Title 19, Title 19 — Defense Forces And Affairs

Sunset. W.S. 19-9-701 through 19-9-703 are repealed effective June 30, 2025.

Sunset. W.S. 19-9-801 through 19-9-804 are repealed effective June 30, 2017.

Organization by governor; appointment of council; removal; control. (a) The governor may organize and maintain within this state such military forces as the governor deems necessary to preserve the public peace, to execute the laws of the state, to suppress tumult, riot, mob or i…

Pay and allowances. Members of the Wyoming state guard, when serving under orders of the governor of Wyoming, shall receive out of the general fund of Wyoming not otherwise appropriated the same pay and allowances authorized for personnel of equal rank in the national guard.

Requisition of arms and supplies. The governor may requisition or purchase from the department of defense or other sources such arms, equipment and supplies as are necessary to equip the Wyoming state guard and may make available to such forces the facilities and equipment of sta…

Guard not required to serve outside state; exceptions. (a) The Wyoming state guard is not required to serve outside the boundaries of this state except: (i) Upon request of the governor of another state, the governor of this state may order any portion of the force to assist the …

Oath; term of enlistment; eligibility; appointment of officers; removal; employees of state or political subdivisions. (a) The oath to be taken by members of the Wyoming state guard, shall be substantially the same as that prescribed for members of the Wyoming national guard, sub…

Application of Military Service Relief Act. The Military Service Relief Act, W.S. 19-11-101 through 19-11-125, shall apply to members of the Wyoming state guard.

Worker's compensation. In the event of disability or death resulting from an injury while in state active duty under orders of the governor, members of the Wyoming state guard are entitled to the same benefits provided for employees under the provisions of the Wyoming Worker's Co…

Courts-martial jurisdiction; exemption from liability for civil or criminal acts; exception. (a) Whenever the Wyoming state guard, or any part thereof, is serving under orders of the governor, the provisions of this act relating to military courts and justice shall apply and are …

Disposal of state-owned uniforms and equipment; presentation of uniforms to former members. The adjutant general of Wyoming may present to former members of the Wyoming state guard as partial compensation for their services, to be retained by the former members as their own perso…

Disposal of state-owned uniforms and equipment; public or private sale. The adjutant general of Wyoming may sell at public or private sale all state-owned equipment, supplies and items of uniform, or any uniforms not claimed by members of the Wyoming state guard within six (6) mo…

Disposal of state-owned uniforms and equipment; disposition of proceeds of sale. All proceeds from the sale or sales of state guard equipment, supplies and items of uniform or money from any source shall be deposited with the state treasurer to be credited to the general fund.

Honorary promotion upon retirement. (a) Members of the Wyoming state guard may be promoted by the governor or the adjutant general to the next higher grade on the occasion of their retirement from service under the following conditions: (i) The member has honorably served either …

Purpose. (a) In order to provide for, strengthen and expedite the national security under conditions which threaten the peace and security of the United States and to enable those citizens of this state who perform service in the uniformed services to more successfully devote the…

Definitions. (a) As used in this article, unless the context clearly requires otherwise: (i) "Appointed official" means a person holding an appointed position or office with any department, board, commission or agency of the state, or of any political subdivision or municipal cor…

Discrimination prohibited. (a) A person who is a member of, applies to be a member of, performs, has performed, applies to perform or has an obligation to perform service in an uniformed service shall not be denied initial employment, reemployment, retention in employment, promot…

Awarding of costs and fees. (a) In any administrative or court proceeding which is brought by or against an employer or prior employer in connection with a claim under W.S. 19-11-104 or 19-11-111, the prevailing member may be awarded a judgment or a settlement against an employer…

Compensation. (a) Any private or public employer in this state is hereby authorized to pay compensation to any employee who leaves employment to perform service in the uniformed services. If the employer elects to pay the compensation, it shall be paid on a uniform basis to all s…

Leave status. (a) Any employee who leaves employment in order to perform service in the uniformed services shall be treated as being on military leave of absence during the period of service in the uniformed services, provided that he applies for reemployment in accordance with t…

Leave of absence for state, city or county officers and employees; training programs. (a) Any member of the national guard of any state or United States armed forces reserve who is an officer or employee of this state or any political subdivision, municipal corporation or any pub…

Life and health and accident insurance. (a) The provisions of this section shall be applicable to any group life insurance, group insurance, family group, blanket and franchise health and accident insurance and health care services plan provided by any private or public employer …

Worker’s compensation benefits; supplementary earnings; voluntary suspension. (a) Any employee receiving supplemental earnings benefits pursuant to the provisions of the Worker’s Compensation Act who is called to service in the uniformed services, is found to be medically deploya…

Right of reinstatement to former employment. (a) Any person who is absent from a position of employment by reason of service in the uniformed services shall be entitled to the reemployment rights and benefits and other employment benefits of this article within ten (10) days of a…

Retirement credit. (a) Any employee who completes his service in the uniformed services and applies for reemployment upon release from service in the uniformed services or discharge from hospitalization incidental to his service in uniformed service shall be entitled to receive c…

Contributions, payment during military service. Any employee may, at his option, pay the required employee contributions to the retirement system, pension fund or employee benefit plan applicable to his employment during his period of service in the uniformed services if the paym…

Employee pension benefit plans. (a) Every private employer in this state who maintains a defined benefit plan as defined by 29 U.S.C. 1002(35) shall credit the employee with his period of service in the uniformed services towards retirement eligibility and vesting under the plan,…

State retirement systems; payment of contributions; interest. (a) Any employee who did not elect to make employee contributions pursuant to W.S. 19-11-113 to the state retirement system applicable to his employment during his period of service in the uniformed services shall be e…

Payment of death and survivor benefits; state retirement. (a) The employee's period of service in the uniformed services shall be counted as creditable service in the state retirement system in which he was a member for determining eligibility for death and survivor benefits and …

Inapplicability to deferred retirement option plans; state retirement. The provisions of this article are inapplicable with respect to employees who are participants in a deferred retirement option plan.

License validity; renewals, suspension of fees. The payment of any reinstatement or licensing fee or the application for renewal of any license imposed by the state or any public or governmental entity which the person who performs service in the uniformed services validly holds …

Professional and occupational licenses; renewal fees waived; educational requirements. The person who performed service in the uniformed services shall be exempted from the payment of any reinstatement or licensing renewal fee required by any profession or occupation governed by …

Academic penalties prohibited. (a) No student member of any uniformed service of the United States shall have his education, including but not limited to colleges and universities, vocational or technical or trade schools or secondary educational institutions, unnecessarily disru…

District courts; jurisdiction; venue; preference docket. (a) In the case of an action against the state, the district court in which the state or any of its political subdivisions exercises authority or conducts its business shall have jurisdiction to hear actions to enforce the …

Servicemembers Civil Relief Act; application to national guard; penalty for violation of rights; enforcement; preferences. (a) Members of the Wyoming national guard ordered to active state service by the state or federal government for a period of more than thirty (30) consecutiv…

Award of attorney fees. In any proceeding employed to enforce any of the provisions of this act, the court shall award reasonable litigation expenses including reasonable attorney's fees.

Vacancies in elected office. No vacancy in the office of an elected official shall be deemed to have occurred by reason of his absence when the official is called to service in the uniformed services. No change in the residence of an elected official is deemed to have occurred by…

Termination, suspension or reinstatement of contract services. (a) A person ordered to active service in the uniformed services, or a person already in active service in the uniformed services and transferred, for a period of more than thirty (30) but not more than one hundred ei…

Power of attorney. If any person who performs service in the uniformed services as principal executes a power of attorney designating an agent to act on his behalf in conformity with the law of Wyoming, such power of attorney is deemed legally sufficient and enforceable as to the…

Acknowledgment of instrument by members of armed forces and their dependents before commissioned officer; form of certificate. In addition to the acknowledgment of instruments in the manner and form otherwise authorized by law, persons who perform service in the uniformed service…

Death of principal not to affect acts performed in good faith under power of attorney. No person acting under any power of attorney made by any person who performs service in the uniformed services, during the time the principal remains in the armed forces, shall be held liable f…

Military courts generally. (a) The military courts of this state are general courts- martial, special courts-martial and summary courts-martial, and are constituted and have cognizance of the same subjects and possess like powers as similar courts provided by the laws and regulat…

Apprehension. (a) "Apprehension" means the taking of a member into custody. (b) Any person authorized by this code, Chapter 47 of title 10, United States Code, or by regulations issued under either code to apprehend persons subject to this code, and any civil officer or peace off…

Warrant of arrest; issuance; contents; service. (a) A warrant of arrest for the purposes of securing the presence of accused at any court-martial proceeding or in execution of a sentence of confinement may be issued by a special or general court-martial convening authority. (b) T…

Convening general, special or summary courts- martial; summary courts-martial limitations. (a) A general court-martial may be convened by: (i) The governor; or (ii) The adjutant general. (b) A special court-martial may be convened by: (i) The adjutant general; or (ii) A general o…

Prosecutions; appeal. (a) All prosecutions under this article shall be by court- martial or appropriate civilian court proceeding, with the adjutant general having sole power to determine by which method to proceed. (b) If a complaint is filed in a district court or circuit court…