Z-552                 _______________________________________________

                                                     HOUSE BILL NO. 98

                        _______________________________________________

State of Washington                              50th Legislature                              1987 Regular Session

By Representatives Niemi, Padden, Crane and Dellwo; by request of Washington State Military Department

Read first time 1/16/87 and referred to Committee on Judiciary.

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 in 1981 amended the federal tort claims act to permit persons injured or damaged as a result of national guard training activities to sue the United States and 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.

          The legislature finds that Congress has recognized that the nation as a whole derives a benefit from the training conducted by the Washington national guard and that the training is conducted in accordance with federal military directives and programs.

          In view of this congressional action, it is the intent of the legislature that the state of Washington and its officers, employees, and agents have no risk of legal liability for injuries or damages arising from Washington national guard training or duty when that training or duty is done in furtherance of the 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 training or duty under sections 316, 502, 503, 504, 505, or 709 of Title 32, United States Code.

NEW SECTION. Sec. 3.     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.