H-1733              _______________________________________________

                                            SUBSTITUTE HOUSE BILL NO. 98

                        _______________________________________________

                                                                            C 026 L 87

State of Washington                              50th Legislature                              1987 Regular Session

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

Read first time 2/18/87 and passed to Committee on Rules.

AN ACT Relating to the militia; adding a new section to chapter 38.40 RCW; creating a new section; and declaring an emergency.

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

NEW SECTION. Sec. 1.     The legislature recognizes that Congress has established comprehensive administrative programs to compensate members of the military forces for injuries they may incur while performing training for national defense.

NEW SECTION. Sec. 2.  A new section is added to chapter 38.40 RCW to read as follows:

          Neither the state of Washington, its officers, employees, or agents, 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 activities during which the officers, employees, agents, or members are considered employees of the federal government under the federal tort claims act, 26 U.S.C. Sec. 2671 et seq.

NEW SECTION. Sec. 3.     If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION. Sec. 4.                             This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect immediately.!ae Passed the House February 25, 1987.

Speaker of the House.

Passed the Senate March 27, 1987.

President of the Senate.