FINAL BILL REPORT

SHB 98

                                   C 26 L 87

BYHouse Committee on Judiciary (originally sponsored by Representatives Niemi, Padden, Crane and Dellwo; by request of Washington State Military Department)

Revising state liability for injuries or damages resulting from national guard activities.

House Committe on Judiciary

Senate Committee on Judiciary

SYNOPSIS AS ENACTED

BACKGROUND:

In a recent case, the state of Washington was held liable for damages when a guardsman injured members of the federal armed services.  The members of the armed services could be compensated under federal law, and the Washington Supreme Court held that Washington state is liable for civil damages in the same way a private individual would be held liable.

The federal government treats members of the state militia as federal employees when the national guard is engaged in training or on national duty.  Under the federal tort claims act, the federal government accepts liability for the negligent acts of federal employees.

SUMMARY:

The Washington National Guard is given immunity from suit for damages for injuries caused by members of the militia when the members of the guard are considered federal employees under the federal tort claims act.

VOTES ON FINAL PASSAGE:

      House 95   0

      Senate    46     0

EFFECTIVE:April 6, 1987