27-9-104(a)(viii) to accomplish the powers and duties in this

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.

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.

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.

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.

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

ARTICLE 2 - FISCAL PROVISIONS

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.

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.

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.

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.

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.  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.

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."

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.

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.

ARTICLE 3 - UNITED STATES MILITARY RESERVATIONS

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.

ARTICLE 4 - MILITARY ASSISTANCE TRUST FUND

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.