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