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.