Chapter 9 - Wyoming National Guard
CHAPTER 9 - WYOMING NATIONAL GUARD
ARTICLE 1 - GENERAL PROVISIONS
19-9-101. Creation and composition of military department; lawsgoverning national guard.
(a) The Wyoming national guard is governed by the laws of thestate, orders of the governor, orders and regulations prescribed or promulgatedby the adjutant general and by the applicable laws, regulations and customscovering the United States army and air force.
(b) The governor is commander in chief of all the militaryforces of the state except when the forces are called into the service of theUnited States.
19-9-102. Organization of national guard; duty of governor.
(a) The Wyoming national guard consists of the followingofficers and staff in addition to or in combination with such elements of thearmy and air forces of the national guard of the United States as are allocatedto the state by the president, the secretary of defense or the secretary ofarmy or air, and accepted by the state:
(i) An adjutant general;
(ii) Two (2) assistant adjutants general appointed pursuant toW.S. 19-7-104(a);
(iii) One (1) staff officer, subordinate to the adjutant general,designated as the staff judge advocate whose powers and duties shall beprovided by the laws of this state and as prescribed by the laws andregulations of the United States pertaining to similar staff positions inUnited States army and air commands;
(iv) Such other officers and enlisted members as may bedesignated by the governor in an honorary status or in a state status withoutregard to their allocation or qualification by the department of defense of theUnited States.
(b) The national guard shall be organized into separatedivisions for army and air with an officer not over the grade of brigadiergeneral at the head of each division who is subordinate to the adjutantgeneral. Each division head shall be an assistant adjutant general who shallserve as the acting adjutant general, in order of rank, upon absence,incapacity or death of the adjutant general. The governor, by and with theadvice of the adjutant general, shall make and publish such orders as necessaryto conform the national guard of Wyoming in organization, armament anddiscipline to that prescribed for the regular army or air force of the UnitedStates, subject to general exceptions authorized by this act and by the laws ofthe United States. For this purpose, the governor may increase or decrease thenumber of officers, noncommissioned officers and personnel of any grade to theextent made necessary by changes authorized by department of defense orders ornational guard regulations.
19-9-103. Manner of calling for duty.
(a) Officers and enlisted personnel may be called for duty byany of the following means:
(i) By stating the substance of the order or by reading it tohim in person or over the phone;
(ii) By radio or television communication;
(iii) By leaving a copy of the order with a person over the ageof fourteen (14) years at his last known place of residence or business; or
(iv) By sending a copy of the order or the substance of theorder by electronic means to him at his last known place of residence orbusiness or by United States mail to his last known address.
ARTICLE 2 - DUTIES AND POWERS
19-9-201. Organization drill or training assemblies; pay andallowances generally.
Thereshall be organization drill or training assemblies when ordered by the adjutantgeneral. While on duty under the authority of the United States department ofdefense, and in going to and returning therefrom, or for attendance at armorydrill, members of the Wyoming national guard shall receive pay and allowancesas allowed by the department of defense.
19-9-202. Annual field training generally.
Thecommander in chief shall order an encampment of the national guard for annualfield training as provided in department of defense orders or national guardregulations. At least one (1) month notice of the encampment shall be giveneach organization commander by his commanding officer.
19-9-203. Establishing bounds for annual field training and othermissions; entry without leave; disorderly conduct; interrupting, molesting,insulting or obstructing officer or soldier; penalties.
(a) During an encampment for annual field training or when one(1) or more units of the national guard are engaged in a mission under lawfulorders in an active state status, the commanding officer may fix certain boundsnot including any public road within which no spectator may enter withoutleave. Whoever intrudes within such limits when forbidden to do so, or afterentering with permission conducts himself in a disorderly manner, or resists asentry or guard acting under orders to prevent the entry or to preventdisorderly conduct, may be arrested by the commanding officer or by his orderand taken before a circuit court of the county. Upon conviction a personviolating this subsection shall be fined not more than seven hundred fiftydollars ($750.00), confined in the county jail for up to six (6) months, orboth.
(b) Any person who interrupts, molests, insults by abusivewords or behavior, or obstructs any member of the national guard while on dutyon active state service or for drills, parades or other military duty, isguilty of a misdemeanor and in addition to prosecution for the offense may beimmediately put under guard by the officer in command until the duty isconcluded. Any civilian so placed under guard will be placed into the custodyof the local county sheriff without delay. Upon conviction the person so offendingshall be fined not more than seven hundred fifty dollars ($750.00), confined inthe county jail for up to six (6) months, or both.
19-9-204. Command of military force called into service.
(a) The command of any military force called into service shalldevolve upon the senior officer of such force unless otherwise specificallyordered by the commander in chief.
(b) The national guard of the state may be ordered into theservice of the United States by the president of the United States for any purposefor which he is authorized to use militia of the states by the constitution ofthe United States.
19-9-205. Status of national guard members upon discharge from federalservice.
Membersof the national guard of Wyoming ordered or called into federal service by thefederal government, upon being discharged therefrom shall automatically resumetheir status in the national guard of Wyoming and continue to serve thereinuntil the dates upon which their enlistments entered into prior to entry into federalservice would have expired if uninterrupted.
19-9-206. Suppression of riots, invasions, insurrection.
Thegovernor may order any commanding officer of any portion of the national guardwithin the limits of his jurisdiction to order his command to appear at a timeand place designated to aid the civil authority to suppress violence and tosupport the law. The order of the governor shall designate the specific civilauthority to whom the national guard units ordered to duty shall report, or inlieu of such designation, shall provide that the national guard units orderedto duty shall operate under the jurisdiction and control of the governor andadjutant general only. Orders from civil officers to any military commandershall specify only the work to be done or result to be attained, and shall notinclude the method to be employed. The military commander shall exercise hisdiscretion and be the sole judge as to what means are necessary.
19-9-207. Suppressing tumult; preserving order, insuring publicsafety; expenses; creation of additional units; draft.
(a) The governor may order any designated person or commandingofficer of any military unit to appear with or without his command at a timeand place specified to:
(i) Aid in suppressing any tumult, riot, mob or invasion;
(ii) Assist in preserving order and insure the public safety intime of emergency when other civil agencies are unable to perform the function;
(iii) Insure public safety and assist in the protection ofproperty or persons in times of fire, flood or other domestic catastrophe;
(iv) Perform such other duties as the commander in chief mayrequire and which the militia or national guard may lawfully perform.
(b) Any expense incurred under this or any other provision oflaw shall be borne by the state from the general funds until other provisionsare made. Upon the declaration of war, the breaking out of insurrection, or theimminence of either, the governor may activate the Wyoming state guard bycreating such additional units as he deems necessary. He may proceed in suchmanner as regulations prescribe for the drafting into the organized militia ofall such portions of the militia of the state as he deems necessary in any suchemergency.
19-9-208. Right-of-way for troops.
Troopsor forces of the United States or the national guard of Wyoming parading orperforming any duty according to law, have the right-of-way in any street orhighway through which they may pass but carriage of the United States mails,legitimate functions of the police and operations of fire departments shall notbe unnecessarily interfered with.
19-9-209. Service in state; active duty status outside of state; coststo state.
(a) The governor, upon the written request of the governor ofany other state, may order any member or unit of the national guard into stateactive duty for the benefit of another state, for periods of time not to exceedninety (90) days.
(b) Members ordered into state active duty pursuant tosubsection (a) of this section shall:
(i) Receive the same pay and allowances as though their serviceis within this state; and
(ii) Repealed by Laws 2006, Chapter 59, 2.
(iii) Remain subject to recall by the governor of this state.
(c) All privileges and immunities from liability, exemptionsfrom law, ordinances and rules and all pension, disability relief and workerscompensation benefits that apply when performing functions within theterritorial limits of the state apply to the same extent while engaged in theperformance of any functions and duties extraterritorially.
(d) Except for assistance provided in accordance with theEmergency Management Assistance Compact, the service of members to therequesting state shall be at no cost to the state of Wyoming and all expensesincurred by the state of Wyoming shall be the responsibility of the requestingstate. For assistance provided in accordance with the Emergency ManagementAssistance Compact, the allocation of expenses incurred by the state shall bedetermined by the governor of this state and the legal representatives of otherparty states as provided in W.S. 19-13-410 of that compact.
19-9-210. State active duty without pay.
(a) Members of the Wyoming national guard may voluntarilyrequest to be placed upon orders for state active duty, without pay, whenassistance has been requested from an agency or political subdivision of thisstate or the federal government and such assistance has been approved by theadjutant general. Members shall receive from the requesting agency pay andallowances equal to the greater of their military pay or that of civiliansemployed by the requesting agency in the same or similar positions andreimbursement of uncompensated medical expenses as provided in W.S.19-9-403(a).
(b) When serving on state active duty, without pay, membersshall be deemed state employees for the purpose of being covered under theWyoming Worker's Compensation Act and their state active duty shall beconsidered an extrahazardous occupation under W.S. 27-14-108.
19-9-211. The National Guard Mutual Assistance Counter-Drug ActivitiesCompact.
The National Guard Mutual AssistanceCounter-Drug Activities Compact as contained herein is hereby enacted into lawand entered into on behalf of this state with any and all other states legallyjoining therein in a form substantially as follows:
TheNational Guard Mutual Assistance
Counter-DrugActivities Compact
ARTICLEI
Purpose
(a) The purposes ofthis compact are to:
(i) Provide for mutualassistance and support among the party states in the utilization of thenational guard in drug interdiction, counter-drug and demand reductionactivities;
(ii) Permit thenational guard of this state to enter into mutual assistance and supportagreements, on the basis of need, with one (1) or more law enforcement agenciesoperating within this state, for activities within this state, or with anational guard of one (1) or more other states, whether said activities arewithin or without this state in order to facilitate and coordinate efficient,cooperative enforcement efforts directed toward drug interdiction, counter-drugactivities and demand reduction;
(iii) Permit thenational guard of this state to act as a receiving and a responding state asdefined within this compact and to insure the prompt and effective delivery ofnational guard personnel, assets and services to agencies or areas that are inneed of increased support and presence;
(iv) Permit andencourage a high degree of flexibility in the deployment of national guard forcesin the interest of efficiency;
(v) Maximize theeffectiveness of the national guard in those situations which call for itsutilization under this compact;
(vi) Provide protectionfor the rights of national guard personnel when performing duty in other statesin counter-drug activities; and
(vii) Ensure uniformityof state laws in the area of national guard involvement in interstatecounter-drug activities by incorporating said uniform laws within the compact.
ARTICLEII
Entryinto Force and Withdrawals
(a) This compact shallenter into force when enacted into by any two (2) states. Thereafter, thiscompact shall become effective as to any other state upon its enactmentthereof.
(b) Any party state maywithdraw from this compact by enacting a statute repealing the same, but nosuch withdrawal shall take effect until one (1) year after the governor of thewithdrawing state has given notice in writing of the withdrawal to thegovernors of all other party states.
ARTICLEIII
MutualAssistance and Support
(a) As used in thisarticle:
(i) "Druginterdiction and counter-drug activities" means the use of national guardpersonnel, while not in federal service, in any law enforcement supportactivities that are intended to reduce the supply or use of illegal drugs inthe United States. These activities include, but are not limited to:
(A) Providinginformation obtained during either the normal course of military training oroperations or during counter-drug activities, to federal, state or local lawenforcement officials that may be relevant to a violation of any federal orstate law within the jurisdiction of such officials;
(B) Making availableany equipment, including associated supplies or spare parts, base facilities orresearch facilities of the national guard to any federal, state or localcivilian law enforcement official for law enforcement purposes, in accordancewith other applicable law or regulation;
(C) Providing availablenational guard personnel to train federal, state or local civilian lawenforcement in the operation and maintenance of equipment, including equipmentmade available above, in accordance with other applicable law;
(D) Providing availablenational guard personnel to operate and maintain equipment provided to federal,state or local law enforcement officials pursuant to activities defined andreferred to in this compact;
(E) Operation andmaintenance of equipment and facilities of the national guard or other lawenforcement agencies used for the purposes of drug interdiction andcounter-drug activities;
(F) Providing availablenational guard personnel to operate equipment for the detection, monitoring andcommunication of the movement of air, land and sea traffic, to facilitatecommunications in connection with law enforcement programs, to providetransportation for civilian law enforcement personnel and to operate bases ofoperations for civilian-law enforcement personnel;
(G) Providing availablenational guard personnel, equipment and support for administrative,interpretive, analytic or other purposes;
(H) Providing availablenational guard personnel and equipment to aid federal, state and localofficials and agencies otherwise involved in the prosecution or incarcerationof individuals processed within the criminal justice system who have beenarrested for criminal acts involving the use, distribution or transportation ofcontrolled substances as defined in 21 U.S.C. 801 et seq. or other applicablelaw.
(ii) "Demandreduction" means providing available national guard personnel, equipment,support and coordination to federal, state, local and civic organizations,institutions and agencies for the purposes of the prevention of drug abuse andthe reduction in the demand for illegal drugs;
(iii) "Law enforcementagency" means a lawfully established federal, state or local public agencythat is responsible for the prevention and detection of crime and theenforcement of penal, traffic, regulatory, game, immigration, postal, customsor controlled substances laws;
(iv) "Mutualassistance and support agreement" or "agreement" means anagreement between the national guard of this state and one (1) or more lawenforcement agencies or between the national guard of this state and thenational guard of one (1) or more other states, consistent with the purposes ofthis compact;
(v) "Official" means the appointed, elected, designated or otherwise dulyselected representative of an agency, institution or organization authorized toconduct those activities for which support is requested;
(vi) "Partystate" refers to a state that has lawfully enacted this compact;
(vii) "Requestingstate" means the state whose governor requested assistance in the area ofcounter-drug activities;
(viii) "Respondingstate" means the state furnishing assistance or requested to furnishassistance in the area of counter-drug activities; and
(ix) "State"means each of the several states of the United States, the District ofColumbia, the Commonwealth of Puerto Rico or a territory or possession of theUnited States.
(b) Upon the request ofa governor of a party state for assistance in the area of drug interdiction,counter-drug and demand reduction activities, the governor of a respondingstate shall have authority under this compact to send without the borders ofhis or her state and place under the temporary operational control of theappropriate national guard or other military authorities of the requestingstate, for the purposes of providing such requested assistance, all or any partof the national guard forces of his state as he may deem necessary, and theexercise of his discretion in this regard shall be conclusive.
(c) The governor of aparty state may, within his discretion, withhold the national guard forces ofhis state from such use and recall any forces or part or member thereofpreviously deployed in a requesting state.
(d) The national guardof this state is hereby authorized to engage in counter-drug activities anddemand reduction.
(e) The adjutantgeneral of this state, in order to further the purposes of this compact, mayenter into a mutual assistance and support agreement with one (1) or more lawenforcement agencies of this state, including federal law enforcement agenciesoperating within this state, or with the national guard of one (1) or moreother party states to provide personnel, assets and services in the area ofcounter-drug activities, and demand reduction provided that all parties to theagreement are not specifically prohibited by law to perform said activities.
(f) The agreement mustset forth the powers, rights and obligations of the parties to the agreement,where applicable, as follows:
(i) Its duration;
(ii) The organization,composition and nature of any separate legal entity created thereby;
(iii) The purpose ofthe agreement;
(iv) The manner offinancing the agreement and establishing and maintaining its budget;
(v) The method to beemployed in accomplishing the partial or complete termination of the agreementand for disposing of property upon partial or complete termination;
(vi) Provision foradministering the agreement, which may include creation of a joint boardresponsible for such administration;
(vii) The manner ofacquiring, holding and disposing of real and personal property used in thisagreement, if necessary;
(viii) The minimumstandards for national guard personnel implementing the provisions of thisagreement;
(ix) The minimuminsurance required of each party to the agreement;
(x) The chain ofcommand or delegation of authority to be followed by national guard personnelacting under the provisions of the agreement;
(xi) The duties andauthority that the national guard personnel of each party state may exercise;and
(xii) Any othernecessary and proper matters.
(g) Agreements preparedunder the provisions of this section are exempt from any general law pertainingto intergovernmental agreements.
(h) As a conditionprecedent to an agreement becoming effective under this section, the agreementshall be submitted to and receive the approval of the attorney general ofWyoming. The attorney general may delegate his approval authority to theappropriate attorney for the national guard subject to those conditions whichhe decides are appropriate. The delegation shall be in writing and be subjectto the following:
(i) The attorneygeneral, or his agent, shall approve an agreement submitted to him under thissubsection unless he finds that it is not in proper form, does not meet therequirements set forth in this subsection or otherwise does not conform to thelaws of Wyoming. If the attorney general disapproves an agreement, he shallprovide a written explanation to the adjutant general of the national guard;
(ii) If the attorneygeneral, or his agent, does not disapprove an agreement within thirty (30) daysafter its submission to him, it is considered approved by him.
(j) Whenever nationalguard forces of any party state are engaged in the performance of duties in thearea of drug interdiction, counter-drug and demand reduction activitiespursuant to orders, no member thereof shall be held personally liable for anyacts or omissions which occur during the performance of their duty.
ARTICLEIV
Responsibilities
(a) Nothing in thiscompact shall be construed as a waiver of any benefits, privileges, immunitiesor rights otherwise provided for national guard personnel performing dutypursuant to title 32 of the United States Code nor shall anything in thiscompact be construed as a waiver of coverage provided for under the FederalTort Claims Act. In the event that national guard personnel performingcounter-drug activities do not receive rights, benefits, privileges andimmunities otherwise provided for national guard personnel as stated above, thefollowing provisions shall apply:
(i) Whenever nationalguard forces of any responding state are engaged in another state in carryingout the purposes of this compact, the members thereof so engaged shall have thesame powers, duties, rights, privileges and immunities as members of nationalguard forces of the requesting state. The requesting state shall save and holdmembers of the national guard forces of responding states harmless from civilliability, except as otherwise provided herein, for acts or omissions whichoccur in the performance of their duty while engaged in carrying out thepurposes of this compact, whether responding forces are serving the requestingstate within the borders of the responding state or are attached to therequesting state for purposes of operational control;
(ii) Subject to theparagraphs (a)(iii), (iv) and (v) of this article, all liability that may ariseunder the laws of the requesting state or the responding state, on account ofor in connection with a request for assistance or support shall be assumed andborne by the requesting state;
(iii) Any respondingstate rendering aid or assistance pursuant to this compact shall be reimbursedby the requesting state for any loss, damage to or expense incurred in theoperation of any equipment answering a request for aid and for the cost of thematerials, transportation and maintenance of national guard personnel andequipment incurred in connection with such request, provided that nothingcontained herein shall prevent any responding state from assuming such loss,damage, expense or other cost;
(iv) Unless there is awritten agreement to the contrary, each party shall provide in the same amountsand manner as if they were on duty within their state for pay and allowances ofpersonnel of its national guard units while engaged without the state pursuantto this compact and while going to and returning from such duty pursuant tothis compact;
(v) Each party stateproviding for the payment of compensation and death benefits to injured membersand the representatives of deceased members of its national guard forces incase such members sustain injuries or are killed within their own state, shallprovide for the payment of compensation and death benefits in the same mannerand on the same terms in the event such members sustain injury or are killedwhile rendering assistance or support pursuant to this compact. Such benefitsand compensation shall be deemed items of expense reimbursable pursuant toparagraph (a)(iii) of this article.
(b) Officers andenlisted personnel of the national guard performing duties subject to properorders pursuant to this compact shall be subject to and governed by theprovisions of their home state code of military justice whether they areperforming duties within or without their home state. In the event that anynational guard member commits, or is suspected of committing, a criminaloffense while performing duties pursuant to this compact without his homestate, he may be returned immediately to his home state and the home stateshall be responsible for any disciplinary action. Nothing in this sectionshall abrogate the general criminal jurisdiction of the state in which theoffense occurred.
ARTICLEV
Delegation
Nothing in this compact shall be construedto prevent the governor of a party state from delegating any of hisresponsibilities or authority respecting the national guard, provided that suchdelegation is otherwise in accordance with law. For purposes of this compactthe governor shall not delegate the power to request assistance from anotherstate.
ARTICLEVI
Limitations
(a) Nothing in thiscompact shall:
(i) Authorize or permitnational guard units or personnel to be placed under the operational control ofany person not having the national guard rank or status required by law forthat command;
(ii) Deprive a properlyconvened court of jurisdiction over an offense or a defendant merely because ofthe fact that the national guard, while performing duties pursuant to thiscompact, was utilized in achieving an arrest or indictment; or
(iii) Authorize thenational guard to engage in the personal apprehension, arrest and incarcerationof any individual or the physical search and seizure of any person. Thenational guard may indirectly support any such law-enforcement activities by anotherwise appropriate law-enforcement agency. The national guard may, however,directly or indirectly engage in the legal search and seizure of any propertywhen under the supervision of an otherwise appropriate law-enforcement agency.
ARTICLEVII
Constructionand Severability
This compact shall be liberally construedso as to effectuate the purposes thereof. The provisions of this compact shallbe severable and if any phrase, clause, sentence or provision of this compactis declared to be contrary to the constitution of the United States or of anystate or the applicability thereof to any government, agency, person orcircumstance is held invalid, the validity of the remainder of this compact andthe applicability thereof to any government, agency, person or the circumstanceshall not be affected thereby. If this compact shall be held contrary to theconstitution of any state participating herein, the compact shall remain infull force and effect as to the remaining part states and in full force andeffect as to the state affected as to all severable matters.
ARTICLE 3 - OFFICERS AND ENLISTED PERSONNEL; GENERALLY
19-9-301. National guard officers generally.
(a) All officers of the national guard of Wyoming shall beappointed by the governor of Wyoming as provided in national guard regulationsexcept such officers as may be commissioned by the governor in an honorarystatus or in a state status without regard to their allocation or qualificationby the department of defense of the United States.
(b) All officers appointed in the national guard of Wyomingexcept the adjutant general and assistant adjutants general shall hold theirmembership until they have reached seventy (70) years of age unless retired ordischarged prior to that time. No officer possesses a property interest in anyduty position. The adjutant general is the discharge authority for all officersexcept the adjutant general, for which the governor shall be that authority. Any officer may be discharged from the Wyoming national guard according toprocedures established by orders and regulations prescribed or promulgated bythe adjutant general or according to federal law and regulation. An officerdischarged from the United States air force or army reserves or who has hisfederal recognition withdrawn shall also be discharged from the Wyomingnational guard effective as of the date of discharge from the reserves orwithdrawal of federal recognition.
(c) Initial appointments and promotions shall be made from thebest qualified officers available for service in a unit or organization. Theadjutant general shall for federal promotions and as required by federalregulation, submit recommendations personally or through a federal recognitionboard appointed by the adjutant general. For state promotion of officers, theadjutant general shall be the promotion authority.
(d) Repealed By Laws 2003, Ch. 19, 2.
(e) The moral character, capacity and general fitness for theservice of any national guard officer may be determined at any time by anadministrative board as provided by applicable law and regulations. Commissionsof officers of the national guard may be vacated upon resignation or absencewithout leave for three (3) months upon the recommendation of an administrativeboard or pursuant to sentence of a courts-martial.
(f) The compensation of all officers when on duty by order ofthe governor shall be the same as paid to officers of like grade in the regulararmed forces of the United States including longevity pay and allowances forfederal and national guard service.
(g) Within ten (10) days of his appointment an officer shalltake and subscribe the oath provided in national guard regulations and the oathprovided by the Wyoming constitution for all state officers. The officer whoadministers the oaths shall certify the facts and transmit the oaths oraffirmations properly sealed and attested to the adjutant general, who shallfile the same. A commission signed by the governor and countersigned by theadjutant general under seal of the adjutant general's office shall then beissued 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 inthe service or hereafter commissioned shall date from date of taking the oathof office.
(h) The resignation of officers shall be addressed to thegovernor and transmitted to the adjutant general through the regular militarychannels. All commanding officers before forwarding a resignation shall endorsethereon their approval or disapproval, together with all facts bearing on thecase. An officer tendering his resignation shall not be considered out of theservice until his resignation is accepted. Upon acceptance of the resignationof a commissioned officer, the adjutant general with the approval of thegovernor, shall issue termination orders.
(j) Repealed By Laws 2003, Ch. 19, 2.
19-9-302. Enlistments; oath; term; reenlistments and extensions;discharge.
(a) After the forming of an organization, recruits may beenlisted into the organization. They shall sign their names to an enlistmentcontract to be furnished by the adjutant general for that purpose and signingis legal enlistment. Every commissioned officer and every noncommissionedofficer at military pay grade E-9 as defined by federal rule and regulation,may administer the oath required on enlistment.
(b) Every enlisted member shall serve for a term of yearsprescribed by department of defense orders or national guard regulations unlesshe is properly discharged.
(c) All reenlistments and extensions shall be for the termprescribed by department of defense orders or national guard regulations.
(d) Upon expiration of the service of any enlisted member orupon his discharge under United States department of defense or national guardregulation, the commanding officer of his organization shall prepare adischarge certificate as provided by federal or national guard regulation.
(e) The adjutant general is the discharge authority for allenlisted members. An enlisted member may be discharged from the Wyomingnational guard according to regulations adopted by the adjutant general or byfederal law and regulation.
(f) An enlisted member discharged from the United States airforce or army reserves shall be discharged from the Wyoming national guardeffective as of the date of discharge from the reserves.
19-9-303. Laws applicable to military procedure and subjects.
Onall military procedure and subjects arising in this state and not specificallycovered by Wyoming law, the laws, regulations and orders of the department ofdefense shall apply unless specifically prohibited by published orders of thegovernor of Wyoming.
19-9-304. Uniforms and equipment.
Theuniform and equipment of all officers and enlisted personnel of the nationalguard of Wyoming shall be as prescribed for the national guard in department ofdefense orders or national guard regulations.
ARTICLE 4 - RIGHTS AND DUTIES OF OFFICERS AND ENLISTEDPERSONNEL
19-9-401. National guard members granted certain exemptions.
(a) Members of the Wyoming national guard are exempt from:
(i) Labor on the public highways;
(ii) Service as jurors;
(iii) Garnishment or attachment of monies accruing fromperformance of military duty under orders of the governor.
(b) Every commissioned officer, warrant officer and enlistedman while engaged in active state service has all powers and immunities ofother peace officers.
(c) No member of the Wyoming national guard in active stateservice shall incur any personal liability, civil or criminal, by reason ofacts committed in the performance of his necessary duties incident to serviceunder orders of the governor or any lawful superior if the acts are notpalpably illegal, excessively violent or malicious. If any civil action isbrought against a member by reason of an act or acts committed in theperformance of his necessary duties, he is entitled to legal counsel to assistin his defense at state expense. Legal counsel for such purposes may be chosenby the guardsman subject to approval by the Wyoming attorney general and legalfees incurred shall be approved by either:
(i) The Wyoming attorney general if the case does not result inlitigation; or
(ii) By the district judge before whom the case is tried.
19-9-402. Malpractice liability for professionals serving with theWyoming national guard.
Thestate shall defend, hold harmless and indemnify any attorney or doctor ofmedicine serving as a member of the Wyoming national guard from any financialloss arising out of any claim, demand, suit or judgment in any court by reasonof any alleged malpractice of the professional, if the professional was actingin the discharge of his duties at the time that the alleged malpractice wascommitted, regardless of the actual military status of the professional whenthe act is alleged to have occurred.
19-9-403. Pay and allowances of officers and enlisted men in activestate service and state active duty; worker's compensation coverage fornational guard members; no pension denied by reason of service.
(a) Officers and enlisted men while in active state serviceshall receive the same pay and allowances as are paid for the same rank andgrade for service in the armed forces of the United States. While serving instate active duty, officers and enlisted men are entitled to receivereimbursement for reasonable medical expenses paid by the officer or enlistedman as a direct consequence of state active duty. Medical expenses paid by anythird party on behalf of the officer or enlisted man, shall not be eligible forreimbursement. The adjutant general shall determine, pursuant to rules andregulations adopted under this subsection, whether medical expenses incurred byan officer or enlisted man are the consequence of state active duty.
(b) Members of the Wyoming national guard while in state activeduty by order or voluntarily at the request of the governor shall be deemedstate employees for purpose of being covered under the Wyoming Worker'sCompensation Act and their state active duty shall be considered as anextrahazardous occupation under W.S. 27-14-108.
(c) No member of the national guard shall be denied or deprivedof any pension, bounty, gratuity or hospitalization to which he is now entitledunder the laws of Wyoming because of service therein.
(d) The state shall pay the matriculation fees and tuition inany university, junior college or vocational training institution in Wyomingfor the children and spouse of any member of the Wyoming national guard whodies or sustains a permanent total disability resulting from duty as aguardsman while on state active duty or any authorized training duty.
ARTICLE 5 - EDUCATIONAL ASSISTANCE
19-9-501. Educational assistance for national guard members;administration of plan.
The Wyoming national guard educationalassistance plan is established to provide assistance for qualified members ofthe Wyoming national guard who enroll in institutions of higher education inthis state. The plan shall be administered by the adjutant general inaccordance with the provisions of this article. The adjutant general shallpromulgate rules for the administration, implementation and proper utilizationof the plan.
19-9-502. Definitions.
(a) As used in this article:
(i) "Authorized courses" means:
(A) Credit courses which meet undergraduate or graduate degreerequirements; and
(B) Credit courses which meet requirements for completion ofvocational or technical training for a declared educational objective meetingrequirements of rules promulgated pursuant to this article.
(ii) "Federal tuition assistance" means any paymentmade to or on behalf of a member by the federal government for educationalassistance, excluding benefits paid pursuant to the Montgomery GI Bill;
(iii) "Member" means an active, in good standing,member of the Wyoming national guard;
(iv) "Montgomery GI Bill" means the federal MontgomeryGI Bill Act of 1984, Public Law 98 525 and subsequent amendments thereto;
(v) "Plan" means the educational assistance planestablished under this article;
(vi) "Wyoming institution of higher education" or"institution" means a public or private educational institutionlocated within this state and approved for payment of Montgomery GI Billbenefits. "Institution" includes a public or private educationalinstitution offering an accredited degree program in Wyoming through distanceeducation under a partnership agreement with any branch of the United Statesarmed forces;
(vii) "Wyoming public institutions of higher education"means the University of Wyoming and Wyoming community colleges.
19-9-503. Requirements for educational assistance; assistancepayments.
(a) Subject to legislative appropriation and in accordance withthe provisions of this article, the adjutant general or his designee, mayauthorize the payment of higher education tuition and mandatory fees for activemembers of the Wyoming national guard. To be eligible to participate in theplan members shall:
(i) Have completed basic military training or officer trainingunless waived by the adjutant general for good cause shown;
(ii) Meet the standards for satisfactory participation in theactive Wyoming national guard at the beginning of and throughout the entireacademic term for which assistance is received;
(iii) Be committed through an enlistment contract or otherwritten agreement to membership in the active Wyoming national guard for notless than six (6) years, including initial enlistment and any previous contractor contracts;
(iv) Agree in writing to serve in the active Wyoming nationalguard for two (2) years after the last day of the last academic term for whichassistance is received under the plan. This two (2) year period of service maybe within the six (6) year commitment period required by paragraph (iii) ofthis subsection;
(v) Have declared an academic major or educational objective;and
(vi) Meet the academic standards specified in this paragraph andotherwise be in good standing as determined by the institution of highereducation pursuant to a published policy. Any member receiving educationalassistance under the plan who fails to earn a cumulative grade point average atleast equivalent to 2.0 on a 4.0 scale shall be ineligible for educationalassistance under the plan until the member attains that cumulative grade pointaverage, unless the adjutant general for cause and pursuant to rule andregulation waives the grade point average requirement.
(b) Members meeting the requirements of subsection (a) of thissection may receive educational assistance benefit payments as follows:
(i) For authorized courses at a Wyoming public institution ofhigher education, payment may be made for up to the full cost of tuition andmandatory fees;
(ii) For authorized courses at a Wyoming private institution ofhigher education, payment may be made for the lesser of the actual costs oftuition and mandatory fees or an amount equal to the average resident tuitionand mandatory fee charges of all Wyoming public institutions of highereducation for an undergraduate student enrolled for twelve (12) semester hours;
(iii) Eligible members who are not Wyoming residents may receivebenefits as provided in paragraphs (i) and (ii) of this subsection, but thebenefit payment shall not exceed the amount of tuition and mandatory fees whichwould have been charged if the member were a Wyoming resident;
(iv) Payment shall be made directly to the institution after theinstitution officially certifies that the member has registered;
(v) Payments under the plan together with any federal tuitionassistance received by the member shall not exceed one hundred percent (100%)of the tuition and mandatory fees charged.
19-9-504. Restrictions; repayment of benefits.
(a) Plan participation and benefit payments shall be subject tothe following additional restrictions and qualifications:
(i) The plan may be used to complete only one (1) degree,certificate or other educational objective;
(ii) Participation shall be limited to the earlier of:
(A) A period of ten (10) years from the date of theparticipant's initial enrollment in the plan; or
(B) The participant's completion of his one (1) degree,certificate or other educational objective.
(iii) Any member receiving educational assistance under the planwho fails to maintain satisfactory participation in the active Wyoming nationalguard shall repay all educational assistance granted under the plan for thatcurrent academic term. The member shall be ineligible for educationalassistance under the plan until the adjutant general has determined that themember meets the minimum requirements for satisfactory membership in theWyoming national guard;
(iv) Any member who has received assistance under the plan andwho 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 Wyomingnational 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.
(b) The adjutant general may promulgate rules waiving repaymentotherwise required under subsection (a) of this section for death, incapacityor other good cause shown. The adjutant general shall immediately transmit allrepayments of benefits under the plan to the state treasurer for deposit in thestate general fund.
ARTICLE 6 - OTHER ASSISTANCE
19-9-601. Wyoming national guard members group life insurance premium.
TheWyoming national guard members group life insurance premium assistance plan isestablished to reimburse qualified members of the Wyoming national guard forgroup life insurance premiums. The plan shall be administered by the adjutantgeneral in accordance with the provisions of this article. The adjutantgeneral shall promulgate rules for the administration, implementation andproper utilization of the plan.
19-9-602. Definitions.
(a) As used in this article:
(i) "Premium" means the cost of servicemembers grouplife insurance determined as provided in 38 U.S.C. 1969(a)(1) or the cost ofstate sponsored life insurance as determined by the insurers;
(ii) "Qualified member" means an active member in goodstanding of the Wyoming national guard;
(iii) "Servicemembers group life insurance" means thatlife insurance issued to a qualified member pursuant to 38 U.S.C., Chapter 19;
(iv) "State sponsored life insurance" means the grouplife insurance program pursuant to 37 U.S.C. 707.
19-9-603. Requirements for premium reimbursement.
(a) Subject to legislative appropriation and in accordance withthe provisions of this article, the adjutant general or his designee, mayauthorize the reimbursement of premiums for qualified members who:
(i) Have completed basic military training or officer trainingunless waived by the adjutant general for good cause shown;
(ii) Meet the standards for satisfactory participation in theactive Wyoming national guard at the beginning of and throughout the entireterm for which premium is reimbursed;
(iii) Are committed through an enlistment contract or otherwritten agreement to membership in the active Wyoming national guard for notless than six (6) years, including initial enlistment and any previous contractor contracts.
(b) A qualified member meeting the requirements of subsection(a) of this section may receive reimbursement for premiums paid by the memberduring the previous calendar year for servicemembers group life insurance orstate sponsored life insurance, with a coverage amount of up to two hundredfifty thousand dollars ($250,000.00). Premiums for members of the qualifiedmember's family and premiums paid or reimbursed by the United States shall notbe reimbursed.
(c) Reimbursement of eligible premium paid during a calendaryear shall be made annually no later than May 1 of the following year, basedupon certified payroll disbursements from the federal payment authority.
ARTICLE 7 - NATIONAL GUARD YOUTH CHALLENGE PROGRAM
19-9-701. National guard youth challenge program; administration ofprogram.
(a) The national guard youth challenge program is created toprovide resources to create opportunities and alternatives for youth at risk orwho have dropped out of the public school system, ages sixteen (16) to eighteen(18) years, to attain a high school diploma or high school equivalencycertification and to develop life skills.
(b) The national guard youth challenge program shall beadministered by the Wyoming military department with the assistance of the departmentof education as necessary for the provision of educational programs addressingneeds of the participating youth and for establishing necessary communicationsand cooperation with Wyoming school districts.
(c) The Wyoming military department may promulgate rules forthe administration of the program.
19-9-702. Funding.
To the extent available, for every sixtycents ($.60) of federal funds appropriated to the national guard youthchallenge program, the department may expend funds appropriated by this statefor this program in an amount not to exceed forty cents ($.40), or such otherminimum amount as necessary to qualify for the appropriation of federal funds. The state may appropriate funding in excess of that necessary to qualify forfederal funds and the department shall be authorized to expend such state fundsonly when all federal funds are exhausted. All monies appropriated forpurposes of this article are continuously appropriated to the department andshall not lapse until the program is terminated as provided by W.S. 19-9-704.
19-9-703. Reporting.
(a) The department shall provide a report not later thanOctober 1 of each year that the national guard youth challenge program receivesany state funding. The report shall be provided to the joint appropriations,joint transportation, highways and military affairs and the joint educationinterim committees and include the following information:
(i) Yearly enrollment in the national guard youth challengeprogram;
(ii) Number of youth remaining after the first two (2) weeks ofthe challenge program;
(iii) Yearly number of youth successfully completing thechallenge program;
(iv) A detailed listing of budget expenditures for the challengeprogram; and
(v) A report on the status of program graduates for thepreceding four (4) years, to the extent available.
19-9-704. Sunset.
W.S. 19-9-701 through 19-9-703 are repealedeffective June 30, 2012.
ARTICLE 8 - HEALTH CARE PROVIDER RETENTION PROGRAM
19-9-801. National guard health care provider retention program;administration of program.
(a) The Wyoming national guard health care provider retentionprogram is created to provide assistance to qualified health care providersactively serving in the Wyoming national guard for the reimbursement of medicalmalpractice insurance premiums.
(b) The program shall be administered by the adjutant generalin accordance with the provisions of this article. The adjutant general shallpromulgate rules for the administration of the program.
19-9-802. Definitions.
(a) As used in this article:
(i) "Program" means the national guard health careprovider retention program; and
(ii) "Qualified health care provider" means anindividual as defined in W.S. 27-14-102(a)(x), licensed pursuant to title 33,who is currently an officer in good standing in the Wyoming national guard oris currently fulfilling the requirements to become an officer in the Wyomingnational guard.
19-9-803. Requirements for malpractice insurance premiumreimbursements.
(a) Subject to legislative appropriation and in accordance withthe provisions of this article, the adjutant general or his designee mayauthorize a one (1) time reimbursement of medical, dental and optometricmalpractice insurance premiums for qualified health care providers. Themaximum malpractice insurance premium reimbursement under the program shall be:
(i) For a qualified health care provider who enters into a two(2) year service contract, fifty percent (50%) of the total cost of malpracticeinsurance premiums paid by the qualified health care provider during the mostrecent calendar year in the term of the initial service contract required underparagraph (b)(iii) of this section, not to exceed fifteen thousand dollars($15,000.00), which shall be paid directly to the malpractice insurer andapplied toward the health care provider's malpractice insurance at theexecution of the service contract;
(ii) For a qualified health care provider who enters into a four(4) year service contract, one hundred percent (100%) of the total cost ofmalpractice insurance premiums paid by the qualified health care providerduring the most recent calendar year in the term of the initial servicecontract required under paragraph (b)(iii) of this section, not to exceedthirty thousand dollars ($30,000.00), which shall be paid directly to themalpractice insurer and applied toward the health care provider's malpracticeinsurance at the execution of the service contract.
(b) To be eligible to participate in the program the qualifiedhealth care provider shall:
(i) Be a resident of the state of Wyoming;
(ii) Be a qualified health care pro