Chapter 10 - Wyoming State Guard
CHAPTER 10 - WYOMING STATE GUARD
ARTICLE 1 - WYOMING STATE GUARD AND COUNCIL OF DEFENSE
19-10-101. Organization by governor; appointment of council; removal;control.
(a) If the national guard of Wyoming is ordered into theservice of the United States, the governor may organize and maintain withinthis state during that period, under such regulations as the secretary ofdefense may prescribe, such military forces as may be authorized by thesecretary of defense or as the governor deems necessary for the defense of thestate. The forces shall be known as the Wyoming state guard. Insofar aspracticable, the existing laws, rules and regulations governing the nationalguard shall be applied to the control of the Wyoming state guard. The forceshall be of such strength as directed by the secretary of defense, with suchexpansion in the future as may be authorized. The Wyoming state guard shall bearmed, trained and equipped in such manner as may be prescribed by thesecretary of defense or the governor of Wyoming.
(b) For the purpose of coordinating desirable national defenseactivities, the governor shall appoint a Wyoming state council of defense. Thecouncil, subject to the approval of the governor, may organize necessarysubordinate branches and establish rules and regulations for the operation ofthe council and subordinate branches, and assist in all matters pertaining tothe Wyoming state guard and other state or national defense activities nototherwise covered by law. Appointment to the council of defense is not limitedby any requirements as to prior military or naval service. The governor mayremove any member as provided in W.S. 9-1-202.
(c) The adjutant general of Wyoming shall be in control of theWyoming state guard, subordinate only to the governor in matters pertainingthereto. He is further charged with the responsibility of coordinating allother defense activities as are provided by W.S. 19-8-103 and 19-10-101 through19-10-108.
19-10-102. Pay and allowances.
Membersof the Wyoming state guard, when serving under orders of the governor ofWyoming, shall receive out of the general fund of Wyoming not otherwiseappropriated the same pay and allowances authorized for personnel of equal rankin the national guard.
19-10-103. Requisition of arms and supplies.
Thegovernor may requisition or purchase from the department of defense or othersources such arms, equipment and supplies as are necessary to equip the Wyomingstate guard and may make available to such forces the facilities and equipmentof state armories and other state premises and property as are available andnecessary.
19-10-104. Guard not required to serve outside state; exceptions.
(a) The Wyoming state guard is not required to serve outsidethe boundaries of this state except:
(i) Upon request of the governor of another state, the governorof this state may order any portion of the force to assist the military orpolice forces of the other state which are actually engaged in the defense ofthe other state. The forces may be recalled at the discretion of the governorof Wyoming;
(ii) As provided by W.S. 19-8-103(b); or
(iii) As ordered by the governor of this state in accordance withthe provisions of the Emergency Management Assistance Compact.
(b) No provision relative to the Wyoming state guard shall beconstrued 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 UnitedStates by reason of enlistment or commission in the Wyoming state guard.
19-10-105. Oath; term of enlistment; eligibility; appointment ofofficers; removal; employees of state or political subdivisions.
(a) The oath to be taken by members of the Wyoming state guard,shall be substantially the same as that prescribed for members of the Wyomingnational guard, substituting the words "Wyoming state guard" wherenecessary.
(b) No person may be enlisted or reenlisted in such service formore than two (2) years.
(c) All qualified residents of Wyoming, and any nonresident whois accepted into the service, between seventeen (17) and seventy (70) years ofage and of good moral character are eligible for membership in the Wyomingstate guard.
(d) The officers of the Wyoming state guard shall be appointedand commissioned by the governor under such regulations as he may prescribe andmay be removed by the governor as provided in W.S. 9-1-202.
(e) No member of the Wyoming state guard who is an officer oremployee of the state of Wyoming, or a county, city, town, school district orother political subdivision thereof shall suffer any loss of pay, vacationprivilege, seniority or efficiency rating because of serving in the state guardunder orders of the governor.
19-10-106. Application of Military Service Relief Act.
The Military Service Relief Act, W.S.19-11-101 through 19-11-124, shall apply to members of the Wyoming state guard.
19-10-107. Worker's compensation.
Inthe event of disability or death resulting from an injury while in state activeduty under orders of the governor, members of the Wyoming state guard areentitled to the same benefits provided for employees under the provisions ofthe Wyoming Worker's Compensation Act. Benefits shall be paid out of thegeneral fund of Wyoming upon certification by the state council of defense.
19-10-108. Courts-martial jurisdiction; exemption from liability forcivil or criminal acts; exception.
(a) Whenever the Wyoming state guard, or any part thereof, isserving under orders of the governor, the provisions of this act relating tomilitary courts and justice shall apply and are in full force and effect withrespect to the Wyoming state guard.
(b) The members of the Wyoming state guard shall be affordedthe same immunities from civil liability afforded the Wyoming national guardpursuant to W.S. 19-9-401(c).
19-10-109. Disposal of state-owned uniforms and equipment; presentationof uniforms to former members.
Theadjutant general of Wyoming may present to former members of the Wyoming stateguard as partial compensation for their services, to be retained by the formermembers as their own personal property without cost or charge, such state-owneditems of uniform as designated by the adjutant general.
19-10-110. Disposal of state-owned uniforms and equipment; public orprivate sale.
Theadjutant general of Wyoming may sell at public or private sale all state-ownedequipment, supplies and items of uniform, or any uniforms not claimed bymembers of the Wyoming state guard within six (6) months or until all stateguard members entitled to the uniforms have received the uniforms, as wereacquired 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 forthe use and convenience of the military department of Wyoming.
19-10-111. Disposal of state-owned uniforms and equipment; dispositionof proceeds of sale.
Allproceeds from the sale or sales of state guard equipment, supplies and items ofuniform or money from any source shall be deposited with the state treasurer tobe credited to the general fund.
19-10-112. Honorary promotion upon retirement.
(a) Members of the Wyoming state guard may be promoted by thegovernor or the adjutant general to the next higher grade on the occasion oftheir retirement from service under the following conditions:
(i) The member has honorably served either a total of at leasttwenty (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 guardshall be credited toward these requirements; and
(ii) The honorary promotion is requested by the member or themember's commander.
(b) A promotion under this section is only honorary and has noimpact on the retirement pay or other monetary benefits of those promoted underthis section.