ORIGINAL HOUSE
BILL NO. 0216

       ENROLLED ACT NO. 83, HOUSE OF REPRESENTATIVES
       
       FIFTY-FIFTH LEGISLATURE OF THE STATE OF WYOMING
                        1999 SESSION




AN ACT relating to the military affairs; amending
eligibility criteria as specified; amending provisions for
officers moving out of state as specified; clarifying the
role of the adjutant general regarding personnel matters as
specified; requiring appointment of assistant adjutant
generals; requiring employment of an emergency management
coordinator; providing that the attorney general's authority
to appoint special assistant attorney generals is
discretionary; amending the involvement of the staff judge
advocate in promotions as specified; and providing for
effective dates.

Be It Enacted by the Legislature of the State of Wyoming:

     Section 1.  W.S. 19-7-101(a)(ii), 19-7-103(b)(i),
19-7-104, 19-7-106, 19-8-102(a), 19-9-301(c) and (e) and
19-10-105(c) are amended to read:
     
     19-7-101.  Definitions.
     
     (a)  As used in this act:
     
          (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;
          
     19-7-103.  Adjutant general; appointment; rank;
removal; duties and qualifications.
     
     (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;
          
     19-7-104.  Assistant adjutants general; deputy military
administrator and fiscal officer; emergency management
coordinator.
     
     (a)    The   adjutant   general  shall   employappoint an
assistant adjutant general for the army national guard and
an assistant adjutant general for the air national guard.
Each assistant adjutant general shall hold the rank of
brigadier general and shall possess the qualifications set
forth  in  W.S.  19-7-103(a)(i)  through  (iv).   No  person shall
continue to serve as an assistant adjutant general after
failing to qualify before a federal recognition board for
promotion to the grade of brigadier general.
     
     (b)    The   adjutant   general  shall   employappoint a deputy
military administrator for state military affairs. 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)    The   adjutant  general  shall   appointemploy an
emergency management coordinator who shall be a civilian
employee of the state.  The coordinator shall serve as the
director of the Wyoming emergency management agency.
     
     19-7-106.  Office of state judge advocate.
     
     (a)     The   adjutant   general   shall   appoint    a statejudge
advocate    general   for   the    military department.  The state
judge  advocate general shall be an  active member of the air
or army national guard and shall serve as the legal counsel
for   the   department.    The  statejudge   advocate general may
appoint such staff judge advocate officers as may be required and authorized by regulation.
     
     (b)   The  statejudge  advocate  generalshall 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  statejudge  advocate  generaland staff judge
advocate officers who have been admitted to the Wyoming
state   bar   and  are  in  good  standing  with   the   bar shall 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.
     
     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 able-bodied 
citizensqualified  residents  of  the   state between the ages
of     eighteen    (18)    and    forty-five    (45)seventeen (17) and 
seventy   (70)   years,   and   such    otherany 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.
     
     19-9-301.  National guard officers generally.
     
     (c)  Initial appointments and promotions will be made
from the best qualified officers available for service in a
unit or organization. Recommendations for selection in the
grade of major or above will be approved by the adjutant
general, the staff judge advocate  and  the senior officer in
a command position from the department in which the
appointment or promotion is to be made.
     
     (e)  The moral character, capacity and general fitness
for the service of any national guard officer may be
determined at any time by an administrative board as
provided  by federal applicable  law and regulations.
Commissions of officers of the national guard may be vacated
upon resignation or absence without leave for three (3)
months   upon   the  recommendation  of  an   administrative board or
pursuant to sentence of a courts-martial. Any officer
permanently leaving the state shall resign his commission
upon  request of the adjutant general or mayapply  to be
placed  upon  the  inactive list.,  and  upon failure to do so, 
his   commission   shall   be   revoked    by    the governor. Officers
rendered surplus by the disbandment of their organization
shall be disposed of as provided by federal law and
regulations. Upon their own application, officers may be
placed on the inactive list as authorized by federal law or
regulations.
     
     19-10-105.  Oath; term of enlistment; eligibility;
appointment of officers; removal; employees of state or
political subdivisions.
     
     (c) All able-bodied male citizens  qualified residents
of  Wyoming, and any nonresident who is accepted into the
service, between sixteen (16) and sixty  (60)seventeen (17) 
and  seventy  (70) years of age  and  of  good  moral character
are eligible for membership in the Wyoming state guard.
     
     Section 2.
     
     (a)  The amendments to W.S. 19-8-102(a) are effective
January 1, 2001 but only if the electors adopt a
constitutional amendment prior to December 31, 2000 allowing
all qualified residents of the state, and any nonresidents
who are accepted into service, between the ages of seventeen
(17) and seventy (70) years to serve in the state militia.
     
     (b)  The remainder of this act is effective July 1,
 1999.
     
                            (END)
                              
                              
                              
                              

Speaker of the House               President of the Senate


                Governor

                TIME APPROVED: _________
                DATE APPROVED: _________

I hereby certify that this act originated in the House.


Chief Clerk