Bill would help creation of State Guard

By Bill Tallen
Posted 2/22/24

An important bill in the budget session of the Wyoming Legislature is our own Powell Sen. Dan Laursen’s Senate File 106 that amends existing statutes concerning the Wyoming State Guard. On …

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Bill would help creation of State Guard

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An important bill in the budget session of the Wyoming Legislature is our own Powell Sen. Dan Laursen’s Senate File 106 that amends existing statutes concerning the Wyoming State Guard. On Feb. 20, it was passed out of the Senate Appropriations Committee for an upcoming vote on the Senate floor, that we can expect in the next few days.

The story behind this bill begins in 1917, when the entire National Guard was mobilized by the federal government for service in World War I, resulting in complaints from the states about being stripped of the resources they traditionally relied upon to deal with crises like civil unrest or natural disasters. The federal government then authorized the states to raise State Guard forces as a second form of legal, organized militia that, unlike the National Guard, would remain under the command of their governor and not subject to federal activation.

These forces were raised in most states in both world wars, and again during the Cold War, and exist today in 22 states. They are volunteer forces acting in a supporting role to the National Guard and civil authorities in their state.

Our governor is authorized by law to organize a Wyoming State Guard, but this has never actually been done. Our statutes are now outdated, with language dating back decades, to a time when these state forces could only be raised and maintained when the National Guard had been deployed out of the state in federal service; and with other language that grants authority to U.S. Department of Defense — something that federal law never envisioned in the first place. Neither of those restrictions apply to State Guard and state defense forces under federal law today.

In today’s world, with wars and rumors of war abounding, and the FBI director issuing warnings about the threat of widespread terrorism or cyber-attack in America, it is unfortunately once again time to consider the possibility of large scale federal activation and deployment of our National Guard as happened in 1917, and the state’s potential vulnerability to both natural and man-made threats. Terrorist attacks or asymmetric warfare on American soil by foreign adversaries could overwhelm our capability to protect, respond or recover.

The Wyoming State Guard would be a low-cost, quickly deployable force multiplier, capable of supporting National Guard, homeland security, law enforcement, search and rescue, wildland firefighting and disaster response efforts with in-state, usually local volunteers. 

Highlighting the value of a trained, disciplined volunteer force are Wyoming’s particular circumstances: the sheer size of our state, the distance between our communities, the long response times and limited manpower of first responders, and especially the recruiting and retention issues now faced by law enforcement and other first responder organizations. For example, the total manpower of the Wyoming Army National Guard and Air National Guard is less than 3,000 even when none are deployed in federal service; the highway patrol employs a few more than 200 troopers statewide; in many rural areas, the first trooper or sheriff’s deputy responding to a 911 call can take a half hour or more to arrive. We are stretched thin in normal times, never mind in a crisis.

The trade-off for no federal authority is no federal funding, and these forces usually receive only minimal financial support from the state. Our statutes say that State Guard volunteers would only receive pay when activated under orders from the governor for specific, brief duration missions; and their benefits are limited to workers compensation during those activations under orders. Basic and advanced individual training could for the most part be obtained, as it is for many law enforcement reserves nationwide, from certified instructors volunteering their time in off-duty hours, at no cost to the state.

We have a strong tradition of volunteer service in Wyoming, with volunteer firefighters, county search and rescue teams, and neighbors stepping up to support neighbors in time of need. This would tap that spirit to create a powerful, leveraged tool for a wide variety of contingencies. We also have many military and law enforcement veterans who could bring their knowledge, skills and experience to bear in such an organization.

Sen. Laursen’s bill is a cost-free first step. It simply updates and clarifies the authority of the governor to organize the Wyoming State Guard if he chooses, by removing the archaic language that presently restricts his freedom of action. Passing this bill would not cost the state a penny; but it would establish a foundation for future action at the governor’s discretion.

If you agree that this is a prudent first step, please contact your state senator and representative and urge their support for SF 106. Votes to determine its fate will be taking place this week and next.

 

(Bill Tallen, whose experience includes a career in national security and law enforcement, helped Sen. Dan Laursen write the bill)

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