Z-0820.1 _______________________________________________
HOUSE BILL 1707
_______________________________________________
State of Washington 52nd Legislature 1991 Regular Session
By Representatives Anderson, Sheldon, McLean, R. King, Jacobsen, Broback and Wineberry; by request of Military Department.
Read first time February 6, 1991. Referred to Committee on State Government.
AN ACT Relating to the Washington state defense force; and amending RCW 38.04.010, 38.04.030, 38.12.095, 38.12.125, 38.12.170, 38.12.180, 38.14.006, 38.14.012, 38.14.018, 38.14.024, 38.14.030, 38.14.036, 38.16.015, 38.16.040, and 38.16.050.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 38.04.010 and 1989 c 19 s 1 are each amended to read as follows:
When used in this act, the following words, terms, phrases shall have the following meaning:
The word "militia" shall mean the military forces provided for in the Constitution and laws of the state of Washington.
The term "organized militia" shall be the general term to include both state defense force and national guard and whenever used applies equally to all such organizations.
The
term "national guard" shall mean that part of the military force of
the state that is organized, equipped and federally recognized under the
provisions of the national defense act of the United States, and, in the event
the national guard is called into federal service or in the event the state ((guard))
defense force or any part or individual member thereof is called into
active state service by the commander-in-chief, the term shall also include the
"Washington state ((guard)) defense force" or any
temporary organization set up in times of emergency to replace either the
"national guard" or "state ((guard)) defense force"
while in actual service of the United States.
The
term "state ((guard)) defense force" shall mean that
part of the military forces of the state that is organized, equipped, and
recognized under the provisions of the State Defense Forces Act of the United
States (32 U.S.C. Sec. 109, as amended).
The term "active state service" or "active training duty" shall be construed to be any service on behalf of the state, or at encampments whether ordered by state or federal authority or any other duty requiring the entire time of any organization or person except when called or drafted into the federal service by the president of the United States.
The term "inactive duty" shall include periods of drill and such other training and service not requiring the entire time of the organization or person, as may be required under state or federal laws, regulations, or orders, including travel to and from such duty.
The terms "in service of United States" and "not in service of United States" as used herein shall be understood to mean the same as such terms when used in the national defense act of congress and amendments thereto.
The term "military" refers to any or all of the armed forces.
The term "armory" refers to any state-owned building, warehouse, vehicle storage compound, organizational maintenance shop or other facility and the lands appurtenant thereto used by the Washington national guard for the storage and maintenance of arms or military equipment or the administration or training of the organized militia.
The term "member" refers to a soldier or airman of the organized militia.
Sec. 2. RCW 38.04.030 and 1989 c 19 s 3 are each amended to read as follows:
The militia
of the state of Washington shall consist of all able bodied citizens of the
United States and all other able bodied persons who have declared their
intention to become citizens of the United States, residing within this state,
who shall be more than eighteen years of age, and shall include all persons who
are members of the national guard and the state ((guard)) defense
force, and said militia shall be divided into two classes, the organized
militia and the unorganized militia.
Sec. 3. RCW 38.12.095 and 1989 c 19 s 16 are each amended to read as follows:
Whenever
a commissioned officer is to be appointed or promoted either to fill a vacancy
in the organized militia (Washington army national guard, Washington air
national guard and the Washington state ((guard)) defense force)
or for any other reason, the officer to be appointed or promoted shall be
selected by the officer promotion board. This selection in no way will change
the powers of the governor under RCW 38.12.060. This section in no way applies
to appointments or promotions to adjutant general or assistant adjutant
general, to the appointment of officers to the rank of captain, lieutenant, or
warrant officer, or to the promotion of second lieutenants, first lieutenants,
or warrant officers.
Sec. 4. RCW 38.12.125 and 1989 c 19 s 18 are each amended to read as follows:
The officer promotion board shall be composed as follows:
(1) For promotions or appointments of army national guard officers, the board will consist of the adjutant general, the assistant adjutant general army, and the five commanders senior in grade and date of rank in that grade in the Washington army national guard. If the board is selecting an officer for promotion to the rank of colonel, any member of the board who is a lieutenant colonel will be automatically disqualified and will not be replaced. If the board is selecting an officer for promotion to the rank of brigadier general, any member of the board who is a lieutenant colonel or who is a colonel will be automatically disqualified and will not be replaced.
(2) For promotions or appointments of air national guard officers, the board will consist of the adjutant general, the assistant adjutant general air, and the five commanders senior in grade and date of rank in that grade in the Washington air national guard. If the board is selecting an officer for promotion to the rank of colonel, any member of the board who is a lieutenant colonel will be automatically disqualified and will not be replaced. If the board is selecting an officer for promotion to the rank of brigadier general, any member of the board who is a lieutenant colonel or who is a colonel will be automatically disqualified and will not be replaced.
(3)
For promotions or appointments of state ((guard)) defense force
officers, the board will consist of the adjutant general, the assistant
adjutant general army, and the five officers senior in grade and in date of
rank in that grade in the state ((guard)) defense force. If the
board is selecting an officer for promotion to the rank of colonel, any member
of the board who is a lieutenant colonel will be automatically disqualified and
will not be replaced. If the board is selecting an officer for promotion to
the rank of brigadier general, any member of the board who is a lieutenant
colonel or who is a colonel will be automatically disqualified and will not be
replaced.
Sec. 5. RCW 38.12.170 and 1989 c 19 s 20 are each amended to read as follows:
The governor may terminate the membership of any commissioned or warrant officer of the organized militia of Washington for any of the following reasons:
(1) Conviction of an infamous crime;
(2) Absence from his or her command for more than thirty days without proper leave;
(3) Sentence of dismissal by court martial, duly approved;
(4) Upon muster out of the organization to which the officer is then assigned;
(5) Acceptance of the resignation of the officer, but no officer may be discharged or his or her resignation accepted while under arrest or against whom military charges have been preferred, or until he or she has turned over to his or her successor or satisfactorily accounted for all state and federal moneys and military property for which he or she is accountable or responsible;
(6) Removal of his or her actual residence to such distance from the station of his or her command as to render it impracticable for him or her to perform the duties of his or her office;
(7) Incompetence or unfitness for military service as determined by the duly approved findings of a board of officers appointed for that purpose by the adjutant general.
The
adjutant general shall annually appoint and convene qualitative retention
boards to review the military personnel records of officers who have completed
three or more years service in the Washington state ((guard)) defense
force to determine their retention potential and acceptability for
continuation in an active status. In the conduct of the reviews, the
regulation issued by the adjutant general to implement this provision shall
conform to the extent practicable to that governing the army national guard.
Sec. 6. RCW 38.12.180 and 1989 c 19 s 21 are each amended to read as follows:
Commissioned officers of the organized militia of Washington shall be retired by order of the commander-in-chief with the rank respectively held by them at the time of such retirement for the following reasons:
(1) Unfitness for military service by reason of permanent physical disability.
(2) Upon request after at least five years continuous service as an officer in the organized militia of Washington.
Commissioned
officers of the state ((guard)) defense force shall upon reaching
the age of sixty-four years be retired.
Retired officers shall draw no pay or allowance from the state unless recalled to service.
Retired officers are subject, with their consent, to temporary detail on active state service by the commander-in-chief, and while on such duty shall receive the same pay and allowances as officers of like rank on the active list.
Sec. 7. RCW 38.14.006 and 1989 c 19 s 23 are each amended to read as follows:
The
Washington state ((guard)) defense force will be available to
serve, at the call of the governor in the place of the national guard of the
state of Washington under the provisions of this title when the national guard
is in the service of the United States, or when otherwise ordered to active
state service by the governor. The Washington state ((guard)) defense
force shall consist of commissioned and warrant officers and enlisted
persons commissioned, warranted, or enlisted under the provisions of this
title. Persons enlisted under RCW 38.16.015 shall be enrolled in accordance
with regulations promulgated by the adjutant general.
Sec. 8. RCW 38.14.012 and 1989 c 19 s 24 are each amended to read as follows:
No
member of the Washington state ((guard)) defense force shall by
reason of such membership be exempt from federal military service under the
laws of the United States.
Sec. 9. RCW 38.14.018 and 1989 c 19 s 25 are each amended to read as follows:
Members
of the Washington state ((guard)) defense force shall serve
without pay except when on active state service with the state as defined in
RCW 38.04.010, or when serving on inactive duty as defined in RCW 38.04.010
under orders of the governor specifically authorizing pay. When ordered to
active state service or when serving on inactive duty in a pay status, members
of the Washington state ((guard)) defense force will be paid as
prescribed for members of the national guard in RCW 38.24.050, except longevity
adjustments for pay will be based solely on total service with the Washington
state ((guard)) defense force.
Sec. 10. RCW 38.14.024 and 1989 c 19 s 26 are each amended to read as follows:
The
governor may obtain from the federal government such arms and other equipment
and supplies as may be available for issue, donation or loan for the use of the
Washington state ((guard)) defense force. When such property is
provided by the federal government, it will be utilized, maintained, and
disposed of in accordance with federal requirements and with property rules and
regulations promulgated under the provisions of RCW 38.08.090.
Sec. 11. RCW 38.14.030 and 1989 c 19 s 27 are each amended to read as follows:
Members
of the Washington state ((guard)) defense force may participate
in such training opportunities as may be available from the federal government
and as approved by the adjutant general. Where required as a condition of such
participation, the military department may reimburse the federal government for
the costs of such training.
Sec. 12. RCW 38.14.036 and 1989 c 19 s 28 are each amended to read as follows:
The
adjutant general shall establish by regulation qualifications for appointment
of commissioned and warrant officers in the Washington state ((guard)) defense
force.
Sec. 13. RCW 38.16.015 and 1989 c 19 s 30 are each amended to read as follows:
The
period of enlistment in the Washington state ((guard)) defense force
shall be set by regulation by the adjutant general: PROVIDED, That no original
enlistment may be consummated unless the term thereof can be completed before
the applicant attains the age of sixty-four.
Sec. 14. RCW 38.16.040 and 1943 c 130 s 86 are each amended to read as follows:
In
order to afford the utmost protection to the state of Washington and to the
lives and property of citizens thereof, in times of emergency or anticipation
thereof, the governor, through the state military department may provide for
the organization and training of state ((guard)) defense force
reserve companies in communities not allocated a federally recognized or
authorized state ((guard)) defense force unit.
Sec. 15. RCW 38.16.050 and 1988 c 288 s 17 are each amended to read as follows:
To
assist the state of Washington in the event of mobilization of state and
federal military forces in the state, and notwithstanding other provisions of
the state military law and other regulations governing appointment and
promotion of officers and enlisted personnel of the Washington state ((guard))
defense force, members of the Washington committee for employer support
of the guard and reserve may be appointed to serve in a civil affairs unit of
the Washington state ((guard)) defense force. The rank shall be
determined by the adjutant general.