Chapter 7 - Administration
CHAPTER 7 - ADMINISTRATION
ARTICLE 1 - GENERAL PROVISIONS
19-7-101. Definitions.
(a) As used in this act:
(i) "Militia" means all the active and potentialmilitary forces of the state, whether organized or unorganized;
(ii) Whenever reference is made in the articles of the UniformCode of Military Justice to "military service" or to the "armedforces" of the United States, the reference is deemed to include all"military service," including "active state service" andthe "organized militia" of this state;
(iii) "Wyoming national guard" means the army nationalguard and the air national guard;
(iv) "Military department" means the adjutant general,the divisions of the army national guard, the air national guard and statemilitary affairs;
(v) "Active state service" means service on behalf ofthe state wherever called upon in aid of civil authorities, under martial law,at encampments ordered by state authority or upon any other duty requiring theentire time of the organization or person, including state active duty and dutyunder title 32, United States Code, except when called or ordered into thefederal service of the United States under title 10, United States Code;
(vi) Repealed by Laws 2003, Ch. 19, 2.
(vii) "Officer" means commissioned officers and warrantofficers;
(viii) "State active duty" means service on behalf ofthe state under the command of the governor excluding service while in statusunder title 32, United States Code, or while in federal service under title 10of the United States Code;
(ix) "Enlisted member" means a member at military paygrades E-1 through E-9, as defined by federal rule and regulation;
(x) "Membership" means an officer's or enlistedmember's status when officially serving in the Wyoming national guard as amilitary member commencing with the date of initial appointment or enlistment,as applicable, extending through the date of discharge, and is not restrictedor limited by service in any specified duty position;
(xi) "Discharge" or "separate" means toseparate a member from the organization;
(xii) "This act" means title 19.
19-7-102. Creation and composition of military department.
(a) The military department of the state of Wyoming shallconsist of the adjutant general and the following three (3) divisions:
(i) Army national guard;
(ii) Air national guard; and
(iii) State military affairs.
(iv) Repealed by Laws 2003, Ch. 88, 2.
19-7-103. Adjutant general; appointment; rank; removal; duties andqualifications.
(a) The governor shall appoint a qualified adjutant general tobe chief of staff. He shall have the rank the governor designates and may beremoved by the governor as provided in W.S. 9-1-202. A prospective appointeeshall possess the following qualifications:
(i) Have served as a field, staff or line officer in the UnitedStates army or air force, or national guard, or both, for at least ten (10)years;
(ii) Have been a member of the Wyoming national guard for atleast four (4) years immediately preceding his appointment;
(iii) Have attained at least the rank of lieutenant colonel andbe federally recognized in that rank at the time of his appointment; and
(iv) Be a resident of the state of Wyoming.
(b) The adjutant general of Wyoming shall have powers andduties and be paid a salary as follows:
(i) He is in control of the military department of Wyoming andsubordinate only to the governor in matters pertaining thereto. He acts as thegovernor's designee with respect to personnel matters, including enlistments,promotions, demotions and discharges;
(ii) He shall issue and transmit all orders of the commander inchief and make returns and reports as the secretary of defense may direct;
(iii) He shall keep a record of all officers commissioned by thegovernor and all orders, rules and regulations prescribed by the secretary ofdefense and the several agencies of the department of defense for the nationalguard;
(iv) He shall audit all claims and accounts against the militarydepartment not otherwise provided by law and shall have charge and carefullypreserve the colors, flags and military trophies of war belonging to the statewhich shall not be loaned or removed from their prescribed place of depositexcept by order of the adjutant general;
(v) He shall furnish all organizations with the proper blanks,books and forms required and such military instruction books as may beprescribed;
(vi) He shall report to the governor on such matters as may berequired by the governor as provided by W.S. 9-2-1014 and at such other timesas the governor may require;
(vii) He shall make out reports and returns to the severalagencies of the department of defense as may be required by law or regulations;
(viii) He may use the coat of arms of the state of Wyoming as hisseal of office with the words: "State of Wyoming, Adjutant General'sOffice";
(ix) The annual compensation of the adjutant general shall bethe base pay of a colonel, pay grade 0-6, the same as the armed forces of theUnited States, with longevity for appropriate years of military service, to bepaid monthly out of the state treasury as the salaries of other state officersare paid;
(x) He may purchase for cash or upon contract or otherwiseacquire lands within Wyoming for use by the national guard or for the use ofother elements of the armed forces as an artillery and target range andtraining and maneuvering area. He may acquire lands for such purposes byeminent domain when the state board of land commissioners gives its writtenapproval or consent;
(xi) He may accept gifts of land for the purposes provided byparagraph (x) of this subsection and may lease, or accept payment in kind asconsideration for any lease, any of the acquired parcels of land or buildingsduring periods when the lands are not in use for military purposes. He mayacquire and install on the land such permanent improvements, including fences,as may be necessary for the full utilization of the land for the militarypurposes herein declared;
(xii) He may dispose of lands, buildings or fixtures under thecontrol of the department by sale, exchange or other transfer. He may executedeeds 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, exchangeor 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 ofW.S. title 36, chapter 9 shall not apply when both the title to the land and toall buildings thereon is solely in the name of the department or any divisionof the department and the provisions of W.S. 9-2-1016(b)(viii) also shall notapply when both the title to the land and to all buildings thereon is solely inthe name of the department or any division of the department;
(xiii) If the armed forces of the United States order thedestruction of the military service records of persons who have served in thearmed forces, he is custodian of the military service records of all personsfrom Wyoming who have served or may serve in the future in the armed forces ofthe United States during time of war or national emergency, and of all personswho have served or may serve in the future in the Wyoming national guard, asmay be delivered to him for safekeeping;
(xiv) He may secure and accept the assistance and cooperation ofall other governmental agencies and individual citizens in securing a completeand accurate military service record of Wyoming service personnel. He shallcarefully keep and preserve such records in accordance with the laws andpractices applied to the preservation and safekeeping of official records. Allsuch records are confidential in accordance with the usual procedures andcustoms prevailing in the military service;
(xv) He is the channel of military correspondence with thegovernor and shall have custody of all military records, correspondence andother military documents;
(xvi) He shall control all armories that are owned, erected,purchased, leased or provided by the state. He may acquire, in the name of thestate of Wyoming, by purchase, donation or dedication any property which may beused for military purposes. For the control and management of armoriesdescribed in this paragraph, he may establish armory boards whose personnelshall serve without pay. Subject to his direction, armory boards shall control,manage and supervise all activities in armories and may rent armories topersons or organizations not connected with the organized militia;
(xvii) He shall furnish to commanders of national guard units,blank forms, rolls, bonds and other returns required to be made by them. Heshall explain the principles upon which returns shall be made, and may makesuch general regulation concerning the same as will best promote uniformity intheir rendition;
(xviii) He shall keep the papers, volumes and records of thedepartment in an office provided by the state;
(xix) He shall perform such other military duties as ordered bythe governor;
(xx) He shall administer the Wyoming national guard educationalassistance plan in accordance with W.S. 19-9-501 through 19-9-504;
(xxi) He may use federal procurement procedures when lettingcontracts concerning properties under the control of the adjutant general, subjectto authorization as provided in W.S. 9-2-1016(b)(iv)(H).
19-7-104. Assistant adjutants general; deputy military administratorand fiscal officer.
(a) The adjutant general shall appoint an assistant adjutantgeneral for the army national guard and an assistant adjutant general for theair national guard. Each assistant adjutant general shall serve in theirrespective duty positions at the pleasure of the adjutant general and may beremoved from the position by the adjutant general as provided under W.S.9-1-202(b)(i). Each assistant adjutant general shall hold the rank ofbrigadier 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 anassistant adjutant general after failing to qualify before a federalrecognition board for promotion to the grade of brigadier general.
(b) The adjutant general shall appoint a deputy militaryadministrator for state military affairs, who shall serve in this position atthe pleasure of the adjutant general and may be removed from this at-willposition by the adjutant general under W.S. 9-1-202(b)(i). Under the directionof the adjutant general, the deputy military administrator shall prepare suchreports, returns and requisitions as may be required and is accountable andresponsible for all state military property and stores not in the possession oforganizations. He shall receive and issue to all organizations on approvedrequisitions such property and equipment as may be required and authorized byappropriate state officials for the organizations. The annual compensation ofthe deputy military administrator shall be determined and fixed by the Wyomingpersonnel division. The duties of the deputy military administrator may bedelegated to any officers of the Wyoming military department uponrecommendation of the deputy military administrator and approval by theadjutant general.
(c) Repealed By Laws 2003, Ch. 88, 2.
19-7-105. Succession of office.
(a) In the event of disability, death, absence or othercondition which prevents execution of the duties of the adjutant general, andprior to an appointment of the governor to the contrary, the duties of theadjutant general shall be executed by the following officers:
(i) The senior assistant adjutant general for either army orair guard affairs, by date of rank;
(ii) The junior assistant adjutant general for either army orair guard affairs, by date of rank;
(iii) The deputy military administrator;
(iv) Repealed By Laws 2003, Ch. 88, 2.
19-7-106. Office of state judge advocate.
(a) The adjutant general shall appoint a state judge advocatefor the military department. The state judge advocate shall be an activemember of the air or army national guard and shall serve as the legal counselfor the department. The state judge advocate may appoint such staff judgeadvocate officers as may be required and authorized by regulation.
(b) The state judge advocate shall be a member in good standingin the Wyoming state bar. All other staff judge advocate officers shall bemembers in good standing in a state bar. Each staff judge advocate officershall be qualified as a judge advocate pursuant to the regulations of the staffjudge advocate officer's respective United States army or air force component.
(c) The state judge advocate and staff judge advocate officerswho have been admitted to the Wyoming state bar and are in good standing withthe bar may be appointed by the Wyoming attorney general as special assistantattorneys general for the purpose of representing the Wyoming militarydepartment before the courts of the state and nation. Appointment shall notconstitute a conflict of interest in the officer's nonmilitary practice of lawas to any litigation in which another agency of the state is a party ininterest. Judge advocate officers appointed special assistant attorneysgeneral shall also be authorized to bring and prosecute, in the name of thestate, criminal complaints against members of the Wyoming national guard relatingto violations of the State Code of Military Justice, in any of the courts ofthis state.
19-7-107. Description and declaration of Wyoming veterans' memorialmuseum.
The lands in Natrona county described as follows are herebydeclared to be the Wyoming veterans' memorial museum to be managed by themilitary department: a parcel of land situate in the NE of the SE and theSE of the NE of Section 20, Township 34 North, Range 80 West, 6th P.M.,Natrona County, Wyoming, said parcel being more particularly described asfollows: commencing at the southeast corner of said Section 20, monumented bya brass cap; thence N01 27'16"W, a distanceof 2597.39 feet to the southeast corner of the parcel monumented by a nail andbeing the point of beginning; thence S43 17'47"W,a distance of 163.93 feet to the southwest corner of the parcel, monumented bya nail; thence N46 42'21"W, a distance of359.92 feet to the northwest corner of the parcel, monumented by a nail; thenceN43 17'47"E, a distance of 163.93 feet to the northeastcorner of the parcel, monumented by a nail; thence S46 42'21"E, a distance of 359.92 feet to the point ofbeginning, containing 1.35 acres, more or less.
ARTICLE 2 - FISCAL PROVISIONS
19-7-201. Disposition of property sale proceeds.
Allfunds received from sale of state-owned properties under the control of theadjutant general and not otherwise disposed of pursuant to W.S.19-7-103(b)(xii) shall be deposited in the general fund.
19-7-202. Insurance for employees of military department; generally.
(a) The adjutant general of Wyoming may provide prepaid plan orgroup insurance for life, health, accident or hospitalization for the employeesof the military department of Wyoming and enter into agreements with prepaidhospital and medical care plans or insurance companies to provide the coverage.
(b) A prepaid plan or insurance shall be procured only fromprepaid plans or insurance companies authorized to do business in this state.
(c) Upon a request in writing from any employee of the militarydepartment, the adjutant general may deduct from the wages of the employee theamount of the premium which the employee has agreed to pay for the insuranceand pay or remit the same directly to the prepaid plan or insurance companyissuing the group plan or insurance.
19-7-203. Printing and distribution.
Thegovernor shall from time to time cause such numbers of this act as may bedeemed necessary to be printed and distributed to members of the militarydepartment.
19-7-204. Airports and highways for defense; cooperation with UnitedStates for construction.
(a) The state department of transportation may cooperate andcontract with the government of the United States and other state agencies inthe making of surveys, plans, specifications and estimates for, and in theconstruction, reconstruction and maintenance of, flight strips, airports, roadsand bridges necessary to provide access to military and naval reservations,defense industries, defense-industry sites and sources of raw materials, shutoff from general public use at military and naval reservations anddefense-industry sites.
(b) In cooperating with the government of the United States andother state agencies the state department of transportation may use monies fromthe state highway fund for payment of the state's share of preliminary andconstruction engineering costs of flight strips, airports and roads.
ARTICLE 3 - UNITED STATES MILITARY RESERVATIONS
19-7-301. Jurisdiction of United States over certain militaryreservations.
(a) Exclusive jurisdiction is ceded to the United States overall the territory owned by the United States within the limits of the UnitedStates military reservations known as Fort Francis E. Warren, Fort Washakie,Camp Sheridan, Camp Pilot Butte, and the United States powder depot atCheyenne, together with such other lands in the state as are now or hereafteracquired or held by the United States for military purposes, either asadditions to the posts above named or as new military posts or reservations,established for the common defense.
(b) There is hereby ceded to the United States of America thefollowing described lands belonging to the state of Wyoming, to-wit: The westhalf (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) ofsection 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 stateof Wyoming, the same to be used for public military purposes by the UnitedStates of America.
(c) There is hereby ceded to the United States of America thefollowing described lands belonging to the state of Wyoming, to-wit: The easthalf (E1/2) of section sixteen (16) in township fifty-six (56) north of rangeeighty-four (84) west of the sixth principal meridian in the county of Sheridanand state of Wyoming, the same to be used for public military purposes by theUnited States of America.
(d) There is hereby ceded to the United States of America thefollowing described lands belonging to the state of Wyoming, and situated inSheridan 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) andfifteen (15) in township fifty-three (53) north of range eighty-three (83) westof sixth p.m.; thence east three hundred and thirty (330) feet; thence southone hundred (100) feet; thence west three hundred and thirty (330) feet; thencenorth one hundred (100) feet to the place of beginning; containingthree-fourths (3/4) of one (1) acre, more or less; the same to be used as asite for the erection of a monument to the memory of the soldiers who fought inthe Fort Phil Kearney massacre.
(e) There is hereby ceded to the United States of America thefollowing described lands belonging to the state of Wyoming, to-wit: Thenortheast quarter (NE1/4) and northwest quarter southeast quarter (NW1/4SE1/4)of section eighteen (18) in township of fifty-six (56) north, of rangeeighty-four (84) west of the sixth principal meridian, in the county ofSheridan and state of Wyoming, the same to be used for public military purposesby the United States of America.
(f) Exclusive jurisdiction is ceded to the United States ofAmerica over and within the territory described by this section, saving,however, to this state:
(i) The right to serve civil and criminal process within theterritory in suits or prosecutions for, or on account of rights acquired, obligationsincurred, or crimes committed in this state, but outside of the cession;
(ii) The right to tax persons and corporations, their franchisesand property in the territory herein ceded pursuant to subsections (a), (b),(c) and (e) of this section;
(iii) All rights appertaining to any irrigation ditch or ditchescrossing the lands ceded pursuant to subsections (c) and (e) of this section.
ARTICLE 4 - MILITARY ASSISTANCE TRUST FUND
19-7-401. Wyoming military assistance trust fund; establishment oftrust fund; corpus inviolate; investment by state treasurer.
(a) A fund is established which shall be referred to as theWyoming military assistance trust fund. The trust fund shall consist of thosefunds designated to the fund by law.
(b) The monies deposited into the trust fund establishedpursuant to this section are inviolate and constitute a permanent or perpetualtrust fund. The monies shall be transmitted to the state treasurer for creditto the trust fund and shall be invested by the state treasurer as authorizedunder W.S. 9-4-715(a), (d) and (e) in a manner to obtain the highest returnpossible consistent with the preservation of the corpus. The interest earnedfrom investment of the corpus of the trust fund shall be annually credited by thestate treasurer not later than June 30 of each year into a separate account anddistributed in accordance with W.S. 19-7-402.
19-7-402. Wyoming military assistance trust fund; uses of trust fund;administration; rulemaking.
(a) The investment income from the military assistance trustfund created by W.S. 19-7-401 shall be administered by the adjutant generalonly to alleviate financial hardships faced by:
(i) Any member of the Wyoming national guard or a reserve unitthat is based in Wyoming who has been called to active duty or active stateservice;
(ii) Any Wyoming resident who is a member of a military reserveunit that is not based in Wyoming, if the member is called to active duty;
(iii) Any other Wyoming resident performing service in the uniformedservices as defined in W.S. 19-11-103(a)(ix) for any branch of the military ofthe United States; and
(iv) Members of the immediate family of those personnelidentified in paragraphs (i) through (iii) of this subsection. For purposes ofthis paragraph, "immediate family" means spouse and each child asdefined by W.S. 2-1-301(a)(v) and, if they are dependents of the member of themilitary, the parents, grandparents, siblings, stepchildren and adult childrenof the member of the military.
(b) The interest income earned from the military assistancetrust fund shall only be used as a last resort to assist eligible militarypersonnel and families deal with financial hardship resulting from the militarymember's active duty status and shall not be used to supplant any other privateor public funds to the extent such funds are available.
(c) The adjutant general shall promulgate rules and regulationsto establish eligibility requirements for assistance under this section. Indeveloping rules and regulations, the adjutant general shall consult withmilitary support groups, including but not limited to the family assistancefund and family assistance centers.
19-7-403. Wyoming military assistance trust fund; annual report;confidentiality; assistance from the state treasurer.
(a) Beginning September 1, 2005, the adjutant general shallprovide a report to the governor and the joint appropriations interim committeespecifying:
(i) The total amount of interest income earned from themilitary assistance trust fund during the preceding state fiscal year;
(ii) The total amount of assistance provided from the interestincome earned from the military assistance trust fund;
(iii) The amount of assistance provided from the interest incomeearned from the military assistance trust fund by branch of service, regular orreserve duty classification, amounts of individual assistance provided, thereasons that qualified a member of the military or his family for assistanceand the balance remaining within the interest income account for futuredisbursements; and
(iv) The name, address, rank and rating, branch of service,deployment location and amounts of financial assistance provided to eacheligible military member and to his family.
(b) The information provided pursuant to paragraphs (a)(i)through (iii) of this section shall be public records and available forinspection as provided by W.S. 16-4-201 et seq. The information providedpursuant to paragraph (a)(iv) of this section shall be confidential and shallbe available for inspection only by the governor and the legislature. Names,addresses and deployment locations shall not be in any report available forpublic access. The governor and legislators with legal access to the reportshall be required to hold names, addresses and deployment locationsconfidential.
(c) The adjutant general may request assistance from the statetreasurer to prepare the annual report required by this section.