16; 1937, ch. 134, § 1; R.S. 1931, §§ 73-106, 73-115, 73-116; C.S. 1945, §§ 30-107, 30-116, 30-117, 30-133; W.S. 1957, §§ 19-65 to 19-67, 19-69, 19-78.14; Laws 1969, ch. 72, § 14; 1971, ch. 67, § 1; 1977, ch. 138, § 1; 1994, ch. 15, § 308; 1996, ch. 1, § 336; W.S. 1977, § 19-2-302 ; Laws 1998, ch. 30, § 321; ch. 99, § 3; 2003, ch. 19, § 1.

Cross references. —

As to rights and duties of guard members, see § 19-9-401 et seq.

For oath of office, see art. 6, § 20, Wyo. Const.

Salaries. Sections 386, 387, C.S. 1920, specifying salaries of officers and enlisted men of national guard during encampments, did not provide a continuing appropriation, it being contemplated that each legislature should appropriate sufficient to meet the obligation. State ex rel. Davis v. Carter, 31 Wyo. 401, 226 P. 690, 1924 Wyo. LEXIS 34 (Wyo. 1924).

Am. Jur. 2d, ALR and C.J.S. references. —

Enlistment or mustering of minors, 36 ALR2d 1018.

Validity of governmental requirement of oath of allegiance or loyalty as applied to militiamen, 18 ALR2d 268.

Modern status of military enlistment contract, 62 ALR Fed 860.

What circumstances constitute laches barring federal judicial review of allegedly wrongful discharge from military service, 100 ALR Fed 821.

§ 19-9-303. 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.

History. Laws 1969, ch. 72, § 15; 1977, ch. 138, § 1; W.S. 1977, § 19-2-303 ; Laws 1998, ch. 99, § 4.

§ 19-9-304. 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.

History. Laws 1925, ch. 163, § 25; R.S. 1931, § 73-125; C.S. 1945, § 30-127; W.S. 1957, §§ 19-31, 19-78.16; Laws 1969, ch. 72, § 16; 1977, ch. 138, § 1; W.S. 1977, § 19-2-304 ; Laws 1998, ch. 99, § 3.

§ 19-9-401. National Guard members granted certain exemptions.

1. Members of the Wyoming national guard are exempt from:
   1. Labor on the public highways;
   2. Service as jurors;
   3. Garnishment or attachment of monies accruing from performance of military duty under orders of the governor.
2. Every commissioned officer, warrant officer and enlisted man while engaged in active state service has all powers and immunities of other peace officers.
3. 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:
   1. The Wyoming attorney general if the case does not result in litigation; or
   2. By the district judge before whom the case is tried.
4. 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.

History. Laws 1925, ch. 163, §§ 14, 23; R.S. 1931, §§ 73-114, 73-123; C.S. 1945, §§ 30-115, 30-125; W.S. 1957, §§ 19-47, 19-68, 19-78.26, 19-78.27; Laws 1969, ch. 72, §§ 26, 27; 1971, ch. 187, § 1; 1977, ch. 138, § 1; W.S. 1977, § 19-2-501 ; Laws 1998, ch. 99, § 4; 2011, ch. 94, § 1.

The 2011 amendment, added (d).

Laws 2011, ch. 94, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 2, 2011.

Am. Jur. 2d, ALR and C.J.S. references. —

Official immunity of state national guard members, 52 ALR4th 1095.

§ 19-9-402. 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.

History. Laws 1998, ch. 99, § 1.

§ 19-9-403. 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.

1. 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.
2. 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. 27-14-108 .
3. 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.
4. 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.

History. Laws 1969, ch. 72, § 28; 1971, ch. 62, § 1; 1977, ch. 138, § 1; W.S. 1977, § 19-2-502 ; 1998, ch. 99, § 3; 2003, ch. 19, § 1; 2010, ch. 95, § 1; 2013, ch. 131, § 1.

The 2010 amendment, effective July 1, 2010, added the second through fourth sentences of (a).

The 2013 amendment, in (a), substituted “The adjutant general may pay or reimburse reasonable medical expenses incurred by an” for “While serving in state active duty, officers and enlisted men are entitled to receive reimbursement for reasonable medical expenses paid by the” in the second sentence, added “or reasonably eligible for payment,” “payment or” and made a stylistic change in the third sentence.

Laws 2013, ch. 131, § 2, made the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8 of the Wyo. Const. Approved March 13, 2013.

Salaries. —

Compiled Statutes 1920, §§ 386, 387, specifying salaries of officers and enlisted men of national guard during encampments, did not provide a continuing appropriation, it being contemplated that each legislature should appropriate sufficient to meet the obligation. State ex rel. Davis v. Carter, 31 Wyo. 401, 226 P. 690, 1924 Wyo. LEXIS 34 (Wyo. 1924).

Am. Jur. 2d, ALR and C.J.S. references. —

Validity and construction of state statutes requiring employers to compensate employees for absences occasioned by military service, 8 ALR4th 704.

§ 19-9-501. 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.

History. Laws 2001, ch. 114, § 1.

§ 19-9-502. Definitions.

1. As used in this article:
   1. “Authorized courses” means:
      1. Credit courses which meet undergraduate or graduate degree requirements; and
      2. 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.
   2. “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;
   3. “Member” means an active, in good standing, member of the Wyoming national guard;
   4. “Montgomery GI Bill” means the federal Montgomery GI Bill Act of 1984, Public Law 98-525 and subsequent amendments thereto;
   5. “Plan” means the educational assistance plan established under this article;
   6. “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;
   7. “Wyoming public institutions of higher education” means the University of Wyoming and Wyoming community colleges.

History. Laws 2001, ch. 114, § 1; 2009, ch. 131, § 1.

The 2009 amendment, effective July 1, 2009, added the second sentence in (a)(vi).

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

Federal law. —

The Montgomery GI Bill Act of 1984, Public Law 98-525, is generally codified as 38 U.S.C. § 3001 et seq.

§ 19-9-503. Requirements for educational assistance; assistance payments.

1. 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:
   1. Have completed basic military training or officer training unless waived by the adjutant general for good cause shown;
   2. 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;
   3. 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;
   4. 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;
   5. Have declared an academic major or educational objective; and
   6. 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.
2. Members meeting the requirements of subsection (a) of this section may receive educational assistance benefit payments as follows:
   1. 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;
   2. 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;
   3. 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;
   4. Payment shall be made directly to the institution after the institution officially certifies that the member has registered;
   5. 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.

History. Laws 2001, ch. 114, § 1; 2004, ch. 2, § 1; 2005, ch. 2, § 1.

The 2004 amendment, effective July 1, 2004, added the proviso in (a)(i).

The 2005 amendment, effective July 1, 2005, in (a)(iii), added “including initial enlistment and any previous contract or contracts”; and in (a)(vi), added “unless the adjutant general for cause and pursuant to rule and regulation waives the grade point average requirement.”

§ 19-9-504. Restrictions; repayment of benefits.

1. Plan participation and benefit payments shall be subject to the following additional restrictions and qualifications:
   1. The plan may be used to complete only one (1) degree, certificate or other educational objective;
   2. Participation shall be limited to the earlier of:
      1. A period of ten (10) years from the date of the participant’s initial enrollment in the plan; or
      2. The participant’s completion of his one (1) degree, certificate or other educational objective.
   3. 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;
   4. Any member who has received assistance under the plan and who fails to complete the initial six (6) year commitment required by W.S. 19-9-503(a)(iii) and maintain satisfactory participation in the active Wyoming national guard for the two (2) year period required by W.S. 19-9-503(a)(iv), shall repay all educational assistance received under the plan.
2. 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.

History. Laws 2001, ch. 114, § 1.

§ 19-9-601. 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.

History. Laws 2006, ch. 72, § 1; 2008, ch. 52, § 1.

The 2008 amendment, effective July 1, 2008, substituted “guard members” for “guard servicemembers”.

§ 19-9-602. Definitions.

1. As used in this article:
   1. “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;
   2. “Qualified member” means an active member in good standing of the Wyoming national guard;
   3. “Servicemembers group life insurance” means that life insurance issued to a qualified member pursuant to 38 U.S.C., Chapter 19;
   4. “State sponsored life insurance” means the group life insurance program pursuant to 37 U.S.C. 707.

History. Laws 2006, ch. 72, § 1; 2008, ch. 52, § 1.

The 2008 amendment, effective July 1, 2008, in (a)(i) inserted “or the cost of state sponsored life insurance as determined by the insurers”; and added (a)(iv).

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

§ 19-9-603. Requirements for premium reimbursement.

1. 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:
   1. Have completed basic military training or officer training unless waived by the adjutant general for good cause shown;
   2. 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;
   3. 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.
2. 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.
3. 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.

History. Laws 2006, ch. 72, § 1; 2008, ch. 52, § 1.

The 2008 amendment, effective July 1, 2008, substituted “reimbursement” for “payment” in the introductory language of (a); inserted “or state sponsored life insurance” in (b).

Editor's notes. —

Laws 2006, ch. 72, § 3, directs that no reimbursement be made under the act for periods of service before its effective date.

§ 19-9-701. [Repealed effective June 30, 2025.] National guard youth challenge program; administration of program.

1. 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.
2. 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. 21-4-102(c) by the national guard youth challenge program shall be utilized for the sole purpose of recruitment for the national guard youth challenge program.
3. The Wyoming military department may promulgate rules for the administration of the program.

History: Laws 2009, ch. 114, § 1; 2014, ch. 72, § 1.

The 2014 amendment, in (b), added the second sentence.

Laws 2014, ch. 72, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution. Approved March 10, 2014.

§ 19-9-702. [Repealed effective June 30, 2025.] Funding.

To the extent available, for every forty cents ($.40) of federal funds appropriated to the national guard youth challenge program, the department may expend funds appropriated by this state for this program in an amount not to exceed sixty cents ($.60), 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. 19-9-704 .

History. Laws 2009, ch. 114, § 1; 2016, ch. 9, § 1.

The 2016 amendment, effective July 1, 2016, substituted “forty cents ($.40)” for “sixty cents ($.60) twice in first sentence.

Editor's notes. —

Laws 2016, ch. 9 § 2, provides: “There is appropriated two million five hundred ten thousand four hundred eight dollars ($2,510,408.00) from the school foundation fund and one million five hundred thousand dollars ($1,500,000.00) in federal funds to the Wyoming military department for the national guard youth challenge program.”

§ 19-9-703. [Repealed effective June 30, 2025.] Reporting.

1. The department shall include a report within any biennial budget request submitted under W.S. 9-2-1013 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:
   1. Yearly enrollment in the national guard youth challenge program;
   2. Number of youth remaining after the first two (2) weeks of the challenge program;
   3. Yearly number of youth successfully completing the challenge program;
   4. A detailed listing of budget expenditures for the challenge program; and
   5. A report on the status of program graduates to the extent available.

History: Laws 2009, ch. 114, § 1; 2014, ch. 7, § 2.

The 2014 amendment, rewrote (a)(intro) and deleted “for the preceding four (4) years” following “program graduates” in (a)(v).

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

§ 19-9-704. Sunset.

W.S. 19-9-701 through 19-9-703 are repealed effective June 30, 2025.

History. Laws 2009, ch. 114, § 1; 2012, ch. 18, § 1; 2016, ch. 9, § 1.

The 2012 amendment, substituted “June 30, 2017” for “June 30, 2012.”

Laws 2012, ch. 18 § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 6, 2012.

The 2016 amendment, effective July 1, 2016, substituted “2025” for “2017.”

Editor's notes. —

Laws 2016, ch. 9 § 2, provides: “There is appropriated two million five hundred ten thousand four hundred eight dollars ($2,510,408.00) from the school foundation fund and one million five hundred thousand dollars ($1,500,000.00) in federal funds to the Wyoming military department for the national guard youth challenge program.”

§ 19-9-801 through 19-9-804. National guard health care provider retention program; administration of program. [Repealed]

History. Laws 2009, ch. 177, § 1.

§ 19-9-805. Sunset.

W.S. 19-9-801 through 19-9-804 are repealed effective June 30, 2017.

History. Laws 2009, ch. 177, § 1; 2013, ch. 40, § 1.

The 2013 amendment, substituted “2017” for “2013”.

Laws 2013, ch. 40, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo Const. Approved February 14, 2013.

Editor's notes. —

Laws 2009, ch. 177, § 1, enacted this section as § 19-9-705. It has been redesignated as § 19-9-805 at the direction of the Legislative Service Office.

Appropriations. —

Laws 2009, ch. 177, § 3, provides: “All monies appropriated for purposes of this article shall not lapse until the program is terminated as provided by W.S. 19-9-805 .”

§ 19-10-101. Organization by governor; appointment of council; removal; control.

1. If the national guard of Wyoming is ordered into the service of the United States, the governor may organize and maintain within this state during that period, under such regulations as the secretary of defense may prescribe, such military forces as may be authorized by the secretary of defense or as the governor deems necessary for the defense of the state. The forces shall be known as the Wyoming state guard. Insofar as practicable, the existing laws, rules and regulations governing the national guard shall be applied to the control of the Wyoming state guard. The force shall be of such strength as directed by the secretary of defense, with such expansion in the future as may be authorized. The Wyoming state guard shall be armed, trained and equipped in such manner as may be prescribed by the secretary of defense or the governor of Wyoming.
2. For the purpose of coordinating desirable national defense activities, the governor shall appoint a Wyoming state council of defense. The council, subject to the approval of the governor, may organize necessary subordinate branches and establish rules and regulations for the operation of the council and subordinate branches, and assist in all matters pertaining to the Wyoming state guard and other state or national defense activities not otherwise covered by law. Appointment to the council of defense is not limited by any requirements as to prior military or naval service. The governor may remove any member as provided in W.S. 9-1-202 .
3. The adjutant general of Wyoming shall be in control of the Wyoming state guard, subordinate only to the governor in matters pertaining thereto. He is further charged with the responsibility of coordinating all other defense activities as are provided by W.S. 19-8-103 and 19-10-101 through 19-10-108 .

History. Laws 1951, ch. 49, § 1; W.S. 1957, § 19-79; Laws 1977, ch. 138, § 1; 1987, ch. 175, § 1; W.S. 1977, § 19-3-101 ; Laws 1998, ch. 99, § 3.

Cross references. —

As to ordering of national guard into service of United States, see § 19-9-204 .

§ 19-10-102. Pay and allowances.

Members of the Wyoming state guard, when serving under orders of the governor of Wyoming, shall receive out of the general fund of Wyoming not otherwise appropriated the same pay and allowances authorized for personnel of equal rank in the national guard.

History. Laws 1951, ch. 49, § 2; W.S. 1957, § 19-80; Laws 1977, ch. 138, § 1; W.S. 1977, § 19-3-102 ; Laws 1998, ch. 99, § 4.

§ 19-10-103. Requisition of arms and supplies.

The governor may requisition or purchase from the department of defense or other sources such arms, equipment and supplies as are necessary to equip the Wyoming state guard and may make available to such forces the facilities and equipment of state armories and other state premises and property as are available and necessary.

History. Laws 1951, ch. 49, § 3; W.S. 1957, § 19-81; Laws 1977, ch. 138, § 1; W.S. 1977, § 19-3-103 ; Laws 1998, ch. 99, § 4.

§ 19-10-104. Guard not required to serve outside state; exceptions.

1. The Wyoming state guard is not required to serve outside the boundaries of this state except:
   1. Upon request of the governor of another state, the governor of this state may order any portion of the force to assist the military or police forces of the other state which are actually engaged in the defense of the other state. The forces may be recalled at the discretion of the governor of Wyoming;
   2. As provided by W.S. 19-8-103(b); or
   3. As ordered by the governor of this state in accordance with the provisions of the Emergency Management Assistance Compact.
2. No provision relative to the Wyoming state guard shall be construed as authorizing those forces, or any part thereof, to be called, ordered or in any way drafted into the military service of the United States, but no person is exempt from military service under the laws of the United States by reason of enlistment or commission in the Wyoming state guard.

History. Laws 1951, ch. 49, §§ 4, 6; W.S. 1957, §§ 19-82, 19-83; Laws 1977, ch. 138, § 1; W.S. 1977, § 19-3-104 ; Laws 1998, ch. 99, § 3; 2003, ch. 21, § 2.

Cross references. —

As to the Emergency Management Assistance Compact Act, see § 19-13-401 et seq.

§ 19-10-105. Oath; term of enlistment; eligibility; appointment of officers; removal; employees of state or political subdivisions.

1. The oath to be taken by members of the Wyoming state guard, shall be substantially the same as that prescribed for members of the Wyoming national guard, substituting the words “Wyoming state guard” where necessary.
2. No person may be enlisted or reenlisted in such service for more than two (2) years.
3. All qualified residents of Wyoming, and any nonresident who is accepted into the service, between seventeen (17) and seventy (70) years of age and of good moral character are eligible for membership in the Wyoming state guard.
4. The officers of the Wyoming state guard shall be appointed and commissioned by the governor under such regulations as he may prescribe and may be removed by the governor as provided in W.S. 9-1-202 .
5. No member of the Wyoming state guard who is an officer or employee of the state of Wyoming, or a county, city, town, school district or other political subdivision thereof shall suffer any loss of pay, vacation privilege, seniority or efficiency rating because of serving in the state guard under orders of the governor.

History. Laws 1951, ch. 49, § 7; W.S. 1957, § 19-84; Laws 1977, ch. 138, § 1; 1987, ch. 175, § 1; W.S. 1977, § 19-3-105 ; Laws 1998, ch. 99, § 4; 1999, ch. 138, § 1.

Cross references. —

As to oath required of national guard members, see § 19-9-301 .

Leave of absences are to be paid. —

The legislature intended for employees and officers to be paid while they are on military leaves of absence pursuant to subsection (a); that payment, so long as it is reasonable, may be differential or full pay. Lancto v. City of Rawlins, 892 P.2d 800, 1995 Wyo. LEXIS 54 (Wyo. 1995).

Am. Jur. 2d, ALR and C.J.S. references. —

Validity of governmental requirement of oath of allegiance or loyalty as applied to militiamen, 18 ALR2d 268.

Compensation of public employees while in military service, 22 ALR2d 1134.

Validity and construction of state statutes requiring employers to compensate employees for absences occasioned by military service, 8 ALR4th 704.

Reemployment of discharged servicemen, 9 ALR Fed 225.

What circumstances constitute laches barring federal judicial review of allegedly wrongful discharge from military service, 100 ALR Fed 821.

§ 19-10-106. Application of Military Service Relief Act.

The Military Service Relief Act, W.S. 19-11-101 through 19-11-125 , shall apply to members of the Wyoming state guard.

History. Laws 1998, ch. 99, § 1; 2018, ch. 58, § 2.

The 2018 amendment, effective July 1, 2018, substituted “19-11-125” for “19-11-124.”

§ 19-10-107. Worker's compensation.

In the event of disability or death resulting from an injury while in state active duty under orders of the governor, members of the Wyoming state guard are entitled to the same benefits provided for employees under the provisions of the Wyoming Worker’s Compensation Act. Benefits shall be paid out of the general fund of Wyoming upon certification by the state council of defense.

History. Laws 1951, ch. 49, § 8; W.S. 1957, § 19-85; Laws 1977, ch. 138, § 1; W.S. 1977, § 19-3-106 ; Laws 1998, ch. 99, § 3; 2003, ch. 19, § 1.

Wyoming Worker's Compensation Act. —

See §§ 27-14-101(a), 27-14-102(a)(xxvii).

§ 19-10-108. Courts-martial jurisdiction; exemption from liability for civil or criminal acts; exception.

1. Whenever the Wyoming state guard, or any part thereof, is serving under orders of the governor, the provisions of this act relating to military courts and justice shall apply and are in full force and effect with respect to the Wyoming state guard.
2. The members of the Wyoming state guard shall be afforded the same immunities from civil liability afforded the Wyoming national guard pursuant to W.S. 19-9-401(c).

History. Laws 1951, ch. 49, § 9; W.S. 1957, § 19-86; Laws 1977, ch. 138, § 1; W.S. 1977, § 19-3-108 ; Laws 1998, ch. 99, § 3.

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 19-7-101(a)(xii).

Severability. —

Section 10, ch. 49, Laws 1951, reads: “If any of the provisions of this act or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions of applications of the act which can be given effect without the invalid provisions or application, and to this end the provisions of this act are declared severable.”

Am. Jur. 2d, ALR and C.J.S. references. —

Courts-martial jurisdiction over members of armed forces for “civilian” offenses, 14 ALR Fed 152.

§ 19-10-109. Disposal of state-owned uniforms and equipment; presentation of uniforms to former members.

The adjutant general of Wyoming may present to former members of the Wyoming state guard as partial compensation for their services, to be retained by the former members as their own personal property without cost or charge, such state-owned items of uniform as designated by the adjutant general.

History. Laws 1947, ch. 47, § 1; W.S. 1957, § 19-87; Laws 1977, ch. 138, § 1; W.S. 1977, § 19-3-108 ; Laws 1998, ch. 99, § 3.

§ 19-10-110. Disposal of state-owned uniforms and equipment; public or private sale.

The adjutant general of Wyoming may sell at public or private sale all state-owned equipment, supplies and items of uniform, or any uniforms not claimed by members of the Wyoming state guard within six (6) months or until all state guard members entitled to the uniforms have received the uniforms, as were acquired for the use and convenience of the Wyoming state guard. The equipment, supplies, and items of uniform not sold or disposed of, shall be retained for the use and convenience of the military department of Wyoming.

History. Laws 1947, ch. 47, § 2; W.S. 1957, § 19-88; Laws 1977, ch. 138, § 1; W.S. 1977, § 19-3-109 ; Laws 1998, ch. 99, § 3.

§ 19-10-111. Disposal of state-owned uniforms and equipment; disposition of proceeds of sale.

All proceeds from the sale or sales of state guard equipment, supplies and items of uniform or money from any source shall be deposited with the state treasurer to be credited to the general fund.

History. Laws 1947, ch. 47, § 3; W.S. 1957, § 19-89; Laws 1973, ch. 245, § 3; 1977, ch. 138, § 1; W.S. 1977, § 19-3-110 ; Laws 1998, ch. 99, § 4.

Cross references. —

For similar provisions, see § 19-7-201 .

§ 19-10-112. Honorary promotion upon retirement.

1. Members of the Wyoming state guard may be promoted by the governor or the adjutant general to the next higher grade on the occasion of their retirement from service under the following conditions:
   1. The member has honorably served either a total of at least twenty (20) years in the federal military or the Wyoming state guard combined, provided that no period less than ten (10) years in the Wyoming state guard shall be credited toward these requirements; and
   2. The honorary promotion is requested by the member or the member’s commander.
2. A promotion under this section is only honorary and has no impact on the retirement pay or other monetary benefits of those promoted under this section.

History. Laws 1998, ch. 99, § 1.

§ 19-11-101. Title. [Repealed]

History. Laws 1998, ch. 99, § 1; 2018, ch. 58, § 2; Repealed by Laws 2019, ch. 186, § 2.

§ 19-11-102. Purpose.

1. In order to provide for, strengthen and expedite the national security under conditions which threaten the peace and security of the United States and to enable those citizens of this state who perform service in the uniformed services to more successfully devote their entire energy to the needs of the nation and state, provision is hereby made to provide reemployment rights and other benefits for persons who perform service in the uniformed services. It is herein declared to be the policy of the state of Wyoming that its citizens who serve in the uniformed services and who leave their employment, homes and education shall not be penalized nor economically disadvantaged because of such service.
2. The provisions of this article shall be liberally construed for the benefit of those called to serve in the federal service of the United States or in active state service. The purpose of this article is to prevent members from being disadvantaged and to prohibit discrimination against persons because of their uniformed service when they return to civilian life. It is the sense of the legislature that the state of Wyoming should be a model employer in carrying out the provisions of this article.
3. The provisions of this article are intended to be supplemental to any rights that persons called to military service have under any applicable federal statutes, including the Servicemembers Civil Relief Act, Public Law 108-189, the Uniformed Services Employment and Reemployment Rights Act, 38 U.S.C. 4301 et seq., and under any other applicable laws of this state.
4. Nothing in this article shall supersede, nullify or diminish any federal or state law, including any local law or ordinance, contract, agreement, policy, plan, practice or other matter that establishes a right or benefit that is more beneficial to, or is in addition to a right or benefit provided for such person in this article.
5. This article supersedes any local law or ordinance, contract, agreement, policy, plan, practice or other matter that reduces, limits or eliminates in any manner any right or benefit provided by this article, including the establishment of additional prerequisites to the exercise of any such right or the receipt of any such benefit.

History. Laws 1998, ch. 99, § 1; 2004, ch. 4, § 1; ch. 130, § 1; 2016, ch. 32, § 1.

The 2004 amendments. —

The first 2004 amendment, by ch. 4, § 1, in (c), substituted “Servicemembers Civil Relief Act Public Law 108-189” for “Soldiers’ and Sailors’ Civil Relief Act of 1940, as amended, 50 U.S.C. 501 et seq.”

Laws 2004, ch. 4, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 1, 2004.

The second 2004 amendment, by ch. 130, § 1, substituted “38 U.S.C.” for “43 U.S.C.”

Laws 2004, ch. 130, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 19, 2004.

See the conflicting legislation note below. This section has been set out incorporating both 2004 amendments.

The 2016 amendment, effective July 1, 2016, in (a), substituted “uniformed services” for “uniformed services of the United States”; and substituted “who serve in the uniformed services” for “who serve their country and state.”

Conflicting legislation. —

Laws 2004, ch. 130, § 3, provides: “Any other act adopted by the Wyoming legislature during the same session in which this act is adopted shall be given precedence and shall prevail over the amendments in this act to the extent that such acts are in conflict with this act.”

Federal law. —

The Servicemembers Civil Relief Act is codified as 50 U.S.C.S. Appx. 501 et seq.

§ 19-11-103. Definitions.

1. As used in this article, unless the context clearly requires otherwise:
   1. “Appointed official” means a person holding an appointed position or office with any department, board, commission or agency of the state, or of any political subdivision or municipal corporation, when the office or position is established by the constitution or laws of this state;
   2. “Benefit, benefit of employment, rights and benefits” means any advantage, profit, privilege, gain, status, account or interest other than wages or salary for work performed that accompanies by reason of an employment contract or agreement or an employer policy, plan or practice and includes rights and benefits under a pension plan, a health plan, an employee stock ownership plan, insurance coverage and awards, bonuses, severance pay, supplemental unemployment benefits, vacations and the opportunity to select work hours or location of employment;
   3. “Compensation” means normal or regular base pay, but does not include overtime, per diem, differential pay or any other allowance for other expense, and for firemen, policemen and deputy sheriffs shall also include supplemental pay;
   4. “Elected official” means a person holding an office in a governmental entity of the state or any of its political subdivisions which is filled by the vote of the appropriate electorate;
   5. “Employee” means any person employed by any private or public employer, including an elected or appointed official;
   6. “Employment” means a position as an employee with any private or public employer, including commencement of employment, by any actions in furtherance of employment, once an offer has been extended by an employer and accepted by an employee. Service in the military service greater than thirty (30) days shall not be considered secondary employment;
   7. “Public retirement system” means any public retirement or pension system, fund or plan maintained primarily for officers and employees of the state of Wyoming or of any political subdivision thereof, or any district, board, commission or other agency of either, or of any other such public entity;
   8. “Reasonable efforts”, in the case of actions required of an employer under this article, means actions, including training provided by an employer, that do not place an undue hardship on the employer;
   9. “Service in the uniformed services” means the performance of duty on a voluntary or involuntary basis in a uniformed service under competent authority and includes active duty, active duty for training, initial active duty for training, inactive duty training, full-time national guard duty, a period for which a person is absent from a position of employment for the purpose of an examination to determine the fitness of the person to perform any such duty and active state service by members of the national guard of any state who are activated pursuant to a call of a governor as provided for by law;
   10. “Undue hardship”, in the case of actions taken by an employer, requires consideration of the following factors:
       1. Actions requiring significant difficulty or expense, when considered in light of the nature and cost of the actions needed under this article;
       2. The overall financial resources of the facility or facilities involved in the provision of the action;
       3. The number of persons employed at such facility;
       4. The effect on expenses and resources or the impact otherwise of such action upon the operation of the facility;
       5. The overall financial resources of the employer;
       6. The overall size of the business of an employer with respect to the number of its employees;
       7. The number, type and location of its facilities;
       8. The type of operation or operations of the employer, including the composition, structure and functions of the work force of such employer; and
       9. The geographic separateness, administrative or fiscal relationship of the facility or facilities in question to the employer.
   11. “Uniformed  services” means the armed forces, the army national guard and  the air national guard of any state, the commissioned corps of the public health service and any other  category of persons designated by the president in time of war or  emergency;
   12. “This act” means W.S. 19-11-101 through 19-11-125 .

History. Laws 1998, ch. 99, § 1; 2007, ch. 23, § 1; 2016, ch. 32, § 1; 2018, ch. 58, § 2.

The 2007 amendment, effective July 1, 2007, inserted “active duty” following “includes” and substituted “active state service” for “state active duty” in (a)(ix).

The 2016 amendment , effective July 1, 2016, inserted “of any state” following “national guard” in (a)(ix) and(a)(xi); and substituted “call of a governor” for “call of the governor” in (a)(ix).

The 2018 amendment, effective July 1, 2018, in (a)(xii), substituted “19-11-125” for “19-11-124.”

Editor's notes. —

There is no subparagraph (a)(x)(I) or subsection (b) in this section as it appears on the printed acts.

§ 19-11-104. Discrimination prohibited.

1. A person who is a member of, applies to be a member of, performs, has performed, applies to perform or has an obligation to perform service in an uniformed service shall not be denied initial employment, reemployment, retention in employment, promotion or any benefit of employment by an employer on the basis of that membership, application for membership, performance of service application for service or obligation.
2. An employer shall be considered to have denied a person initial employment, reemployment, retention in employment, promotion or a benefit of employment in violation of this section if the person’s membership, application for membership, service, application for service or obligation for service in the uniformed services is a motivating factor in the employer’s action, unless the employer can prove that the action would have been taken in the absence of such membership, application for membership, performance of service, application for service or obligation.
3. An employer may not discriminate in employment against or take an adverse employment action against any person because such person has taken an action to endorse a protection afforded any person under this act, has testified or otherwise made any statement in or in connection with any proceeding under this act, has assisted or otherwise participated in an investigation under this act or has exercised a right provided for in this act. The prohibition provided for in this subsection shall apply with respect to a person regardless of whether that person has performed service in the uniformed services and shall apply to any position of employment, including a position that is for a brief, nonrecurrent period and there is no reasonable expectation that such employment will continue indefinitely or for a significant period.

History. Laws 1998, ch. 99, § 1.

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 19-11-103(a)(xii).

§ 19-11-105. Awarding of costs and fees.

1. In any administrative or court proceeding which is brought by or against an employer or prior employer in connection with a claim under W.S. 19-11-104 or 19-11-111 , the prevailing member may be awarded a judgment or a settlement against an employer or prior employer for:
   1. Reasonable administrative costs incurred in connection with such administrative proceeding within the employer; and
   2. Reasonable litigation costs incurred in connection with such administrative proceeding within the employer or prior employer.
2. A judgment for reasonable litigation costs shall not be awarded under subsection (a) of this section in any court proceeding unless the court determines that the prevailing party has exhausted the administrative remedies available to such party within the employer or prior employer.
3. An award under subsection (a) of this section shall be made only for reasonable litigation and administrative costs which are allocable to the employer or prior employer and not to any other party.
4. No award for reasonable litigation and administrative costs may be made under subsection (a) of this section with respect to any portion of the administrative or court proceeding during which the prevailing party has unreasonably protracted such proceeding.
5. For purposes of this section:
   1. “Administrative proceeding” means any administrative procedure or other action before the employer or former employer;
   2. “Court proceedings” means any civil action brought in a court within the state of Wyoming;
   3. “Position of the employer or former employer” means the position taken by the employer or former employer in an administrative or judicial proceeding;
   4. “Prevailing  party” means any current or former member of the uniformed services in any proceeding  to which subsection (a) of this section applies who establishes that  the position of the employer or former employer in the proceeding  was not substantially justified, and:
      1. Has substantially prevailed with respect to the action in controversy; or
      2. Has substantially prevailed with respect to the most significant issue or sets of issues presented.
   5. “Reasonable administrative costs” means any administrative fees or similar charges imposed by the employer or former employer and expenses, costs and fees described as reasonable litigation costs identified in paragraph (vi) of this subsection;
   6. “Reasonable litigation costs” includes reasonable court costs and, based on prevailing market rates for the kind or quality of services furnished:
      1. The reasonable expenses of expert witnesses in connection with a court proceeding, except that no expert witness shall be compensated at a rate in excess of the highest rate of compensation for expert witnesses paid by the employer or prior employer if the employer or prior employer utilized expert witnesses;
      2. The reasonable cost of any study, analysis, report or project which is found by the court to be necessary for the preparation of the party’s case; and
      3. Reasonable attorney’s fees, except that such fees shall not be in excess of seventy-five dollars ($75.00) per hour unless the court determines that an increase in the cost of living or a special factor, such as limited availability of qualified attorneys for such proceeding, justifies a higher rate.
6. An award for reasonable litigation costs shall be payable under this section in the same manner as such an award by a district court.
7. For purposes of this section, in the case of multiple actions which could have been joined or consolidated, such actions shall be treated as one (1) court proceeding regardless of whether such joinder or consolidation actually occurs, unless the court in which such action is brought determines, in its discretion, that it would be inappropriate to treat such actions or cases as joined or consolidated.
8. An order granting or denying, in whole or part, an award for reasonable litigation or administrative costs under subsection (a) of this section in a court proceeding may be incorporated as part of the decision or judgment in the court proceeding and shall be subject to appeal in the same manner as the decision or judgment. A decision granting or denying, in whole or in part, an award for reasonable administrative costs under subsection (a) of this section in an administrative proceeding by the employer or former employer shall be subject to appeal by bringing the cause of action to the district court.

History. Laws 1998, ch. 99, § 1; 2016, ch. 32, § 1.

The 2016 amendment, effective July 1, 2016, substituted “uniformed services” for “Wyoming national guard” in (e)(iv).

§ 19-11-106. Compensation.

1. Any private or public employer in this state is hereby authorized to pay compensation to any employee who leaves employment to perform service in the uniformed services. If the employer elects to pay the compensation, it shall be paid on a uniform basis to all such employees of that employer.
2. The payment of compensation subsequent to the employee’s release from service in the uniformed services and upon reemployment with his former employer shall be governed by the provisions of this act.
3. The payment of compensation and benefits to elected officials shall be paid in accordance with the provisions of Wyoming constitution and the laws of this state.

History. Laws 1998, ch. 99, § 1.

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 19-11-103(a)(xii).

§ 19-11-107. Leave status.

1. Any employee who leaves employment in order to perform service in the uniformed services shall be treated as being on military leave of absence during the period of service in the uniformed services, provided that he applies for reemployment in accordance with this act.
2. The employee, at his option, may use any amount or combination of his accrued annual leave, paid military leave, vacation or compensatory leave standing to his credit during the period of service in the uniformed services.
3. The employee shall continue to accrue sick leave, annual leave, vacation leave or military leave on the same basis as he would have accrued such leave during the period of service in the uniformed services.
4. No employer may deduct, from the compensation paid to an employee in service in the uniformed services, any cost of replacing the employee during said employee’s service in the uniformed services.

History. Laws 1998, ch. 99, § 1.

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 19-11-103(a)(xii).

§ 19-11-108. Leave of absence for state, city or county officers and employees; training programs.

1. Any member of the national guard of any state or United States military forces reserve who is an officer or employee of this state or any political subdivision, municipal corporation or any public agency or entity of the state, including community colleges, shall be given a military leave of absence with pay at the regular salary or wage which the employee normally receives, not to exceed fifteen (15) calendar days in any one (1) calendar year to perform service in the uniformed services in addition to any other leave or vacation time to which the person is otherwise entitled.
2. Subject to the conditions prescribed in paragraphs (c)(i) through (v) of this section, any officer or employee of the state or any political subdivision, municipal corporation or public agency of the state who has been employed for one (1) year and who is a member of the national guard of any state or any other component of the military forces of a state, a member of the reserve forces of the United States or who is inducted into the military service of the United States, is entitled to leave of absence from his public office or employment without pay but without loss of seniority, status, efficiency rating, vacation, sick leave or other benefits while he is engaged in active military training or service ordered or authorized by proper authority pursuant to law exceeding fifteen (15) days in any calendar year. Such leave is in addition to any other military leave or vacation time to which the officer or employee may be entitled by law if the required military service is satisfactorily performed, which is presumed unless the contrary is established.
3. Upon completion of service as provided by subsection (b) of this section, the officer or employee shall be reinstated to the public position held at the time of entry into service or a position of like seniority, status and pay, if available, upon the following conditions:
   1. The position has not been abolished or the term thereof, if limited, has not expired;
   2. He is not physically or mentally disabled from performing the duties of the position;
   3. He makes written application for reinstatement to the appointing authority within thirty (30) days following release from military service or within ninety (90) days after discharge from hospitalization or medical treatment which immediately follows the termination of, and results from, the service but not to exceed one (1) year and ninety (90) days after termination of service notwithstanding hospitalization or medical treatment;
   4. He submits an honorable discharge or other release by proper authority indicating his military service was satisfactory; and
   5. The military service does not exceed five (5) years plus any period of additional service imposed by law.
4. Upon reinstatement, the officer or employee has the same rights with respect to accrued and future seniority, status, efficiency rating, vacation, sick leave and other benefits as if he had been actually employed during the time of leave. During the absence, the state of Wyoming or a political subdivision shall discontinue its share of payments for social security, insurance of any type and state retirement unless the employee elects to contribute to the state retirement plan during his absence and the job or office remains open pending his return in which case the state of Wyoming or a political subdivision will likewise contribute its share. No officer or employee reinstated shall be removed or discharged within one (1) year thereafter except for cause, after notice and hearing, but this shall not operate to extend a term of service or office limited by law.
5. This section shall be liberally construed in favor of the member of the national guard of any state or United States military forces who is an officer or employee of this state or any political subdivision, municipal corporation or any public agency of this state.

History. Laws 1998, ch. 99, § 1; 2007, ch. 23, § 1; 2016, ch. 32, § 1.

The 2007 amendment, effective July 1, 2007, in (a), inserted “including community colleges,” substituted “perform service in the uniformed services” for “attend duly authorized encampments, training cruises and similar training programs”; and substituted “five (5)” for “four (4)” in (c)(v).

The 2016 amendment, effective July 1, 2016, substituted “national guard of any state” for “Wyoming national guard” in (a), (b) and (e); “military service of a state” for “military service of the state in (b); and “public agency of this state” for “public agency of the state” in (e).

§ 19-11-109. Life and health and accident insurance.

1. The provisions of this section shall be applicable to any group life insurance, group insurance, family group, blanket and franchise health and accident insurance and health care services plan provided by any private or public employer in this state.
2. Any employee shall have the right to maintain the insurance or plan coverage enumerated in subsection (a) of this section by furnishing his employer with sums equal to that which would have been deducted from his compensation for such coverage. Upon timely receipt of the employee’s contributions required by the insurance policy or plan provisions, the employer shall provide the applicable insurer or health maintenance organization with those contributions plus an amount equal to what the employer would have contributed during the period of service in the uniformed services. The employee shall notify his employer of his election to continue insurance or plan coverage at the time he enters service in the uniformed services.
3. Family members or dependent children of an employee who are covered by any insurance policy or plan enumerated in subsection (a) of this section who are subsequently called to service in the uniformed services shall continue to be considered family members or dependents under the provisions of the policy or plan without any lapse of coverage, provided that all required contributions are paid in accordance with the policy or plan provisions.
4. Any employee who leaves employment to perform service in the uniformed services and who reapplies for coverage after release shall be reinstated, including all of his family members and dependents previously covered, with the group insurance program or medical and health care coverage without any clause or restriction because of a preexisting condition.
5. This section shall not be construed to invalidate the provision of any life insurance policy excluding or restricting coverage in the event of death.
6. This section shall not invalidate any legitimate exclusions to coverage of any policy or plan enumerated in subsection (a) of this section.

History. Laws 1998, ch. 99, § 1.

§ 19-11-110. Worker's compensation benefits; supplementary earnings; voluntary suspension.

1. Any employee receiving supplemental earnings benefits pursuant to the provisions of the Worker’s Compensation Act who is called to service in the uniformed services, is found to be medically deployable militarily and is subsequently deployed, shall, at his option, be allowed to suspend any such benefit payments for which he would otherwise be eligible during his period of service in the uniformed services.
2. The director of the office of workers’ compensation of the department of workforce services shall, by rule, prescribe the method by which such employee may request the suspension of benefits.
3. The employee shall be restored to the same benefits he would have received had he not been called to duty in the uniformed services, provided he makes an application to resume such benefits after his release from service in the uniformed services or release from hospitalization incidental to his service in the uniformed services.

History. Laws 1998, ch. 99, § 1; 2012, ch. 1, § 1.

The 2012 amendment, effective July 1, 2012, substituted “workforce services” for “employment” in (b).

Wyoming Worker's Compensation Act. —

See §§ 27-14-101(a), 27-14-102(a)(xxvii).

§ 19-11-111. Right of reinstatement to former employment.

1. Any person who is absent from a position of employment by reason of service in the uniformed services shall be entitled to the reemployment rights and benefits and other employment benefits of this article within ten (10) days of application for reemployment if all of the following conditions are met:
   1. The person or the authorized officer of the uniformed service in which the service is performed has given advance written or verbal notice of service to the person’s employer;
   2. The cumulative length of the absence and of all previous absences from a position of employment with that employer by reason of service in the uniformed services does not exceed five (5) years;
   3. Except as provided in subsection (f) of this section the person reports to, or submits an application for reemployment to, the employer in accordance with subsection (e) of this section;
   4. If the person has been discharged from the uniformed services, the discharge was an honorable discharge or a discharge under honorable conditions.
2. Notice is not required under subsection (a) of this section if the giving of the notice is precluded by military necessity or, under all of the relevant circumstances, the giving of the notice is otherwise impossible or unreasonable. A determination of military necessity for the purposes of this subsection shall be made pursuant to regulations prescribed by the uniformed services and shall not be subject to judicial review.
3. Subsection (a) of this section shall apply to a person who is absent from a position of employment by reason of service in the uniformed services if the person’s cumulative period of service in the uniformed services with respect to the employer relationship for which a person seeks reemployment does not exceed five (5) years, except that the period of service shall not include any service:
   1. That is required, beyond five (5) years, to complete an initial period of obligated service;
   2. During which the person was unable to obtain orders releasing the person from a period of service in the uniformed services before the expiration of the five (5) year period and the inability was through no fault of the person;
   3. Performed to fulfill additional training requirements determined to be necessary for professional development or for completion of skill training or retraining; or
   4. Performed by a member of a uniformed service who has been:
      1. Ordered to or retained on active duty in time of war or national or state emergency;
      2. Ordered to or retained on active duty other than for training under any provision of law during a war or during a national emergency declared by the president or the congress or emergency declared by the governor; or
      3. Ordered to active duty in support of a critical mission or requirement of the uniformed services.
4. An employer is not required to reemploy a person under this section if the employer demonstrates that:
   1. The employer’s circumstances have so changed as to make reemployment impossible or unreasonable;
   2. The reemployment would impose an undue hardship on the employer; and
   3. The employment from which the person leaves to serve in the uniformed services is for a brief, nonrecurrent period and there is no reasonable expectation that such employment will continue indefinitely or for a significant period.
5. Subject to subsection (f) of this section, a person referred to in subsection (a) of this section shall, upon the completion of a period of service in the uniformed services, notify the employer referred to in subsection (a) of this section of the person’s intent to return to a position of employment with the employer as follows:
   1. In the case of a person whose period of service in the uniformed services was less than thirty-one (31) days, by reporting to the employer in the following manner:
      1. Not later than the beginning of the first full regularly scheduled work period on the first full calendar day following the completion of the period of service and the expiration of eight (8) hours after a period allowing for the safe transportation of the person from the place of that service to the person’s residence;
      2. As soon as possible after the expiration of the eight (8) hour period referred to in subparagraph (A) of this paragraph, if reporting within that period is impossible or unreasonable through no fault of the person.
   2. In the case of a person who is absent from a position of employment for a period of any length for the purposes of an examination to determine the person’s fitness to perform service in the uniformed services, by reporting in the manner and time referred to in paragraph (i) of this subsection;
   3. In the case of a person whose period of service in the uniformed services was for more than thirty (30) days but less than one hundred eighty-one (181) days, by submitting an application for reemployment with the employer not later than fourteen (14) days after the completion of the period of service or if submitting such application within such period is impossible or unreasonable through no fault of the person, the next first full calendar day when submission of such application becomes possible; or
   4. In the case of a person whose period of service in the uniformed services was for more than one hundred eighty-one (181) days, by submitting an application for reemployment with the employer not later than ninety (90) days after the completion of the period of service.
6. A person who is hospitalized for, or convalescing from, an illness or injury incurred in, or aggravated during, the performance of service in the uniformed service, shall, at the end of the period that is necessary for the person to recover from such illness or injury, report to the person’s employer, in the case of a person described in paragraphs (e)(i) and (ii) of this section or submit an application for reemployment with his employer, in the case of a person described in paragraphs (e)(iii) and (iv) of this section. Except as provided in paragraph (e)(ii) of this section, such period of recovery may not exceed two (2) years. The two (2) years shall be extended by the minimum time required to accommodate the circumstances beyond such person’s control which makes reporting within the period specified in paragraph (e)(i) of this section impossible or unreasonable. A person who fails to report or apply for employment or reemployment within the appropriate period specified in subsections (e) and (f) of this section shall not automatically forfeit his entitlement to the rights and benefits referred to in subsection (a) of this section but shall be subject to the conduct, rules, established policy and general practices of the employer pertaining to explanations and discipline with respect to absence from scheduled work.
7. A person who submits an application for reemployment in accordance with paragraph (e)(iii) or (iv) of this section shall provide, upon request by the person’s employer, to the person’s employer documentation to establish the following:
   1. The person’s application is timely;
   2. The person has not exceeded the service limitations set forth in paragraph (a)(ii) of this section, except as permitted under subsection (c) of this section; and
   3. If the person has been discharged from the uniformed service, the discharge was an honorable discharge or a discharge under honorable conditions.
8. Documentation of any matter referred to in subsection (g) of this section that satisfies regulations prescribed by the adjutant general shall satisfy the documentation requirements in subsection (g) of this section. Failure to provide documentation that satisfies regulations prescribed by the adjutant general shall not be a basis for denying reemployment in accordance with the provisions of this section if the failure occurs because the documentation does not exist or is not readily available at the time of the request of the employer. If, after reemployment, documentation becomes available that establishes that the person does not meet one (1) or more of the requirements referred to in paragraph (g)(i), (ii) or (iii) of this section, the employer of the person may terminate the employment of the person and the provision of any rights or benefits afforded the person under this section. An employer who reemploys a person absent from a position of employment for more than ninety (90) days may require that the person provide the employer with the documentation referred to in this subsection and subsection (g) of this section before beginning to treat the person as not having incurred a break in service for pension purposes. An employer may not delay or attempt to defeat a reemployment obligation by demanding documentation that does not then exist or is not then readily available.
9. The right of a person to reemployment under this section shall not entitle such person to retention, preference or displacement rights over any person with a superior claim under the provisions of title 5, United States Code, relating to veterans and other preference eligibility.
10. In any determination of a person’s entitlement to protection under this section, the timing, frequency and duration of the person’s training or service, or the nature of such training or service, including voluntary service, in the uniformed services, shall not be a basis for denying protection under this section if the service does not exceed the limitations set forth in subsection (c) of this section the notice requirements established in paragraph (a)(i) of this subsection and the notification requirements established in subsection (e) of this section are met.
11. Any employee, who applies for reemployment in accordance with the provisions of this law, shall be entitled to complete any training program that was applicable to his former position of employment during his period of service in the uniformed services.
12. Any employee who is restored to or employed in a position in accordance with the provisions of this section shall not be discharged from such position without cause within one (1) year after such restoration or reemployment.
13. Notwithstanding any provision of law to the contrary, an employee shall be reinstated to his former position as a teacher immediately upon application and shall be entitled to receive that compensation which he would have received if he would have been employed on a nine (9) month basis and had prorated his salary over twelve (12) months. The employee shall be reinstated prior to the end of the twelve (12) months.
14. A person who is reemployed under this section is entitled to the seniority and other rights and benefits determined by seniority that the person had on the date of the commencement of service in the uniformed services plus the additional seniority, rights and benefits that such person would have attained if the person had remained continuously employed.

History. Laws 1998, ch. 99, § 1; 2005, ch. 3, § 1.

The 2005 amendment, effective July 1, 2005, substituted “five (5)” for “four (4)” throughout (a) and (c); added (a)(iv); rewrote (g)(iii), which formerly required the applicant to provide documentation that his entitlement to the benefits had not been terminated by reason of dishonorable discharge; and made stylistic changes.

Editor's notes. —

There are no subsections (i) or (l) in this section as it appears in the printed acts.

§ 19-11-112. Retirement credit.

1. Any employee who completes his service in the uniformed services and applies for reemployment upon release from service in the uniformed services or discharge from hospitalization incidental to his service in uniformed service shall be entitled to receive creditable service for such period of service in the uniformed services toward vesting and computation of benefits in the retirement system, pension fund or employee benefit plan applicable to his employment, as provided for in this section.
2. No employee shall receive more than a total of five (5) years of military service credit in the retirement system, pension fund or employee benefit plan applicable to his employment credited under this section.

History. Laws 1998, ch. 99, § 1; 2007, ch. 23, § 1.

The 2007 amendment, effective July 1, 2007, substituted “five (5)” for “four (4)” in (b).

§ 19-11-113. Contributions, payment during military service.

Any employee may, at his option, pay the required employee contributions to the retirement system, pension fund or employee benefit plan applicable to his employment during his period of service in the uniformed services if the payment of contributions is permitted by the Internal Revenue Code. The employee shall timely furnish his employer with sums equal to that which would have been deducted from his compensation for retirement system coverage as required under the public retirement system or employee benefit plan. Upon receipt the employer shall remit the employee contributions to the applicable system or plan, including the employer contributions that would have been contributed on behalf of the employee. The employee shall notify his employer of his election to pay the required employee contributions to the applicable system or plan at the time he enters service in the uniformed services.

History. Laws 1998, ch. 99, § 1.

Internal Revenue Code. —

The Internal Revenue Code is codified as 26 U.S.C.

§ 19-11-114. Employee pension benefit plans.

1. Every private employer in this state who maintains a defined benefit plan as defined by 29 U.S.C. 1002(35) shall credit the employee with his period of service in the uniformed services towards retirement eligibility and vesting under the plan, including the computation of any retirement benefits due under the express terms of the plan, when the accrued benefits due under the plan are derived from employer contributions to the plan. If the defined benefit plan provides benefits derived from employer and employee contributions to the plan, the employee shall be credited with his period of service in the uniformed services towards retirement eligibility and vesting under the plan, including the computation of any retirement benefits due under the express terms of the plan, provided that the employer contributions and the mandatory contributions of the employee are made to the plan.
2. If any private employer maintains an individual account plan or a defined contribution plan, as defined by 29 U.S.C. 1002(34), the employee shall be credited with his period of service in the uniformed services towards retirement eligibility under the express terms of the plan upon payment of the designated contributions to the plan and if such credit is permitted by the Internal Revenue Code.
3. An employee may be required to pay the employee cost, if any, of any funded benefit continued pursuant to this section to the extent other employees on furlough or leave of absence are so required.

History. Laws 1998, ch. 99, § 1.

§ 19-11-115. State retirement systems; payment of contributions; interest.

1. Any employee who did not elect to make employee contributions pursuant to W.S. 19-11-113 to the state retirement system applicable to his employment during his period of service in the uniformed services shall be entitled to receive credit for his service in the uniformed services toward establishing retirement eligibility and for computation of benefits upon payment into the system in an amount equal to the employee contributions that would have been paid had the employee continued in employment and not been called to service in the uniformed services, together with interest thereon at the valuation interest rate of the system or plan in effect at the time payment is made. The contributions shall be based on the salary including any increases in compensation that the employee would have received had he remained in employment during the period of service in the uniformed services.
2. Upon payment by the employee of the employee contributions and interest as provided in subsection (a) of this section the employer shall pay to the retirement system an amount equal to the employer contributions that the employer would have paid to the retirement system had the employee remained in service, together with interest thereon, at the valuation interest rate in effect at the time payment is made. The contributions shall be based on the salary the employee would have received during the period of service in the uniformed services, including any increases in compensation that the employee would have received had he remained in employment during the period of service in the uniformed services. The employer contributions and interest due to the system shall be paid within thirty (30) days after the employee has paid all of the contributions due to the system or fund.
3. All employee contributions and interest due thereon made in payment for service in the uniformed services credit in accordance with subsection (a) of this section must be received by the system within five (5) years of his reemployment.
4. Should the employee fail to make the required contributions within four (4) years, the credit shall only count toward determining eligibility for retirement benefits. Any unpaid actuarial cost to the retirement system shall be borne by the employers through reflection in the employer rate established by the state retirement system’s actuarial committee.
5. Notwithstanding any other requirements in W.S. 19-11-113 or 19-11-114 or this section relating to payment of retirement contributions to a public or private retirement system, employer and employee contributions for any public or private retirement or pension system plan, not to exceed five thousand dollars ($5,000.00) per person per year, may be paid by the Wyoming adjutant general, if the payment is permitted by the Internal Revenue Code, for any person whose primary occupation is that of a first responder and who is called or ordered into the federal service of the United States under title 10 of the United States Code.
6. The provisions of subsection (e) of this section shall also apply to any Wyoming resident whose primary occupation is that of a first responder when that person is called or ordered into federal service with a national guard unit in any state in the United States. The adjutant general shall promulgate rules and regulations for the administration of the payments authorized under subsection (e) of this section which rules shall provide a method for application for persons not serving in the Wyoming national guard and which shall establish a method for prorating payments where insufficient funds exist to make full payment on behalf of all qualifying persons.
7. The adjutant general shall report annually, no later than October 1, to the joint transportation, highways and military affairs interim committee. The report shall include the number of persons who qualified for the contributions under subsections (e) and (f) of this section, a listing of the civilian classifications of the persons applying for the contributions and the total amount expended for the contributions.

History. Laws 1998, ch. 99, § 1; 2007, ch. 23, § 1; 2009, ch. 109, § 1; 2013, ch. 130, § 1.

The 2007 amendment, effective July 1, 2007, substituted “five (5)” for “four (4)” in (c).

The 2009 amendment, added (e) through (g).

Laws 2009, ch. 109, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution. Approved March 2, 2009.

The 2013 amendment, substituted “for the administration of the payments authorized under subsection (e) of this section which rules shall” for “to” and added “and which shall establish a method for prorating payments where insufficient funds exist to make full payment on behalf of all qualifying persons” in the second sentence of (f).

Laws 2013, ch. 130, § 2, made the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8 of the Wyo. Const. Approved March 13, 2013.

Appropriations. —

Laws 2009, ch. 109, § 2, provides: “(a) There is appropriated eight hundred ninety-two thousand nine hundred fourteen dollars ($892,914.00) from the general fund to the Wyoming adjutant general. This appropriation shall be for the period beginning with the effective date of this act and ending June 30, 2010. Notwithstanding any other provision of law, this appropriation shall not be transferred or expended for any other purpose and any unexpended, unobligated funds remaining from this appropriation shall revert on June 30, 2010. The program created by this act shall be included in the adjutant general's standard budget request. Of this appropriation:

“(i) Seven hundred eighty-nine thousand seven hundred fifty dollars ($789,750.00) shall only be expended for the purpose of funding employer and employee retirement contributions under W.S. 19 11 115(e) and (f) for persons who are called or ordered into federal service of the United States under title 10 of the United States Code;

“(ii) One hundred three thousand one hundred sixty-four dollars ($103,164.00) shall only be expended to fund the employee authorized under subsection (b) of this section and other administrative and start-up costs to implement the purposes of this act.

“(b) The adjutant general is authorized one (1) full-time equivalent position to implement the purposes of this act, including validating the qualifications of the retirement plans of eligible persons and establishing payment amounts under W.S. 19 11 115(e) and (f), as created by section 1 of this act.”

§ 19-11-116. Payment of death and survivor benefits; state retirement.

1. The employee’s period of service in the uniformed services shall be counted as creditable service in the state retirement system in which he was a member for determining eligibility for death and survivor benefits and in the computation of benefits, provided that the following conditions are satisfied:
   1. The beneficiary of the death or survivor benefits shall provide payment of the unpaid portion of the contributions of the deceased member. The beneficiary may agree in writing to have the payment of the unpaid portion of the contributions of the deceased member deducted from the benefits over a period not to exceed four (4) years. The beneficiary may pay, in the alternative, the actuarial cost of such additional credit in a lump sum prior to the distribution of benefits;
   2. If there is more than one (1) beneficiary a written agreement to pay the unpaid contributions of the deceased member shall be unanimous. In the event that a recipient is a minor child the legal guardian of the minor child may express consent for the minor child;
   3. The board of trustees of every state retirement system shall adopt a written policy covering all beneficiaries’ and survivors’ rights to pay the required contributions in order to have the employee’s military service computed in the computation of any death or survivor benefits payable under the state retirement system.
2. If all of the conditions of subsection (a) of this section are satisfied the employer shall pay the employer contributions in a manner consistent with this section.
3. If the beneficiary of the death or survivor benefits of the deceased member elects not to pay the employee contributions due the system on account for such service in the uniformed services credit, the computation of death and survivor benefits shall be based on the actual service of the member in the system prior to his call to service in the uniformed services. The death or survivor benefits provided for herein shall be due and payable upon the death of the member.
4. If the application of any provision set forth in this section results in an unpaid actuarial cost to the retirement system, it shall be borne by the employers through reflection in the employer rate established by the state retirement system’s actuarial committee.

History. Laws 1998, ch. 99, § 1.

§ 19-11-117. Inapplicability to deferred retirement option plans; state retirement.

The provisions of this article are inapplicable with respect to employees who are participants in a deferred retirement option plan.

History. Laws 1998, ch. 99, § 1.

§ 19-11-118. License validity; renewals, suspension of fees.

The payment of any reinstatement or licensing fee or the application for renewal of any license imposed by the state or any public or governmental entity which the person who performs service in the uniformed services validly holds at the time he enters service in the uniformed services shall be suspended until ninety (90) days after his release from service in the uniformed services or discharge from hospitalization incidental to his service in the uniformed services, provided that the person complies with all of the licensing requirements including the payment of fees before the expiration of ninety (90) days after his release from service in the uniformed services or discharge from hospitalization incidental to his service in the uniformed services. Any license covered by this section which that person validly held at the time he entered service in the uniformed services shall remain in force and effect until ninety (90) days after his release from service in the uniformed services, provided that the licensing requirements are complied with, including the payment of any licensing and renewal fees owed.

History. Laws 1998, ch. 99, § 1.

§ 19-11-119. Professional and occupational licenses; renewal fees waived; educational requirements.

The person who performed service in the uniformed services shall be exempted from the payment of any reinstatement or licensing renewal fee required by any profession or occupation governed by title 33 of the Wyoming statutes or by other law or ordinance applicable to any such person who performed service in the uniformed services during his period of service in the uniformed services except those licensing or renewal fees owed for the year in which he is released from service in the uniformed services or discharged from hospitalization incidental to his service in the uniformed services. The person who performed service in the uniformed services shall have ninety (90) days after his release from service in the uniformed services or hospitalization incidental to his service in the uniformed services to pay the licensing or renewal fees then owed. The person who performed service in the uniformed services shall be exempted from compliance with any continuing educational requirements applicable to such license during his period of service in the uniformed services except those required for the year in which he is released from service in the uniformed services or discharged from hospitalization incidental to his service in the uniformed services. The person who performed service in the uniformed services shall complete such requirements within one hundred eighty (180) days from his release from service in the uniformed services or discharge from hospitalization incidental to his service in the uniformed services. Any applicable license shall continue in force and effect provided that both the renewal fees and the educational requirements are completed within the periods provided herein.

History. Laws 1998, ch. 99, § 1.

§ 19-11-120. Academic penalties prohibited.

1. No student member of any uniformed service of the United States shall have his education, including but not limited to colleges and universities, vocational or technical or trade schools or secondary educational institutions, unnecessarily disrupted because of his service in the uniformed services. No undue penalties shall be assessed because of his service in the uniformed services. No student shall forfeit, and shall be entitled to reimbursement for, any fees or education expenses if such student is ordered into active state service for a period of more than thirty (30) consecutive days or active federal service pursuant to a presidential call or mobilization.
2. The enforcement of this section shall be reserved for the appropriate governing body having jurisdiction over the student and shall implement the intent expressed herein.

History. Laws 1998, ch. 99, § 1; 2003, ch. 19, § 1.

§ 19-11-121. District courts; jurisdiction; venue; preference docket.

1. In the case of an action against the state, the district court in which the state or any of its political subdivisions exercises authority or conducts its business shall have jurisdiction to hear actions to enforce the provisions of this article. In the case of a private employer, the appropriate district court is the district court for any district in which the person in the uniformed services is employed.
2. The district courts of the state shall have jurisdiction upon the filing of a complaint, motion, petition or other appropriate pleading by or on behalf of the person claiming a right or benefit under this article to require the employer to:
   1. Comply with the provisions of this article;
   2. Compensate the person for any loss of wages or benefits suffered by reason of such employer’s failure to comply with the provisions of this article;
   3. Pay the person an amount equal to the amount of lost wages or benefits as liquidated damages if the court determines that the employer’s failure to comply with the provisions of this article was willful.
3. Any compensation awarded under paragraphs (b)(i), (ii) and (iii) of this section shall be in addition to and shall not diminish any of the other rights and benefits provided for in this article.
4. All district and appellate courts shall give preference in scheduling such actions upon the motion of any person in the uniformed services, or his attorney, who presents certification that the person has performed service in the uniformed services or is in service in the uniformed services.

History. Laws 1998, ch. 99, § 1.

§ 19-11-122. Servicemembers Civil Relief Act; application to national guard; penalty for violation of rights; enforcement; preferences.

1. Members of the Wyoming national guard ordered to active state service by the state or federal government for a period of more than thirty (30) consecutive days shall have all protections afforded to persons in the military service of the United States under the Servicemembers Civil Relief Act, Public Law 108-189. Except as provided in subsection (b) of this section, nothing in this subsection shall be construed to authorize the imposition of any penalty under the Servicemembers Civil Relief Act for violation of the protections afforded to members of the Wyoming national guard pursuant to this subsection. As used in this subsection, “active state service” means as defined in W.S. 19-7-101(a)(v).
2. Any person  who knowingly violates the protections provided to members of the  Wyoming national guard pursuant to subsection (a) of this section or W.S. 19-11-125 shall be guilty of a misdemeanor punishable by a fine  not to exceed one thousand dollars ($1,000.00).
3. The protections  afforded to members of the Wyoming national guard pursuant to subsection  (a) of this section or W.S. 19-11-125 may serve as the basis for an action or as a defense.  The courts of this state that would otherwise have jurisdiction over  a case shall have jurisdiction over proceedings involving the Servicemembers  Civil Relief Act, the Uniformed Services Employment  and Reemployment Rights Act and W.S. 19-11-125 , which shall be governed by the rules applicable to  ordinary proceedings.
4. The courts  shall give preference in scheduling proceedings pursuant  to subsection (c) of this section, upon the motion of  any person in the uniformed services, or the person’s attorney,  who presents certification that the person has performed service in  the uniformed services or is in service in the uniformed services.

History. Laws 1998, ch. 99, § 1; 2004, ch. 4, § 1; 2018, ch. 58, § 2.

The 2004 amendment added present (a) and (b); rewrote former (a), which read “The district courts of this state shall have jurisdiction over proceedings involving the Soldiers’ and Sailors’ Civil Relief Act of 1940, as amended, and the Uniformed Services Employment and Reemployment Rights Act, which shall be governed by the rules applicable to ordinary proceedings” as present (c); redesignated former (b) as present (d), deleting “district and appellate” preceding “courts.”

Laws 2004, ch. 4, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 1, 2004.

The 2018 amendment, effective July 1, 2018, in (b), inserted “or W.S. 19-11-125 ” following “(a) of this section”; in (c), inserted “or W.S. 19-11-125 ” following “(a) of this section” and “and W.S. 19-11-125” following “Reemployment Rights Act”; in (d), substituted “scheduling proceedings pursuant to subsection (c) of this section, upon” for “scheduling such proceedings, upon”; and made stylistic changes.

Federal law. —

The Servicemembers Civil Relief Act is codified as 50 USCS Appx § 501 et seq. The Uniformed Services Employment and Reemployment Rights Act is codified as 38 USCS § 4301 et seq.

§ 19-11-123. Award of attorney fees.

In any proceeding employed to enforce any of the provisions of this act, the court shall award reasonable litigation expenses including reasonable attorney’s fees.

History. Laws 1998, ch. 99, § 1.

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 19-11-103(a)(xii).

§ 19-11-124. Vacancies in elected office.

No vacancy in the office of an elected official shall be deemed to have occurred by reason of his absence when the official is called to service in the uniformed services. No change in the residence of an elected official is deemed to have occurred by reason of his service in the uniformed services.

History. Laws 1998, ch. 99, § 1.

§ 19-11-125. Termination, suspension or reinstatement of contract services.

1. A person ordered to active service in the uniformed services, or a person already in active service in the uniformed services and transferred, for a period of more than thirty (30) but not more than one hundred eighty (180) consecutive days may suspend, or for more than one hundred eighty (180) days may terminate or suspend, a service contract described in subsection (b) of this section at any time after the date the person receives military orders, provided the person complies with the notice requirements in subsection (c) of this section.
2. Service contracts subject to subsection (a) of this section include contracts issued or renewed on or after July 1, 2018, subject to Wyoming law, which provide any of the following:
   1. Telecommunication services;
   2. Internet services;
   3. Television services including cable television, satellite and other television like services;
   4. Athletic club or gym memberships;
   5. Satellite radio or communication services;
   6. Other services provided pursuant to a contract that requires periodic and ongoing payments.
3. To terminate or suspend a service contract pursuant to this section a uniformed services member or spouse of a uniformed services member shall deliver to the holder of the service contract a written or electronic notice of the suspension or termination and a copy of the member’s military orders. Termination or suspension is effective on the date specified in the notice, or ten (10) days after the date the notice was sent, whichever is later. Suspension shall continue until the member or spouse of a uniformed services member reinstates service by delivering to the holder of the service contract a written or electronic notice of reinstatement. The contract holder shall resume providing services effective not more than ten (10) business days after the date specified in the notice, or ten (10) days after the date the notice was sent, whichever is later. A service member who terminates, suspends or reinstates services may not be charged any penalty, interest, fee, loss of deposit or other cost because of the termination, suspension or reinstatement. A service contract described in this subsection may be contracted together with or separately by the spouse of the person ordered to service in the uniformed services, provided that at the time under contract the spouse resides with the person.
4. Nothing in this section shall prohibit a holder of a service contract from requiring the return of tangible property before suspending or terminating the contractual obligations of a person in subsection (a) of this section.
5. Any person who knowingly violates the protections provided to a person in subsection (a) of this section, or any person in subsection (a) of this section who obtains protections under this section through fraudulent means, shall be guilty of a misdemeanor punishable by a fine not to exceed one thousand dollars ($1,000.00).

History. Laws 2018, ch. 58, § 1.

Effective date. —

Laws 2018, ch. 58, § 3, makes the act effective July 1, 2018.

§ 19-11-201. Power of attorney.

If any person who performs service in the uniformed services as principal executes a power of attorney designating an agent to act on his behalf in conformity with the law of Wyoming, such power of attorney is deemed legally sufficient and enforceable as to the powers granted the agent therein and shall be honored by any person, corporation or institution to whom the power of attorney is presented.

History. Laws 1998, ch. 99, § 1.

§ 19-11-202. Acknowledgment of instrument by members of armed forces and their dependents before commissioned officer; form of certificate.

In addition to the acknowledgment of instruments in the manner and form otherwise authorized by law, persons who perform service in the uniformed services or their dependents, wherever located, may acknowledge the instruments before any commissioned officer who performs service in the uniformed services with the rank of second lieutenant or higher in the army, air force or marine corps, or ensign or higher in the navy or coast guard. The instrument is not invalid for failure to state therein the place of execution or acknowledgment. No authentication of the officer’s certificate of acknowledgment is required, but the officer taking the acknowledgment shall endorse thereon or attach thereto a certificate substantially in the following form:

On this day of , (year), before me, , the undersigned officer, personally appeared , Serial No. (If any) , known to me (or satisfactorily proven) to be performing service in the uniformed services (A dependent of , Serial No. (If any) , a person performing service in the uniformed services) and to be the person whose name is subscribed to the within instrument and acknowledged that he executed the same for the purposes therein contained, and the undersigned does further certify that he is, at the date of this certificate, a commissioned officer of the rank stated below and is performing service in the uniformed services. (Signature of the officer) (Rank and Serial No. of officer)and command to which attached.

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History. Laws 1943, ch. 15, § 1; C.S. 1945, § 30-204; W.S. 1957, § 19-5; Laws 1961, ch. 123, § 1; 1977, ch. 138, § 1; W.S. 1977, § 19-1-103 ; Laws 1998, ch. 99, § 3; 1999, ch. 150, § 2.

Cross references. —

For provision requiring execution of affidavit in presence of officer to be returned with absentee ballot, see § 22-9-112 .

As to acknowledgments generally, see § 34-1-113 .

§ 19-11-203. Death of principal not to affect acts performed in good faith under power of attorney.

No person acting under any power of attorney made by any person who performs service in the uniformed services, during the time the principal remains in the armed forces, shall be held liable for an act upon the ground that the principal was not then alive if the act was performed in good faith and without actual knowledge of the death of the principal. The fact that any principal has been reported missing shall not in itself be considered as indicating the death of the principal.

History. Laws 1943, ch. 78, § 2; C.S. 1945, § 30-206; W.S. 1957, § 19-7; Laws 1977, ch. 138, § 1; W.S. 1977, § 19-1-104 ; Laws 1998, ch. 99, § 3.

§ 19-12-101. Military courts generally. [Effective until July 1, 2021]

1. The military courts of this state are general courts-martial, special courts-martial and summary courts-martial, and are constituted and have cognizance of the same subjects and possess like powers as similar courts provided by the laws and regulations governing the armed forces of the United States, as limited by federal law and regulations applying to the national guard not in federal service. The court shall, as far as practicable, follow the forms and modes of procedure prescribed for the similar courts except that the word “governor” shall be substituted for the word “president” whenever appearing in those laws and regulations. The prosecution in a general, special or summary courts-martial of the militia of this state shall be in the name of the state. The governor, upon advice of the adjutant general, shall promulgate or publish regulations covering military courts not inconsistent with the constitution and laws of this state.
2. To the extent its provisions are not inconsistent with this chapter, the provisions of the Uniform Code of Military Justice, the Military Rules of Evidence, the Rules for Courts-Martial and the United States Manual for Courts-Martial are adopted by the state of Wyoming and shall apply to any member when in state active duty status or active state service status in the same manner as the Uniform Code of Military Justice applies when the member is in active federal service.
3. The maximum punishment that may be imposed by any courts-martial shall not exceed that authorized in title 32 of the United States Code although a greater punishment may be authorized by the Appendix Twelve of the United States Manual for Courts-Martial.
4. This article applies territorially and extraterritorially to all persons in the military forces of the state when not subject to the Uniform Code of Military Justice and while in a duty status or during a period of time when the member was under lawful order to be in a duty status. The processing charges and all proceedings, including trial, may be conducted without regard to the duty status of the accused.

History. Laws 1969, ch. 72, § 34; 1977, ch. 138, § 1; W.S. 1977, § 19-2-601 ; Laws 1998, ch. 99, § 3.

Cross references. —

As to civil courts generally, see title 5.

As to jurisdiction over state guard, see § 19-10-108 .

The 2021 amendment , effective July 1, 2021, in the last sentence of (a), deleted "governor, upon advice of the" preceding "adjutant general," added "rules and," made a stylistic change; in (b), substituted "punitive articles" for "provisions," "in effect at the time of an offense" for ", the Military Rules of Evidence, the Rules for Courts-Martial and the United States Manual for Courts-Martial," deleted "active" preceding "duty status," added ", including a status under title 32, United States Code,"; added (c); redesignated former (c) and (d) as (d) and (e); in current (d), substituted "court-martial" for "courts-martial," "the sentence" for "that," "for that or a similar offense in the punitive articles of the Uniform Code of Military Justice unless otherwise specified in this article" for "in title 32 of the United States Code although a greater punishment may be authorized by the Appendix Twelve of the United States Manual for Courts-Martial"; and added (f) and (g).

Editor's notes. —

The Uniform Code of Military Justice Act (May 5, 1950, c. 169, 64 Stat. 145; 10 U.S.C. § 801 et seq.), as revised, provides for the convening, conduct and jurisdiction of courts-martial for the United States armed forces.

Prior statute (§ 19-70) was construed in State ex rel. Pearson v. Hansen, 401 P.2d 954, 1965 Wyo. LEXIS 140 (Wyo. 1965).

Am. Jur. 2d, ALR and C.J.S. references. —

Courts-martial jurisdiction over members of armed forces for “civilian” offenses, 14 ALR Fed 152.

§ 19-12-101. Military courts generally. [Effective July 1, 2021]

1. The military courts of this state are general courts-martial, special courts-martial and summary courts-martial, and are constituted and have cognizance of the same subjects and possess like powers as similar courts provided by the laws and regulations governing the armed forces of the United States, as limited by federal law and regulations applying to the national guard not in federal service. The court shall, as far as practicable, follow the forms and modes of procedure prescribed for the similar courts except that the word “governor” shall be substituted for the word “president” whenever appearing in those laws and regulations. The prosecution in a general, special or summary courts-martial of the militia of this state shall be in the name of the state. The adjutant general shall promulgate or publish rules and regulations covering military courts not inconsistent with the constitution and laws of this state.
2. To the extent its provisions are not inconsistent with this chapter, the punitive articles of the Uniform Code of Military Justice in effect at the time of an offense are adopted by the state of Wyoming and shall apply to any member when in a state duty status, including a status under title 32, United States Code, or active state service status in the same manner as the Uniform Code of Military Justice applies when the member is in active federal service.
3. Proceedings under this article shall follow procedures for state criminal courts except as modified by this article or by any rules promulgated under this article.
4. The maximum punishment that may be imposed by any court-martial shall not exceed the sentence authorized for that or a similar offense in the punitive articles of the Uniform Code of Military Justice unless otherwise specified in this article.
5. This article applies territorially and extraterritorially to all persons in the military forces of the state when not subject to the Uniform Code of Military Justice and while in a duty status or during a period of time when the member was under lawful order to be in a duty status. The processing charges and all proceedings, including trial, may be conducted without regard to the duty status of the accused.
6. Military defense counsel shall be appointed for any accused pursuant to promulgated rules. Counsel shall be authorized to practice law in Wyoming and a member in good standing of the bar of the highest court of any state in the United States, admitted to practice in any federal court of the United States or hold a current position as military judge advocate.
7. Sentencing in any court-martial shall for any case under this article be by the presiding judge or summary court officer.

History. Laws 1969, ch. 72, § 34; 1977, ch. 138, § 1; W.S. 1977, § 19-2-601 ; Laws 1998, ch. 99, § 3; 2021, ch. 159, § 1.

§ 19-12-102. Apprehension. [Effective until July 1, 2021]

1. Apprehension means the taking of a member into custody.
2. Any person authorized by this code, Chapter 47 of title 10, United States Code, or by regulations issued under either code to apprehend persons subject to this code, any marshal of a courts-martial appointed pursuant to the provisions of this code and any civil officer or peace officer of this state having authority to apprehend offenders under the laws of the United States or this state, may do so upon reasonable belief that an offense has been committed and that the person apprehended committed the offense.

History. Laws 1998, ch. 99, § 1.

The 2021 amendment, effective July 1, 2021, made a stylistic change in (a); and deleted "any marshal of a courts-martial appointed pursuant to the provisions of this code" following "subject to this code," in (b).

§ 19-12-102. Apprehension. [Effective July 1, 2021]

1. “Apprehension” means the taking of a member into custody.
2. Any person authorized by this code, Chapter 47 of title 10, United States Code, or by regulations issued under either code to apprehend persons subject to this code, and any civil officer or peace officer of this state having authority to apprehend offenders under the laws of the United States or this state, may do so upon reasonable belief that an offense has been committed and that the person apprehended committed the offense.

History. Laws 1998, ch. 99, § 1; 2021, ch. 159, § 1.

§ 19-12-103. Warrant of arrest; issuance; contents; service. [Effective until July 1, 2021]

1. A warrant of arrest for the purposes of securing the presence of accused at any courts-martial proceeding or in execution of a sentence of confinement may be issued by a special or general courts-martial convening authority.
2. The warrant issued under this article shall:
   1. Be in writing and in the name of the state of Wyoming;
   2. State the date and county of issuance, including the court in which documents are to be filed;
   3. State the name and rank of the person to be arrested;
   4. State the offense charged against the person to be arrested;
   5. Command that the person against whom the complaint was made be arrested, conducted to a designated civil or military facility under the control of the state or federal government, placed into custody as directed and booked; and
   6. Be signed by an authorized officer of the military department.
3. The warrant shall specify the amount of bail and the nature of any bond.
4. The warrant shall be directed to all peace officers in the state and provost marshal of the armed forces of the state or the federal government. Such officers shall have the power and authority to conduct the arrested person to the designated facility without regard to territorial jurisdiction.

History. Laws 1998, ch. 99, § 1.

The 2021 amendment, effective July 1, 2021, substituted "court-martial" for "courts-martial" twice in (a).

§ 19-12-103. Warrant of arrest; issuance; contents; service. [Effective July 1, 2021]

1. A warrant of arrest for the purposes of securing the presence of accused at any court-martial proceeding or in execution of a sentence of confinement may be issued by a special or general court-martial convening authority.
2. The warrant issued under this article shall:
   1. Be in writing and in the name of the state of Wyoming;
   2. State the date and county of issuance, including the court in which documents are to be filed;
   3. State the name and rank of the person to be arrested;
   4. State the offense charged against the person to be arrested;
   5. Command that the person against whom the complaint was made be arrested, conducted to a designated civil or military facility under the control of the state or federal government, placed into custody as directed and booked; and
   6. Be signed by an authorized officer of the military department.
3. The warrant shall specify the amount of bail and the nature of any bond.
4. The warrant shall be directed to all peace officers in the state and provost marshal of the armed forces of the state or the federal government. Such officers shall have the power and authority to conduct the arrested person to the designated facility without regard to territorial jurisdiction.

History. Laws 1998, ch. 99, § 1; 2021, ch. 159, § 1.

§ 19-12-104. Convening general, special or summary courts-martial. [Effective until July 1, 2021]

1. General courts-martial may be convened by:
   1. The governor;
   2. The adjutant general.
2. Special courts-martial may be convened by:
   1. The adjutant general;
   2. The commanding officer of a camp or encampment;
   3. The commanding officer of any army group, air wing, detached army battalion, detached air group or corresponding unit of the national guard.
3. Summary courts-martial may be convened by:
   1. Any person who may convene a general or special courts-martial;
   2. The commanding officer of a company, battery, squadron or other detachment of the national guard.

History. Laws 1969, ch. 72, § 35; 1977, ch. 138, § 1; W.S. 1977, § 19-2-602 ; Laws 1998, ch. 99, § 3.

The 2021 amendments. —

The first 2021 amendment, by ch. 159, § 1, effective July 1, 2021, added "; summary courts-martial limitations" in the section heading; substituted "court-martial" for "courts-martial" throughout the section; added "A" at the beginning of (a), (b) and (c) and made related changes; added "or" in (a)(i); rewrote (b)(ii), which read, "The commanding officer of a camp or encampment;"; rewrote (c)(ii), whichread, "The commanding officer of a company, battery, squadron or other detachment of the national guard"; and added (d).

The second 2021 amendment, by ch. 159, § 2, effective July 1, 2021, repealed (b)(iii), which read, “The commanding officer of any army group, air wing, detached army battalion, detached air group or corresponding unit of the national guard.”

§ 19-12-104. Convening general, special or summary courts-martial; summary courts-martial limitations. [Effective July 1, 2021]

1. A general court-martial may be convened by:
   1. The governor; or
   2. The adjutant general.
2. A special court-martial may be convened by:
   1. The adjutant general; or
   2. A general officer of the Wyoming national guard in the same military branch as the accused.
   3. Repealed by Laws 2021, ch. 159, § 2.
3. A summary court-martial may be convened by:
   1. Any person who may convene a general or special court-martial; or
   2. Any other person designated in rules promulgated under this article.
4. A summary court-martial is an administrative process presided over by a current military judge advocate serving as the summary court officer. A conviction by summary court-martial shall not result in any sentence of confinement nor shall it be considered a criminal conviction.

History. Laws 1969, ch. 72, § 35; 1977, ch. 138, § 1; W.S. 1977, § 19-2-602 ; Laws 1998, ch. 99, § 3; 2021, ch. 159, §§ 1, 2.

§ 19-12-105. Prosecutions; appeal. [Effective until July 1, 2021]

1. All prosecutions under W.S. 19-12-101 shall be by courts-martial or appropriate civilian court proceeding, with the judge advocate general having sole power to determine by which method to proceed.
2. Upon the filing of a complaint in a district court or circuit court of a county wherein the offense is alleged to have occurred, the judge thereof or a magistrate therein may issue warrants.
3. In all matters wherein the Uniform Code of Military Justice requires the action of a military judge, a qualified military judge or in the absence of a qualified military judge the county or district court judge shall so serve and be empowered to so act.
4. Unless the state is represented by a staff judge advocate, the district or county attorney shall represent the state and prosecute all cases commenced in the courts.
5. No sentence of dismissal from the service or dishonorable discharge imposed by a national guard courts-martial shall be executed until approved by the governor. The governor may suspend or set aside part or all of any sentence he deems appropriate.
6. When prosecution has been by general courts-martial, after final judgment, sentencing and approval by the governor, the defendant may appeal to the supreme court of Wyoming in the same manner as appeals from circuit courts to district courts to the supreme court of Wyoming in criminal cases.
7. When prosecution has been by summary or special courts-martial, after final judgment, sentencing and approval by the convening authority, the defendant may appeal to the district court of the county in which the courts-martial was held in the same manner as appeals from circuit courts to the district courts in criminal cases.
8. When prosecution has been in the circuit courts, after final judgment and sentencing, the defendant may appeal to the district court in the same manner as in other criminal cases.
9. In the event the pool of eligible court members is insufficient to properly impanel the courts-martial, active and reserve members of the United States armed forces may be requested to so serve.

History. Laws 1925, ch. 163, § 55; R.S. 1931, § 73-156; C.S. 1945, § 30-159; Laws 1957, ch. 110, § 1; W.S. 1957, §§ 19-78, 19-78.36; Laws 1969, ch. 72, § 36; 1977, ch. 138, § 1; 1981, Sp. Sess., ch. 22, § 1; W.S. 1977, § 19-2-603 ; Laws 1998, ch. 99, § 3; 2000, ch. 24, § 4; 2004, ch. 42, § 1.

Cross references. —

As to appeal generally, see Wyoming Rules of Appellate Procedure.

The 2004 amendment, in (b), deleted “or justice of the peace court” following “circuit court,” and substituted “judge” for “justice”; in (f) substituted “circuit courts” for “county courts and justice of the peace courts”; in (g) substituted “circuit courts” for “justice of the peace courts”; in (h) substituted “circuit courts” for “county courts and justice of the peace court”; and made stylistic changes.

Laws 2004, ch. 42, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 3, 2004.

The 2021 amendment, effective July 1, 2021, substituted "court-martial" for "courts-martial" throughout the section; in (a), substituted "this article" for "W.S. 19-12-101 ,"adjutant" for "judge advocate"; in (b), deleted "Upon the filing of"at the beginning, added "is filed," made a related change; rewrote (c), which read, "In all matters wherein the Uniform Code of Military Justice requires the action of a military judge, a qualified military judge or in the absence of a qualified military judge the county or district court judge shall so serve and be empowered to so act"; in (d), deleted "Unless" at the beginning, substituted "shall be" for "is," added "If none is available," and made related changes; added (e); redesignated former (e) through (j) as (f) through (k); in (f), added "Wyoming" in the first sentence, substituted "the governor" for "he" in the second sentence; deleted "circuit courts to" preceding "district courts" in (g); in (k), added the first sentence and "for a Wyoming national guard court-martial under this article" in the second sentence.

Editor's notes. —

There is no subsection (i) in this section as it appears in the printed acts.

Repealing clauses. —

Section 58, ch. 163, Laws 1925, reads: “Chapter 36, Wyoming Compiled Statutes, 1920, and all acts and parts of acts in conflict herewith are hereby repealed.”

Am. Jur. 2d, ALR and C.J.S. references. —

What circumstances constitute laches barring federal judicial review of allegedly wrongful discharge from military service, 100 ALR Fed 821.

§ 19-12-105. Prosecutions; appeal. [Effective July 1, 2021]

1. All prosecutions under this article shall be by court-martial or appropriate civilian court proceeding, with the adjutant general having sole power to determine by which method to proceed.
2. If a complaint is filed in a district court or circuit court of a county wherein the offense is alleged to have occurred, the judge thereof or a magistrate therein may issue warrants.
3. A qualified judge under this article or rules promulgated thereunder shall serve as judge in all general or special courts-martial and be empowered to act on all matters pertaining to that court.
4. The state shall be represented by a judge advocate. If none is available, the district or county attorney shall represent the state and prosecute all cases commenced in the courts.
5. To conduct any pretrial hearing required for a general court-martial the adjutant general shall appoint a judge advocate who is not appointed to represent a party in the case.
6. No sentence of dismissal from the service or dishonorable discharge imposed by a Wyoming national guard court-martial shall be executed until approved by the governor. The governor may suspend or set aside part or all of any sentence the governor deems appropriate.
7. When prosecution has been by general court-martial, after final judgment, sentencing and approval by the governor, the defendant may appeal to the supreme court of Wyoming in the same manner as appeals from district courts to the supreme court of Wyoming in criminal cases.
8. When prosecution has been by summary or special court-martial, after final judgment, sentencing and approval by the convening authority, the defendant may appeal to the district court of the county in which the court-martial was held in the same manner as appeals from circuit courts to the district courts in criminal cases.
9. When prosecution has been in the circuit courts, after final judgment and sentencing, the defendant may appeal to the district court in the same manner as in other criminal cases.
10. If requested by the accused and authorized given the charges and type of court-martial, a jury may be appointed. Any jury appointed shall consist of current Wyoming national guard members of either service. In the event the pool of eligible court members for a Wyoming national guard court-martial under this article is insufficient to properly impanel the court-martial, active and reserve members of the United States armed forces may be requested to so serve.

History. Laws 1925, ch. 163, § 55; R.S. 1931, § 73-156; C.S. 1945, § 30-159; Laws 1957, ch. 110, § 1; W.S. 1957, §§ 19-78, 19-78.36; Laws 1969, ch. 72, § 36; 1977, ch. 138, § 1; 1981, Sp. Sess., ch. 22, § 1; W.S. 1977, § 19-2-603 ; Laws 1998, ch. 99, § 3; 2000, ch. 24, § 4; 2004, ch. 42, § 1; 2021, ch. 159, § 1.

§ 19-12-106. Disobedience of order to appear before courts-martial; issuance of subpoena; warrant of attachment; service of warrants; neglecting or refusing to obey subpoena or order; confinement of prisoners. [Effective until July 1, 2021]

1. When a person served with a copy of courts-martial charges disobeys a written order from the convening authority to appear before the courts-martial at a time and place specified, the commander in chief, adjutant general, president of the courts-martial or summary court officer may issue a warrant for the arrest of the person to bring him before the court for trial. The convening authority may confine him in the county jail where the court is convened if confinement is deemed advisable to insure the presence of the alleged offender for trial, or may release the accused on the furnishing of bail in an amount deemed sufficient to insure his presence for trial.
2. The commander in chief, adjutant general, president of the courts-martial or summary court officer may issue subpoenas, subpoena duces tecum and other orders compelling the attendance of witnesses and the production of evidentiary matters.
3. When a person has been subpoenaed to appear as a witness before any courts-martial and has been paid or tendered the fees and mileage required by law, or a member has been ordered to appear as a witness, and either fails or refuses without justifiable excuse to appear, the commander in chief, adjutant general, president of the courts-martial or the summary court officer may issue a warrant of attachment to apprehend and bring the witness before the court to testify as required by the subpoena or order.
4. Service of warrants, subpoenas and other process issued by the commander in chief, adjutant general, president of any courts-martial or summary court officer on any person shall be made by the sheriff, undersheriff or deputy sheriff of the county wherein the court is convened or of the county wherein the person to be served may be found, or it may be served in any county by any officer of the national guard when ordered to do so by the commander in chief, adjutant general, president of the courts-martial or summary court officer. The individual making service shall endorse the facts of service on the original process and return it to the officer who issued the process.
5. Any person who willfully and without justifiable excuse neglects or refuses to obey a subpoena or order is guilty of a misdemeanor and may be prosecuted in any court of this state as for other misdemeanors. Upon conviction the offender shall be fined not more than seven hundred fifty dollars ($750.00), imprisoned in the county jail not to exceed six (6) months, or both.
6. The sheriff shall keep in confinement any prisoner turned over to him for safekeeping upon written orders of the governor, adjutant general, president of a courts-martial or summary court officer.

History. Laws 1925, ch. 163, §§ 32, 49; R.S. 1931, §§ 73-132, 73-150; C.S. 1945, §§ 30-135, 30-153; W.S. 1957, §§ 19-71, 19-75, 19-78.37; Laws 1969, ch. 72, § 37; 1977, ch. 138, § 1; W.S. 1977, § 19-2-604 ; Laws 1998, ch. 99, § 3.

The 2021 amendment , effective July 1, 2021, substituted "court-martial" for "courts-martial" in the section heading and throughout the section; substituted "convening authority, appointed judge" for "commander in chief, adjutant general, president of the courts-martial" in (a), current (b) and current (c); added (a)(i) designation; substituted "ensure" for "insure" twice in (a)(i); redesignated former (b) through (f) as (a)(ii) through (e); in (a)(ii); deleted "The commander in chief, adjutant general, president of the courts-martial or summary court officer may issue" at the beginning " substituted "subpoenas" for "subpoena" preceding "duces tecum" and made related changes; in deleted "the" preceding "summary court" in (b); substituted "convening authority, appointed judge" for "commander in chief, adjutant general, president of any courts-martial" in the first sentence of (c); and substituted "convening authority, appointed judge" for "governor, adjutant general, president of a courts-martial" in (e).

Cross references. —

As to fees and mileage of witnesses, see § 1-14-102 .

§ 19-12-106. Disobedience of order to appear before court-martial; issuance of subpoena; warrant of attachment; service of warrants; neglecting or refusing to obey subpoena or order; confinement of prisoners. [Effective July 1, 2021]

1. When a person served with a copy of court-martial charges disobeys a written order from the convening authority to appear before the court-martial at a time and place specified, the convening authority, appointed judge or summary court officer may issue:
   1. A warrant for the arrest of the person to bring him before the court for trial. The convening authority may confine him in the county jail where the court is convened if confinement is deemed advisable to ensure the presence of the alleged offender for trial, or may release the accused on the furnishing of bail in an amount deemed sufficient to ensure his presence for trial;
   2. Subpoenas, subpoenas duces tecum and other orders compelling the attendance of witnesses and the production of evidentiary matters.
2. When a person has been subpoenaed to appear as a witness before any court-martial and has been paid or tendered the fees and mileage required by law, or a member has been ordered to appear as a witness, and either fails or refuses without justifiable excuse to appear, the convening authority, appointed judge or summary court officer may issue a warrant of attachment to apprehend and bring the witness before the court to testify as required by the subpoena or order.
3. Service of warrants, subpoenas and other process issued by the convening authority, appointed judge or summary court officer on any person shall be made by the sheriff, undersheriff or deputy sheriff of the county wherein the court is convened or of the county wherein the person to be served may be found, or it may be served in any county by any officer of the Wyoming national guard when ordered to do so by the convening authority, appointed judge or summary court officer. The individual making service shall endorse the facts of service on the original process and return it to the officer who issued the process.
4. Any person who willfully and without justifiable excuse neglects or refuses to obey a subpoena or order is guilty of a misdemeanor and may be prosecuted in any court of this state as for other misdemeanors. Upon conviction the offender shall be fined not more than seven hundred fifty dollars ($750.00), imprisoned in the county jail not to exceed six (6) months, or both.
5. The sheriff shall keep in confinement any prisoner turned over to him for safekeeping upon written orders of the convening authority, appointed judge or summary court officer.

History. Laws 1925, ch. 163, §§ 32, 49; R.S. 1931, §§ 73-132, 73-150; C.S. 1945, §§ 30-135, 30-153; W.S. 1957, §§ 19-71, 19-75, 19-78.37; Laws 1969, ch. 72, § 37; 1977, ch. 138, § 1; W.S. 1977, § 19-2-604 ; Laws 1998, ch. 99, § 3; 2021, ch. 159, § 1.

§ 19-12-107. Members of courts-martial deemed on duty; pay and allowances; witnesses subject to subpoena; witness fees and allowances. [Effective until July 1, 2021]

1. Members of a courts-martial and members of the national guard ordered to appear before a courts-martial or other court, and members of the national guard tried by courts-martial or other courts and acquitted, shall be deemed on duty by order of the governor and shall receive the same pay and allowances as provided for members of the national guard when in service by order of the governor.
2. Witnesses other than members of the national guard are subject to subpoena by a courts-martial and shall receive the same fees and allowances as provided for witnesses before the district courts of this state.

History. Laws 1925, ch. 163, § 41; R.S. 1931, § 73-142; C.S. 1945, § 30-145; W.S. 1957, §§ 19-72, 19-78.38; Laws 1969, ch. 72, § 38; 1977, ch. 138, § 1; W.S. 1977, § 19-2-605 ; Laws 1998, ch. 99, § 3.

The 2021 amendment , effective July 1, 2021, substituted "Jurors of court-martial" for "Members of courts-martial" in the section heading; substituted "court-martial" for "courts-martial" and added "Wyoming" preceding "national guard" throughout the section; and substituted "Jurors" for "Members" at the beginning of (a).

Cross references. —

As to fees for witnesses appearing in district court, see § 1-14-102 .

§ 19-12-107. Jurors of court-martial deemed on duty; pay and allowances; witnesses subject to subpoena; witness fees and allowances. [Effective July 1, 2021]

1. Jurors of a court-martial and members of the Wyoming national guard ordered to appear before a court-martial or other court, and members of the Wyoming national guard tried by court-martial or other courts and acquitted, shall be deemed on duty by order of the governor and shall receive the same pay and allowances as provided for members of the Wyoming national guard when in service by order of the governor.
2. Witnesses other than members of the Wyoming national guard are subject to subpoena by a court-martial and shall receive the same fees and allowances as provided for witnesses before the district courts of this state.

History. Laws 1925, ch. 163, § 41; R.S. 1931, § 73-142; C.S. 1945, § 30-145; W.S. 1957, §§ 19-72, 19-78.38; Laws 1969, ch. 72, § 38; 1977, ch. 138, § 1; W.S. 1977, § 19-2-605 ; Laws 1998, ch. 99, § 3; 2021, ch. 159, § 1.

§ 19-12-108. Confinement in county jail; fines. [Effective until July 1, 2021]

1. Where punishment by a courts-martial is imprisonment for one (1) year or less, confinement shall be in the county jail of the county wherein the court is convened. The sheriff shall accept the prisoner upon receipt of written order promulgating the sentence of the court.
2. Where punishment by a courts-martial is imprisonment for more than one (1) year, the prisoner shall be remanded to the custody of the department of corrections in the same manner as civilians convicted of criminal offenses classified as a felony.
3. Fines imposed by a courts-martial, at the option of the president of the courts-martial or the summary court officer, may be collected in the following manner:
   1. By forfeiture of pay or allowances, or both, due or to become due from the state or the United States;
   2. By immediate payment of the fine in full, in cash, to the president of the courts-martial or summary court officer who shall forthwith remit the same to the adjutant general to be paid into the state treasury; or
   3. Upon failure of the convicted person to forthwith pay the fine in cash when so ordered, by the commitment of the person to the county jail of the county wherein the court is held until the fine is paid or until one (1) day is served for each dollar of the fine imposed.

History. Laws 1925, ch. 163, § 48; R.S. 1931, § 73-149; C.S. 1945, § 30-152; Laws 1957, ch. 110, § 2; W.S. 1957, § 19-74; 1969, ch. 72, §§ 39, 40; 1977, ch. 138, § 1; W.S. 1977, § 19-2-606 ; Laws 1998, ch. 99, § 3.

The 2021 amendment, effective July 1, 2021, substituted "court-martial" for "courts-martial" throughout the section; substituted "deputy director of the Wyoming military department" for "president of the courts-martial or summary court officer who shall forthwith remit the same to the adjutant general" in (c)(ii); and substituted "for five (5) days. If the fine remains unpaid sixty (60) days after release, the convicted person shall be again committed to the county jail of the county wherein the court is held for an additional five (5) days" for "until the fine is paid or until one (1) day is served for each dollar of the fine imposed" in (c)(iii).

§ 19-12-108. Confinement in county jail; fines. [Effective July 1, 2021]

1. Where punishment by a court-martial is imprisonment for one (1) year or less, confinement shall be in the county jail of the county wherein the court is convened. The sheriff shall accept the prisoner upon receipt of written order promulgating the sentence of the court.
2. Where punishment by a court-martial is imprisonment for more than one (1) year, the prisoner shall be remanded to the custody of the department of corrections in the same manner as civilians convicted of criminal offenses classified as a felony.
3. Fines imposed by a court-martial, at the option of the president of the court-martial or the summary court officer, may be collected in the following manner:
   1. By forfeiture of pay or allowances, or both, due or to become due from the state or the United States;
   2. By immediate payment of the fine in full, in cash, to the deputy director of the Wyoming military department to be paid into the state treasury; or
   3. Upon failure of the convicted person to forthwith pay the fine in cash when so ordered, by the commitment of the person to the county jail of the county wherein the court is held for five (5) days. If the fine remains unpaid sixty (60) days after release, the convicted person shall be again committed to the county jail of the county wherein the court is held for an additional five (5) days.

History. Laws 1925, ch. 163, § 48; R.S. 1931, § 73-149; C.S. 1945, § 30-152; Laws 1957, ch. 110, § 2; W.S. 1957, § 19-74; 1969, ch. 72, §§ 39, 40; 1977, ch. 138, § 1; W.S. 1977, § 19-2-606 ; Laws 1998, ch. 99, § 3; 2021, ch. 159, § 1.

§ 19-12-109. Immunity of national guard member; commission of felony or lesser crime by such member. [Effective until July 1, 2021]

1. Members of the Wyoming national guard, while in active state service, are immune from service of civil subpoena to compel attendance as a witness unless the commanding officer of the member permits the service of the subpoena when in the judgment of such commanding officer the presence of the member is not required in the performance of military duties.
2. When any felony against the laws of Wyoming is alleged to have been committed by any member of the national guard while in active state service, upon presentation of proper warrant he shall be arrested by the military authorities and immediately surrendered to the proper civil authorities of the county wherein the warrant was issued.
3. When any crime not a felony against the laws of Wyoming or any municipal subdivision thereof is alleged to have been committed by a member of the national guard while in active state service, upon presentation of the proper warrant he shall be arrested by the military authorities and at the convenience of the military authorities but before termination of his active state service be surrendered to the proper civil authorities of the county or municipality wherein the warrant was issued.
4. Nothing herein grants immunity from service of warrants issued upon a charge or complaint alleging the violation of one (1) or more of the offenses set forth in W.S. 19-12-110 nor shall any such immunity prevent prosecution of a member of the national guard by the proper authorities at any time after termination of the period of active state service for which the immunity was effective.
5. No member of the national guard shall be held to answer for a criminal offense in both civilian courts and the military courts of this state. The decision as to under which justice system a member is held to answer is left to the discretion of the district attorney for the county in which the offense is alleged to have occurred and the judge advocate general. An impasse in this decision shall be referred to the district court judge for resolution. The decision of the district court judge is final.

History. Laws 1925, ch. 163, § 42; R.S. 1931, § 73-143; C.S. 1945, § 30-146; W.S. 1957, §§ 19-73, 19-78.42; Laws 1969, ch. 72, § 42; 1977, ch. 138, § 1; W.S. 1977, § 19-2-608 ; Laws 1998, ch. 99, § 3.

The 2021 amendments. —

The first 2021 amendment, by ch. 159, § 1, effective July 1, 2021, added "Wyoming" preceding "national guard" throughout the section; in (b), substituted "crime" for "felony," added "or any political subdivision thereof" deleted "while in active state service" following "national guard," added "the" preceding "proper warrant," substituted "apprehended" for "arrested", deleted "the" preceding "military authorities," "immediately" preceding "surrendered"; substituted "any duty status" for "active state service" in (d); in the first sentence of (e), substituted "prosecuting " for "the district," added "state" and deleted "general" following "judge advocate."

The second 2021 amendment, by ch. 159, § 2, effective July 1, 2021, repealed (a), which read, "Members of the Wyoming national guard, while in active state service, are immune from service of civil subpoena to compel attendance as a witness unless the commanding officer of the member permits the service of the subpoena when in the judgment of such commanding officer the presence of the member is not required in the performance of military duties"; and repealed (c), which read, "When any crime not a felony against the laws of Wyoming or any municipal subdivision thereof is alleged to have been committed by a member of the national guard while in active state service, upon presentation of the proper warrant he shall be arrested by the military authorities and at the convenience of the military authorities but before termination of his active state service be surrendered to the proper civil authorities of the county or municipality wherein the warrant was issued."

Am. Jur. 2d, ALR and C.J.S. references. —

Service of process on person in military service by serving person at civilian abode or residence, or leaving copy there, 46 ALR2d 1239.

§ 19-12-109. Immunity of national guard member; commission of felony or lesser crime by such member. [Effective July 1, 2021]

1. Repealed by Laws 2021, ch. 159, § 2.
2. When any crime against the laws of Wyoming or any political subdivision thereof is alleged to have been committed by any member of the Wyoming national guard, upon presentation of the proper warrant he shall be apprehended by military authorities and surrendered to the proper civil authorities of the county wherein the warrant was issued.
3. Repealed by Laws 2021, ch. 159, § 2.
4. Nothing herein grants immunity from service of warrants issued upon a charge or complaint alleging the violation of one (1) or more of the offenses set forth in W.S. 19-12-110 nor shall any such immunity prevent prosecution of a member of the Wyoming national guard by the proper authorities at any time after termination of the period of any duty status for which the immunity was effective.
5. No member of the Wyoming national guard shall be held to answer for a criminal offense in both civilian courts and the military courts of this state. The decision as to under which justice system a member is held to answer is left to the discretion of the prosecuting attorney for the county in which the offense is alleged to have occurred and the state judge advocate. An impasse in this decision shall be referred to the district court judge for resolution. The decision of the district court judge is final.

History. Laws 1925, ch. 163, § 42; R.S. 1931, § 73-143; C.S. 1945, § 30-146; W.S. 1957, §§ 19-73, 19-78.42; Laws 1969, ch. 72, § 42; 1977, ch. 138, § 1; W.S. 1977, § 19-2-608 ; Laws 1998, ch. 99, § 3; 2021, ch. 159, §§ 1, 2.

§ 19-12-110. Trial and punishment for certain offenses by members of national guard in state courts. [Effective until July 1, 2021]

1. Members of the Wyoming national guard charged with the following offenses may be tried and punished as herein provided:
   1. Any officer of the Wyoming national guard who uses contemptuous words against the president, vice-president, congress, secretary of defense, a secretary of a department, a governor or a legislature of any state, territory or other possession of the United States in which he is on duty or present;
   2. Any member of the Wyoming national guard who behaves with disrespect toward his superior officer;
   3. Any person who:
      1. Strikes his superior officer or draws or lifts up any weapon or offers any violence against him while he is in the execution of his office; or
      2. Willfully disobeys a lawful command of his superior officer.
   4. Any warrant officer or enlisted person who:
      1. Strikes or assaults a warrant officer or noncommissioned officer, while the officer is in the execution of his office;
      2. Willfully disobeys the lawful order of a warrant officer or noncommissioned officer;
      3. Treats with contempt or is disrespectful in language or deportment toward a warrant officer or noncommissioned officer while the officer is in the execution of his office.
   5. Any person who:
      1. Violates or fails to obey any lawful general order or regulation;
      2. Having knowledge of any other lawful order issued by a member of the national guard, which it is his duty to obey, fails to obey the same; or
      3. Is derelict in the performance of his duties.
   6. Any person who resists apprehension or breaks arrest or who escapes from custody or confinement;
   7. Any person who, without proper authority, releases any prisoner duly committed to his charge, or who through neglect or design suffers any prisoner to escape;
   8. Any person, who with intent to deceive, signs any false record, return, regulation, order or other official document, knowing the same to be false, or makes any other false official statement knowing the same to be false;
   9. Any person who, without proper authority:
      1. Sells or otherwise disposes of;
      2. Willfully or through neglect damages, destroys, or loses; or
      3. Willfully or through neglect suffers to be lost, damaged, destroyed, sold or wrongfully disposed of, any military property of the United States or the state of Wyoming.
   10. Any person who operates any vehicle while under the influence of alcohol or a controlled substance, or in a reckless or wanton manner;
   11. Any person other than a sentinel or lookout, who is found under the influence of alcohol or a controlled substance on duty;
   12. Any sentinel or lookout who is found drunk or sleeping upon his post, or leaves it before he is regularly relieved;
   13. Any member of the Wyoming national guard who without proper authority:
       1. Fails to go to his appointed place of duty at the time prescribed;
       2. Goes from that place; or
       3. Absents himself or remains absent from his unit, organization or other place of duty at which he is required to be at the time prescribed.
   14. Any person who for the purpose of avoiding work, duty or service:
       1. Feigns illness, physical disablement, mental lapse or derangement; or
       2. Intentionally inflicts self-injury.
   15. Any officer or officer candidate who is convicted of conduct unbecoming an officer and a gentleman;
   16. Though not specifically mentioned, all disorders and neglects to the prejudice of good order and discipline in the national guard, all conduct of a nature to bring discredit upon the national guard, and crimes and offenses not capital, of which persons subject to this act may be guilty, shall be taken cognizance of by a general or special or summary courts-martial, according to the nature and degree of the offense.
2. Any member of the national guard tried and found guilty by a courts-martial of any offense identified in subsection (a) of this section shall be punished by a fine of not more than seven hundred fifty dollars ($750.00), imprisonment in the county jail for not to exceed six (6) months, or both. Upon a second or subsequent conviction the person convicted shall be fined not less than two hundred fifty dollars ($250.00) nor more than one thousand dollars ($1,000.00) to which may be added imprisonment in the county jail for not to exceed six (6) months. The fine and sentence on a second or subsequent conviction shall not be suspended.
3. Any member of the national guard tried and found guilty by a civil court of any of the offenses identified in subsection (a) of this section shall be deemed guilty of a misdemeanor and shall be punished by a fine of not more than seven hundred fifty dollars ($750.00), imprisonment in the county jail not to exceed six (6) months, or both. Upon a second or subsequent conviction the person convicted shall be fined not less than two hundred fifty dollars ($250.00) nor more than one thousand dollars ($1,000.00) to which may be added imprisonment in the county jail for not to exceed six (6) months. The fine and sentence on a second or subsequent conviction shall not be suspended.
4. Any commanding officer of the Wyoming national guard may impose administrative, nonjudicial punishment as described and set forth in article 15 of the Uniform Code of Military Justice and in accordance with the procedure therein set forth unless the accused demands trial by courts-martial.
5. Any member of the Wyoming national guard who is convicted of a high misdemeanor or felony crime in any state or federal court may be separated from service in the Wyoming national guard by administrative procedures subject to all rules and regulations of the department of defense applicable to the Wyoming national guard. A certified copy of the conviction shall be sufficient authority for the separation.
6. Any person who resists or aids in resisting the execution of lawful process in any area declared to be in a state of actual or threatened insurrection, or who aids or attempts the rescue or escape of another from lawful custody or confinement, or who resists or aids in resisting any force ordered out by the governor to execute the laws, to suppress actual or prevent threatened insurrection or to repel invasion is guilty of a felony punishable by imprisonment in the state penitentiary for not less than one (1) year nor more than ten (10) years.

History. Laws 1969, ch. 72, § 41; 1977, ch. 138, § 1; W.S. 1977, § 19-2-607 ; Laws 1998, ch. 99, § 3.

The 2021 amendments. —

The first 2021 amendment, by ch. 159, § 1, effective July 1, 2021, in the first sentence of (a)(i), substituted "member" for "officer," "is tried and found guilty of the offense of using" for "uses," added "a member of" twice, "the" preceding "secretary of defense," "shall be punished by a fine of not more than seven hundred fifty dollars ($750.00), imprisonment in the county jail for a term not to exceed six (6) months, or both" at the end and the secon and third sentence; added (a)(xvii); in (d), added "except as superseded by rules promulgated under this article" and substituted "court-martial" for "courts-martial."

The second 2021 amendment, by ch. 159, § 2, effective July 1, 2021, repealed (a)(ii) through (a)(xvi), (b), (c), (e) and (f).

§ 19-12-110. Trial and punishment for certain offenses by members of national guard in state courts. [Effective July 1, 2021]

1. Members of the Wyoming national guard charged with the following offenses may be tried and punished as herein provided:
   1. Any member of the Wyoming national guard who is tried and found guilty of the offense of using contemptuous words against the president, vice-president, a member of congress, the secretary of defense, a secretary of a department, a governor or a member of a legislature of any state, territory or other possession of the United States in which the member is on duty or present shall be punished by a fine of not more than seven hundred fifty dollars ($750.00), imprisonment in the county jail for a term not to exceed six (6) months, or both. Upon a second or subsequent conviction under this paragraph the member shall be fined not less than two hundred fifty dollars ($250.00) nor more than one thousand dollars ($1,000.00) to which may be added imprisonment in the county jail for a term not to exceed six (6) months. The fine and sentence on a second or subsequent conviction shall not be suspended;
   2. through (xvi) Repealed by Laws 2021, ch. 159, § 2.
   3. Any member of the Wyoming national guard who resists or aids in resisting the execution of lawful process in any area declared to be in a state of actual or threatened insurrection, or who aids or attempts the rescue or escape of another from lawful custody or confinement, or who resists or aids in resisting any force ordered out by the governor to execute the laws, to suppress actual or prevent threatened insurrection or to repel invasion is guilty of a felony punishable by imprisonment in the state penitentiary for not less than one (1) year nor more than ten (10) years.
2. and (c) Repealed by Laws 2021, ch. 159, § 2.
3. Any commanding officer of the Wyoming national guard may impose administrative, nonjudicial punishment as described and set forth in article 15 of the Uniform Code of Military Justice and in accordance with the procedure therein set forth except as superseded by rules promulgated under this article unless the accused demands trial by court-martial.
4. and (f) Repealed by Laws 2021, ch. 159, § 2.

History. Laws 1969, ch. 72, § 41; 1977, ch. 138, § 1; W.S. 1977, § 19-2-607 ; Laws 1998, ch. 99, § 3; 2021, ch. 159, §§ 1, 2.

§ 19-13-101. Citation.

This act may be cited as the “Wyoming Homeland Security Act”.

History. Laws 1951, ch. 104, § 1; W.S. 1957, § 19-99; Laws 1969, ch. 152, § 1; 1977, ch. 138, § 1; W.S. § 19-5-101 ; Laws 1998, ch. 99, § 3; 2005, ch. 169, § 1.

The 2005 amendment substituted “Wyoming Homeland Security Act” for “Wyoming Emergency Management Act.”

Laws 2005, ch. 169, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 2, 2005.

Meaning of “this act.” —

The term “this act,” referred to in this section, means §§ 19-13-101 through 19-13-414 .

§ 19-13-102. Definitions.

1. As used in this act:
   1. “County or county-city program” means a program created in accordance with the provisions of this act by the state or a political subdivision to perform local homeland security functions;
   2. “Homeland security” means the preparation for and the carrying out of all emergency functions essential to the recovery and restoration of the economy by supply and resupply of resources to meet urgent survival and military needs, other than functions for which military forces are primarily responsible, necessary to deal with disasters caused by enemy attack, sabotage, terrorism, civil disorder or other hostile action, or by fire, flood, earthquake, other natural causes and other technological, industrial, civil and political events. These functions include without limitation the coordination of fire-fighting services, police services, medical and health services, rescue, engineering, attack warning services, communications, radiological events, evacuation of persons from stricken areas, emergency welfare services (civilian war aid), emergency transportation, existing or properly assigned functions of plant protection, temporary restoration of public utility services, mitigation activities in areas threatened by natural or technological hazards, and other functions related to civilian protection, together with all other activities necessary or incidental to the preparation for any carrying out of the foregoing functions;
   3. “Emergency support task force” means a homeland security organization created in accordance with the provisions of this act by the state or a political subdivision to supplement homeland security programs in a stricken area;
   4. “Political subdivision” means an incorporated community or a county in Wyoming;
   5. “Director” means the director, office of homeland security appointed pursuant to W.S. 19-13-104 ;
   6. “Public safety agencies” means any federal, state or political subdivision entity that provides emergency and public safety services, including state agencies employing peace officers enumerated in W.S. 6-1-104(a)(vi)(C) through (F) and approved for participation by the commission, fire management services, correctional services, homeland security, emergency and disaster relief services and if desired by county, municipal and federal law enforcement agencies;
   7. “Ammunition” means a cartridge, shell or other device containing explosive or incendiary material designed and intended for use in a firearm;
   8. “Firearm” means any weapon which will or is designed to expel any projectile by the action of an explosive.

History. Laws 1951, ch. 104, § 3; W.S. 1957, § 19-100; Laws 1969, ch. 152, § 2; 1977, ch. 138, § 1; 1986, ch. 68, § 1; W.S. 1977, § 19-5-102 ; Laws 1998, ch. 99, § 3; 2003, ch. 88, § 1; 2005, ch. 169, § 1; 2008, ch. 61, § 1.

The 2005 amendment substituted provisions in (a)(i), (a)(ii), (a)(iii), (a)(v) and (a)(vi) to reflect the agency name “emergency management” has been changed to “homeland security,” and made a conforming provision change in (a)(v).

Laws 2005, ch. 169, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 2, 2005.

The 2008 amendment, effective July 1, 2008, added (a)(vii) and (a)(viii).

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

Meaning of “this act.” —

The term “this act,” referred to in this section, means §§ 19-13-101 through 19-13-414 .

§ 19-13-103. Legislative determination; coordination with federal government and other states.

1. Because of the possibility of the occurrence of disasters of unprecedented size and destructiveness resulting from enemy attack, sabotage, terrorism, civil disorder or other hostile action, or from fire, flood, earthquake, other natural causes and other technological disasters, and to insure that preparations of Wyoming will be adequate to deal with such disasters, and generally to provide for the common defense and to protect the public peace, health and safety, and to preserve the lives and property of the people of Wyoming, it is hereby found and declared to be necessary:
   1. To create a Wyoming office of homeland security within the governor’s office, and to authorize the creation of local homeland security programs in the political subdivisions of the state;
   2. To confer upon the governor and upon the executive heads or governing bodies of the political subdivisions of the state the emergency powers provided herein, and to provide for state assistance in the organization and maintenance of the homeland security programs of such political subdivisions;
   3. To provide for the assignment of specific responsibilities to all state agencies to be performed during a disaster or national emergency and for the coordination and direction of the emergency actions of such agencies; and
   4. To provide for the rendering of mutual aid among the political subdivisions of the state and with other states with respect to the carrying out of homeland security functions.
2. It is further declared to be the purpose of this act and the policy of Wyoming that all homeland security functions of this state be coordinated to the maximum extent with the comparable functions of its political subdivisions, of the federal government including its various departments and agencies, of other states and localities, and of private agencies of every type, to the end that the most effective preparation and use may be made of the manpower, resources and facilities for dealing with any disaster that may occur.

History. Laws 1951, ch. 104, § 2; W.S. 1957, § 19-101; Laws 1969, ch. 152, § 3; 1977, ch. 138, § 1; 1979, ch. 78, § 1; 1986, ch. 68, § 1; W.S. 1977, § 19-5-103 ; Laws 1998, ch. 99, § 3; 2003, ch. 88, § 1; 2005, ch. 169, § 1.

The 2005 amendment substituted provisions throughout to reflect the agency name “emergency management” has been changed to “homeland security.”

Laws 2005, ch. 169, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 2, 2005.

Meaning of “this act.” —

The term “this act,” referred to in this section, means §§ 19-13-101 through 19-13-414 .

§ 19-13-104. Powers of governor generally; director, office of homeland security. [Effective until July 1, 2021]

1. The governor has general direction and control of the office of homeland security, and is responsible for the carrying out of the provisions of this act, and in the event of disaster beyond local control, may assume direct operational control over all or any part of the homeland security functions within Wyoming. The governor may delegate such powers to the director established under subsection (d) of this section, or through the director to the deputy director to carry out this act.
2. In performing his duties under this act, the governor may cooperate with the federal government, with other states and with private agencies in all matters pertaining to the disaster relief and homeland security of this state and of the nation.
3. In performing his duties under this act, the governor may:
   1. Make, amend and rescind the necessary orders, rules and regulations to carry out this act within the limits of the authority conferred upon him herein, with due consideration of the plans of the federal government. The governor may assign to a state agency any activity concerned with the mitigation of the effects of a disaster or national emergency of a nature related to the existing powers and duties of the agency, including interstate activities, and the agency shall undertake and carry out the activity on behalf of the state;
   2. Prepare a comprehensive homeland security plan and program for this state to be integrated into and coordinated with the homeland security plans of the federal government and of other states to the fullest possible extent, and coordinate the preparation of plans and programs for homeland security by the political subdivisions of this state to be integrated into and coordinated with the homeland security plan and program of this state to the fullest possible extent;
   3. In accordance with the homeland security plan and program for this state, procure supplies and equipment, institute training programs and public information programs and take all other preparatory steps including the partial or full mobilization of homeland security organizations in advance of actual disaster, to insure the furnishing of adequately trained and equipped forces of homeland security personnel in time of need;
   4. Make such studies and surveys of the industries, resources and facilities in this state as necessary to ascertain the capabilities of the state and its political subdivisions for meeting homeland security requirements, and to plan for the most efficient emergency use therefor;
   5. On behalf of this state, enter into interstate mutual aid and international compacts with other states and foreign countries or subdivisions thereof and coordinate mutual-aid plans between political subdivisions of this state;
   6. Delegate any administrative authority vested in him under this act, provide for the subdelegation of any such authority and appoint, in cooperation with local authorities, political subdivision coordinators.
4. The position of the director, office of homeland security is created in the governor’s office and shall be appointed by the governor. He shall be responsible to the governor and may be removed by the governor as provided in W.S. 9-1-202 . The director shall:
   1. Supervise the Wyoming office of homeland security;
   2. Provide technical assistance to public safety agencies in the area of homeland security;
   3. Coordinate with the federal department of homeland security;
   4. Perform other duties assigned by the governor for homeland security;
   5. Repealed by Laws 2017, ch. 17, § 2.
5. Nothing in this chapter shall be construed to confer upon the governor, the director, the executive heads or governing bodies of the political subdivisions of the state, sheriffs, chiefs of police or any employee or agent of the state or any governmental unit within the state the power to:
   1. Confiscate a firearm from a person, unless:
      1. The person is in unlawful possession of the firearm as provided in title 6 of the Wyoming statutes;
      2. The person is unlawfully carrying the firearm as provided in title 6 of the Wyoming statutes; or
      3. The firearm is confiscated by a peace officer who is acting in the lawful discharge of his duties and under the reasonable belief that the confiscation is necessary for the protection of the peace officer, the person carrying the firearm or a third party. The peace officer shall return the firearm to the person before discharging the person unless the officer arrests that person for engaging in criminal activity or seizes the firearm as evidence pursuant to an investigation for the commission of a crime.
   2. Impose additional restrictions as to the lawful possession, transfer, sale, carrying, storage, display or use of:
      1. Firearms;
      2. Ammunition; or
      3. Components of firearms or ammunition.

History. Laws 1951, ch. 104, § 6; W.S. 1957, § 19-102; Laws 1969, ch. 152, § 4; 1977, ch. 138, § 1; 1986, ch. 68, § 1; W.S. 1977, § 19-5-104 ; Laws 1998, ch. 99, § 3; 2003, ch. 88, § 1; 2005, ch. 169, § 1; 2008, ch. 61, § 1; 2012, ch. 30, § 3; 2017, ch. 17, § 2.

The 2005 amendment substituted provisions throughout to reflect the agency name “emergency management” has been changed to “homeland security.”

Laws 2005, ch. 169, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 2, 2005.

The 2008 amendment, effective July 1, 2008, added (e).

The 2012 amendment, added (d)(v), and made related changes.

Laws 2012, ch. 30, § 6, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 8, 2012.

The 2021 amendment, effective July 1, 2021, in (e), added "With the exception of regulating governmental entities who engage in the activities described in this section or who operate an indoor or outdoor shooting range," at the beginning and made a related change; added "permitting," in (e)(ii); added "or other personal weapons" in (e)(ii)(A); added ", personal weapons" in (e)(ii)(C); and added (e)(iii) through (e)(vi).

Meaning of “this act.” —

The term “this act,” referred to in this section, means §§ 19-13-101 through 19-13-414 .

§ 19-13-104. Powers of governor generally; director, office of homeland security. [Effective July 1, 2021]

1. The governor has general direction and control of the office of homeland security, and is responsible for the carrying out of the provisions of this act, and in the event of disaster beyond local control, may assume direct operational control over all or any part of the homeland security functions within Wyoming. The governor may delegate such powers to the director established under subsection (d) of this section, or through the director to the deputy director to carry out this act.
2. In performing his duties under this act, the governor may cooperate with the federal government, with other states and with private agencies in all matters pertaining to the disaster relief and homeland security of this state and of the nation.
3. In performing his duties under this act, the governor may:
   1. Make, amend and rescind the necessary orders, rules and regulations to carry out this act within the limits of the authority conferred upon him herein, with due consideration of the plans of the federal government. The governor may assign to a state agency any activity concerned with the mitigation of the effects of a disaster or national emergency of a nature related to the existing powers and duties of the agency, including interstate activities, and the agency shall undertake and carry out the activity on behalf of the state;
   2. Prepare a comprehensive homeland security plan and program for this state to be integrated into and coordinated with the homeland security plans of the federal government and of other states to the fullest possible extent, and coordinate the preparation of plans and programs for homeland security by the political subdivisions of this state to be integrated into and coordinated with the homeland security plan and program of this state to the fullest possible extent;
   3. In accordance with the homeland security plan and program for this state, procure supplies and equipment, institute training programs and public information programs and take all other preparatory steps including the partial or full mobilization of homeland security organizations in advance of actual disaster, to insure the furnishing of adequately trained and equipped forces of homeland security personnel in time of need;
   4. Make such studies and surveys of the industries, resources and facilities in this state as necessary to ascertain the capabilities of the state and its political subdivisions for meeting homeland security requirements, and to plan for the most efficient emergency use therefor;
   5. On behalf of this state, enter into interstate mutual aid and international compacts with other states and foreign countries or subdivisions thereof and coordinate mutual-aid plans between political subdivisions of this state;
   6. Delegate any administrative authority vested in him under this act, provide for the subdelegation of any such authority and appoint, in cooperation with local authorities, political subdivision coordinators.
4. The position of the director, office of homeland security is created in the governor’s office and shall be appointed by the governor. He shall be responsible to the governor and may be removed by the governor as provided in W.S. 9-1-202 . The director shall:
   1. Supervise the Wyoming office of homeland security;
   2. Provide technical assistance to public safety agencies in the area of homeland security;
   3. Coordinate with the federal department of homeland security;
   4. Perform other duties assigned by the governor for homeland security;
   5. Repealed by Laws 2017, ch. 17, § 2.
5. With the exception of regulating governmental entities who engage in the activities described in this section or who operate an indoor or outdoor shooting range, nothing in this chapter shall be construed to confer upon the governor, the director, the executive heads or governing bodies of the political subdivisions of the state, sheriffs, chiefs of police or any employee or agent of the state or any governmental unit within the state the power to:
   1. Confiscate a firearm from a person, unless:
      1. The person is in unlawful possession of the firearm as provided in title 6 of the Wyoming statutes;
      2. The person is unlawfully carrying the firearm as provided in title 6 of the Wyoming statutes; or
      3. The firearm is confiscated by a peace officer who is acting in the lawful discharge of his duties and under the reasonable belief that the confiscation is necessary for the protection of the peace officer, the person carrying the firearm or a third party. The peace officer shall return the firearm to the person before discharging the person unless the officer arrests that person for engaging in criminal activity or seizes the firearm as evidence pursuant to an investigation for the commission of a crime.
   2. Impose additional restrictions as to the lawful possession, permitting, transfer, sale, carrying, storage, display or use of:
      1. Firearms or other personal weapons;
      2. Ammunition; or
      3. Components of firearms, personal weapons or ammunition.
   3. Close or limit the operating hours of any person or entity engaged in the lawful selling or servicing of any firearm, ammunition or other personal weapon, or any component thereof, unless the closing or limitation of operating hours applies equally to all forms of commerce within the jurisdiction of the state, political subdivision or governmental entity;
   4. Close or limit the operating hours of any indoor or outdoor shooting range;
   5. Place restrictions or quantity limitations on any entity regarding the lawful sale or servicing of any firearm, ammunition or personal weapon, or any component thereof;
   6. Suspend or revoke a permit to carry a concealed weapon issued pursuant to W.S. 6-8-104 , unless the suspension or revocation is authorized and completed pursuant to W.S. 6-8-104 .

History. Laws 1951, ch. 104, § 6; W.S. 1957, § 19-102; Laws 1969, ch. 152, § 4; 1977, ch. 138, § 1; 1986, ch. 68, § 1; W.S. 1977, § 19-5-104 ; Laws 1998, ch. 99, § 3; 2003, ch. 88, § 1; 2005, ch. 169, § 1; 2008, ch. 61, § 1; 2012, ch. 30, § 3; 2017, ch. 17, § 2; 2021, ch. 106, § 1.

§ 19-13-105. Homeland security program.

1. The office of homeland security within the governor’s office is created. The governor shall appoint a deputy director of the office of homeland security. The director may appoint such assistants as may be necessary. The director and his assistants shall be compensated in an amount to be determined and fixed by the Wyoming human resources division. The deputy director shall serve at the pleasure of the governor and may be removed as provided in W.S. 9-1-202 .
2. The director may employ technical, clerical, stenographic and other personnel and make such expenditures within the appropriations or from other funds made available to him for purposes of homeland security as necessary to carry out this act. He shall be provided with necessary and appropriate office space, furniture, equipment, stationery and printing in the same manner as for personnel of other state agencies.
3. The director is the administrative head of the Wyoming office of homeland security. In addition to the duties described in W.S. 19-13-104(d) the director:
   1. Shall be responsible to the governor for the implementation of the state program for homeland security for Wyoming;
   2. Shall assist the local authorities and organizations in the planning and development of local homeland security plans and programs;
   3. Shall coordinate the activities of all organizations for homeland security within the state, including all state departments;
   4. Shall maintain liaison with and cooperate with homeland security agencies and programs of other states and of the federal government;
   5. Shall have additional authority, duties and responsibilities authorized by this act as may be prescribed by the governor or the director;
   6. May prescribe reasonable qualifications for officers and employees of local programs and reasonable regulations for the administration of local programs; and
   7. Shall assist and coordinate with local, state, tribal and federal law enforcement agencies to employ the integrated public alert and warning system or successor system to notify residents of imminent threat by natural disaster or manmade event or to aid in the safe recovery of missing or endangered persons, which adheres to United States department of justice criteria.
4. The deputy director shall perform duties as assigned by the director and in the absence of the director he is the administrative head of the Wyoming office of homeland security.

History. Laws 1951, ch. 104, § 4; 1957, ch. 157, § 40; W.S. 1957, § 19-103; Laws 1961, ch. 148, § 31; 1965, ch. 115, § 32; 1969, ch. 152, § 5; 1977, ch. 138, § 1; 1979, ch. 78, § 1; 1986, ch. 68, § 1; 1996, ch. 5, § 1; 1997, ch. 178, § 1; W.S. 1977, § 19-5-105 ; Laws 1998, ch. 99, § 3; 2003, ch. 88, § 1; 2005, ch. 169, § 1; 2020, ch. 19, § 1.

The 2005 amendment substituted provisions throughout to reflect the agency name “emergency management” has been changed to “homeland security,” and to reflect the change from a coordinator of emergency management to a deputy director of the office of homeland security; and added (d).

Laws 2005, ch. 169, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 2, 2005.

The 2020 amendment, effective July 1, 2020, added (c)(vii) and made related changes.

Meaning of “this act.” —

The term “this act,” referred to in this section, means §§ 19-13-101 through 19-13-414 .

§ 19-13-106. [Repealed.]

Repealed by Laws 2005, ch. 169, § 2.

Editor's notes. —

This section, which derived from Laws 1951, ch. 104, § 5, created the emergency management advisory board.

Laws 2005, ch. 169, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 2, 2005.

§ 19-13-107. Emergency support task forces.

1. The governor or his duly authorized representative and the governing bodies of political subdivisions may create and establish such number of emergency support task forces as necessary to reinforce homeland security programs in stricken areas with due consideration of the plans of the federal government and of other states. The governor or governing body of the political subdivision shall appoint for each unit a coordinator who has primary responsibility for the organization, administration and operation of the unit. Emergency support task forces shall be activated upon orders of the governor or governing body of the political subdivisions and shall perform their functions in any part of the state, or upon conditions specified in this section, in other states. The governor may remove any emergency support task force member he appoints as provided in W.S. 9-1-202 .
2. Personnel of emergency support task forces while on duty, whether within or without the state, under orders of the governor shall be paid as follows:
   1. If they are employees of the state or a political subdivision of the state, they shall continue to be paid by their employers and receive the same pay and have the same powers, duties, rights, privileges and immunities, including their rights under the Wyoming Worker’s Compensation Act incident to employment;
   2. Personnel of emergency support task forces who are not employees of the state or a political subdivision thereof, while on duty, whether within or without the state, shall be paid the current rate established by the United States department of labor in its area wage determination scale for skilled, semiskilled and unskilled workers. The wage determination shall be based upon that normally established and obtained through the office of the district engineer, corps of engineers, Omaha, Nebraska, as determined in the particular area of the state wherein the work is being or to be performed. Acceptance by the proper hiring authority of any volunteer and his services will constitute qualification of his skill and craft as set out in the wage determination scale, and the volunteer is entitled to the same rights and immunities as are provided by law for the employees of the state. In the event of injury, disability or death, such personnel shall be entitled to compensation at the same rates as provided by the Wyoming Worker’s Compensation Act for like injuries, disabilities or death.

History. Laws 1963, ch. 154, § 1; 1969, ch. 152, §§ 8, 9; 1977, ch. 138, § 1; 1987, ch. 175, § 1; W.S. 1977, § 19-5-107 ; Laws 1998, ch. 99, § 3; 2005, ch. 169, § 1.

The 2005 amendment substituted “homeland security” for “emergency management” in (a).

Laws 2005, ch. 169, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 2, 2005.

§ 19-13-108. Local programs; authorized; local homeland security plan; coordinators; appointment and removal.

Each political subdivision of this state shall establish a local homeland security program in accordance with the state homeland security plan and program. Each political subdivision through the homeland security program will cause to be prepared a local homeland security plan which will include actions essential to the recovery and restoration of the economy by supply and resupply of resources to meet urgent survival and military needs and to provide for the ongoing management of resources available to meet continuing survival and recovery needs. Each local homeland security program shall have a coordinator appointed by the governor upon the recommendation of the local jurisdiction. The coordinator has direct responsibility for the organization, administration and operation of the local homeland security program subject to the direction and control of the local jurisdiction under the general direction of the governor. The governor may remove any coordinator as provided in W.S. 9-1-202 .

History. Laws 1951, ch. 104, § 8; W.S. 1957, § 19-107; Laws 1969, ch. 152, § 10; 1977, ch. 138, § 1; 1987, ch. 175, § 1; W.S. 1977, § 19-5-108 ; Laws 1998, ch. 99, § 3; 2005, ch. 169, § 1.

The 2005 amendment substituted provisions throughout to reflect the agency name “emergency management” has been changed to “homeland security.”

Laws 2005, ch. 169, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 2, 2005.

§ 19-13-109. Local programs; reciprocal and mutual aid.

1. The local coordinators in collaboration with other public and private agencies within this state will develop or cause to be developed mutual aid arrangements for reciprocal homeland security aid and assistance in case of disaster of extreme nature which affects two (2) or more political subdivisions or is too great to be dealt with unassisted. The arrangements shall be consistent with the state homeland security plan and program, and in time of emergency each local homeland security program shall render assistance in accordance with the provisions of the mutual aid arrangements.
2. The coordinator of each local homeland security program with the approval of the governor, may enter into mutual aid arrangements with homeland security agencies or organizations in other states for reciprocal emergency aid and assistance in case of disaster too great to be dealt with unassisted.

History. Laws 1951, ch. 104, § 9; W.S. 1957, § 19-108; Laws 1969, ch. 152, § 11; 1977, ch. 138, § 1; W.S. 1977, § 19-5-109 ; Laws 1998, ch. 99, § 3; 2005, ch. 169, § 1.

The 2005 amendment substituted provisions throughout to reflect the agency name “emergency management” has been changed to “homeland security.”

Laws 2005, ch. 169, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 2, 2005.

§ 19-13-110. Funds, supplies and equipment; generally.

1. Each political subdivision may make appropriations for the payment of expenses of its local homeland security programs.
2. Whenever the federal government or any agency or officer thereof or any person, firm or corporation shall offer to the state or to any political subdivision thereof services, equipment, supplies, materials or funds by way of gift, grant or loan for purposes of disaster relief or homeland security, the state acting through the governor, or the political subdivision acting with the consent of the governor and through its executive officer or governing body, may accept the offer. Upon acceptance the governor of the state or executive officer or governing body of the political subdivision may authorize any officer of the state or of the political subdivision to receive the services, equipment, supplies, materials or funds on behalf of the state or the political subdivisions. This authority will include participation in the federal surplus property program. All funds received from the federal government or any agency thereof shall be deposited in an appropriate separate account together with funds appropriated by a political subdivision, and expenditures from the account shall be made only upon authority of the local governing body and only for the purposes specified in this act [§§ 19-13-101 through 19-13-116 ].
3. The board of county commissioners in any county may levy a tax for the support and maintenance of county, city, town, county-city or county-town homeland security programs.

History. Laws 1951, ch. 104, § 11; 1957, ch. 211, § 1; W.S. 1957, § 19-109; Laws 1969, ch. 152, § 12; 1977, ch. 45, § 2; ch. 138, § 1; 1994, ch. 19, § 1; W.S. 1977, § 19-5-110 ; Laws 1998, ch. 99, § 3; 2005, ch. 169, § 1.

The 2005 amendment substituted provisions throughout to reflect the agency name “emergency management” has been changed to “homeland security.”

Laws 2005, ch. 169, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 2, 2005.

§ 19-13-111. Funds, supplies and equipment; authority to make use of existing facilities.

In carrying out the provisions of this act [§§ 19-13-101 through 19-13-116 ], the governor and the executive officers or governing bodies of the political subdivisions of the state are directed to utilize the services, equipment, supplies and facilities of existing departments, offices and agencies of the state and of the political subdivisions thereof to the maximum extent practicable, and the officers and personnel of all departments, offices and agencies are directed to cooperate with and extend such services and facilities to the governor, the director and the homeland security programs throughout the state upon request.

History. Laws 1951, ch. 104, § 12; 1957, ch. 211, § 2; W.S. 1957, § 19-110; Laws 1969, ch. 152, § 13; 1977, ch. 138, § 1; W.S. 1977, § 19-5-111 ; Laws 1998, ch. 99, § 3; 2003, ch. 88, § 1; 2005, ch. 169, § 1.

The 2005 amendment substituted “director” for “coordinator” and “homeland security” for “emergency management.”

Laws 2005, ch. 169, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 2, 2005.

§ 19-13-112. Programs barred from political activity.

No homeland security program established under the authority of this act [§§ 19-13-101 through 19-13-116 ] shall participate in any form of political activity or be employed directly or indirectly for political purposes.

History. Laws 1951, ch. 104, § 13; W.S. 1957, § 19-111; Laws 1969, ch. 152, § 14; 1977, ch. 138, § 1; W.S. 1977, § 19-5-112 ; Laws 1998, ch. 99, § 3; 2005, ch. 169, § 1.

The 2005 amendment substituted “homeland security” for “emergency management.”

Laws 2005, ch. 169, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 2, 2005.

§ 19-13-113. State and political subdivisions exempt from liability; exceptions; license to practice not required; homeland security worker defined; recognized educational programs; real estate owners exempt from liability; criminal history record information.

1. All activities relating to homeland security are governmental functions. The state, any political subdivision, state agencies, and, except in cases of willful misconduct, gross negligence or bad faith, any homeland security worker complying with or reasonably attempting to comply with W.S. 19-13-101 through 19-13-116 , any order, rule or regulation promulgated thereunder, or pursuant to any ordinance relating to blackout or other precautionary measures enacted by any political subdivision of the state, or in training for such activity, is not liable for the death of or injury to persons or for damage to property as a result of the activity or training. This section shall not affect the right of any person to receive benefits to which he would otherwise be entitled under W.S. 19-13-101 through 19-13-116 , under the Wyoming Worker’s Compensation Act, or under any pension law, nor affect the right of any person to receive benefits or compensation under any act of congress.
2. Any requirement for a license to practice any professional, mechanical or other skill does not apply to any authorized homeland security worker who, in the course of performing homeland security duties, practices a professional, teaching, training, mechanical or other skill during a homeland security emergency, in training for an emergency or during homeland security exercises.
3. As used in this section “homeland security worker” includes any full or part-time paid, volunteer or auxiliary employee of any state, territories or possessions of the United States, the District of Columbia, any neighboring country, any political subdivision thereof, or any agency or program performing homeland security services at any place in this state subject to the order or control of or pursuant to a request of the state government or any political subdivision thereof and includes instructors and students in recognized educational programs where homeland security services are taught. A recognized educational program includes programs in educational institutions duly existing under the laws of this state and such other educational programs as are established by the office of homeland security or otherwise under this act.
4. Any person owning or controlling real estate or other premises who voluntarily and without compensation grants a license or privilege or otherwise permits the designation or use of the whole or any part of the real estate or premises for the purposes of sheltering persons during an actual, impending, mock or practice exercise, together with his successors in interest, is not civilly liable for negligently causing the death of or injury to any person on or about the real estate or premises nor for loss of or damage to the property of any person.
5. The director may, as a condition for a position as a homeland security worker, require prospective homeland security workers to submit to fingerprinting in order to obtain state and national criminal history record information.

History. Laws 1951, ch. 104, § 10; W.S. 1957, § 19-112; Laws 1961, ch. 45, § 1; 1969, ch. 152, § 15; 1977, ch. 138, § 1; W.S. 1977, § 19-5-113 ; Laws 1998, ch. 99, § 3; 2005, ch. 169, § 1; 2006, ch. 62, § 1.

The 2005 amendment substituted provisions throughout to reflect the agency name “emergency management” has been changed to “homeland security.”

Laws 2005, ch. 169, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 2, 2005.

The 2006 amendment added (e).

Laws 2006, ch. 62, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 15, 2006.

Meaning of “this act.” —

The term “this act,” referred to in this section, means §§ 19-13-101 through 19-13-414 .

Wyoming Workers’ Compensation Act. —

See 27-14-101 et seq.

Concept of “gross negligence” limited. —

“Gross negligence” is no longer pertinent under Wyoming law except in a few isolated circumstances, such as this section. Danculovich v. Brown, 593 P.2d 187, 1979 Wyo. LEXIS 397 (Wyo. 1979).

Law reviews. —

See article, “Governmental Immunity from Damage Actions in Wyoming — Part II,” 7 Land & Water L. Rev. 617 (1972).

§ 19-13-114. Persons advocating change by force or violence in form of government prohibited from employment or association; oath.

1. No person shall be employed or associated in any capacity in any homeland security program established under this act [§§ 19-13-101 through 19-13-116 ]:
   1. Who advocates or has advocated a change by force or violence in the constitutional form of the government of the United States or of this state, or the overthrow of any government in the United States by force or violence; or
   2. Who has been convicted of or is under indictment or information charging any subversive act against the United States.
2. Each person appointed to serve in a homeland security program, before entering upon his duties, shall take an oath in writing before a person authorized to administer oaths in this state, substantially as follows:

   “I . . . . . do solemnly swear (or affirm) that I will support and defend the constitution of the United States and the constitution of the state of Wyoming against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties on which I am about to enter.”

   “And I do further swear (or affirm) that I do not advocate, nor am I a member or an affiliate of any organization, group or combination of persons that advocates the overthrow of the government of the United States or of this state by force or violence; and that during such time as I am a member of the (name of homeland security program) I will not advocate nor become a member of any political party or organization that advocates the overthrow of the government of the United States or of this state by force or violence.”

History. Laws 1951, ch. 104, § 14; W.S. 1957, § 19-113; Laws 1969, ch. 152, § 16; 1977, ch. 138, § 1; W.S. 1977, § 19-5-114 ; Laws 1998, ch. 99, § 3; 2005, ch. 169, § 1.

Cross references. —

As to persons authorized to take oaths, see § 1-2-102 .

The 2005 amendment substituted provisions throughout to reflect the agency name “emergency management” has been changed to “homeland security.”

Laws 2005, ch. 169, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 2, 2005.

§ 19-13-115. Admission of professional personnel of other states in emergency.

In the event disaster conditions in Wyoming require visitation to this state by homeland security personnel from other states, including physicians, dentists, veterinarians, nurses or other professional personnel, reciprocity by way of allowing those professional persons to practice their professional talents without the normal admissions to practice in this state during the period of the emergency, is allowed.

History. Laws 1951, ch. 104, § 15; W.S. 1957, § 19-114; Laws 1969, ch. 152, § 17; 1977, ch. 138, § 1; W.S. 1977, § 19-5-115 ; Laws 1998, ch. 99, § 3; 2005, ch. 169, § 1.

The 2005 amendment substituted “homeland security” for “emergency management.”

Laws 2005, ch. 169, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 2, 2005.

§ 19-13-116. Enforcement of orders, rules and regulations.

Every homeland security program established pursuant to this act [§§ 19-13-101 through 19-13-116 ] and the officers thereof shall execute and enforce orders, rules and regulations made by the governor under authority of this act. Each organization shall have available for inspection at its office all orders, rules and regulations made by the governor or under his authority.

History. Laws 1951, ch. 104, § 18; W.S. 1957, § 19-115; 1969, ch. 152, § 18; Laws 1977, ch. 138, § 1; W.S. 1977, § 19-5-116 ; Laws 1998, ch. 99, § 3; 2005, ch. 169, § 1.

The 2005 amendment substituted provisions throughout to reflect the agency name “emergency management” has been changed to “homeland security.”

Laws 2005, ch. 169, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 2, 2005.

Severability. —

Section 17, ch. 104, Laws 1951, reads: “If any provision of this act or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or application of the act which can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.”

§ 19-13-117. Lifesaver programs; process for grants; administration; account established; rules; grant criteria.

1. The office of homeland security shall administer a lifesaver program to provide grants to counties for search and rescue designed to quickly find a person suffering from Down syndrome, brain injuries, autism, Alzheimer’s or other dementia related disorders who wanders and becomes lost and missing. The program shall operate on a county basis, under which participants wear transmitters to allow the county sheriff’s departments to electronically locate participants if necessary.
2. The office of homeland security shall establish by rule and regulation an application procedure and calendar for grants under this section and adopt other rules as necessary to implement this section.
3. In administering this program, the office of homeland security and counties shall establish a policy of including private sector participants to the fullest extent possible unless a viable private sector solution does not exist.
4. Grant applications shall include, but not be limited to:
   1. An estimate of the number of people who might qualify for assistance in the county;
   2. An estimate of the startup cost;
   3. A statement of the number of personnel available for tracking lost persons; and
   4. A statement of the local resources available to support ongoing operation of a lifesaver program.
5. The office of homeland security shall provide grants, subject to the following:
   1. Grants to any one (1) county shall not exceed twenty-five thousand dollars ($25,000.00) of state funds in any calendar year;
   2. The director of the office of homeland security shall prioritize the grant awards in accordance with the respective needs of each county for tracking services and the availability of local funding sources, as documented in the applications submitted.
6. A grant recipient under this section shall use the grant monies only for startup costs associated with the contracting or purchasing of emergency response kits or services which shall include equipment and services necessary to track and triangulate searches, as well as transmitters or any other related equipment.
7. The lifesaver program account is created. The account shall consist of those funds appropriated to the account by the legislature and all monies received from federal grants and other contributions, grants, gifts, transfers, bequests and donations to the account. The office of homeland security is specifically empowered to accept grants, gifts, transfers, bequests and donations to the account. Funds in the account shall only be expended by the office of homeland security for the purpose of providing grants under this section.

History. Laws 2015, ch. 153, § 1.

Effective date. — Laws 2015, ch. 156, § 1 makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 6, 2015.

§ 19-13-201. Short title.

This act shall be known and may be cited as the “Interstate Emergency Services Mutual Aid Act”.

History. Laws 1991, ch. 248, § 1; W.S. 1977, § 19-5-201 ; Laws 1998, ch. 99, § 4.

Meaning of “this act.” —

For the definition of “[t]his act,” referred to in this section, see § 19-13-202(a)(vi).

§ 19-13-202. Definitions.

1. As used in this act:
   1. “Emergency medical care provider” means a local government subdivision or other entity, whether public or private, which provides emergency medical services;
   2. “Fire protection service” means a paid or volunteer fire department, fire company or other fire suppression entity organized under the laws of this state, any party state or an agency of the government of the United States;
   3. “Local government subdivision” means the local governmental entity, other than state government, including but not limited to incorporated towns, cities and counties;
   4. “Mutual aid agreement” or “agreement” means an agreement, consistent with the purposes of this act, by one (1) or more fire protection services, emergency medical care providers or local government subdivisions of this state with one (1) or more fire protection services, emergency medical care providers, homeland security programs or local government subdivisions of any other state or the United States;
   5. “Party emergency service” means a fire protection service, emergency medical care provider, homeland security program, local government subdivision or agency of the United States that is a party to a mutual aid agreement as set forth in this act;
   6. “This act” means W.S. 19-13-201 through 19-13-210 .

History. Laws 1991, ch. 248, § 1; W.S. 1977, § 19-5-202 ; Laws 1998, ch. 99, § 3; 2005, ch. 169, § 1.

The 2005 amendment substituted “homeland security” for “emergency management” in (a)(iv) and (a)(v), and made a stylistic change.

Laws 2005, ch. 169, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 2, 2005.

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

§ 19-13-203. Authorization to enter agreement; general content; authority.

1. Any one (1) or more fire protection services, emergency medical care providers, homeland security programs or local government subdivision of this state may enter into a mutual aid agreement with any one (1) or more fire protection services, emergency medical care providers, homeland security programs or local government subdivisions of any other state or the United States to provide emergency services to the area covered by the agreement. The agreement shall be authorized and approved by the governing body of each party to the agreement that is not an agency of the United States government.
2. The agreement shall fully set forth the powers, rights and obligations of the parties to the agreement.
3. A mutual aid agreement shall grant a fire protection service, homeland security program or emergency medical care provider of this state authority to operate outside of the state and shall grant authority for a fire protection service, homeland security program or emergency medical care provider of another state or the United States to operate within this state as if the fire service, homeland security program or emergency medical care provider were organized and operated under the laws of this state.

History. Laws 1991, ch. 248, § 1; W.S. 1977, § 19-5-203 ; Laws 1998, ch. 99, § 3; 2005, ch. 169, § 1.

The 2005 amendment substituted provisions throughout to reflect the agency name “emergency management” has been changed to “homeland security.”

Laws 2005, ch. 169, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 2, 2005.

§ 19-13-204. Detailed content of agreement.

1. The agreement authorized by W.S. 19-13-203 shall specify the following:
   1. The purpose of the agreement;
   2. The precise organization, composition and nature of any separate legal entity created by the agreement;
   3. The duration of the agreement;
   4. The manner of financing the agreement and establishing and maintaining a budget therefor;
   5. Provision for administering the agreement;
   6. The exact chain of command or delegation of authority to be followed by party emergency services acting under the provisions of the agreement;
   7. The manner of acquiring, holding and disposing of real and personal property used in the agreement;
   8. The method to be employed in accomplishing the partial or complete termination of the agreement and for disposing of property upon partial or complete termination; and
   9. The nature, extent and amount of insurance coverage for acts or omissions and delineation of each party’s responsibility for that coverage.

History. Laws 1991, ch. 248, § 1; W.S. 1977, § 19-5-204 ; Laws 1998, ch. 99, § 3.

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

§ 19-13-205. Submission of agreement to attorney general.

1. Before becoming effective, the agreement shall be submitted to and receive the approval of the state attorney general.
2. The attorney general shall approve an agreement submitted to him under this act unless he finds that it is not in proper form, does not meet the requirements set forth in this act, or otherwise does not conform to the laws of this state. If he disapproves an agreement, he shall provide a detailed written statement to the appropriate governing bodies of the fire protection services, emergency medical care providers, homeland security programs and local government subdivisions.
3. If the attorney general does not disapprove an agreement within sixty (60) days after its submission to him, it is considered approved.

History. Laws 1991, ch. 248, § 1; W.S. 1977, § 19-5-205 ; Laws 1998, ch. 99, § 3; 2005, ch. 169, § 1.

The 2005 amendment substituted “homeland security” for “emergency management” in (b)

Laws 2005, ch. 169, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 2, 2005.

Meaning of “this act.” —

For the definition of “this act,” referred to in the first sentence in subsection (b), see § 19-13-202(a)(vi).

§ 19-13-206. Filing of agreement.

1. Within twenty (20) days after approval by the attorney general, an agreement made pursuant to this act shall be filed in the office of:
   1. Each clerk and recorder of each county of this state where the principal office of one (1) of the parties to the agreement is located; and
   2. The secretary of state.

History. Laws 1991, ch. 248, § 1; W.S. 1977, § 19-5-206 ; Laws 1998, ch. 99, § 3.

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

This section, formerly § 19-5-206 , was inadvertently omitted from the 1998 legislative act that renumbered chapter 5. The Legislative Service Office, pursuant to § 8-1-105 , renumbered this section as § 19-13-206 .

Meaning of “this act.” —

For the definition of “this act,” referred to in the introductory language of subsection (a), see § 19-13-202(a)(vi).

§ 19-13-207. Agreement not to relieve agency of duties.

No agreement made under this act may relieve any fire protection service, emergency medical care provider, homeland security program or local government subdivision of this state of a duty imposed upon it by law. Timely performance of a duty created by a mutual aid agreement may be offered in satisfaction of the duty.

History. Laws 1991, ch. 248, § 1; W.S. 1977, § 19-5-207 ; Laws 1998, ch. 99, § 3; 2005, ch. 169, § 1.

The 2005 amendment substituted “homeland security” for “emergency management.”

Laws 2005, ch. 169, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 2, 2005.

Meaning of “this act.” —

For the definition of “this act,” referred to in the first sentence, see § 19-13-202(a)(vi).

§ 19-13-208. Limitation of powers.

Except for the right granted by this act to jointly exercise powers, this act does not authorize any fire protection service, emergency medical care provider, homeland security program or local government subdivision of this state to exercise a power that it is not otherwise authorized to exercise.

History. Laws 1991, ch. 248, § 1; W.S. 1977, § 19-5-208 ; Laws 1998, ch. 99, § 3; 2005, ch. 169, § 1.

The 2005 amendment substituted “homeland security” for “emergency management.”

Laws 2005, ch. 169, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 2, 2005.

Meaning of “this act.” —

For the definition of “this act,” referred to twice in this section, see § 19-13-202(a)(vi).

§ 19-13-209. Right of state in actions involving agreements.

In any case or controversy involving performance or interpretation of or liability under a mutual aid agreement entered into between one (1) or more fire protection services, emergency medical care providers, homeland security programs or local government subdivisions of this state and one (1) or more fire protection services, emergency medical care providers, homeland security programs or local government subdivisions of another state or of the United States, the parties to the agreement are the real parties in interest. This state may maintain an action against any fire protection service, emergency medical care provider, homeland security program or local government subdivision whose default, failure, performance or other conduct caused or contributed to a loss or liability incurred by the state.

History. Laws 1991, ch. 248, § 1; W.S. 1977, § 19-5-209 ; Laws 1998, ch. 99, § 3; 2005, ch. 169, § 1.

The 2005 amendment substituted “homeland security” for “emergency management” three times.

Laws 2005, ch. 169, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 2, 2005.

§ 19-13-210. Authorization to appropriate funds for purpose of agreement.

A fire protection service, emergency medical care provider, homeland security program or local government subdivision of this state may appropriate funds for and may sell, lease or otherwise supply material to any entity created for the purpose of performance of an agreement and may provide such personnel or services therefor as are within its authority to furnish.

History. Laws 1991, ch. 248, § 1; W.S. 1977, § 19-5-210 ; Laws 1998, ch. 99, § 3; 2005, ch. 169, § 1.

The 2005 amendment substituted “homeland security” for “emergency management.”

Laws 2005, ch. 169, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 2, 2005.

§ 19-13-301. Search and rescue account; created; expenditures.

1. The search and rescue account is created. Fees identified in W.S. 23-2-101 , 23-2-201 , 31-2-404 , 31-2-409 , 31-2-703 , 41-13-109 and 41-13-110 shall be deposited in the state treasury to the credit of this account.
2. Revenues deposited within the search and rescue account shall be expended by the Wyoming office of homeland security to reimburse counties for costs directly incurred in a specific search and rescue operation, subject to W.S. 19-13-302 and rules and regulations adopted by the Wyoming search and rescue council. Expenditures for reimbursement pursuant to this subsection shall receive priority over all other authorized account expenditures. No revenues deposited within the account shall be used to reimburse counties for any salary or benefits normally paid to its employees.
3. Subject to subsection (b) of this section, the Wyoming office of homeland security may expend revenues available within the search and rescue account for other search and rescue program purposes including:
   1. Administration of the Wyoming search and rescue program;
   2. Search and rescue training programs for Wyoming search and rescue personnel;
   3. Acquisition and maintenance of search and rescue equipment used in Wyoming;
   4. Development and maintenance of statewide search and rescue overhead teams.

History. Laws 1991, ch. 210, § 1; W.S. 1977, § 19-5-201 ; 1993, ch. 22, § 1; W.S. 1977, § 19-5-301 ; Laws 1998, ch. 99, § 3; 2001, ch. 146, § 2; 2005, ch. 169, § 1; ch. 231, § 1; 2013, ch. 23, § 1.

The 2005 amendments. —

The first 2005 amendment, by ch. 169, § 2, substituted provisions in (b) and (c) to reflect the agency name “emergency management” has been changed to “homeland security.”

Laws 2005, ch. 169, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 2, 2005.

The second 2005 amendment, by ch. 231, § 1, effective July 1, 2005, deleted “within the earmarked revenue fund” at the end of the first sentence in (a).

See the conflicting legislation note. This section has been set out incorporating amendments made by both 2005 acts.

The 2013 amendment, effective July 1, 2013, added “31-2-409, 31-2-703 ,” following “31-2-404” in (a).

Conflicting legislation. —

Laws 2005, ch. 231, § 3, provides: “The provisions of this act shall supersede the provisions of any other bill enacted into law during the 2005 general session which amends or references accounts or funds to the extent any other enactment is inconsistent with the establishment of the funds and accounts created under this act. The state auditor shall account for any fund or account created in any other legislation enacted in the 2005 general session in accordance with generally accepted accounting principles (GAAP) as promulgated by the governmental accounting standards board (GASB) and in accordance with this act.”

§ 19-13-302. Search and rescue account administration.

1. Any county sheriff’s office in this state may make a claim on the search and rescue account for reimbursement of costs directly incurred in the performance of search and rescue activities. Any claim made pursuant to this subsection shall be submitted to the Wyoming office of homeland security. Upon receipt, the Wyoming office of homeland security shall transmit the claim to the Wyoming search and rescue council for review and action in accordance with subsection (b) of this section.
2. The Wyoming search and rescue council shall review and act upon all claims submitted under subsection (a) of this section no later than June 30 following the year in which expenses were incurred for the claim submitted. If there are insufficient funds to pay all approved claims, the Wyoming office of homeland security shall prorate reimbursement among all approved claims. Payments authorized through the Wyoming office of homeland security pursuant to this section shall be paid by the state treasurer by warrant issued by the state auditor upon vouchers signed by the director, Wyoming office of homeland security or his designee.
3. Repealed by Laws 2001, ch. 146, § 3.

History. Laws 1991, ch. 210, § 1; W.S. 1977, § 19-5-202 ; 1993, ch. 22, § 1; W.S. 1977, § 19-5-302 ; Laws 1998, ch. 99, § 3; 2001, ch. 146, §§ 2, 3; 2005, ch. 169, § 1.

The 2005 amendment substituted provisions throughout to reflect the agency name “emergency management” has been changed to “homeland security.”

Laws 2005, ch. 169, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 2, 2005.

§ 19-13-303. Search and rescue council; appointment; vacancies; compensation; duties.

1. The Wyoming search and rescue council is established and shall consist of eleven (11) voting members. The director of the Wyoming office of homeland security or his designee shall serve as a voting member and the permanent executive secretary to the council. The governor shall appoint the remaining ten (10) members to serve four (4) year terms as follows:
   1. Three (3) county sheriffs;
   2. One (1) county commissioner;
   3. One (1) peace officer at large; and
   4. Five (5) other citizens.
2. Council members appointed by virtue of their elected positions shall resign from the council immediately upon vacating their elected office. Individuals appointed to fill council vacancies shall be appointed for the full term and shall not be appointed to serve the remainder of the unexpired portion of the term. The governor may remove any appointed council member as provided under W.S. 9-1-202 .
3. Members shall serve without compensation but shall receive mileage and per diem as provided for state employees under W.S. 9-3-102 and 9-3-103 .
4. The council shall adopt rules and regulations as necessary to administer this article.

History. Laws 2001, ch. 146, § 1; 2005, ch. 169, § 1.

The 2005 amendment substituted “The director of the Wyoming office of homeland security or his designee” for “The coordinator of the Wyoming emergency management agency” in (a).

Laws 2005, ch. 169, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 2, 2005.

§ 19-13-401. Compact provisions.

The Emergency Management Assistance Compact is enacted into law and entered into with all other jurisdictions legally joining therein in form substantially the same. W.S. 19-13-401 through 19-13-414 shall be known and may be cited as the “Emergency Management Assistance Compact.”

History. Laws 2003, ch. 21, § 1.

§ 19-13-402. Purposes and authorities.

1. This compact is made and entered into by and between the participating member states that enact this compact, hereinafter called party states. For the purposes of this agreement, the term “states” is taken to mean the several states, the Commonwealth of Puerto Rico, the District of Columbia and all United States territorial possessions.
2. The purpose of this compact is to provide for mutual assistance between the states entering into this compact in managing any emergency or disaster that is duly declared by the governor of the affected state, whether arising from natural disaster, technological hazard, man-made disaster or emergency aspects of resource shortages.
3. This compact shall also provide for mutual cooperation in emergency-related exercises, testing or other training activities using equipment and personnel simulating performance of any aspect of the giving and receiving of aid by party states or subdivisions of party states during emergencies for actions occurring outside actual declared emergency periods. Mutual assistance in this compact may include the use of the states’ national guard forces, either in accordance with the National Guard Mutual Assistance Compact or by mutual agreement between states.

History. Laws 2003, ch. 21, § 1; 2006, ch. 59, § 1.

The 2006 amendment, effective July 1, 2006, deleted the proviso at the end of (c) concerning mutual assistance or cooperation limitations.

§ 19-13-403. General implementation.

1. Each party state entering into this compact recognizes many emergencies transcend political jurisdictional boundaries and that intergovernmental coordination is essential in managing these and other emergencies under this compact. Each state further recognizes that there will be emergencies, which require immediate access and present procedures to apply outside resources to make a prompt and effective response to an emergency. This is because few, if any, individual states have all the resources they may need in all types of emergencies or the capability of delivering resources to areas where emergencies exist.
2. The prompt, full, and effective utilization of resources of the participating states, including any resources on hand or available from the federal government or any other source, that are essential to the safety, care and welfare of the people in the event of any emergency or disaster declared by a party state, shall be the underlying principle on which all provisions of this compact shall be understood.
3. On behalf of the governor of each state participating in the compact, the legally designated state official who is assigned responsibility for homeland security will be responsible for formulation of the appropriate interstate mutual aid plans and procedures necessary to implement this compact.

History. Laws 2003, ch. 21, § 1; 2005, ch. 169, § 1.

The 2005 amendment substituted “homeland security” for “emergency management” in (c).

Laws 2005, ch. 169, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 2, 2005.

§ 19-13-404. Party state responsibilities.

1. It shall be the responsibility of each party state to formulate procedural plans and programs for interstate cooperation in the performance of the responsibilities listed in this section. In formulating the plans, and in carrying them out, the party states, insofar as practical, shall:
   1. Review individual state hazards analyses and, to the extent reasonably possible, determine all those potential emergencies the party states might jointly suffer, whether due to natural disaster, technological hazard, man-made disaster, emergency aspects of resource shortages, or enemy attack;
   2. Review party states’ individual homeland security plans and develop a plan, which will determine the mechanism for the interstate management and provision of assistance concerning any potential emergency;
   3. Develop interstate procedures to fill any identified gaps and to resolve any identified inconsistencies or overlaps in existing or developed plans;
   4. Assist in warning communities adjacent to or crossing the state boundaries;
   5. Protect and assure uninterrupted delivery of services, medicines, water, food, energy and fuel, search and rescue, and critical lifeline equipment, services and resources, both human and material;
   6. Inventory and set procedures for the interstate loan and delivery of human and material resources, together with procedures for reimbursement or forgiveness.
2. The authorized representative of a party state may request assistance of another party state by contacting the authorized representative of that state. The provisions of this agreement shall only apply to requests for assistance made by and to authorized representatives. Requests may be verbal or in writing. If verbal, the request shall be confirmed in writing within thirty (30) days of the verbal request. Requests shall provide the following information:
   1. A description of the emergency service function for which assistance is needed, including but not limited to fire services, law enforcement, emergency medical, transportation, communications, public works and engineering, building inspection, planning and information assistance, mass care, resource support, health and medical services and search and rescue;
   2. The amount and type of personnel, equipment, materials and supplies needed and a reasonable estimate of the length of time they will be needed;
   3. The specific place and time for staging of the assisting party’s response and a point of contact at that location.
3. There shall be frequent consultation between state officials who have assigned homeland security responsibilities and other appropriate representatives of the party states with affected jurisdictions and the United States government, with free exchange of information, plans and resource records relating to emergency capabilities.

History. Laws 2003, ch. 21, § 1; 2005, ch. 169, § 1.

The 2005 amendment substituted “homeland security” for “emergency management” in (a)(ii) and (c).

Laws 2005, ch. 169, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 2, 2005.

§ 19-13-405. Limitations.

Any party state requested to render mutual aid or conduct exercises and training for mutual aid shall take the action necessary to provide and make available the resources covered by this compact in accordance with the terms hereof; provided that it is understood that the state rendering aid may withhold resources to the extent necessary to provide reasonable protection for that state. Each party state shall afford to the emergency forces of any party state, while operating within its state limits under the terms and conditions of this compact, the same powers (except that of arrest unless specifically authorized by the receiving state), duties, rights and privileges afforded forces of the state in which they are performing emergency services. Emergency forces will continue under the command and control of their regular leaders, but the organizational units will come under the operational control of the emergency services authorities of the state receiving assistance. These conditions may be activated, as needed, only subsequent to a declaration of a state of emergency or disaster by the governor of the party state that is to receive assistance or commencement of exercises or training for mutual aid and shall continue so long as the exercises or training for mutual aid are in progress, the state of emergency or disaster remains in effect or loaned resources remain in an official capacity in the receiving state, whichever is longer.

History. Laws 2003, ch. 21, § 1.

§ 19-13-406. Licenses and permits.

Whenever any person holds a license, certificate or other permit issued by any state party to the compact evidencing the meeting of qualifications for professional, mechanical or other skills, and when assistance is requested by the receiving party state, the person shall be deemed licensed, certified or permitted by the state requesting assistance to render aid involving the skill to meet a declared emergency or disaster, subject to limitations and conditions the governor of the requesting state may prescribe by executive order or otherwise.

History. Laws 2003, ch. 21, § 1.

§ 19-13-407. Liability.

Officers or employees of a party state rendering aid in another state pursuant to this compact shall be considered agents of the requesting state for tort liability and immunity purposes. Any party state or its officers or employees rendering aid in this state pursuant to this compact shall be liable for any act or omission on the part of the forces while so engaged or for the maintenance or use of any equipment or supplies in connection therewith in accordance with the provisions of the Wyoming Governmental Claims Act.

History. Laws 2003, ch. 21, § 1.

Wyoming Governmental Claims Act. —

See §§ 1-39-101 and 1-39-103(a)(viii).

§ 19-13-408. Supplementary agreements.

If it is probable that the pattern and detail of the machinery for mutual aid among two (2) or more states may differ from that among the states that are party hereto, this instrument contains elements of a broad base common to all states, and nothing herein contained shall preclude any state from entering into supplementary agreements with another state or affect any other agreements already in force between states. Supplementary agreements may comprehend, but shall not be limited to, provisions for evacuation and reception of injured and other persons and the exchange of medical, fire, police, public utility, reconnaissance, welfare, transportation and communications personnel and equipment and supplies.

History. Laws 2003, ch. 21, § 1.

§ 19-13-409. Compensation.

Each party state shall provide for the payment of compensation and death benefits to injured members of the emergency forces of that state and representatives of deceased members of the forces in case the members sustain injuries or are killed while rendering aid pursuant to this compact, in the same manner and on the same terms as if the injury or death were sustained within their own state.

History. Laws 2003, ch. 21, § 1.

§ 19-13-410. Reimbursement.

Any party state rendering aid in another state pursuant to this compact shall be reimbursed by the party state receiving aid for any loss or damage to or expense incurred in the operation of any equipment and the provision of any service in answering a request for aid and for the costs incurred in connection with the requests; provided, that any aiding party state may assume in whole or in part the loss, damage, expense or other cost, or may loan the equipment or donate the services to the receiving party state without charge or cost; and provided further, that any two (2) or more party states may enter into supplementary agreements establishing a different allocation of costs among those states. Expenses under W.S. 19-13-409 shall not be reimbursable under this provision.

History. Laws 2003, ch. 21, § 1.

§ 19-13-411. Evacuation.

Plans for the orderly evacuation and interstate reception of portions of the civilian population as the result of any emergency or disaster of sufficient proportions to so warrant, shall be worked out and maintained between the party states and the emergency management services directors of the various jurisdictions where any type of incident requiring evacuations might occur. The plans shall be put into effect by request of the state from which evacuees come and shall include the manner of transporting the evacuees, the number of evacuees to be received in different areas, the manner in which food, clothing, housing and medical care will be provided, the registration of the evacuees, the providing of facilities for the notification of relatives or friends, and the forwarding of the evacuees to other areas or the importing of additional materials, supplies and all other relevant factors. The plans shall provide that the party state receiving evacuees and the party state from which the evacuees come shall mutually agree as to reimbursement of out-of-pocket expenses incurred in receiving and caring for the evacuees, for expenditures for transportation, food, clothing, medicines and medical care and like items. The expenditures shall be reimbursed as agreed by the party state from which the evacuees come. After the termination of the emergency or disaster, the party state from which the evacuees come shall assume the responsibility for the ultimate support of repatriation of the evacuees.

History. Laws 2003, ch. 21, § 1.

§ 19-13-412. Implementation.

1. This compact shall become operative immediately upon its enactment into law by any two (2) states; thereafter, this compact shall become effective for any other state upon its enactment by that state.
2. Any party state may withdraw from this compact by enacting a statute repealing the same, but no withdrawal shall take effect until thirty (30) days after the governor of the withdrawing state has given notice in writing of the withdrawal to the governors of all other party states. The action shall not relieve the withdrawing state from obligations assumed hereunder prior to the effective date of withdrawal.
3. Duly authenticated copies of this compact and of supplementary agreements entered into shall, at the time of their approval, be deposited with each of the party states and with the federal department of homeland security and other appropriate agencies of the United States government.

History. Laws 2003, ch. 21, § 1; 2005, ch. 169, § 1.

The 2005 amendment substituted “department of homeland security” for “emergency management agency” in (c).

Laws 2005, ch. 169, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 2, 2005.

Editor's notes. —

See editor's note under the article heading.

§ 19-13-413. Validity.

This act shall be construed to effectuate the purposes stated in W.S. 19-13-402 hereof. If any provision of this compact is declared unconstitutional, or its applicability to any person or circumstances is held invalid, the constitutionality of the remainder of this act and its applicability to other persons and circumstances shall not be affected.

History. Laws 2003, ch. 21, § 1.

Meaning of “this act.” —

The meaning of “this act,” as referred to in this section, is apparently its enacting legislation, Laws 2003, ch. 21.

§ 19-13-414. Additional provisions.

Nothing in this compact shall authorize or permit the use of military force by the national guard of a state at any place outside that state in any emergency for which the president is authorized by law to call into federal service the militia, or for any purpose for which the use of the Army or the Air Force would in the absence of express statutory authorization be prohibited under Section 1385 of Title 18, United States Code.

History. Laws 2003, ch. 21, § 1.

§ 19-14-101. Burial of indigents. [Effective until July 1, 2021]

1. The board of county commissioners of each county shall provide for the preparation of the body and transmittal to and burial in the veteran’s cemetery of any other than a dishonorably discharged veteran of the armed forces of the United States who served on behalf of the United States in any war or conflict as defined in section 101, title 38, United States Code and who dies leaving insufficient funds to defray the necessary funeral expenses. The amount expended for transporting the body shall not exceed five hundred dollars ($500.00).
2. Before assuming charge and expense for preparation and transmittal of the body and burial, each board of county commissioners shall first determine according to procedures they establish that the deceased veteran of the armed forces of the United States whose body they are called upon to bury served in the armed forces of the United States during World War II or any preceding war in which the United States was a party or during the Korean or Vietnam conflicts, was other than dishonorably discharged and died in the county leaving insufficient means to defray the necessary funeral expenses.
3. The county commissioners of each county, shall:
   1. Keep a complete record of all the facts relating to any veteran of the armed forces of the United States who is buried in accordance with this section; and
   2. Draw a warrant on the treasurer of their county for the payment of the expenses out of the general funds of the county.

History. Laws 1886, ch. 26, §§ 1 to 3; R.S. 1887, §§ 1966 to 1968; 1899, §§ 1255 to 1257; C.S. 1910, §§ 1338 to 1340; 1920, §§ 1587 to 1589; Laws 1921, ch. 111, § 1; R.S. 1931, §§ 100-301 to 100-303; C.S. 1945, §§ 30-401 to 30-403; W.S. 1957, §§ 19-116 to 19-118; Laws 1977, ch. 138, §§ 1; 1985, ch. 79, § 1; W.S. 1977, § 19-14-101 ; Laws 1998, ch. 99, § 3; 2010, ch. 74, § 1; 2021, ch. 33, § 1.

Cross references. —

As to taking unclaimed bodies of war veterans for scientific research, see § 35-4-602 .

As to cemeteries and burials generally, see §§ 35-8-101 to 35-8-407 .

The 2010 amendment, effective July 1, 2010, in (a), substituted “on behalf of the United States in any war or conflict as defined in section 101, title 38, United States Code” for “during World War II or any preceding war or the Korean or Vietnam conflicts on behalf of the United States.”

The 2021 amendment , effective July 1, 2021, added the third through sixth sentences in (a).

Applicability. —

Laws 2021, ch. 33, § 2, provides: “This act shall only apply to expenses incurred under W.S. 18-3-504(c), 19-14-101(a) and 42-2-103(c) on or after the effective date of this act.”

Am. Jur. 2d, ALR and C.J.S. references. —

Federal statute as to disposition of personal property of veteran dying in Veterans' Administration facility without spouse or heirs, 36 A.L.R.2d 725.

§ 19-14-101. Burial of indigents. [Effective July 1, 2021]

1. The board of county commissioners of each county shall provide for the preparation of the body and transmittal to and burial in the veteran’s cemetery of any other than a dishonorably discharged veteran of the armed forces of the United States who served on behalf of the United States in any war or conflict as defined in section 101, title 38, United States Code and who dies leaving insufficient funds to defray the necessary funeral expenses. The amount expended for transporting the body shall not exceed five hundred dollars ($500.00). The amount paid under this section for burial shall not exceed one thousand five hundred dollars ($1,500.00). Each board shall account for the county expenses incurred under this subsection during a fiscal year. By August 1 of each year, a county may request reimbursement by the department of family services for the expenses incurred under this subsection for the preceding fiscal year. The department of family services shall reimburse the expenses in accordance with W.S. 35-1-428(c).
2. Before assuming charge and expense for preparation and transmittal of the body and burial, each board of county commissioners shall first determine according to procedures they establish that the deceased veteran of the armed forces of the United States whose body they are called upon to bury served in the armed forces of the United States during World War II or any preceding war in which the United States was a party or during the Korean or Vietnam conflicts, was other than dishonorably discharged and died in the county leaving insufficient means to defray the necessary funeral expenses.
3. The county commissioners of each county, shall:
   1. Keep a complete record of all the facts relating to any veteran of the armed forces of the United States who is buried in accordance with this section; and
   2. Draw a warrant on the treasurer of their county for the payment of the expenses out of the general funds of the county.

History. Laws 1886, ch. 26, §§ 1 to 3; R.S. 1887, §§ 1966 to 1968; 1899, §§ 1255 to 1257; C.S. 1910, §§ 1338 to 1340; 1920, §§ 1587 to 1589; Laws 1921, ch. 111, § 1; R.S. 1931, §§ 100-301 to 100-303; C.S. 1945, §§ 30-401 to 30-403; W.S. 1957, §§ 19-116 to 19-118; Laws 1977, ch. 138, §§ 1; 1985, ch. 79, § 1; W.S. 1977, § 19-14-101 ; Laws 1998, ch. 99, § 3; 2010, ch. 74, § 1; 2021, ch. 33, § 1.

§ 19-14-102. Interview preference in public departments; qualifications.

1. In every public department veterans or surviving spouses shall have a preference prior to the interview process. Age or other impairment which does not in fact materially incapacitate shall not disqualify them from receiving preference if they possess the business capacity, competency, education or other qualifications for discharge of the duties required. If the disabilities do not materially interfere with performance of the duties, the disabled veterans shall be given preference over able-bodied veterans.
2. Each official or person having power of appointment in the public service is charged with the faithful compliance with the duties herein prescribed.
3. Whenever a veteran or surviving spouse applies for initial employment with a public department that uses a numerical scoring system prior to its interview process, the veteran or surviving spouse shall be allowed a five percent (5%) advantage over any nonveteran. A veteran that has a service connected disability of ten percent (10%) or more shall be given a ten percent (10%) advantage. Whenever a veteran or surviving spouse applies for initial employment with a public department and no numerical scoring system is used prior to the interview process, the veteran or surviving spouse shall be given an advantage over nonveteran candidates that reasonably approximates the advantage given to veterans or surviving spouses applying for initial employment with a public department that uses a numerical scoring system in the interview process pursuant to this subsection. No preference under this section shall be given to a veteran currently employed by a public department.
4. As used in this section:
   1. “Public department” includes the state of Wyoming or any of its branches, agencies, municipalities, counties, school districts, political subdivisions, special districts, community college districts and the University of Wyoming;
   2. “Veteran” means a member of the United States military establishment honorably discharged from service who has been a resident of the state of Wyoming for one (1) year or more at any time prior to the date when the veteran applies for employment;
   3. “Surviving spouse” means a person who was married to a veteran at the time of the veteran’s death and who receives survivor benefits from the federal government based on the veteran’s military service.

History. Laws 1890, ch. 44, §§ 1, 2; R.S. 1899, §§ 2636, 2637; C.S. 1910, §§ 291, 292; 1920, §§ 350, 351; R.S. 1931, §§ 100-101, 100-102; Laws 1945, ch. 46, § 1; 1945, ch. 54; C.S. 1945, §§ 30-201 to 30-203; W.S. 1957, §§ 19-119 to 19-121; Laws 1969, ch. 3, §§ 1, 2; 1977, ch. 138, § 1; W.S. 1977, § 19-6-102 ; Laws 1998, ch. 99, § 4; 2017, ch. 195, § 1.

Cross references. —

For provision giving preference to veterans in hiring of municipal policemen and firemen, see § 15-5-107 .

The 2017 amendment, effective July 1, 2017, rewrote (a) deleted language specifying veterans of war under section 101, title 38, of the USC, deleted language requiring a veteran to be a resident of Wyoming for one year, and added language specifying that preference will be given to veterans prior to the interview process; rewrote (c); and added (d).

Only employee denied position may file grievance. —

A department of administration and information employee could not file a grievance against the department of transportation after he was not hired for a transportation department position. The personnel administrator correctly interpreted and applied the Personnel Rules when he denied both the grievance and the request for the formation of a grievance committee. Pinther v. State, Dep't of Admin. & Info., 866 P.2d 1300, 1994 Wyo. LEXIS 3 (Wyo. 1994).

No preference for veteran seeking transfer. —

The veteran's preference contained in subsection (a) does not extend to a qualified veteran seeking a transfer to another state agency. The legislature intended for this section to give qualified veterans the benefit of a competitive advantage in the state hiring process. Giving a preference to veterans who are pursuing a transfer or promotion within the state government in no way advances this legislative process. Pinther v. State, Dep't of Admin. & Info., 866 P.2d 1300, 1994 Wyo. LEXIS 3 (Wyo. 1994).

Quoted in

Martinez v. State, 218 F.3d 1133, 2000 U.S. App. LEXIS 17319 (10th Cir. 2000).

Law reviews. —

See comment, “The Right of Wyoming State and Municipal Employees to Organize, Receive Exclusive Recognition, and Bargain Collectively,” 5 Land & Water L. Rev. 605 (1970).

Am. Jur. 2d, ALR and C.J.S. references. —

Reemployment of discharged servicemen, 29 ALR2d 1279.

Rights of noncivil service public employees, with respect to discharge or dismissal, under state veterans' tenure statutes, 58 ALR2d 960.

Applicability of doctrine of laches to bar veterans' re-employment claims where there is delay by government officials and agencies in rendering veterans' re-employment aid pursuant to 38 USC § 2025 [omitted], 53 ALR Fed 451.

Attorneys' fee awards under 5 USCS § 7701(g), which allows award of attorneys' fees to prevailing employee for appeal to merit systems protection board from adverse employment decision. 143 ALR Fed 145.

§ 19-14-103. Honorably discharged considered to be sui juris as to G.I. bill of rights.

Each person eighteen (18) years of age who receives an honorable discharge from the armed service of the United States after having served at least three (3) months in the armed services, shall be considered as having attained the age of majority in connection with all property and contractual rights and liabilities upon his obtaining the discharge. This section is applicable only to provisions of Public Law 346, statutes-at-large Seventy-Eighth Congress, 1944, second session.

History. Laws 1945, ch. 109, § 1; C.S. 1945, § 30-208; W.S. 1957, § 19-122; Laws 1977, ch. 138, § 1; W.S. 1977, § 19-6-103 ; Laws 1998, ch. 99, § 4.

Editor's notes. —

The act of June 22, 1944, ch. 268, 58 Stat. 284, entitled an act “to provide federal government aid for the readjustment in civilian life of returning world war veterans” and generally known as the “G.I. Bill,” referred to in the text, was repealed by Pub. L. 85-827, § 14 (87), Sept. 2, 1958, 72 Stat. 1273. For similar provisions, see 38 U.S.C. §§ 1801 et seq.

Am. Jur. 2d, ALR and C.J.S. references. —

Validity and effect of side agreement affecting cost of property covered by veterans' loan under Servicemen's Readjustment Act, 19 ALR2d 836.

Validity, construction, and application of 38 U.S.C. § 211(a) [see 38 U.S.C. § 1985] precluding judicial or other review of administrative decisions on veterans' benefits, 18 ALR Fed 915.

§ 19-14-104. Recordation of discharges.

1. Each Wyoming county clerk shall record in his office without charge of any fee a certificate of discharge or other separation from service documents from any person who has served in the United States armed forces at any time, and who has been honorably discharged or relieved from active service.
2. All documents filed under this section on and after July 1, 2003, shall be kept confidential and shall be available only to the discharged person, that person’s authorized agent, that person’s dependents, the veterans’ service officer, the Wyoming veteran’s commission, a peace officer or by court order.
3. Any person who has recorded a certificate of discharge or other separation from service documents prior to July 1, 2003 may request that all filed documents which have not been commingled be transferred or rerecorded without charge of any fee and kept as a confidential file pursuant to subsection (b) of this section.
4. A county clerk shall, to the greatest extent practical, take appropriate protective actions in accordance with any limitations determined necessary by him with regard to records that were filed with or placed in storage by a county clerk prior to July 1, 2003.
5. Ten (10) years after the death of the veteran, or, if the date of death of the veteran is unknown, one hundred (100) years from the time of discharge or release from active service, the county clerk may transfer the documents filed under this section to a public archive.

History. Laws 1945, ch. 103, § 1; C.S. 1945, § 30-209; W.S. 1957, § 19-123; Laws 1977, ch. 138, § 1; W.S. 1977, § 19-6-104 ; Laws 1998, ch. 99, § 4; 2003, ch. 95, § 1; ch. 202, § 3; 2009, ch. 168, § 206.

The 2009 amendment, effective July 1, 2009, deleted “and ex officio register of deeds” following “county clerk” in (a) and (d).

§ 19-14-105. Use of pensions for support in state institutions prohibited; exception; penalty.

No state institution shall take any part of the pension of any war veteran for his support or maintenance except, in the case of a veteran who is or who may be confined in any charitable institution of Wyoming. The pension of the veteran in excess of four hundred twenty dollars ($420.00) per month may be used for support and maintenance if the veteran has no dependents. Any officer of a state institution or other person violating the provisions of this section upon conviction shall be fined not less than one hundred dollars ($100.00) nor more than seven hundred fifty dollars ($750.00) for each offense.

History. Laws 1903, ch. 52, §§ 1, 2; C.S. 1910, § 5983; C.S. 1920, § 7281; Laws 1927, ch. 69, § 1; R.S. 1931, § 32-826; C.S. 1945, § 30-212; W.S. 1957, § 19-124; Laws 1977, ch. 138, § 1; W.S. 1977, § 19-6-105 ; Laws 1998, ch. 99, § 3.

§ 19-14-106. Free tuition for education of war orphans and veterans; definitions.

1. As used in this section:
   1. “Eligible person” includes the surviving spouse and dependent of any person who was a resident of Wyoming at the time of entering into active state service or active service with the military forces of the United States; and
      1. Whose death was service connected, as defined in 81 Stat. 181, 38 U.S.C. 101, or is listed officially in the military records of the United States as being a prisoner of war or missing in action as a result of active state service or active service with the military forces of the United States; or
      2. Who was honorably discharged from the military forces of the United States and thereafter died of an injury or disease incurred while in active state service or active service with such military forces, being a resident at the time of death.
   2. “Vietnam veteran” means any person who:
      1. Was in active service with the military forces of the United States and received a Vietnam service medal between August 5, 1964 to May 7, 1975; and
      2. Received a discharge from the military forces of the United States other than dishonorably; and
      3. Has been a resident of Wyoming for not less than one (1) year.
   3. “Academic year” means the twelve (12) month period beginning with the commencement of the fall semester for the University of Wyoming and with the commencement of the summer semester for community colleges;
   4. “Combat veteran surviving spouse or dependent” means a person who is a surviving spouse or dependent of any overseas combat veteran or Vietnam veteran when the overseas combat veteran or Vietnam veteran was a resident of Wyoming for at least one (1) year prior to entering active service and the overseas combat veteran or Vietnam veteran died during active service. For purposes of this paragraph, a child is a combat dependent only if he was under twenty-two (22) years of age at the time his parent or legal guardian died in overseas combat during active service;
   5. “Overseas combat veteran” means a person other than a Vietnam veteran who was a resident of Wyoming for at least one (1) year prior to entering into active service, who is an honorably discharged veteran who served in the military service of the United States and who was awarded the armed forces expeditionary medal or other authorized service or campaign medal indicating service to the United States in any armed conflict in a foreign country;
   6. “Successive education” means the pursuit of a degree or certificate at a higher level than the student has previously earned using benefits received under this section.
2. The state or any political educational subdivision shall provide free tuition to all eligible persons who are residents of this state and who are attending or may attend the University of Wyoming or a Wyoming community college for the purpose of successive education, where courses of instruction are provided in subjects which would tend to enable the eligible persons to engage in any useful trade, occupation or profession. Funds provided  under this section shall not exceed the University of Wyoming current  undergraduate rate per semester, regardless of the education level,  degree or certification a student pursues.
3. Repealed by Laws 2007, ch. 91, § 3.
4. The community  college commission shall reimburse the University of Wyoming and each  community college for the costs of tuition provided under this section. If insufficient  funds are appropriated, the reimbursement shall be proportionally  reduced based on tuition expenses. The commission shall promulgate rules for the implementation  of the free tuition pursuant to subsections (f) through (k) of this section, including  the reimbursement to the university and community colleges.
5. The community college commission shall include within its biennial budget request submitted under W.S. 9-2-1013 a report identifying the actions taken and monies expended pursuant to this act for each of the immediately preceding two (2) fiscal years.
6. Any person  who is a Vietnam veteran, not presently receiving education benefits  under the Servicemen’s Readjustment Act of 1944, as amended,  an overseas combat veteran, a combat veteran surviving spouse or a  combat veteran dependent shall receive free tuition for up to a total of eight (8) semesters of study at the University of Wyoming  or any Wyoming community college. The University of Wyoming and all  Wyoming community colleges shall cooperate to ensure that a total  of not more than eight (8) semesters is  provided under this section to any recipient. No person shall be eligible  for the benefits provided under this section for any semester commencing  more than eight (8) academic years after the semester in which the  person initially receives benefits under this section. The institution  in which the student enrolls shall grant exceptions to the requirements  of this subsection for military service, religious service or other  good cause shown, which exceptions shall be consistent with rules  promulgated by the Wyoming department of education for the Hathaway  scholarship program under W.S. 21-16-1303(d).
7. In order to qualify for the benefit under this section, a person claiming eligibility as an overseas combat veteran, combat veteran surviving spouse or combat veteran dependent shall enroll at the University of Wyoming or a Wyoming community college. A combat veteran dependent shall be under twenty-two (22) years of age at the time of enrollment at the University of Wyoming or a Wyoming community college.
   1. through (iii) Repealed by Laws 2012, ch. 92, § 2.
8. The institution in which the student enrolls shall grant exceptions to the requirements of this section for military service, religious service or other good cause shown, which exceptions shall be consistent with rules promulgated by the Wyoming department of education for the Hathaway scholarship program under W.S. 21-16-1303(b)(iii)(B). There is no limitation as to when a Vietnam veteran not presently receiving education benefits under the Servicemen’s Readjustment Act of 1944, as amended, may enroll and begin receiving benefits under this section. There also is no limit as to when an overseas combat veteran or combat veteran surviving spouse may enroll and begin receiving benefits under this section.
9. A person who  had qualified for free tuition under subsection (f) or (g) of this section, shall be deemed eligible  for the free tuition at any Wyoming community college or the University of Wyoming up  to the maximum number of semesters of study allowed under subsection (f) of this section, if the person transfers to another institution  specified in subsection (b) of this section.
10. To remain  eligible for benefits under this section, by the end of the spring  semester completing the student’s third or fourth semester  of attendance, the student shall have a cumulative grade point average  of at least two point zero (2.0) and shall maintain a cumulative grade  point average of at least two point zero (2.0) at the end of each  subsequent spring semester to continue to receive the free tuition.

History. Laws 1945, ch. 108, §§ 1, 2; C.S. 1945, §§ 30-210, 30-211; W.S. 1957, §§ 19-125, 19-126; Laws 1969, ch. 187, §§ 1, 2; 1973, ch. 137, § 1; 1977, ch. 138, § 1; 1985, ch. 104, § 1; W.S. 1977, § 19-6-106 ; Laws 1998, ch. 99, § 4; 2005, ch. 71, § 1; 2006, ch. 73, § 1; 2007, ch. 91, §§ 2, 3; 2012, ch. 92, §§ 1, 2; 2014, ch. 7, § 2; 2018, ch. 109, § 1.

The 2005 amendment, effective July 1, 2005, substituted “eligible person” for “war orphan” or “orphan,” and inserted provisions extending benefits for active state service throughout; in (a)(i) inserted “surviving spouse and” before “child” to similarly extend benefits; in (a)(i)(A) substituted “active state service or active service with the military forces of the United States” for “the Korean or Vietnam conflicts”; and made stylistic changes.

The 2006 amendment, added (a)(iii) through (v); in (c), inserted “overseas combat veteran or combat veteran surviving spouse or orphan” in two places, deleted “or vocational education” following “for any credit,” inserted the last four sentences; added (d) and (e).

Laws 2006, ch. 73, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 23, 2006.

The 2007 amendment, in (a), substituted “dependent” for “child” in (i); in (iv), substituted “dependent” for “orphan” three times, inserted “or Vietnam veteran” following “veteran” three times, substituted “twenty-two (22) dependent” for “twenty-one (21)” and inserted “or legal guardian” following “time his parent”; in (d), inserted variants of “and fee” three times, substituted “subsections (f) through (k)” for “subsection (c)”; added (f) through (k), and repealed former (c), which pertained to providing free tuition for any Vietnam veteran not presently receiving education benefits under the Servicemen's Readjustment Act of 1944.

Laws 2007, ch. 91, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved February 22, 2007.

The 2012 amendment, in (g), added “an overseas combat veteran, combat veteran surviving spouse or combat veteran dependent shall enroll at the University of Wyoming or a Wyoming community college,” and the last sentence; repealed former (g)(i) through (g)(iii) pertaining to removing time limits for receiving certain educational benefits; and in (h), substituted “section” for “subsection,” and added the present last sentence.

Laws 2012, ch. 92, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 15, 2012.

The 2014 amendment, rewrote (e).

The 2018 amendment, throughout (d), (f), (j), and (k), deleted “and fees” and variants following “tuition”; added (a)(vi); in (b), in the first sentence, deleted “matriculation and all other fees” following “free tuition” and substituted “the University of Wyoming or a Wyoming community college for the purpose of successive education” for “any state institutions in elementary, secondary and college grades, business colleges, state vocational training schools or other educational institutions of this state,” and added the second sentence; in (f), twice substituted “eight (8)” for “ten (10)” preceding “semesters”; and, in (j),substituted “subsection (f)” for “subsection (a)” following “allowed under” and “subsection (b)” for “subsection (a)” following specified in.”

Laws 2018, ch. 109, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 14, 2018.

Editor's notes. —

There is no subsection (i) in this section as it appears in the printed acts.

Laws 2018, ch. 109, § 2, provides: “Notwithstanding W.S. 19-14-106 as amended by this act, students receiving initial benefits before the effective date of this act, shall be eligible for free tuition and fees for up to a total of ten (10) semesters if such benefits are exercised before August 31, 2020. Students receiving benefits subject to this section may continue work in the certificate or degree based program in which they are currently enrolled regardless of successive education or University of Wyoming undergraduate rate requirements.”

Servicemen's Readjustment Act. —

The federal Servicemen's Readjustment Act of 1944, referred to in subsection (c), was repealed in 1958 and reenacted as 38 U.S.C. § 3701 et seq.

Meaning of “this act.” —

The term “this act,” referred to in this section, means §§ 19-14-101 through 19-14-109 .

Appropriations. —

Laws 2006, ch. 73, § 2 appropriates from the general fund to the community college commission two hundred thousand dollars ($200,000.00) for reimbursement to the University of Wyoming and the community colleges to cover the free tuition authorized under this act. The community college commission is authorized to take an administrative fee, not to exceed five percent (5%), to administer and disburse the funds pursuant to this act. Notwithstanding W.S.14 9-4-207(a), any unexpended funds appropriated under this section shall not revert to the general fund at the end of the biennium.

§ 19-14-107. Creation of veterans' commission; composition; terms.

1. A Wyoming veterans’ commission is created within the military department consisting of twelve (12) members, not less than one (1) of whom shall reside in each judicial district identified in W.S. 5-3-101 , appointed by the governor for staggered terms of three (3) years. Commencing with initial appointments made in 2005, four (4) members of the board shall be appointed for a term of one (1) year, four (4) members for a term of two (2) years and four (4) members for a term of three (3) years. Terms thereafter shall be three (3) years and staggered with one-third (1/3) of the members’ terms expiring each year. Appointments shall be made without regard to political affiliation, sex, religion or ethnic background. The governor may remove any member as provided in W.S. 9-1-202 . A chairman shall be elected by the commission from among its members and a new chairman elected every two (2) years thereafter.
2. The commission shall meet at least once a year and at the call of the governor. Members shall be reimbursed according to W.S. 9-3-102 and 9-3-103 for per diem and travel expenses incurred in the performance of their duties.
3. The commission shall:
   1. Study all federal and state legislation affecting veterans, their spouses, dependents and beneficiaries;
   2. Establish liaison with agencies dealing with veteran’s affairs;
   3. Make recommendations to the legislature and to the governor concerning veterans;
   4. Adopt policies and procedures necessary to administer the veteran burial team account pursuant to W.S. 19-14-109 ;
   5. Prepare, maintain and distribute information, by printed material or otherwise, to educate Wyoming veterans and their families regarding veterans’ benefits, healthcare and disability claims, pension claims and other matters relevant to veteran status;
   6. Provide oversight and administrative services for the operation of any veterans’ cemetery authorized by W.S. 19-14-108 , including but not limited to establishing cemetery directors and advisory boards;
   7. Provide assistance to Wyoming veterans and their families for the filing and processing of veterans’ benefits, veterans’ healthcare benefits and United States Department of Veterans Affairs disability and pension claims;
   8. Administer all vehicle licensing and driver’s licensing obligations required of the commission pursuant to title 31;
   9. Maintain and administer the veterans’ commission expendable trust fund pursuant to rules and procedures which shall be promulgated by the commission and approved by the military department;
   10. To the extent the employment of an executive director would aid in accomplishing the duties required by this section and benefit Wyoming veterans, appoint or retain an executive director for such period, upon such terms and conditions and for such compensation as the commission may deem appropriate. Any appointment shall be made with the approval of the adjutant general and the governor and shall be subject to the removal authority provided by W.S. 9-1-202 . An executive director may hire and supervise such other staff as may be authorized by the commission and shall be administratively supported by the military department;
   11. Collect, maintain and preserve physically or electronically  any military service records of past and present Wyoming national  guard personnel and those veterans who have declared Wyoming as their  residence upon separation from the military. This shall include any  records maintained by the adjutant general pursuant to W.S. 19-7-103(b)(iii) and (xiv) if delegated such responsibility;
   12. Perform such other and further tasks as are necessary to carry out  the duties imposed by this section or as required by the legislature.

History. Laws 1975, ch. 127, § 1; 1977, ch. 138, § 1; 1986, ch. 39, § 1; 1987, ch. 175, § 1; 1990, ch. 63, § 2; W.S. 1977, § 19-6-107 ; Laws 1998, ch. 99, § 3; 1999, ch. 57, § 1; 2003, ch. 55, § 1; ch. 181, § 2; 2004, ch. 39, § 1; 2005, ch. 36, § 1; 2011, ch. 27, § 1; 2013, ch. 199, § 2; 2017, ch. 47, § 1.

The 2004 amendment, in (c)(iv), substituted “policies and procedures” for “rules and regulations.”

Laws 2004, ch. 39, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 3, 2004.

The 2005 amendment, effective July 1, 2005, in (a), substituted “staggered terms of three (3) years” for “terms of two (2) years,” and inserted the second and third sentences.

The 2011 amendment, added (c)(v) through (c)(xi) and made related changes.

Laws 2011, ch. 27 § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved February 18, 2011.

The 2017 amendment, effective July 1, 2017, added present (c)(xi), and redesignated former (c)(xi) as (c)(xii).

The 2013 amendment, effective July 1, 2013, added “and driver’s licensing” in (c)(viii).

Editor's notes. —

Laws 2004, ch. 39, § 2, provides:

“(a) The policies and procedures adopted by the veterans' commission pursuant to this act shall not be subject to provisions of the Wyoming Administrative Procedure Act [W.S. 16-3-101 et seq].

“(b) The provisions of this act shall apply to claims payable under W.S. 19-14-109 for services rendered on or after July 1, 2003.”

Veterans home study. —

Laws 2005, ch. 199, §§ 1 and 2, appropriates $100,000, or so much thereof as is necessary, from the general fund to the Wyoming veterans commission who, with the support of and in cooperation with the department of health and the state building commission, is to develop a master plan for the residential and nonresidential care of disabled Wyoming veterans. The commission is to study current and projected populations of disabled veterans and develop a plan for addressing the long term health care needs of the disabled veteran community. The study is to determine whether or not an additional veterans' nursing home should be established and is to consider existing services in community nursing homes available to the veteran population. If the study results indicate the need for establishment of a veterans' nursing home, the commission is to develop a master plan for the proposed facility, which considers potential funding sources for a state veterans' home, alternatives to construction of a new facility and potential sites for a state veterans' home. The commission is to report its written findings and recommendations to the joint labor, health and social services interim committee and the joint appropriations interim committee on or before October 1, 2005.

Laws 2005, ch. 199, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 3, 2005.

§ 19-14-108. Veterans' cemetery; acquisition and maintenance; eligibility for burial.

1. Military department, with the approval of the veterans’ commission, may acquire a site in this state to be used to establish a cemetery for the interment of veterans of the United States armed forces and for qualified family members of eligible veterans. The approval of the local governing body of the county in which the proposed site is located shall be obtained prior to any acquisition of land for this purpose. The department, with the approval of the commission, is empowered to receive any lands granted to the state or any of its political subdivisions. All military cemeteries currently owned by the state of Wyoming shall be operated and controlled by the military department.
2. The military department shall supervise and control a veterans’ cemetery established under this section. All personnel, equipment and support necessary for maintenance and operation of the cemetery shall be included in the budget of the military department. All employees shall be under the state personnel system.
3. Any veteran who received any discharge, other than a dishonorable discharge, from the armed forces of the United States is eligible for burial in the state veterans’ cemetery and any indigent veteran shall be buried in the cemetery without charge except that any funds that are made available from the veteran’s administration and the social security burial allowance shall be paid to the cemetery director. Such funds collected shall be applied to the cemetery for capital improvements, operations or maintenance and shall not be paid to the general fund of the state.
4. Any eligible veteran, qualified family member, or the survivors of an eligible veteran or qualified family member, or a county under W.S. 19-14-101 , in the veteran’s behalf, may apply for a burial plot in the state veterans’ cemetery by submitting a request to the cemetery director on forms supplied by the military department and available from the cemetery director. The department, in consultation with the commission, shall allot available burial plots on a first come, first served basis. There shall be no charge made for any burial plot. There shall be no charge for the interment of any eligible veteran. The director of the Oregon Trail veteran’s cemetery shall apply to the veterans administration for payment of any allowable plot or interment allowance.
5. A spouse or a handicapped or minor child of a veteran who qualifies for burial as provided in subsection (c) of this section may also qualify for burial in the state veterans’ cemetery, if the interment of the qualified family member is in the same burial plot as that provided for the veteran and the interment is either above or below the veteran. The department, in consultation with the commission, shall establish a fee schedule which may be adjusted from time to time for burial of family members. The fees shall cover as nearly as practicable the actual costs of interments. The department, in consultation with the commission, may accept the social security burial allowance, if any, of the qualified family member in an amount not to exceed the actual cost of the interment.

History. Laws 1981, ch. 69, § 1; 1982, ch. 53, § 1; 1985, ch. 79, § 1; 1990, ch. 44, § 2; ch. 63, § 2; 1991, ch. 40, § 1; W.S. 1977, § 19-6-108 ; Laws 1998, ch. 99, § 3; 2003, ch. 55, § 1; 2019, ch. 48, § 1.

The 2019 amendment, in (c), substituted “that any funds that are made” for “such funds as may be,” following “except,” deleted “if any” following “burial allowance” and inserted “operations or maintenance” following “for capital improvements.”

Laws 2019, ch. 48, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8 of the Wyo. Const. Approved February 18, 2019.

Temporary provisions. —

Laws 2004, ch. 71, § 1, appropriates $19,450 from the general fund to the adjutant general for the development of a master plan for the Oregon Trail state veteran's cemetery, which is to be developed in accordance with federal requirements to allow for reimbursement of expenditures for the development, expansion and operation of the cemetery. The plan should recommend appropriate means to allow disabled persons to visit grave sites. To the extent reimbursement is available, the adjutant general is to apply to appropriate federal agencies for reimbursement of expenditures for the development of the master plan. Any reimbursement of expenditures made under this section will be deposited with the state treasurer to be placed in the general fund. Section 2 of the act requires the adjutant general to report to the joint transportation and highways interim committee not later than September 15, 2004, regarding the development of the master plan, which report should include a timeline for future expansion and development, anticipated costs for each phase of expansion and development and the available funding sources for expansion and development.

Laws 2004, ch. 71, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 5, 2004.

§ 19-14-109. Veteran burial teams.

1. The veteran burial team account is created. Subject to policies and procedures adopted by the veterans’ commission, Wyoming veteran burial teams who have contracted with the commission may apply for payment for the performance of military funeral duties not to exceed one hundred dollars ($100.00) per funeral. The commission shall also maintain a list of registered veteran burial teams and provide that list upon request.
2. Any claim made pursuant to this section shall be made to the veterans’ commission. The commission shall review and act upon all claims submitted under subsection (a) of this section no later than June 30 following the calendar year in which expenses were incurred for the claim submitted. If after deducting and paying the commission’s administrative expenses in processing claims there are insufficient funds within the veteran burial team account to pay all approved claims, the commission shall prorate reimbursement among all approved claims. Payments authorized through the commission pursuant to this section shall be paid by the state treasurer by warrant issued by the state auditor upon vouchers signed by the state veterans’ service officer or his designee.
3. As used in this section, “veteran burial team” means any group of veterans that the commission has contracted with, pursuant to policies and procedures, to perform military services within the state of Wyoming authorized by the commission during the burial of any decedent who has received any military discharge, other than a dishonorable discharge, from the armed forces of the United States.

History. Laws 2003, ch. 181, § 1; 2004, ch. 39, § 1; 2005, ch. 231, § 1; 2006, ch. 74, § 1; 2015, ch. 118, § 1.

The 2004 amendment, in (a) and (c), substituted “policies and procedures” for “rules and regulations”; also in (a) substituted “payment for” for “reimbursement of any actual and necessary expenses incurred in”; and in (b) inserted “calendar” preceding “year,” “after deducting and paying the commission's administrative expenses in processing claims” preceding “there are insufficient funds,” and “within the veteran burial team account” preceeding “to pay all approved claims.”

Laws 2004, ch. 39, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 3, 2004.

The 2005 amendment, effective July 1, 2005, deleted “within the earmarked revenue fund” from the first sentence in (a).

The 2006 amendment, Substituted “fifty dollars ($50.00)” for “twenty-five dollars ($25.00)” in (a).

Laws 2006, ch. 74, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved Approved March 23, 2006.

The 2015 amendment, in (a), substituted “one hundred dollars ($100.00)” for “fifty dollars ($50.00)” in the first sentence.

Laws 2015, ch. 118, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 3, 2015.

Editor's notes. —

Laws 2004, ch. 39, § 2, provides:

“(a) The policies and procedures adopted by the veterans' commission pursuant to this act shall not be subject to provisions of the Wyoming Administrative Procedure Act [W.S. 16-3-101 et seq.].

“(b) The provisions of this act shall apply to claims payable under W.S. 19-14-109 for services rendered on or after July 1, 2003.”

Conflicting legislation. —

Laws 2005, ch. 231, § 3, provides: “The provisions of this act shall supersede the provisions of any other bill enacted into law during the 2005 general session which amends or references accounts or funds to the extent any other enactment is inconsistent with the establishment of the funds and accounts created under this act. The state auditor shall account for any fund or account created in any other legislation enacted in the 2005 general session in accordance with generally accepted accounting principles (GAAP) as promulgated by the governmental accounting standards board (GASB) and in accordance with this act”.

§ 19-14-110. Description and declaration of Wyoming veterans' memorial museum.

The lands in Natrona county described as follows are hereby declared to be the Wyoming veterans’ memorial museum to be managed by the military department: a parcel of land situate in the NE1/4 of the SE1/4 and the SE1/4 of the NE1/4 of Section 20, Township 34 North, Range 80 West, 6th P.M., Natrona County, Wyoming, said parcel being more particularly described as follows: commencing at the southeast corner of said Section 20, monumented by a brass cap; thence N01°27´16"W, a distance of 2597.39 feet to the southeast corner of the parcel monumented by a nail and being the point of beginning; thence S43°17´47"W, a distance of 163.93 feet to the southwest corner of the parcel, monumented by a nail; thence N46°42´21"W, a distance of 359.92 feet to the northwest corner of the parcel, monumented by a nail; thence N43°17´47"E, a distance of 163.93 feet to the northeast corner of the parcel, monumented by a nail; thence S46°42´21"E, a distance of 359.92 feet to the point of beginning, containing 1.35 acres, more or less.

History. Laws 2008, ch. 63, § 1; 2011, ch. 27, § 2.

Editor's notes. —

Laws 2011, ch. 27, § 2, renumbered this section, which was former § 19-7-107 .

Laws 2011, ch. 27, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, of the Wyo. Const. Approved February 18, 2011.

Legislative intent. —

Effective date.—

Laws 2008, ch. 63, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, of the Wyo. Const. Approved March 7, 2008.

§ 19-14-111. Employment; permissive preference in private employment.

1. A private employer may grant preference to a veteran in hiring and promotion.
2. A private employer may grant preference in hiring and promotion to a spouse of a disabled veteran and to a surviving spouse of a deceased veteran.
3. The granting of a preference based on a person’s status under subsection (a) or (b) of this section shall not be considered a discriminatory or unfair employment practice under local or state equal employment opportunity law, provided the granting of the preference is not based in any manner on consideration of a characteristic, attribute or category enumerated in state law as constituting a discriminatory or unfair employment practice.
4. As used in this section:
   1. “Disabled veteran” means a veteran who has a compensable service connected permanent and total disability certified by the United States veterans administration or by the retirement board of one (1) of the several branches of the armed forces;
   2. “Veteran” means a member of the military forces of the United States whose written evidence of separation from the military forces shows an honorable discharge or the rendition of honorable military service.

History. Laws 2016, ch. 107, § 1.

Effective date. —

Laws 2016 ch. 107, § 2, makes the act effective July 1, 2016. Approved March 11, 2016.

§ 19-14-112. Description and declaration of Wyoming national guard museum.

The lands in Laramie county, Wyoming, described as follows are hereby declared to be the Wyoming national guard museum to be managed by the military department: All of Block 8, Replat of Airport Addition to the City of Cheyenne, Wyoming, as shown by the Replat of said Airport Addition on file and of record in the office of the County Clerk and Ex-Officio Register of Deeds, in and for said Laramie County, said replat being filed on October 1, 1935, as No. 287212; LESS the Southerly ten (10) feet of said Block 8, Replat of Airport Addition quitclaimed to the City of Cheyenne by the Wyoming Army National Guard, as filed June 15, 1995, in Book 1400, Page 461, in the records of said Clerk of Laramie County, Wyoming.

History. Laws 2019, ch. 8, § 1.

Effective date. —

Laws 2019, ch. 8, § 2, makes the act effective July 1, 2019.

§ 19-15-101. Civil air patrol; authorization of expenditure of state funds.

1. The department may expend state funds for the purchase of:
   1. Civil air patrol aviation education training aids;
   2. Books and equipment;
   3. Maintenance and hangar rents of “on-loan” United States air force aircraft; and
   4. Maintenance supplies and equipment for a communications network for the civil air patrol.
2. The department may expend state funds for administrative costs of the civil air patrol.

History. Laws 2004, ch. 66, § 1; 2005, ch. 32, § 1.

The 2005 amendment, effective July 1, 2005, added (b).

§ 19-15-102. Approval of purchase order.

No expenditure of state funds shall be made unless a purchase order is approved by the department. Funds are under the control of the department.

History. Laws 2004, ch. 66, § 1.

§ 19-15-103. [Repealed.]

Repealed by Laws 2005, ch. 32, § 2.

Editor's notes. —

This section, which derived from Laws 2004, ch. 66, § 1, limited expenditures under the chapter. See now § 19-15-101(b).

Laws 2005, ch. 32, § 3, makes the act effective July 1, 2005.

§ 19-16-101. Emergency authority to supervise air search and rescue.

If requested by a county sheriff or his designee, the military department may, under the supervision of the requesting sheriff or his designee, coordinate the air search and rescue of persons and aircraft made necessary by any emergency or disaster.

History. Laws 2004, ch. 107, § 1.