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HB0208 • 2021

Defend the guard act.

AN ACT relating to the Wyoming national guard; providing legislative findings; prohibiting the release of the Wyoming national guard into active combat as specified; and providing for an effective date.

Did Not Pass

The latest official action shows that this bill did not move forward in that session.

Sponsor
Representative Andrew
Last action
2021-03-08
Official status
inactive
Effective date
3/1/2021

Plain English Breakdown

The bill summary and text do not provide details on what constitutes 'hazardous services' or 'duties through an instrumentality of war'.

Defend the Guard Act

The Defend the Guard Act prohibits the release of Wyoming's National Guard into active combat unless Congress declares war or takes specific actions under the Constitution.

What This Bill Does

  • Prohibits the release of Wyoming's National Guard into active duty combat unless Congress has declared war or taken an official action to call forth the guard for specific purposes as outlined in the U.S. Constitution.

Who It Names or Affects

  • The Governor of Wyoming
  • Members of the Wyoming National Guard

Terms To Know

Active Duty Combat
Performing services such as participating in an armed conflict, performing hazardous services related to an armed conflict in a foreign state, or performing duties through an instrumentality of war.
Official Declaration of War
An official declaration of war made by the United States Congress pursuant to Article I, Section 8, Clause 11 of the U.S. Constitution.

Limits and Unknowns

  • The bill did not pass and was never introduced in the legislature.
  • It only applies to Wyoming's National Guard, not other states or federal military forces.

Bill History

  1. 2021-03-08 House

    H Did Not Consider for Introduction

  2. 2021-03-08 House

    H Did not Consider for Introduction

  3. 2021-03-04 House

    H Received for Introduction

  4. 2021-03-02 LSO

    Bill Number Assigned

Current Bill Text

Read the full stored bill text 
21LSO-0622
2021
STATE OF WYOMING
21LSO-0622
Numbered
2.0

HOUSE BILL NO. HB0208

Defend the guard act.

Sponsored by: Representative(s) Andrew, Bear, Blackburn, Burt, Clifford, Duncan, Gray, Hallinan, Haroldson, Hunt, Ottman, Provenza, Romero-Martinez, Western, Wharff and Zwonitzer and Senator(s) Bouchard, Case, Hutchings and Rothfuss

A BILL

for

AN ACT relating to the Wyoming national guard; providing legislative findings; prohibiting the release of the Wyoming national guard into active combat as specified; and providing for an effective date.

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

Section 1
.

The Wyoming legislature finds that the Defend The Guard Act follows the principles embodied in the United States Constitution and the writings of the founders.

Article I, section 8, of the United States constitution vests in the congress the exclusive power to declare war. By abdicating the war powers to the executive
branch, the United States congress has failed to follow the United States constitution and the intent of the founders.

Section 2.

W.S. 19
‑
9
‑
104 is created to read:

19
‑
9
‑
104.

Defend the guard act.

(a)

This section shall be known and may be cited as the "Defend the Guard Act".

(b)

For the purposes of this section:

(i)

"Active duty combat" means performing the following services in the active federal military service of the United States:

(A)

Participation in an armed conflict;

(B)

Performance of a hazardous service relating to an armed conflict in a foreign state; or

(C)

Performance of a duty through an instrumentality of war.

(ii)

"Official declaration of war" means an official declaration of war made by the United States congress pursuant to article I, section 8, clause 11 of the United States constitution.

(c)

Notwithstanding any other provisions 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 the enumerated purposes to expressly execute the laws of the union, repel invasion or suppress an insurrection. The governor shall take all actions necessary to comply with the requirements of this section.

(d)

Nothing in this section limits or prohibits the governor from consenting to the deployment of any Wyoming
national guard member under title 32 of the United States code for the purpose of defense support for civil authority missions within the United States and United States territories.

Section 3.

W.S. 19
‑
9
‑
204(b) is amended to read:

19
‑
9
‑
204.

Command of military force called into service.

(b)

Subject to W.S. 19
‑
9
‑
104 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 4
.

This act is effective July 1, 2021
.

(END)

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HB0208