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                                                   SENATE BILL NO. 3880

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State of Washington                              49th Legislature                              1985 Regular Session

By Senators Talmadge and Owen; by Military Department request

Read first time 2/8/85 and referred to Committee on Judiciary.

AN ACT Relating to claims against the state judge advocate; and adding a new section to chapter 38.40 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1.  A new section is added to chapter 38.40 RCW to read as follows:

          The remedy  provided by RCW 4.92.010 for claims against the state excludes any other civil action or proceeding arising out of the act or omission of the state judge advocate, any of his or her assistants or designees, or of any paralegal or other supporting personnel of the organized militia while engaged in training or duty by order or under the authority of the adjutant general in a state or federal status.  However, if any such claim is cognizable under the Federal Tort Claims Act, as amended, because of the duty or training status of any such state judge advocate, assistant or designee, or paralegal or other supporting personnel from whose act or omission the claim arises, then the remedy against the United States provided by 28 U.S.C. Secs. 1346(b) and 2672 excludes any other state civil action or proceeding arising out of such act or omission.