Military department composition.

ORIGINAL
Senate
File No
.
SF0039

ENROLLED ACT NO. 15,

SENATE

SIXTY-FOURTH LEGISLATURE OF THE STATE OF WYOMING
2017 General Session

AN ACT relating to the military department; amending the composition of the military department and the succession of military office; repealing superseded provisions; and providing for an effective date.

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

Section
1
.

W.S. 19
‑
7
‑
101(a)(iv), 19
‑
7
‑
10
2(a)
(intro)
, 19
‑
7
‑
103(a)
(intro)
, 19
‑
7
‑
104(
a),

19
‑
7
‑
105(a)
(intro)
,
19
‑
9
‑
102(a)(ii)
and 19
‑
9
‑
301(b)
are amended to read:

19
‑
7
‑
101
.

Definitions.

(a)

As used in this act:

(iv)

"Military department" means the adjutant general
,
the

state military affairs
and
those
divisions
of the army national guard, the air national guard and state military affairs

that may be authorized by federal
or state
authority
;

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
the following

three (3)
those
divisions
:

that may be authorized by federal
or state
authority.

19
‑
7
‑
103
.

Adjutant general; appointment; rank; removal; duties and qualifications.

(a)

The governor shall appoint a qualified adjutant general to be
chief of staff
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:

19
‑
7
‑
104
.

Assistant adjutants general;
general officers;
deputy military administrator and fiscal officer.

(a)

The adjutant general shall appoint
an

such
assistant
adjutant

adjutants
general

for
and
other
general officer
s as may be authorized by
the army national guard

and
an assistant adjutant general

for
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 pro
vided 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.

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
following officers:

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.

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:

(
ii
)

Two (2)

Those
assistant adjutants general
and
general officers
appointed pursuant to W.S. 19
‑
7
‑
104(a);

19
‑
9
‑
301
.

National
guard
officers generally.

(b)

All officers appointed in the national guard of Wyoming except the adjutant general
,

and
assistant adjutants general

and additional general officers
shall hold their membership until they have reached seventy (70) years of age unless retired or discharged prior to that time. No officer possesses a property interest in any duty position. The adjutant general is the discharge authority for all officers except the adjutant general, for which the governor shall be that authority. Any officer may be discharged from the Wyoming
national guard
according to procedures established by orders and regulations prescribed or promulgated by the adjutant general or according to federal law and regulation. An officer discharged from the United States air force or army reserves or who has his federal recognition withdrawn shall also be discharged from the Wyoming
national guard
effective as of the date of
discharge from the reserves or withdrawal of federal recognition.

Section 2
.

W.S. 19
‑
7
‑
102(
a)(i
) through
(iii)
and 19
‑
7
‑
105
(a)(i) through
(iii) are repealed.

Section 3
.

This act is effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the
Senate
.

Chief Clerk

1