BILL REQ. #:  Z-0318.1 

Prefiled 12/09/08. Read first time 01/12/09.   Referred to Committee on State Government & Tribal Affairs.

     AN ACT Relating to militia records, property, command, and administration; and amending RCW 38.12.020.

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

Sec. 1   RCW 38.12.020 and 1989 c 19 s 12 are each amended to read as follows:
     The adjutant general shall:
     (((1) Keep rosters of all active, reserve, and retired officers of the militia, and all other records, and papers required to be kept and filed therein, and shall submit to the governor such reports of the operations and conditions of the organized militia as the governor may require.
     (2))) (1) Subject to the orders of the commander-in-chief, command the Washington national guard and recruit, train, maintain, and administer the organized militia of the state of Washington.
     (2) Supervise the preparation and submission of any records required by the federal government, the governor, or as otherwise required by law.
     (3) Maintain records of the organized militia and state military department as required by law. The adjutant general may deposit records with the state archivist for historical purposes.
     (4) Cause ((the military law, and such other military publications as may be necessary for the military service, to be prepared and distributed at the expense of the state, to the departments and units of the organized militia)) to be published and distributed to the organized militia at state expense necessary documents or publications, to include the Washington code of military justice.
     (((3))) (5) Keep just and true accounts of all moneys received and disbursed by ((him or her)) the military department.
     (((4))) (6) Attest all commissions issued to military officers of this state.
     (((5) Make out and transmit all militia reports, returns, and communications prescribed by acts of congress or by direction of the department of defense and the national guard bureau.
     (6) Have a seal, and all copies, orders, records, and papers in his or her office, duly certified and authenticated under the seal, shall be evidence in all cases in like manner as if the originals were produced. The seal now used in the office of the adjutant general shall be the seal of his or her office and shall be delivered by him or her to the successor.))
     (7) Be the custodian of the seal of the office of adjutant general and deliver the same to his or her successor. All orders issued from ((his or her)) the office of the adjutant general shall be authenticated with the seal. Orders or records under the seal shall be prima facie proof of certification or authenticity.
     (((7) Make)) (8) Promulgate in orders such regulations pertaining to the ((preparation of reports and returns and to the use, maintenance, care, and preservation of property in possession of the state for military purposes, whether belonging to the state or to the United States)) operation and function of the state military department and organized militia, as in his or her opinion the conditions demand.
     (((8))) (9) Attend to the care, preservation, safekeeping, and repairing of ((the arms, ordinance, accoutrements, equipment, and)) all ((other)) military property belonging to the state, or issued to the state by the United States for military purposes((, and keep accurate accounts thereof)). Any property of the state military department which, after proper inspection, is found unsuitable or no longer needed for use of the ((state military forces,)) organized militia shall be disposed of in such manner as the governor shall direct and the proceeds thereof used for replacements in kind or by other needed authorized military supplies, and the adjutant general may execute the necessary instruments of conveyance to effect such sale or disposal.
     (((9))) (10) Issue the military property as the necessity of service requires and make purchases for that purpose. ((No military property shall be issued or loaned to persons or organizations other than those belonging to the militia, except as permitted by applicable state or federal law.
     (10) Keep on file in his office the reports and returns of military units, and all other writings and papers required to be transmitted to and preserved at the general headquarters of the state militia.
     (11) Keep all records of volunteers commissioned or enlisted for all wars or insurrections, and of individual claims of citizens for service rendered in these wars or insurrections, and he or she shall also))
     (11) Be the custodian of all ((records,)) military relics, trophies, colors, and histories ((relating to such wars)) now in possession of, or which may be acquired by, the state.
     (((12) Establish and maintain as part of his or her office a bureau of records of the services of the organized militia of the state, and upon request furnish a copy thereof or extract therefrom, attested under seal of his or her office, and such attested copy shall be prima facie proof of service, birthplace, and citizenship.
     (13))) (12) Keep a record of all real property owned or used by the state for military purposes, and in connection therewith he or she shall have sole power to execute all leases to acquire the use of real property by the state for military purposes, or lease it to other agencies for use for authorized activities. The adjutant general shall also have full power to execute and grant easements for rights-of-way for construction, operation, and maintenance of utility service, water, sewage, and drainage for such realty.