Wyoming 2025 Regular Session

Wyoming House Bill HB0265 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	2025
2	2	STATE OF WYOMING
3	3	25LSO-03571HB0265
4	4	HOUSE BILL NO. HB0265
5	5	Defend the guard act.
6	6	Sponsored by: Representative(s) Singh, Andrew and Kelly and
7	7	Senator(s) Ide, Olsen and Rothfuss
8	8	A BILL
9	9	for
10	10	1 AN ACT relating to the Wyoming national guard; providing
11	11	2 legislative findings; prohibiting the release of the
12	12	3 Wyoming national guard into active duty combat as
13	13	4 specified; and providing for an effective date.
14	14	5
15	15	6
16	16	7
17	17	8. The Wyoming legislature finds that this
18	18	9 act, creating the Defend the Guard Act, follows the
19	19	10 principles embodied in the United States constitution and
20	20	11 the writings of the founders. Article I, section 8 of the
21	21	12 United States constitution vests in the congress the
22	22	13 exclusive power to declare war. By abdicating the war
23	23	14 powers to the executive branch, the United States congress 2025STATE OF WYOMING25LSO-03572HB0265
24	24	1 has failed to follow the United States constitution and the
25	25	2 intent of the founders.
26	26	3
27	27	4W.S. 19-9-104 is created to read:
28	28	5
29	29	6
30	30	7
31	31	8 (a) This section shall be known and may be cited as
32	32	9 the "Defend the Guard Act".
33	33	10
34	34	11 (b) For the purposes of this section:
35	35	12
36	36	13 (i) "Active duty combat" means performing the
37	37	14 following services in the active federal military service
38	38	15 of the United States:
39	39	16
40	40	17 (A) Participation in an armed conflict;
41	41	18
42	42	19 (B) Performance of a hazardous service
43	43	20 relating to an armed conflict in a foreign state; or
44	44	21
45	45	22 (C) Performance of a duty through an
46	46	23 instrumentality of war. 2025STATE OF WYOMING25LSO-03573HB02651
47	47	2 (ii) "Official declaration of war" means an
48	48	3 official declaration of war made by the United States
49	49	4 congress pursuant to article I, section 8, clause 11 of the
50	50	5 United States constitution.
51	51	6
52	52	7 (c) Notwithstanding any other provisions of law, the
53	53	8 Wyoming national guard and any member thereof shall not be
54	54	9 released from the state into active duty combat unless the
55	55	10 United States congress has passed an official declaration
56	56	11 of war or has taken an official action pursuant to article
57	57	12 I, section 8, clause 15 of the United States constitution
58	58	13 to explicitly call forth the Wyoming national guard and any
59	59	14 member thereof for the enumerated purposes of expressly
60	60	15 executing the laws of the union, repelling invasion or
61	61	16 suppressing an insurrection. The governor shall take all
62	62	17 actions necessary to comply with the requirements of this
63	63	18 section.
64	64	19
65	65	20 (d) Nothing in this section limits or prohibits the
66	66	21 governor from consenting to the deployment of any Wyoming
67	67	22 national guard member under title 32 of the United States
68	68	23 Code for the purpose of providing defense support for civil 2025STATE OF WYOMING25LSO-03574HB0265
69	69	1 authority missions within the United States and United
70	70	2 States territories.
71	71	3
72	72	4W.S. 19-9-204(b) is amended to read:
73	73	5
74	74	6
75	75	7
76	76	8
77	77	9 (b) he national guard of
78	78	10 the state may be ordered into the service of the United
79	79	11 States by the president of the United States for any
80	80	12 purpose for which he is authorized to use militia of the
81	81	13 states by the constitution of the United States.
82	82	14
83	83	15. This act is effective July 1, 2025
84	84	16
85	85	17 (END)