HB0098 Defend the Guard Act. | Wyoming Bill

Plain English Breakdown

The candidate explanation included claims about federal laws that are not explicitly mentioned in the official bill text.

Defend the Guard Act

The Defend the Guard Act sets rules for when Wyoming's National Guard can be sent into active duty combat.

What This Bill Does

Requires that before sending the Wyoming National Guard or state militia into active duty combat, Congress must declare war or take an official action pursuant to Article I, Section 8, Clause 15 of the U.S. Constitution.

Defines 'active duty combat' as participation in an armed conflict, performance of a hazardous service in a foreign state, or performance of a duty through an instrumentality of war.

Who It Names or Affects

The Wyoming National Guard

The Governor of Wyoming

Terms To Know

Active Duty Combat

Performing services in the active federal service of the United States, including participation in an armed conflict, performance of a hazardous service in a foreign state, or performance of a duty through an instrumentality of war.

Declaration of War

A formal statement by Congress that starts a war between countries.

Limits and Unknowns

The bill did not pass and was not signed into law.

It only applies to Wyoming's National Guard, not other states' guards or federal military forces.

Current Bill Text

Read the full stored bill text

20LSO-0331
2020
STATE OF WYOMING
20LSO-0331
Numbered
2.0

HOUSE BILL NO. HB0098

Defend the Guard Act.

Sponsored by: Representative(s) Lindholm, Barlow, Blackburn, Blake, Clem, Clifford, Duncan, Henderson, Hunt, Olsen and Pelkey and Senator(s) Biteman, Case, Hicks and Rothfuss

A BILL

for

AN ACT relating to defense forces and affairs; specifying requirements before the Wyoming national guard or state militia may be released from the state into active duty combat; and providing for an effective date.

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

Section 1
.

W.S. 19
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8
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101 by creating a new subsection (d), 19
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9
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103 by creating a new subsection (b) and 19
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9
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204(b) are amended to read:

19
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8
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101.

Organized and unorganized militia; defend the militia.

(d)

No militia of the state shall be released from the state into active duty combat except in accordance with W.S. 19
‑
9
‑
103(b).

19
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9
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103.

Manner of calling for duty; defend the guard.

(b)

Notwithstanding any other provision of law, the Wyoming national guard and any member thereof shall not be released from the state into active duty combat unless the United States congress has passed an official declaration of war or has taken an official action pursuant to article I, section 8, clause 15 of the United States constitution to explicitly call forth the Wyoming national guard and any member thereof for a purpose specified in article I, section 8, clause 15 of the United States constitution. The governor shall take all actions necessary to comply with the requirements of this subsection.

As used in this subsection, "active duty combat" means performing the following services in the active federal service of the United States:

(i)

Participation in an armed conflict;

(ii)

Performance of a hazardous service in a foreign state; or

(iii)

Performance of a duty through an instrumentality of war.

19
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9
‑
204.

Command of military force called into service.

(b)

Subject to W.S. 19
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9
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103(b), t
he national guard of the state may be ordered into the service of the United States by the president of the United States for any purpose for which he is authorized to use militia of the states by the constitution of the United States.

Section 2
.

This act is effective July 1, 2020
.

(END)

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HB0098