SENATE BILL REPORT

ESSB 5097

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

Senate Hearing Date(s):January 26, 1989; January 31, 1989

Majority Report:  That Substitute Senate Bill No. 5097 be substituted therefor, and the substitute bill do pass.

      Signed by Senators McCaslin, Chairman; Thorsness, Vice Chairman; DeJarnatt, Sutherland.

Senate Staff:Desley Brooks (786-7443); Barbara Howard (786-7410)

                  March 8, 1989

AS PASSED SENATE, FEBRUARY 22, 1989

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:

Technical Changes.  References to obsolete RCW sections or changes in 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.

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.

Changes To Conform to State or Federal Law.  The Adjutant General may dismiss civilian employees in accordance with state or federal civil service law, and may make decisions regarding the use of military property only as permitted by state or federal 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 an organization 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 state militia need not be residents of Washington.

The authority of the officer promotion board to approve appointments of commissioned officers 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 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.

The Governor's control of the Guard property is restored.  Commissioned officers in the rank of captain or below are exempted from review by the officer promotion board.  Several technical changes are made.

Appropriation:    none

Revenue:    none

Fiscal Note:      available

Senate Committee - Testified: Col. Kevin Ryan, Staff Judge Advocate (pro)