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Wyoming committee backs bill to protect military equipment, broaden state security officer protections

Joint Transportation, Highways & Military Affairs · September 13, 2024
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Summary

A Joint Transportation, Highways & Military Affairs committee unanimously voted to sponsor a bill that would privilege the use of reasonable force by state security officers, National Guard members and service members defending military equipment, and add liability protections for state security officers.

A legislative committee on Thursday unanimously voted to sponsor a bill that would add statutory protections for state security officers and members of the Wyoming National Guard who use force while defending military equipment.

Talise Hanson, a staff attorney with the Legislative Service Office, told the Joint Transportation, Highways & Military Affairs committee that bill draft 25 LSO 77 (version 0.6) would create a new Wyoming statute governing the use of force to defend military equipment and add state security officers to existing liability protections. The draft sets an effective date and an affirmative-defense start date of July 1, 2025, and includes conforming amendments to related statutes.

Chris Smith of the Wyoming Military Department, testifying for the department, said the change was intended to "close a loophole." "We have currently 17 state security officers who guard C-130 aircraft at the Cheyenne Airport," Smith said, describing those officers as trained to use deadly force where regulations authorize it. He urged the committee to keep the statute broad rather than listing specific pieces of equipment, saying the Department of Defense identifies "priority assets" and that a statutory list could become outdated.

Committee members discussed staff comments that the Legislature might require a judge advocate or servicing staff judge advocate to provide training or briefings; the staff note also suggested the committee consider defining "military equipment." Several members said they preferred a broad definition to avoid excluding property that could become a priority asset later.

With no public testimony, the committee moved the bill to sponsor status after a page-by-page review of staff comments. The committee recorded the sponsorship vote as unanimous.

The measure now goes forward for consideration by the full Legislature and will need the usual floor processes before it can become law. The draft includes an effective date of July 1, 2025, and an affirmative-defense provision that would apply to conduct on and after that date.