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Committee advances bill to add state security officers to immunity provisions for use of force

2135780 · January 21, 2025
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Summary

The Transportation, Highways & Military Affairs Committee voted unanimously among members present to pass Senate File 26, adding defined "state security officers" in the Wyoming Military Department to statutory liability exemptions for defensive use of force; the measure takes effect July 1, 2025.

The Transportation, Highways & Military Affairs Committee on the 21st advanced Senate File 26, which adds a defined category of "state security officer" employed by the Wyoming Military Department to existing state statutory exemptions from personal liability when deadly force is used to protect priority military assets.

The bill was presented by Major General Greg Porter, the state's Adjutant General, and Lieutenant Colonel Karen Henkel, senior legal counsel to the Adjutant General, who said the statute fills a gap that left certain Military Department employees without liability protection under state law when acting to secure federally prioritized assets. Henkel said the measure creates Wyoming Stat. 6-2-603 and amends existing provisions in Wyoming Stat. 19-7-101(a) and 19-9-401 to add the new definition and extend the personal-liability exemption to state security officers.

Committee members asked no substantive questions during the presentation. There was no public comment registered online or in the hearing record. The committee moved, seconded and approved the bill on a roll call: Senator Anderson moved the bill, Senator Cooper seconded. Senators Anderson, Brennan, Cooper and Chairman Pappas voted aye; Senator Kolb was recorded as excused. The act is written to take effect July 1, 2025.

The committee chair indicated Senator Brennan will carry the bill to the Senate floor.

The bill text specifies that a "state security officer" means an employee of the Military Department whose primary duties include being armed and securing military assets controlled by the Military Department. The measure does not change federal requirements or describe operational rules for use of force; it only amends state statutory liability protections. No amendments were offered in committee.

The committee vote was recorded as 4 ayes, 1 excused. The bill packet and committee discussion referenced the statutory sections enumerated in the bill and the July 1, 2025 effective date.