2019 Wyoming Statutes
Title 19 - Defense Forces and Affairs
Chapter 11 - Military Service Member Protections
Article 1 - Military Service Relief Act
Section 19-11-122 - Servicemembers Civil Relief Act; Application to National Guard; Penalty for Violation of Rights; Enforcement; Preferences.
19-11-122. Servicemembers Civil Relief Act; application to national guard; penalty for violation of rights; enforcement; preferences.
(a) Members of the Wyoming national guard ordered to active state service by the state or federal government for a period of more than thirty (30) consecutive days shall have all protections afforded to persons in the military service of the United States under the Servicemembers Civil Relief Act, Public Law 108-189. Except as provided in subsection (b) of this section, nothing in this subsection shall be construed to authorize the imposition of any penalty under the Servicemembers Civil Relief Act for violation of the protections afforded to members of the Wyoming national guard pursuant to this subsection. As used in this subsection, "active state service" means as defined in W.S. 19-7-101(a)(v).
(b) Any person who knowingly violates the protections provided to members of the Wyoming national guard pursuant to subsection (a) of this section or W.S. 19-11-125 shall be guilty of a misdemeanor punishable by a fine not to exceed one thousand dollars ($1,000.00).
(c) The protections afforded to members of the Wyoming national guard pursuant to subsection (a) of this section or W.S. 19-11-125 may serve as the basis for an action or as a defense. The courts of this state that would otherwise have jurisdiction over a case shall have jurisdiction over proceedings involving the Servicemembers Civil Relief Act, the Uniformed Services Employment and Reemployment Rights Act and W.S. 19-11-125, which shall be governed by the rules applicable to ordinary proceedings.
(d) The courts shall give preference in scheduling proceedings pursuant to subsection (c) of this section, upon the motion of any person in the uniformed services, or the person's attorney, who presents certification that the person has performed service in the uniformed services or is in service in the uniformed services.
