Chapter 14 - Veterans
CHAPTER 14 - VETERANS
19-14-101. Burial of indigents.
(a) The board of county commissioners of each county shallprovide for the preparation of the body and transmittal to and burial in theveteran's cemetery of any other than a dishonorably discharged veteran of thearmed forces of the United States who served on behalf of the United States inany war or conflict as defined in section 101, title 38, United States Code andwho dies leaving insufficient funds to defray the necessary funeral expenses.The amount expended for transporting the body shall not exceed five hundreddollars ($500.00).
(b) Before assuming charge and expense for preparation andtransmittal of the body and burial, each board of county commissioners shallfirst determine according to procedures they establish that the deceasedveteran of the armed forces of the United States whose body they are calledupon to bury served in the armed forces of the United States during World WarII or any preceding war in which the United States was a party or during theKorean or Vietnam conflicts, was other than dishonorably discharged and died inthe county leaving insufficient means to defray the necessary funeral expenses.
(c) The county commissioners of each county, shall:
(i) Keep a complete record of all the facts relating to anyveteran of the armed forces of the United States who is buried in accordancewith this section; and
(ii) Draw a warrant on the treasurer of their county for thepayment of the expenses out of the general funds of the county.
19-14-102. Employment; preference in public departments or publicworks; qualifications and residence.
(a) In every public department and upon all public works inWyoming, members of the United States military establishment in any war orconflict as defined in section 101, title 38, United States Code, honorablydischarged from service, and the widows of members during widowhood, shall bepreferred for appointment or employment. Age or other physical impairment whichdoes not in fact materially incapacitate shall not disqualify them fromreceiving preference if they possess the business capacity, competency,education or other qualifications for discharge of the duties required. If thedisabilities do not materially interfere with performance of the duties, thedisabled veterans or widows shall be given preference over employment ofable-bodied veterans and widows. A veteran or widow who has not been a residentof the state of Wyoming for a period of one (1) year or more immediatelypreceding date for appointment or employment is not entitled to preferenceunder this section and for municipal or county employment, no preference shallbe granted unless the applicant under this section is a resident of themunicipality or county in which employment is sought.
(b) Each official or person having power of appointment in thepublic service is charged with the faithful compliance with the duties hereinprescribed.
(c) Whenever a veteran of any war or conflict as defined insection 101, title 38, United States Code, takes any examination under themerit system of Wyoming, the veteran shall be allowed a five (5) pointadvantage over any nonveteran competitor for the same position or proposedemployment, and if the veteran has a service connected disability of tenpercent (10%) or more the advantage given shall be ten (10) points. Thissection applies only to bona fide residents of Wyoming at the time of theirentry into the armed service of the United States and who are at the time oftaking the examination bona fide residents of Wyoming.
19-14-103. Honorably discharged considered to be sui juris as to G.I.bill of rights.
Eachperson eighteen (18) years of age who receives an honorable discharge from thearmed service of the United States after having served at least three (3)months in the armed services, shall be considered as having attained the age ofmajority in connection with all property and contractual rights and liabilitiesupon his obtaining the discharge. This section is applicable only to provisionsof Public Law 346, statutes-at-large Seventy-Eighth Congress, 1944, secondsession.
19-14-104. Recordation of discharges.
(a) Each Wyoming county clerk shall record in his officewithout charge of any fee a certificate of discharge or other separation fromservice documents from any person who has served in the United States armedforces at any time, and who has been honorably discharged or relieved fromactive service.
(b) All documents filed under this section on and after July 1,2003, shall be kept confidential and shall be available only to the dischargedperson, that person's authorized agent, that person's dependents, the veterans'service officer, the Wyoming veteran's commission, a peace officer or by courtorder.
(c) Any person who has recorded a certificate of discharge orother separation from service documents prior to July 1, 2003 may request thatall filed documents which have not been commingled be transferred or rerecordedwithout charge of any fee and kept as a confidential file pursuant tosubsection (b) of this section.
(d) A county clerk shall, to the greatest extent practical,take appropriate protective actions in accordance with any limitationsdetermined necessary by him with regard to records that were filed with orplaced in storage by a county clerk prior to July 1, 2003.
(e) Ten (10) years after the death of the veteran, or, if the dateof death of the veteran is unknown, one hundred (100) years from the time ofdischarge or release from active service, the county clerk may transfer thedocuments filed under this section to a public archive.
19-14-105. Use of pensions for support in state institutionsprohibited; exception; penalty.
Nostate institution shall take any part of the pension of any war veteran for hissupport or maintenance except, in the case of a veteran who is or who may beconfined in any charitable institution of Wyoming. The pension of the veteranin excess of four hundred twenty dollars ($420.00) per month may be used forsupport and maintenance if the veteran has no dependents. Any officer of astate institution or other person violating the provisions of this section uponconviction shall be fined not less than one hundred dollars ($100.00) nor morethan seven hundred fifty dollars ($750.00) for each offense.
19-14-106. Free tuition and fees for education of war orphans andveterans; definitions.
(a) As used in this section:
(i) "Eligible person" includes the surviving spouseand dependent of any person who was a resident of Wyoming at the time ofentering into active state service or active service with the military forcesof the United States; and
(A) Whose death was service connected, as defined in 81 Stat.181, 38 U.S.C. 101, or is listed officially in the military records of theUnited States as being a prisoner of war or missing in action as a result ofactive state service or active service with the military forces of the UnitedStates; or
(B) Who was honorably discharged from the military forces ofthe United States and thereafter died of an injury or disease incurred while inactive state service or active service with such military forces, being aresident at the time of death.
(ii) "Vietnam veteran" means any person who:
(A) Was in active service with the military forces of theUnited States and received a Vietnam service medal between August 5, 1964 toMay 7, 1975; and
(B) Received a discharge from the military forces of the UnitedStates other than dishonorably; and
(C) Has been a resident of Wyoming for not less than one (1)year.
(iii) "Academic year" means the twelve (12) monthperiod beginning with the commencement of the fall semester for the Universityof Wyoming and with the commencement of the summer semester for communitycolleges;
(iv) "Combat veteran surviving spouse or dependent"means a person who is a surviving spouse or dependent of any overseas combatveteran or Vietnam veteran when the overseas combat veteran or Vietnam veteranwas a resident of Wyoming for at least one (1) year prior to entering activeservice and the overseas combat veteran or Vietnam veteran died during activeservice. For purposes of this paragraph, a child is a combat dependent only ifhe was under twenty-two (22) years of age at the time his parent or legalguardian died in overseas combat during active service;
(v) "Overseas combat veteran" means a person otherthan a Vietnam veteran who was a resident of Wyoming for at least one (1) yearprior to entering into active service, who is an honorably discharged veteranwho served in the military service of the United States and who was awarded thearmed forces expeditionary medal or other authorized service or campaign medalindicating service to the United States in any armed conflict in a foreigncountry.
(b) The state or any political educational subdivision shallprovide free tuition, matriculation and other fees to all eligible persons who areresidents of this state and who are attending or may attend any stateinstitutions in elementary, secondary and college grades, business colleges,state vocational training schools or other educational institutions of thisstate where courses of instruction are provided in subjects which would tend toenable the eligible persons to engage in any useful trade, occupation orprofession.
(c) Repealed By Laws 2007, Ch. 91, 3.
(d) The community college commission shall reimburse theUniversity of Wyoming and each community college for the costs of tuition andfees provided under this section. If insufficient funds are appropriated, thereimbursement shall be proportionally reduced based on tuition and feeexpenses. The commission shall promulgate rules for the implementation of thefree tuition and fees pursuant to subsections (f) through (k) of this section,including the reimbursement to the university and community colleges.
(e) The community college commission shall submit to the jointappropriations and the joint education interim committees by October 1, 2006, areport identifying the actions taken and monies expended pursuant to this actand shall submit the report annually thereafter on October 1.
(f) Any person who is a Vietnam veteran, not presentlyreceiving education benefits under the Servicemen's Readjustment Act of 1944,as amended, an overseas combat veteran, a combat veteran surviving spouse or acombat veteran dependent shall receive free tuition and fees for up to a totalof ten (10) semesters of study at the University of Wyoming or any Wyomingcommunity college. The University of Wyoming and all Wyoming communitycolleges shall cooperate to ensure that a total of not more than ten (10)semesters is provided under this section to any recipient. No person shall beeligible for the benefits provided under this section for any semestercommencing more than eight (8) academic years after the semester in which theperson initially receives benefits under this section. The institution inwhich the student enrolls shall grant exceptions to the requirements of thissubsection for military service, religious service or other good cause shown,which exceptions shall be consistent with rules promulgated by the Wyomingdepartment of education for the Hathaway scholarship program under W.S.21-16-1303(d).
(g) In order to qualify for the benefit under this section, aperson claiming eligibility as:
(i) An overseas combat veteran for free tuition and fees underthis section shall enroll at the University of Wyoming or a Wyoming communitycollege not later than ten (10) years following completion of military service;
(ii) A combat veteran surviving spouse shall enroll at theUniversity of Wyoming or a Wyoming community college not later than ten (10)years following the death of the combat veteran;
(iii) A combat veteran dependent shall be under twenty-two (22)years of age at the time of enrollment at the University of Wyoming or aWyoming community college.
(h) The institution in which the student enrolls shall grantexceptions to the requirements of this subsection for military service,religious service or other good cause shown, which exceptions shall beconsistent with rules promulgated by the Wyoming department of education forthe Hathaway scholarship program under W.S. 21-16-1303(b)(iii)(B). There is nolimitation as to when a Vietnam veteran not presently receiving educationbenefits under the Servicemen's Readjustment Act of 1944, as amended, mayenroll and begin receiving benefits under this section.
(j) A person who had qualified for free tuition and fees undersubsection (f) or (g) of this section, shall be deemed eligible for the freetuition and fees at any Wyoming community college or the University of Wyomingup to the maximum number of semesters of study allowed under subsection (a) ofthis section, if the person transfers to another institution specified insubsection (a) of this section.
(k) To remain eligible for benefits under this section, by theend of the spring semester completing the student's third or fourth semester ofattendance, the student shall have a cumulative grade point average of at leasttwo point zero (2.0) and shall maintain a cumulative grade point average of atleast two point zero (2.0) at the end of each subsequent spring semester tocontinue to receive the free tuition and fees.
19-14-107. Creation of veterans' commission; composition; terms.
(a) A Wyoming veterans' commission is created within themilitary department consisting of twelve (12) members, not less than one (1) ofwhom shall reside in each judicial district identified in W.S. 5-3-101,appointed by the governor for staggered terms of three (3) years. Commencingwith initial appointments made in 2005, four (4) members of the board shall beappointed for a term of one (1) year, four (4) members for a term of two (2)years and four (4) members for a term of three (3) years. Terms thereaftershall be three (3) years and staggered with one-third (1/3) of the members'terms expiring each year. Appointments shall be made without regard topolitical affiliation, sex, religion or ethnic background. The governor mayremove any member as provided in W.S. 9-1-202. A chairman shall be elected bythe commission from among its members and a new chairman elected every two (2)years thereafter.
(b) The commission shall meet at least once a year and at thecall of the governor. Members shall be reimbursed according to W.S. 9-3-102and 9-3-103 for per diem and travel expenses incurred in the performance oftheir duties.
(c) The commission shall:
(i) Study all federal and state legislation affecting veterans,their spouses, dependents and beneficiaries;
(ii) Establish liaison with agencies dealing with veteran'saffairs;
(iii) Make recommendations to the legislature and to the governorconcerning veterans; and
(iv) Adopt policies and procedures necessary to administer theveteran burial team account pursuant to W.S. 19-14-109.
19-14-108. Veterans' cemetery; acquisition and maintenance; eligibilityfor burial.
(a) Military department, with the approval of the veterans'commission, may acquire a site in this state to be used to establish a cemeteryfor the interment of veterans of the United States armed forces and forqualified family members of eligible veterans. The approval of the localgoverning body of the county in which the proposed site is located shall beobtained prior to any acquisition of land for this purpose. The department,with the approval of the commission, is empowered to receive any lands grantedto the state or any of its political subdivisions. All military cemeteriescurrently owned by the state of Wyoming shall be operated and controlled by themilitary department.
(b) The military department shall supervise and control aveterans' cemetery established under this section. All personnel, equipment andsupport necessary for maintenance and operation of the cemetery shall beincluded in the budget of the military department. All employees shall be underthe state personnel system.
(c) Any veteran who received any discharge, other than adishonorable discharge, from the armed forces of the United States is eligiblefor burial in the state veterans' cemetery and any indigent veteran shall beburied in the cemetery without charge except such funds as may be availablefrom the veteran's administration and the social security burial allowance, ifany, shall be paid to the cemetery director. Such funds collected shall beapplied to the cemetery for capital improvements and shall not be paid to thegeneral fund of the state.
(d) Any eligible veteran, qualified family member, or thesurvivors of an eligible veteran or qualified family member, or a county underW.S. 19-14-101, in the veteran's behalf, may apply for a burial plot in thestate veterans' cemetery by submitting a request to the cemetery director onforms supplied by the military department and available from the cemeterydirector. The department, in consultation with the commission, shall allotavailable burial plots on a first come, first served basis. There shall be nocharge made for any burial plot. There shall be no charge for the interment ofany eligible veteran. The director of the Oregon Trail veteran's cemeteryshall apply to the veterans administration for payment of any allowable plot orinterment allowance.
(e) A spouse or a handicapped or minor child of a veteran whoqualifies for burial as provided in subsection (c) of this section may alsoqualify for burial in the state veterans' cemetery, if the interment of thequalified family member is in the same burial plot as that provided for theveteran and the interment is either above or below the veteran. The department,in consultation with the commission, shall establish a fee schedule which may beadjusted from time to time for burial of family members. The fees shall coveras nearly as practicable the actual costs of interments. The department, inconsultation with the commission, may accept the social security burialallowance, if any, of the qualified family member in an amount not to exceedthe actual cost of the interment.
19-14-109. Veteran burial teams.
(a) The veteran burial team account is created. Subject topolicies and procedures adopted by the veterans' commission, Wyoming veteran burialteams who have contracted with the commission may apply for payment for theperformance of military funeral duties not to exceed fifty dollars ($50.00) perfuneral. The commission shall also maintain a list of registered veteran burialteams and provide that list upon request.
(b) Any claim made pursuant to this section shall be made tothe veterans' commission. The commission shall review and act upon all claimssubmitted under subsection (a) of this section no later than June 30 followingthe calendar year in which expenses were incurred for the claim submitted. Ifafter deducting and paying the commission's administrative expenses inprocessing claims there are insufficient funds within the veteran burial teamaccount to pay all approved claims, the commission shall prorate reimbursementamong all approved claims. Payments authorized through the commission pursuantto this section shall be paid by the state treasurer by warrant issued by thestate auditor upon vouchers signed by the state veterans' service officer orhis designee.
(c) As used in this section, "veteran burial team"means any group of veterans that the commission has contracted with, pursuantto policies and procedures, to perform military services within the state ofWyoming authorized by the commission during the burial of any decedent who hasreceived any military discharge, other than a dishonorable discharge, from thearmed forces of the United States.