HOUSE BILL REPORT

HB 1061

BYRepresentatives R. Fisher, McLean, Anderson, Sayan, Jacobsen and R. King; by request of  State Military Department

Revising provisions for the state militia.

House Committe on State Government

Majority Report:  The substitute bill be substituted therefor and the substitute bill do pass.  (9)

      Signed by Representatives R. Fisher, Chair; Anderson, Vice Chair; McLean, Ranking Republican Member; Hankins, R. King, Morris, Rector, Sayan and Silver.

House Staff:Barbara McLain (786-7135)

AS REPORTED BY COMMITTEE ON STATE GOVERNMENT FEBRUARY 7, 1989

BACKGROUND:

The Washington Military Code, codified in several chapters of Title 38 RCW, governs the organization, administration, and duties of the Military Department and the state militia.  The militia consists of both the National Guard and the State Guard. The National Guard is organized under the U.S. National Defense Act and serves both the Governor under state law and the President under federal law.  There are approximately 7,500 part- time members of the Washington National Guard, and some 1,500 full-time staff.  Part-time members generally train one weekend a month ("inactive duty") and enter "active state service" for two weeks a year.

The U.S. State Defense Forces Act also allows states to maintain independent forces separate from the National Guard.  The Washington State Guard, consisting of about 70 reservists, is governed wholly by state law and cannot be called into service by the President.  The state also employs about 110 FTE's in the Military Department, which is headed by an Adjutant General appointed by the Governor.

Although portions of the Military Code have been amended over the years, much of it dates from 1943.  Some sections are not consistent with other state or federal laws, or with current practice.  For example, the statutes do not clearly define the composition or rights of the State Guard.

SUMMARY:

SUBSTITUTE BILL:  The following changes are made to the Military Code of Washington:

Technical Changes.  References to obsolete RCW sections or altered federal laws and departments are corrected; numerous gender-specific references are made neutral; and unwieldy language is simplified.

Clarifying Changes.  Terms such as "active state service" and "inactive duty" are defined and used consistently throughout the Military Code.  "Armory" is defined as any state-owned property used by the National Guard for equipment storage or militia training.

Changes To Conform to State or Federal Law.  The Adjutant General may dismiss civilian employees in accordance with state or federal civil service law.  The enlistment period for members of the National Guard must conform to federal regulations.

Employers may not discriminate against members of the militia in hiring or reemployment decisions.  Individuals who have been discriminated against by an employer, club, or society have cause for civil action.

Changes Consistent with Current Practice.  The Washington State Guard is defined as that part of the militia recognized under the U.S. State Defense Forces Act and consists of officers and enlisted persons available to serve at the Governor's request.  Members serve without pay unless so ordered by the Governor and are not exempt from the federal selective service.  The Adjutant General establishes rules for appointments and officers' commissions in the State Guard.

Several outdated sections are repealed.

Other Changes.  Members of the organized militia need not be residents of Washington.

The authority of the Officer Promotion Board to approve appointments of commissioned officers below the rank of major is removed.

The State Guard may borrow arms and equipment from the federal government and participate in federal training, should the federal government ever make such opportunities available.

Militia officers no longer receive reimbursement from the state for travel expenses.  If called into state service by the Governor, militia members shall receive at least one and one-half times the federal minimum wage (rather than $30 per day) if no federal pay is authorized.

The following rights and responsibilities are extended to members in "inactive duty" status:  liability to be tried and punished under the Military Code of Justice; the right to receive pay and allowances; the right to relief from the state if injured or killed on duty.

SUBSTITUTE BILL COMPARED TO ORIGINAL:  Changes are made to improve the consistency of terms used in the Military Code and to remove unclear language regarding dismissal of officers and elimination of the residency requirement to be a member of the organized militia.  Authority to draw non-appropriated general fund monies in case of public disaster is removed.  The Officer Promotion Board shall continue to approve promotions and appointments of officers above the rank of major.  The Governor continues to direct the disposal of unsuitable property; the original bill made disposal directed by law.

Fiscal Note:      Not Requested.

House Committee ‑ Testified For:    Kevin Ryan, Military Department.

House Committee - Testified Against:      None Presented.

House Committee - Testimony For:    The Military Department operates from statutes over 45 years old; it is time to take a comprehensive look at these laws to improve consistency, conformity to other state and federal laws, and overall clarity and neatness.

House Committee - Testimony Against:      None Presented.