FINAL BILL REPORT

SSB 5097

                              C 19 L 89

BYSenate Committee on Governmental Operations (originally sponsored by Senators Sutherland, Kreidler and Thorsness; by request of State Military Department)

Regarding the state militia.

Senate Committee on Governmental Operations

House Committe on State Government

SYNOPSIS AS ENACTED

BACKGROUND:

The Washington military code 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 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 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:

Changes are made to the Washington military code to make it consistent with other state and federal laws, to repeal outdated sections, to simplify unwieldy language and to make gender specific references neutral.

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.

The enlistment period for members of the National Guard must conform to federal regulations.  Members need not be residents of Washington, are not exempt from federal selective service and serve without pay unless so ordered by the Governor.  The Adjutant General establishes rules for appointments and officers' commissions in the State Guard.  Commissioned officers in the rank of captain or below are exempt from review by the officer promotion board and the authority of the board to approve appointments is removed.

The list of circumstances where expenses of the militia can be reimbursed or where the Governor may order a statewide enrollment is expanded to include instances of public disaster or imminent danger of war, riot, invasion, and similar emergencies.  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 if no federal pay is authorized.

The Adjutant General may dismiss civilian employees in accordance with state or federal civil service law.  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 an organization have cause for civil action.

The Governor's control of Guard property is restored.  The Adjutant General may make decisions regarding the use of military property only as permitted by state or federal law.  The State Guard may borrow arms and equipment from the federal government and participate in federal training, should opportunities become available.

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.

The following rights and responsibilities are extended to members on "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.

VOTES ON FINAL PASSAGE:

     Senate   47    0

     House 82  0

EFFECTIVE:July 23, 1989