Z-143                 _______________________________________________

                                                   SENATE BILL NO. 3881

                        _______________________________________________

State of Washington                              49th Legislature                              1985 Regular Session

By Senators Talmadge and Rasmussen; by Military Department request

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

AN ACT Relating to the militia; and amending RCW 38.40.010.

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

        Sec. 1.  Section 13, chapter 130, Laws of 1943 and RCW 38.40.010 are each amended to read as follows:

Neither the state of Washington nor any member of the militia may be held liable in any civil action for damages arising out of any of the activities of the military forces of the state of Washington while engaged in federal training or duty under sections 316, 502, 503, 504, or 505 of Title 32, United States Code, nor shall members of the militia ordered into such federal training or duty be liable criminally for any act or acts done by them while on such duty.  Members of the militia ordered into active state service ((of the state)) by any proper authority shall not be liable civilly or criminally for any act or acts done by them while on such duty nor shall any action lie against any officer or enlisted man for any acts done by him in line of duty by virtue of any order ((which)) that may thereafter be held invalid by any civil court.  When a suit or proceeding shall be commenced in any court by any person against the state of Washington or any officer or enlisted man of the militia for any act done by such officer or enlisted man in his official capacity or in the discharge of any duty, or against any person acting under the authority or order of such officer or by virtue of any warrant issued pursuant to law, the defendant may require the person prosecuting or instituting the proceeding to give security for the payment of all costs that may be awarded to the defendant((, and the defendant in all cases may make a general denial and, under such general denial, give all other or any special defense matter in evidence)).  In case the plaintiff ((shall be)) is nonsuited or the verdict or judgment ((be)) is in favor of the defendant, treble costs shall be assessed against the plaintiff.  The defendant in ((such)) the action shall be defended by the attorney general at the expense of the state, but private counsel may also be employed by the defendant.  The venue of all such actions shall be Thurston county, and the state of Washington shall be in all cases a necessary party defendant.