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HB0197 • 2023

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 duty combat as specified; and providing for an effective date.

Inactive

Wyoming marks this bill as inactive, which usually means it is no longer moving in the current session.

Sponsor
Representative Andrew
Last action
2023-02-07
Official status
inactive
Effective date
3/1/2023

Plain English Breakdown

The bill did not pass and is inactive, so its provisions are not currently in effect.

Defend the Guard Act

The Defend the Guard Act prohibits Wyoming's National Guard from being sent into active duty combat unless Congress declares war or takes a specific action.

What This Bill Does

  • Creates rules about when Wyoming’s National Guard can be called to active duty in combat situations.
  • Requires that for the National Guard to go into combat, there must be an official declaration of war by Congress or a special call from Congress under certain conditions.

Who It Names or Affects

  • The Wyoming National Guard and its members
  • The Governor of Wyoming

Terms To Know

Active duty combat
Performing services in the active federal military service of the United States, including participation in an armed conflict or performance of a hazardous service related to an armed conflict.
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 United States Constitution.

Limits and Unknowns

  • The bill is marked as inactive and did not pass in the current session.
  • It only applies to Wyoming's National Guard, not other states or military branches.
  • The act does not change how the National Guard can be used for support within U.S. territories.

Bill History

  1. 2023-02-07 House

    H:Died in Committee Returned Bill Pursuant to HR 5-4

  2. 2023-02-07 House

    H No report prior to CoW Cutoff

  3. 2023-01-24 House

    H Introduced and Referred to H08 - Transportation

  4. 2023-01-24 House

    H Received for Introduction

  5. 2023-01-21 LSO

    Bill Number Assigned

Current Bill Text

Read the full stored bill text 
23LSO-0256
2023
STATE OF WYOMING
23LSO-0256
Numbered
2.0

HOUSE BILL NO. HB0197

Defend the guard act.

Sponsored by: Representative(s) Andrew, Olsen, Pendergraft, Provenza, Singh and Western and Senator(s) Hutchings, Ide 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 duty 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 this act, creating 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 of expressly executing the laws of the union, repelling invasion or suppressing 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 providing 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, 2023
.

(END)

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HB0197