Please Note: The following summaries of legislation enacted during the 2004 Legislative Session were prepared by the Legal Services Division Staff for internal use by the Legislative Service Office.

 

This report is not an official publication of the Wyoming Legislature and does not purport to be an official statement of legislative intent concerning any measure  enacted by the Legislature.

 

The bill summaries contained in this report were prepared as an aid to locating enacted legislation and as a brief recap of the major provisions of each bill.  While the information provided in these summaries is accurate, the summaries are not intended as a detailed abstract and reference should be made to the enacted bills for more complete information.

 

Bill No.: HB0011                  Drafter:  JMC

 

LSO No.:  04LSO-0073.E2           Effective Date:  3/1/2004

 

Enrolled Act No.:  HEA0004

 

Chapter No.:       4

 

Prime Sponsor:     Joint Transportation and Highways Interim Committee

 

Catch Title:       Servicemembers Civil Relief Act.

 

Subject:  Provides national guard members with protections of federal Servicemembers Civil Relief Act if ordered to active state service for a period of more than thirty consecutive days.

 

 

Summary/Major Elements:

 

·        Currently, the statutes state that district courts shall have jurisdiction over the Soldiers and Sailors Civil Relief Act of 1940, the precursor of the current federal law.  The statutes do not specifically provide for protecting the service members under that law.

 

·        This bill provides national guardsmen who are ordered to active state service for a period of more than thirty consecutive days with the protections afforded under the current federal Servicemembers Civil Relief Act, Public Law 108-189.

 

·        The bill specifically disallows using the penalties under the federal law but does allow for a fine for violating the protections of the federal law.  The bill allows for the use of the Act as the basis for an action or as a defense.  The bill also specifies that court jurisdiction is not affected by use of the federal Servicemembers Civil Relief Act.