The proposed bill, known as the "Defend the Guard Act," establishes restrictions on the deployment of the Wyoming National Guard into active duty combat. It asserts that the Wyoming National Guard cannot be released into active duty combat unless there is an official declaration of war by the United States Congress or an explicit action taken by Congress to call forth the National Guard for specific purposes, such as executing laws, repelling invasion, or suppressing insurrection. The bill emphasizes the importance of adhering to the constitutional separation of powers regarding war declarations and mandates that the governor must comply with these requirements.

Additionally, the bill amends existing law by inserting a provision that states the National Guard may be ordered into service by the President of the United States, but this is subject to the stipulations outlined in the new section regarding the Defend the Guard Act. The act is set to take effect on July 1, 2023.

Statutes affected:
Introduced: 19-9-204