(a) As used in this act: (i) "Militia" means all the active and potential military forces of the state, whether organized or unorganized; (ii) 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; (iii) "Wyoming national guard" means the army national guard and the air national guard; (iv) "Military department" means the adjutant general, state military affairs and those divisions that may be authorized by federal or state authority; (v) "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except when called or ordered into the federal service of the United States under title 10, United States Code; (vi) Repealed by Laws 2003, Ch. 19, § 2. (vii) "Officer" means commissioned officers and warrant officers; (viii) "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; (ix) "Enlisted member" means a member at military pay grades E-1 through E-9, as defined by federal rule and regulation; (x) "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; (xi) "Discharge" or "separate" means to separate a member from the organization; (xii) "This act" means title 19; (xiii) "State security officer" means a person employed by the military department whose primary duties include being armed and securing military assets controlled by the military department.

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

(a) 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. (i) Repealed by Laws 2017, ch. 45, § 2. (ii) Repealed by Laws 2017, ch. 45, § 2. (iii) Repealed by Laws 2017, ch. 45, § 2. (iv) Repealed by Laws 2003, Ch. 88, § 2.

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

(a) 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: (i) 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; (ii) Have been a member of the Wyoming national guard for at least four (4) years immediately preceding his appointment; (iii) Have attained at least the rank of lieutenant colonel and be 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 and duties and be paid a salary as follows: (i) 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; (ii) He shall issue and transmit all orders of the commander in chief and make returns and reports as the secretary of defense may direct; (iii) 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; (iv) 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; (v) He shall ensure all organizations have access to the proper blanks, books and forms required and such military instruction books as may be prescribed; (vi) 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; (vii) He shall make out reports and returns to the several agencies 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 his seal of office with the words: "State of Wyoming, Adjutant General's Office"; (ix) 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; (x) 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; (xi) 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; (xii) 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; (xiii) Repealed by Laws 2017, ch. 47, § 2. (xiv) 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; (xv) 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; (xvi) 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; (xvii) 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; (xviii) He shall keep physically or electronically the papers, volumes and records of the department in an office provided by the state; (xix) He shall perform such other military duties as ordered by the governor; (xx) He shall administer the Wyoming national guard educational assistance plan in accordance with W.S. 19-9-501 through 19-9-504; (xxi) 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); (xxii) 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; (xxiii) He may delegate part or all of his responsibilities under paragraphs (iii) and (xiv) of this subsection to the veterans' commission; (xxiv) 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; (xxv) He shall enter into agreements, exchange information and otherwise assist the department of workforce services to counsel, mediate, investigate and determine claims by members of the Wyoming national guard and employees of the military department under the federal laws enforced by the equal employment opportunity commission or under W.S. 27-9-105, as applicable. He shall promulgate rules that coordinate with the department of workforce services rules promulgated under W.S. 27-9-104(a)(viii) to accomplish the powers and duties in this paragraph and W.S. 27-9-104(a)(viii), consistent with equal employment opportunity commission rules and requirements and federal law. Nothing in this paragraph prevents a state employee of the military department claiming to be aggrieved by an employment practice specified as discriminatory or unfair in W.S. 27-9-105 from filing with the department of workforce services a complaint in accordance with W.S. 27-9-106. (c) Not later than October 31 of each year, the adjutant general shall report to the governor and the joint transportation, highways and military affairs interim committee on sexual harassment, discrimination and sexual assault matters within the military department. The report shall include at a minimum the following information for the fiscal year preceding the report, presented in a manner to avoid identification of individual persons: (i) Military department demographics including the number of state and federal employees, civilian and military employees, full and part-time air national guard members, full and part-time army national guard members and the gender of those members and employees; (ii) Factual information on all incidents, reports and formal and informal complaints of sexual harassment, discrimination and sexual assault including: (A) Trends regarding position levels or status of reporting persons and persons named in reports and locations of incidents; (B) Incident dates, details and actions taken as allowed under privacy laws; (C) Inspector general and congressional complaints known to the adjutant general. (iii) Changes in options for employees and members to report incidents of sexual harassment, discrimination or sexual assault; (iv) Results and comparative results from previous years' external assessments, internal assessments, unit climate surveys or group interviews such as unit sensing sessions; (v) Assessments, analysis and policies and procedures implemented in response to incidents of sexual harassment, discrimination or sexual assault; (vi) Required annual trainings, corrective action plans and recommendations for legislative or other actions.

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

(a) 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. (b) 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. (c) Repealed By Laws 2003, Ch. 88, § 2.

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19-7-105. Succession of office.

(a) 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. (i) Repealed by Laws 2017, ch. 45, § 2. (ii) Repealed by Laws 2017, ch. 45, § 2. (iii) Repealed by Laws 2017, ch. 45, § 2. (iv) Repealed By Laws 2003, Ch. 88, § 2.

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

(a) 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. (b) 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. (c) 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.

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19-7-107. Renumbered as 19-14-110 By Laws 2011, Ch. 27, § 2.

Renumbered as 19-14-110 By Laws 2011, Ch. 27, § 2.

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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.

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

(a) 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. (b) A prepaid plan or insurance shall be procured only from prepaid plans or insurance companies authorized to do business in this state. (c) 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.

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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.

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

(a) 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. (b) 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.

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

(a) A fund is established which shall be known as the Wyoming military department billeting operations fund. (b) 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.

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

(a) Income and any interest earned from the billeting operations fund created by W.S. 19-7-205 shall be administered by the adjutant general. (b) 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. (c) 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. (d) The adjutant general shall promulgate rules and regulations for the administration of the billeting operations fund created by W.S. 19-7-205.

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19-7-207. Wyoming national guard youth challenge program endowment account; administration; distributions; purposes.

(a) 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. (b) 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. (c) 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."

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

(a) 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. (b) The department shall have the authority: (i) 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; (ii) 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; (iii) 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. (c) 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.

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

(a) 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: (i) Oversee the day to day range management and grazing operations within the training area; (ii) 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; (iii) Determine animal unit grazing usage and needs and develop and monitor forage use plans; (iv) Maintain lessee and neighbor relationships; (v) Respond to required cultural and environmental assessments related to grazing management. (b) 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. (c) The military department shall promulgate rules to administer this section. (d) 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.

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

(a) 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 reservation known as F.E. Warren Air Force Base, 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 post 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 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. (c) 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. (d) 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. (e) 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. (f) Exclusive jurisdiction is ceded to the United States of America over and within the territory described by this section, saving, however, to this state: (i) 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; (ii) 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; (iii) All rights appertaining to any irrigation ditch or ditches crossing the lands ceded pursuant to subsections (c) and (e) of this section. (g) The governor may accept in writing on behalf of the state full or partial retrocession of jurisdiction, criminal, civil, juvenile or any combination thereof, over any military reservations and lands previously ceded to the United States in subsections (a) through (f) of this section where such retrocession has been offered by the appropriate federal authority. The governor's written acceptance of full or partial retrocession of jurisdiction under this subsection shall become effective upon the filing of the acceptance in the office of the secretary of state. Nothing in this subsection shall alter, amend, diminish or invalidate rights reserved to the state in subsection (f) of this section.

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19-7-401. Wyoming military assistance trust fund;

establishment of trust fund; corpus inviolate; investment by state treasurer. (a) 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. (b) 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.

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

(a) 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 any of the following: (i) Any member of the Wyoming national guard or a military reserve unit that is based in Wyoming who has been called to active duty or active state service; (ii) 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; (iii) 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; (iv) Members of the immediate family of those personnel identified in paragraphs (i) through (iii) of this subsection. For purposes of this subsection, "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; (v) Any member of the Wyoming national guard who requires assistance in meeting dependent care responsibilities directly related to their service in the Wyoming National Guard to enable participation without financial hardship to the member or member's immediate family. (b) The earnings 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 or other required military duty and shall not be used to supplant any other private or public funds to the extent such funds are available. (c) 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.

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19-7-403. Wyoming military assistance trust fund; annual

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

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19-8-101. Organized and unorganized militia.

(a) The militia of the state is divided into the organized militia and the unorganized militia. (b) The organized militia consists of the following: (i) 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 (ii) Wyoming state guard forces, when organized. (c) The unorganized militia consists of all persons liable to serve in the militia but not commissioned or enlisted in the organized militia.

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

(a) 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. (b) The following persons are exempt from militia service: (i) Persons exempt from military service by the laws of the United States; (ii) 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; (iii) Students preparing for the ministry in recognized theological or divinity schools; and (iv) Persons who, by reason of religious belief, have scruples of conscience adverse to bearing arms.

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19-8-103. Pursuit of insurrectionists.

(a) 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. (b) 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.

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

(a) 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. (b) 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.

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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.

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

(a) 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. (b) 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.

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

(a) 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: (i) An adjutant general; (ii) Those assistant adjutants general and general officers appointed pursuant to W.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 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; (iv) 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. (b) 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.

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

(a) Officers and enlisted personnel may be called for duty by any of the following means: (i) By stating the substance of the order or by reading it to him 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 age of 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 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.

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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.

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