Z-239 _______________________________________________
SENATE BILL NO. 5097
_______________________________________________
State of Washington 51st Legislature 1989 Regular Session
By Senators Sutherland, Kreidler and Thorsness; by request of State Military Department
Read first time 1/13/89 and referred to Committee on Governmental Operations.
AN ACT Relating to the state militia; amending RCW 38.04.010, 38.04.020, 38.04.030, 38.04.040, 38.08.010, 38.08.030, 38.08.040, 38.08.050, 38.08.070, 38.08.090, 38.12.010, 38.12.020, 38.12.030, 38.12.060, 38.12.070, 38.12.095, 38.12.115, 38.12.125, 38.12.150, 38.12.170, 38.12.180, 38.12.200, 38.16.010, 38.16.020, 38.16.030, 38.20.010, 38.20.040, 38.20.050, 38.24.010, 38.24.050, 38.24.060, 38.32.010, 38.32.020, 38.32.070, 38.32.080, 38.32.090, 38.32.120, 38.40.010, 38.40.020, 38.40.030, 38.40.040, 38.40.050, 38.40.060, 38.40.100, 38.40.110, 38.40.120, 38.40.130, 38.44.010, 38.44.020, 38.44.030, 38.44.040, 38.44.050, 38.44.060, and 38.48.050; repealing RCW 38.08.080, 38.40.071, 38.40.080, and 38.40.160; adding new sections to Title 38 RCW; adding a new section to chapter 38.16 RCW; and creating a new section.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. Section 12, chapter 130, Laws of 1943 as amended by section 133, chapter 220, Laws of 1963 and RCW 38.04.010 are each amended to read as follows:
When used in this act, the following words, terms, phrases shall have the following meaning:
The word "militia" shall mean the military forces provided for in the Constitution and laws of the state of Washington.
The term
"organized militia" shall be the general term to include both state
and national guard and whenever used applies equally to all such organizations
((and shall be analogous to "state military forces" as defined in
RCW 38.38.004)).
The term "national guard" shall mean that part of the military force of the state that is organized, equipped and federally recognized under the provisions of the national defense act of the United States, and, in the event the national guard is called into federal service or in the event the state guard or any part or individual member thereof is called into active state service by the commander-in-chief, the term shall also include the "Washington state guard" or any temporary organization set up in times of emergency to replace either the "national guard" or "state guard" while in actual service of the United States.
The term "state guard" shall mean that part of the military forces of the state that is organized, equipped, and recognized under the provisions of the State Defense Forces Act of the United States (32 U.S.C. Sec. 109, as amended).
The term
"active state service" or "active training duty"
shall be construed to be any service on behalf of the state, or at encampments
whether ordered by state or federal authority or any other duty requiring the
entire time of any organization or person except when called or drafted into
the federal service by the president of the United States ((and shall be
analogous to "active state duty" as defined in RCW 38.38.004)).
The term
"((on active)) inactive duty" shall include periods of
drill and such other training and service not requiring the entire time of the
organization or person, as may be required under state or federal laws,
regulations, or orders, including travel to and from such duty ((and shall
be analogous to "duty status other than active state duty" as defined
in RCW 38.38.004)).
The terms "in service of United States" and "not in service of United States" as used herein shall be understood to mean the same as such terms when used in the national defense act of congress and amendments thereto.
The term "military" refers to any or all of the armed forces.
The term "armory" refers to any state-owned building, warehouse, vehicle storage compound, organizational maintenance shop or other facility and the lands appurtenant thereto used by the Washington national guard for the storage and maintenance of arms or military equipment or the administration or training of the organized militia.
The term "member" refers to a soldier or airman of the organized militia.
Sec. 2. Section 80, chapter 130, Laws of 1943 and RCW 38.04.020 are each amended to read as follows:
Whenever used in this act, the word "officer" shall be understood to designate commissioned and warrant officers, and the words "enlisted men" or "enlisted persons" shall be understood to designate members of the organized militia of Washington other than commissioned or warrant officers. The convictions and punishments mentioned unless otherwise specifically designated, shall be understood to be respectively convictions and punishments by military courts.
Sec. 3. Section 2, chapter 130, Laws of 1943 as last amended by section 55, chapter 154, Laws of 1973 1st ex. sess. and RCW 38.04.030 are each amended to read as follows:
The militia
of the state of Washington shall consist of all able bodied citizens of the
United States and all other able bodied persons who have ((or shall have))
declared their intention to become citizens of the United States, ((residing
within this state,)) who shall be more than eighteen years of age, and
shall include all persons who are members of the national guard and the
state guard, and said militia shall be divided into two classes, the
organized militia and the unorganized militia.
Sec. 4. Section 4, chapter 130, Laws of 1943 and RCW 38.04.040 are each amended to read as follows:
The
organized militia of Washington shall consist of the commissioned officers,
warrant officers, enlisted ((men)) persons, organizations,
staffs, corps, and departments of the regularly commissioned, warranted and
enlisted militia of the state, organized and maintained pursuant to law. Its
numerical strength, composition, distribution, organization, arms, uniforms,
equipment, training and discipline shall be prescribed by the governor in
conformity with, and subject to the limitations imposed by the laws and
regulations of the United States and the laws of this state: PROVIDED,
HOWEVER, That the minimum enlisted strength of the organized militia of this
state shall never be less than two thousand.
Sec. 5. Section 5, chapter 130, Laws of 1943 and RCW 38.08.010 are each amended to read as follows:
The governor shall cause the organized militia of this state at all times to conform to all federal laws and regulations as are now or may hereafter from time to time become operative and applicable, notwithstanding anything in the laws of this state to the contrary. Except as and when otherwise specifically provided by federal laws, the organized militia of Washington, or any part thereof, shall be subject to call for United States service at such times, in such manner, and in such numbers as may from time to time be prescribed by the United States.
In
conformity with the provisions of federal statutes, officers and enlisted ((men))
persons of the organized militia called or drafted into federal service
by order or proclamation of the president of the United States, shall upon
release from federal service revert to their former status, grade and rank, as
members of the organized militia of Washington, and shall continue to serve in
the organized militia of Washington until separated therefrom in the manner
provided by law.
Sec. 6. Section 8, chapter 130, Laws of 1943 and RCW 38.08.030 are each amended to read as follows:
The governor may by proclamation declare the county or city in which troops are serving, or any specific portion thereof, to be under either complete or limited martial law to the extent, in his or her opinion, that the reestablishment or maintenance of law and order may be promoted.
"Complete martial law" is the subordination of all civil authority to the military;
"Limited military law" is a partial subordination of civil authority by the setting up of an additional police power vested in the military force which shall have the right to try all persons apprehended by it in such area by a military tribunal or turn such offender over to civil authorities within five days for further action, during which time the writ of habeas corpus shall be suspended in behalf of such person.
Sec. 7. Section 6, chapter 130, Laws of 1943 and RCW 38.08.040 are each amended to read as follows:
In event of
war, insurrection, rebellion, invasion, tumult, riot, mob, or organized
body ((of men)) acting together by force with intent to commit a felony
or to offer violence to persons or property, or by force and violence to break
and resist the laws of this state, or the United States, or in case of the
imminent danger of the occurrence of any of said events, or whenever
responsible civil authorities shall, for any reason, fail to preserve law and
order, or protect life or property, or the governor believes that such failure
is imminent, or in event of public disaster, the governor shall have power to
order the organized militia of Washington, or any part thereof, into active
service of the state to execute the laws, and to perform such duty as ((he))
the governor shall deem proper.
Sec. 8. Section 9, chapter 130, Laws of 1943 and RCW 38.08.050 are each amended to read as follows:
In event of, or imminent danger of, war, insurrection, rebellion, invasion, tumult, riot, resistance to law or process or breach of the peace, if the governor shall have ordered into active service all of the available forces of the organized militia of Washington and shall consider them insufficient in number to properly accomplish the purpose, he or she may then in addition order out the unorganized militia or such portion thereof as he may deem necessary, and cause them to perform such military duty as the circumstances may require.
Sec. 9. Section 15, chapter 130, Laws of 1943 and RCW 38.08.070 are each amended to read as follows:
Whenever the governor shall desire the attendance of a personal staff upon any occasion, he or she shall detail therefor officers from the active list of the organized militia of Washington; the officers detailed shall attend in uniform and shall constitute the personal staff of the governor for that occasion, reverting upon completion of such duty to their regular assignments.
Sec. 10. Section 92, chapter 130, Laws of 1943 as amended by section 1, chapter 86, Laws of 1969 ex. sess. and RCW 38.08.090 are each amended to read as follows:
The
governor, through the adjutant general, shall promulgate in orders such rules
((and regulations)) and amendments ((thereto)) not inconsistent
with law as ((he)) the governor may deem necessary for the
organization, maintenance and training of the militia, and the acquisition,
use, issue or disposal of military property. The governor's regulatory powers
herein with respect to military property shall include reasonable authority to
make regulations controlling the use and temporary disposal of military
property including real property for civic purposes where consistent with
federal law and regulations, in a manner similar to the law pertaining to the
use of armories. ((Such rules and)) The adopted regulations ((when
so promulgated)) shall have the same force and effect as ((though herein))
if enacted.
Sec. 11. Section 2, chapter 250, Laws of 1957 as amended by section 3, chapter 338, Laws of 1981 and RCW 38.12.010 are each amended to read as follows:
The
governor, with the advice and consent of the senate, shall appoint an adjutant
general who shall be chief of staff to the governor, and may be removed by the
governor at will. ((He)) The adjutant general shall appoint the
civilian employees and other personnel of ((his)) the department
and may remove any of them in ((his discretion)) accordance with
applicable law.
The expenses of the adjutant general's department, necessary to the military service, shall be audited, allowed, and paid as other military expenditures.
The adjutant general must execute an official bond running to the state in the penal sum of twenty thousand dollars conditioned for the faithful performance of his or her duties. The bond shall be submitted to the attorney general for approval, and when approved shall be filed in the office of the secretary of state. The cost of the bond shall be paid by the state.
The adjutant general may obtain and pay for, from funds appropriated for military purposes, a surety bond or bonds running to the state covering such officers of the organized militia responsible to the state for money or military property, as may be advisable to insure proper accountability. The bond or bonds shall be approved and filed in the same manner as the adjutant general's bond.
Sec. 12. Section 3, chapter 250, Laws of 1957 as amended by section 32, chapter 75, Laws of 1977 and RCW 38.12.020 are each amended to read as follows:
(1) The adjutant general shall keep rosters of all active, reserve, and retired officers of the militia, and all other records, and papers required to be kept and filed therein, and shall submit to the governor such reports of the operations and conditions of the organized militia as the governor may require. The adjutant general shall:
(2) ((He
shall)) Cause the military law, and such other military publications
as may be necessary for the military service, to be prepared and distributed at
the expense of the state, to the ((commissioned officers)) departments
and units of the organized militia.
(3) ((He
shall)) Keep just and true accounts of all moneys received and
disbursed by him or her.
(4) ((He
shall)) Attest all commissions issued to military officers of this
state.
(5) ((He
shall)) Make out and transmit all militia reports, returns, and
communications prescribed by acts of congress or by direction of the ((War))
department of defense and the national guard bureau.
(6) ((He
shall)) Have a seal, and all copies, orders, records, and papers in
his or her office, duly certified and authenticated under the seal,
shall be evidence in all cases in like manner as if the originals were
produced. The seal now used in the office of the adjutant general shall be the
seal of his or her office and shall be delivered by him or her to
((his)) the successor. All orders issued from his or her
office shall be authenticated with the seal.
(7) ((He
shall)) Make such regulations pertaining to the preparation of
reports and returns and to the use, maintenance, care, and preservation of
property in possession of the state for military purposes, whether belonging to
the state or to the United States, as in his or her opinion the
conditions demand.
(8) ((He
shall)) Attend to the care, preservation, safekeeping, and repairing
of the arms, ordinance, accoutrements, equipment, and all other military
property belonging to the state, or issued to the state by the United States
for military purposes, and keep accurate accounts thereof. Any property of the
state military department which, after proper inspection, is found unsuitable
or no longer needed for use of the state military forces, shall be disposed of
in such manner as the ((governor)) law shall direct and the
proceeds thereof used for replacements in kind or by other needed authorized
military supplies((, and the adjutant general may execute the necessary
instruments of conveyance to effect such sale or disposal)).
(9) ((He
shall)) Issue the military property as the necessity of service
requires and make purchases for that purpose. No military property shall be
issued or loaned to persons or organizations other than those belonging to the
militia, except ((in an emergency and then only with the approval of the
adjutant general)) as permitted by applicable state or federal law.
(10) ((He
shall)) Keep on file in his office the reports and returns of
military units, and all other writings and papers required to be transmitted to
and preserved at the general headquarters of the state militia.
(11) ((He
shall)) Keep all records of volunteers commissioned or enlisted for
all wars or insurrections, and of individual claims of citizens for service
rendered in these wars or insurrections, and he or she shall also be the
custodian of all records, relics, trophies, colors, and histories relating to
such wars now in possession of, or which may be acquired by the state.
(12) ((He
shall)) Establish and maintain as part of his or her office a
bureau of records of the services of the organized militia of the state, and
upon request furnish a copy thereof or extract therefrom, attested under seal
of his or her office, and such attested copy shall be prima facie proof
of service, birthplace, and citizenship.
(13) ((He
shall)) Keep a record of all real property owned or used by the
state for military purposes, and in connection therewith he or she shall
have sole power to execute all leases to acquire the use of real property by
the state for military purposes, or lease it to other agencies for use for
authorized activities. ((He)) The adjutant general shall also
have full power to execute and grant easements for rights of way for
construction, operation, and maintenance of utility service, water, sewage, and
drainage for such realty.
Sec. 13. Section 21, chapter 130, Laws of 1943 as last amended by section 1, chapter 218, Laws of 1983 and RCW 38.12.030 are each amended to read as follows:
Whenever a vacancy has occurred, or is about to occur in the office of the adjutant general, the governor shall order to active service for that position from the active list of the Washington army national guard or Washington air national guard an officer not below the rank of a field grade officer who has had at least ten years service as an officer on the active list of the Washington army national guard or the Washington air national guard during the fifteen years next prior to such detail. The officer so detailed shall during the continuance of his or her service as the adjutant general hold the rank of a general officer.
Whenever a vacancy has occurred, or is about to occur, in the offices of assistant adjutants general for the Washington army national guard or the Washington air national guard, the adjutant general with the concurrence of the governor may appoint an officer of the army national guard or the air national guard, who has had at least ten years service in the active list of his respective branch during the fifteen years next prior to such detail. The officer so detailed, may during the continuance of his service as assistant adjutant general hold the rank of a general officer.
If, by reason of the call or draft of officers of the Washington army national guard and/or air national guard into federal service, there is no officer of the Washington national guard available for detail as the adjutant general or as an assistant adjutant general who possesses the requisite qualifications, the governor may appoint any officer or former officer of the organized militia of Washington as acting adjutant general or as an acting assistant adjutant general. If the officers on detail as the adjutant general or as assistant adjutants general are appointed, called, or drafted into the military service of the United States by order or proclamation of the president, they shall be granted leaves of absence by the governor, and are entitled, upon release from federal service, to return to their former status as adjutant general or as assistant adjutants general of Washington, and during the period that they are in federal service, the duties of these offices shall be performed by an acting adjutant general and acting assistant adjutants general, appointed by the governor, as provided in this section, who shall receive the same pay provided for the adjutant general and/or assistant adjutants general respectively, during the period of such assignments.
The adjutant general shall receive an annual salary equal to the base pay of a major general in the United States army. The assistant adjutant general for the Washington army national guard and the assistant adjutant general for the Washington air national guard shall each receive an annual salary equal to the base pay of an officer of equivalent grade in the United States army or United States air force but not to exceed that of a brigadier general. So long as a member of the judiciary of the state of Washington is available for judicial work at such times and under such conditions as may be set forth by local rules and custom, that member may serve as an active member of the national guard or air national guard.
Sec. 14. Section 19, chapter 130, Laws of 1943 as amended by section 41, chapter 292, Laws of 1971 ex. sess. and RCW 38.12.060 are each amended to read as follows:
All commissioned and warrant officers of the organized militia of Washington shall be appointed and commissioned or warranted by the governor only as hereinafter provided. No person shall be so appointed and commissioned or warranted unless he or she shall be a citizen of the United States and of this state and more than eighteen years of age. Every commissioned and warranted officer shall hold office under his or her commission or warrant until he or she shall have been regularly appointed and commissioned or warranted to another rank or office, or until he or she shall have been regularly retired, discharged, dismissed or placed in the reserve.
Sec. 15. Section 20, chapter 130, Laws of 1943 and RCW 38.12.070 are each amended to read as follows:
No person
shall be appointed and commissioned or warranted to any office in the organized
militia of Washington unless he or she shall have been examined and
adjudged qualified therefor by an examining board, appointed by the adjutant
general, and whose report shall have been approved by the authority appointing
the board. The composition, appointment and procedure of examining boards and
the nature and scope of examinations shall be as prescribed by the laws or
regulations of the United States or those of this state. Whenever a
commissioned officer shall have been examined for promotion pursuant to this
section and shall have been adjudged not qualified therefor, upon approval by
the authority appointing the board of its report to that effect such officer ((shall))
may be honorably discharged, retired or placed in the reserve as the
governor shall direct.
Sec. 16. Section 1, chapter 34, Laws of 1974 ex. sess. and RCW 38.12.095 are each amended to read as follows:
Whenever a
commissioned officer is to be appointed or promoted either to fill a vacancy in
the organized militia (Washington army national guard, Washington air national
guard and the Washington state guard) or for any other reason, the officer to
be appointed or promoted shall be selected by the officer promotion board((:
PROVIDED, HOWEVER, That)). This selection in no way will
change the powers of the governor under RCW 38.12.060((: AND PROVIDED
FURTHER, HOWEVER, That)). This section in no way applies to
appointments or promotions to adjutant general or assistant adjutant general.
Sec. 17. Section 3, chapter 34, Laws of 1974 ex. sess. and RCW 38.12.115 are each amended to read as follows:
The officer
promotion board will meet from time to time as directed by the adjutant
general. The board will select the best qualified officer for each promotion
to be made in the organized militia, ((will approve or disapprove the
appointment of all of the commissioned officers in the organized militia,))
and will do any other act pertaining thereto directed by the adjutant general
or allowed or directed by statute.
Sec. 18. Section 4, chapter 34, Laws of 1974 ex. sess. and RCW 38.12.125 are each amended to read as follows:
The officer promotion board shall be composed as follows:
(1) For
promotions or appointments of army national guard officers, the board will
consist of the adjutant general, the assistant adjutant general army, and the
five ((senior)) commanders senior in grade and date of rank in that
grade in the Washington army national guard((: PROVIDED, HOWEVER, That)).
If the board is selecting an officer for promotion to the rank of colonel,
any member of the board who is a lieutenant colonel will be automatically
disqualified and will not be replaced((: PROVIDED FURTHER, HOWEVER, That)).
If the board is selecting an officer for promotion to the rank of brigadier
general, any member of the board who is a lieutenant colonel or who is a
colonel will be automatically disqualified and will not be replaced.
(2) For
promotions or appointments of air national guard officers, the board will
consist of the adjutant general, the assistant adjutant general air, and the
five ((senior)) commanders senior in grade and date of rank in that
grade in the Washington air national guard((: PROVIDED, HOWEVER, That)).
If the board is selecting an officer for promotion to the rank of colonel,
any member of the board who is a lieutenant colonel will be automatically
disqualified and will not be replaced((: PROVIDED FURTHER, HOWEVER, That)).
If the board is selecting an officer for promotion to the rank of brigadier
general, any member of the board who is a lieutenant colonel or who is a
colonel will be automatically disqualified and will not be replaced.
(3) For
promotions or appointments of state guard officers, the board will consist of
the adjutant general, the assistant adjutant general army, and the five ((senior))
officers senior in grade and in date of rank in that grade in the state
guard((: PROVIDED, HOWEVER, That)). If the board is selecting
an officer for promotion to the rank of colonel, any member of the board who is
a lieutenant colonel will be automatically disqualified and will not be
replaced((: PROVIDED FURTHER, HOWEVER, That)). If the board is
selecting an officer for promotion to the rank of brigadier general, any member
of the board who is a lieutenant colonel or who is a colonel will be
automatically disqualified and will not be replaced.
Sec. 19. Section 29, chapter 130, Laws of 1943 and RCW 38.12.150 are each amended to read as follows:
Every
officer, duly commissioned or warranted shall within such time as may be
provided by law or by regulations, take the oath of office prescribed by law,
and give bond, if required. In case of neglect or refusal so to do, ((he))
the officer shall be considered to have resigned such office and a new
appointment may be made as provided by law.
Sec. 20. Section 1, chapter 72, Laws of 1925 ex. sess. as last amended by section 1, chapter 198, Laws of 1984 and RCW 38.12.170 are each amended to read as follows:
The governor may dismiss or discharge as appropriate any commissioned or warrant officer of the organized militia of Washington for any of the following reasons:
(1) Conviction of an infamous crime;
(2) Absence from his or her command for more than thirty days without proper leave;
(3) Sentence of dismissal by court martial, duly approved;
(4) Upon muster out of the organization to which the officer is then assigned;
(5) Acceptance of the resignation of the officer, but no officer may be discharged or his or her resignation accepted while under arrest or against whom military charges have been preferred, or until he or she has turned over to his or her successor or satisfactorily accounted for all state and federal moneys and military property for which he or she is accountable or responsible;
(6) Removal of his or her actual residence to such distance from the station of his or her command as to render it impracticable for him or her to perform the duties of his or her office;
(7)
Incompetence or unfitness for military service as determined by the duly
approved findings of a board of ((inquiry)) officers appointed
for that purpose by the adjutant general.
The adjutant general shall annually appoint and convene qualitative retention boards to review the military personnel records of officers who have completed three or more years service in the Washington state guard to determine their retention potential and acceptability for continuation in an active status. In the conduct of the reviews, the regulation issued by the adjutant general to implement this provision shall conform to the extent practicable to that governing the army national guard.
Sec. 21. Section 33, chapter 130, Laws of 1943 as amended by section 2, chapter 198, Laws of 1984 and RCW 38.12.180 are each amended to read as follows:
Commissioned officers of the organized militia of Washington shall be retired by order of the commander-in-chief with the rank respectively held by them at the time of such retirement for the following reasons:
(1) Unfitness for military service by reason of permanent physical disability.
(2) Upon request after at least five years continuous service as an officer in the organized militia of Washington.
Commissioned officers of the state guard shall upon reaching the age of sixty-four years be retired.
Retired
officers shall draw no pay or allowance ((except when on active duty)) from
the state unless recalled to service.
Retired
officers are subject, with their consent, to temporary detail on active ((duty))
state service by the commander-in-chief, and while on such duty shall
receive the same pay and allowances as officers of like rank on the active
list.
Sec. 22. Section 37, chapter 130, Laws of 1943 as amended by section 1, chapter 93, Laws of 1982 and RCW 38.12.200 are each amended to read as follows:
Every
commissioned officer of the organized militia of Washington shall within sixty
days from the date of the order whereby he or she shall have been
appointed, provide ((himself)) at ((his)) the officer's
own expense, with the uniform and equipment prescribed by the governor for his or
her rank and assignment.
There shall be audited and may be paid, at the option of the adjutant general, to each properly uniformed and equipped officer of the active list of the organized militia of Washington, not in federal service an initial uniform allowance of one hundred dollars and annually thereafter for each twelve months state service an additional uniform allowance of fifty dollars, subject to such regulations as the commander-in-chief may prescribe to be audited and paid upon presentation of proper voucher.
NEW SECTION. Sec. 23. A new section, to be codified as RCW 38.14.006, is added to Title 38 RCW to read as follows:
COMPOSITION OF THE STATE GUARD. The Washington state guard will be available to serve, at the call of the governor in the place of the national guard of the state of Washington under the provisions of this title when the national guard is in the service of the United States, or when otherwise ordered to active state service by the governor. The Washington state guard shall consist of commissioned and warrant officers and enlisted persons commissioned, warranted, or enlisted under the provisions of this title. Persons enlisted under section 31 of this act shall be enrolled in accordance with regulations promulgated by the adjutant general.
NEW SECTION. Sec. 24. A new section, to be codified as RCW 38.14.012, is added to Title 38 RCW to read as follows:
FEDERAL MILITARY SERVICE. No member of the Washington state guard shall by reason of such membership be exempt from federal military service under the laws of the United States.
NEW SECTION. Sec. 25. A new section, to be codified as RCW 38.14.018, is added to Title 38 RCW to read as follows:
PAY OF STATE GUARD MEMBERS. Members of the Washington state guard shall serve without pay except when on active state service with the state as defined in RCW 38.04.010, or when serving on inactive duty as defined in RCW 38.04.010 under orders of the governor specifically authorizing pay. When ordered to active state service or when serving on inactive duty in a pay status, members of the Washington state guard will be paid as prescribed for members of the national guard in RCW 38.24.050, except longevity adjustments for pay will be based solely on total service with the Washington state guard.
NEW SECTION. Sec. 26. A new section, to be codified as RCW 38.14.024, is added to Title 38 RCW to read as follows:
EQUIPMENT AND SUPPLIES. The governor may obtain from the federal government such arms and other equipment and supplies as may be available for issue, donation or loan for the use of the Washington state guard. When such property is provided by the federal government, it will be utilized, maintained, and disposed of in accordance with federal requirements and with property rules and regulations promulgated under the provisions of RCW 38.08.090.
NEW SECTION. Sec. 27. A new section, to be codified as RCW 38.14.030, is added to Title 38 RCW to read as follows:
TRAINING. Members of the Washington state guard may participate in such training opportunities as may be available from the federal government and as approved by the adjutant general. Where required as a condition of such participation, the military department may reimburse the federal government for the costs of such training.
NEW SECTION. Sec. 28. A new section, to be codified as RCW 38.14.036, is added to Title 38 RCW to read as follows:
QUALIFICATIONS FOR APPOINTMENT. The adjutant general shall establish by regulation qualifications for appointment of commissioned and warrant officers in the Washington state guard.
NEW SECTION. Sec. 29. Section headings as used in sections 23 through 28 of this act do not constitute any part of the law.
Sec. 30. Section 35, chapter 130, Laws of 1943 and RCW 38.16.010 are each amended to read as follows:
The period
of enlistment in the ((organized militia of)) Washington national
guard shall ((be for three years: PROVIDED, That no original enlistment
may be consummated unless the term thereof can be completed before the
applicant attains the age of sixty-four)) conform to the laws and
regulations of the United States department of defense governing such
enlistments including the term of such enlistments and the maximum and minimum
age of enlistment.
NEW SECTION. Sec. 31. A new section is added to chapter 38.16 RCW to read as follows:
The period of enlistment in the Washington state guard shall be set by regulation by the adjutant general: PROVIDED, That no original enlistment may be consummated unless the term thereof can be completed before the applicant attains the age of sixty-four.
Sec. 32. Section 36, chapter 130, Laws of 1943 and RCW 38.16.020 are each amended to read as follows:
An enlisted
((man)) person discharged from service in the organized militia
of Washington shall receive a notice of discharge in writing in such form and
classification as is or shall be prescribed by law or regulations, and in time
of peace discharges may be given prior to the expiration of terms of enlistment
under such regulations as may be prescribed by competent authority.
Sec. 33. Section 34, chapter 130, Laws of 1943 and RCW 38.16.030 are each amended to read as follows:
The inactive
national guard ((reserve)) of this state shall respectively be organized
by the governor in regulations ((conforming)) in conformance with
the laws, rules and regulations of the United States. It shall consist of such
organizations, officers and enlisted men as the governor shall prescribe. No
commissioned officer shall be transferred or furloughed to the national guard
reserve without ((his)) the officer's written consent, except as
otherwise expressly provided by law. Any officer of the inactive
national guard ((reserve)) may be restored to the active list by order
of the governor, subject to the same examination as in the case of an original
appointment to his or her rank, and in such event his or her
service in ((reserve)) the inactive national guard shall not be
counted in computing total length of service for relative seniority.
Sec. 34. Section 93, chapter 130, Laws of 1943 as last amended by section 1, chapter 295, Laws of 1985 and RCW 38.20.010 are each amended to read as follows:
Except as provided in this section, state-owned armories shall be used strictly for military purposes.
(1) One room, together with the necessary furniture, heat, light, and janitor service, may be set aside for the exclusive use of bona fide veterans' organizations subject to the direction of the officer in charge. Members of these veterans' organizations and their auxiliaries shall have access to the room and its use at all times.
(2) A bona fide veterans' organization may use any state armory for athletic and social events without payment of rent whenever the armory is not being used by the organized militia. The adjutant general may require the veterans' organization to pay the cost of heating, lighting, or other miscellaneous expenses incidental to this use.
(3) The adjutant general may, during an emergency, permit transient lodging of service personnel in armories.
(4) The adjutant general may, upon the recommendation of the executive head or governing body of a county, city or town, permit transient lodging of anyone in armories. The adjutant general may require the county, city or town to pay no more than the actual cost of staffing, heating, lighting and other miscellaneous expenses incidental to this use.
(5) Civilian
rifle clubs affiliated with the National Rifle Association of America are
permitted to use ((rifle)) small arms ranges in the armories at
least one night each week under regulations prescribed by the adjutant general.
(6) State-owned armories shall be available, at the discretion of the adjutant general, for use for casual civic purposes, and amateur and professional sports and theatricals upon payment of fixed rental charges and compliance with regulations of the state military department. Children attending primary and high schools have a preferential right to use these armories.
The adjutant general shall prepare a schedule of rental charges, including a cleaning deposit, and utility costs for each state-owned armory which may not be waived except for activities sponsored by the organized militia or activities provided for in subsection (4) of this section. The rental charges derived from armory rentals less the cleaning deposit shall be paid into the state general fund.
Sec. 35. Section 98, chapter 134, Laws of 1909 and RCW 38.20.040 are each amended to read as follows:
All
armories and ((rifle)) small arms ranges and all property, real
or personal, used by the national guard and not owned by the state of
Washington or the United States, shall be leased or rented to the state upon
such terms and conditions as shall be approved by the commander-in-chief.
Sec. 36. Section 91, chapter 130, Laws of 1943 and RCW 38.20.050 are each amended to read as follows:
Under the
direction of the governor, the adjutant general shall, at the expense and in
the name of the state, buy or lease, establish, equip, maintain and control
such ((rifle)) small arms ranges and issue such ammunition,
transportation and supplies as may be necessary to provide each unit of the
organized militia of Washington with adequate means and opportunity for
thorough instruction in ((rifle)) small arms practice.
Sec. 37. Section 42, chapter 130, Laws of 1943 as amended by section 14, chapter 106, Laws of 1973 and RCW 38.24.010 are each amended to read as follows:
All bills,
claims and demands for military purposes shall be certified or verified and audited
in the manner prescribed by regulations promulgated by the governor and shall
be paid by the state treasurer from funds available for that purpose((:
PROVIDED, HOWEVER, That)). In all cases where the organized
militia, or any part ((thereof)) of the organized militia, is
called into the service of the state in case of war, riot, insurrection,
invasion, breach of the peace, ((or)) to execute or enforce the laws, public
disaster, or the imminent danger of the occurrence of any of these events,
warrants for allowed pay and expenses for such services or compensation for
injuries or death shall be drawn upon the general fund of the state treasury
and paid out of any moneys in said fund not otherwise appropriated. All such
warrants shall be the obligation of the state and shall bear interest at the
legal rate from the date of their presentation for payment.
Sec. 38. Section 43, chapter 130, Laws of 1943 as last amended by section 3, chapter 198, Laws of 1984 and RCW 38.24.050 are each amended to read as follows:
Commissioned
officers, warrant officers, and enlisted personnel of the organized militia of
Washington, while in active state service or inactive duty, are entitled
to and shall receive the same amount of pay and allowances from the state of
Washington as provided by federal laws and regulations for commissioned
officers, warrant officers, and enlisted personnel of the United States army only
if federal pay and allowances are not authorized. ((Officers shall
receive travel expenses in accordance with RCW 43.03.050 and 43.03.060.))
For periods of such active state service, commissioned officers, warrant officers,
and enlisted personnel of the organized militia of Washington shall receive
either such pay and allowances or ((thirty dollars per day)) an
amount equal to one and one-half of the federal minimum wage, whichever is
greater.
The value of articles issued to any member and not returned in good order on demand, and legal fines or forfeitures, may be deducted from the member's pay.
If
federal pay and allowances are not authorized, all members detailed to
serve on any board or commission ordered by the governor, or on any ((court
of inquiry or)) court-martial ordered by proper authority, may, at
the discretion of the adjutant general, be paid a sum equal to one day's active
((duty)) state service for each day actually employed on the
board or court or engaged in the business thereof, or in traveling to and from
the same; and in addition thereto travel expenses in accordance with RCW
43.03.050 and 43.03.060 as now existing or hereafter amended when such duty is
at a place other than the city or town of his residence.
Necessary
transportation, quartermasters' stores, and subsistence for troops when ordered
on active state ((active duty)) service may be contracted
for and paid for as are other military bills.
Sec. 39. Section 2, chapter 46, Laws of 1974 ex. sess. as amended by section 4, chapter 198, Laws of 1984 and RCW 38.24.060 are each amended to read as follows:
All members
of the organized militia of Washington who are called to active state ((active
duty)) service or inactive duty shall, upon return from such duty,
have those rights accorded under RCW 73.16.031, 73.16.035, 73.16.041,
73.16.051, and 73.16.061.
Sec. 40. Section 82, chapter 130, Laws of 1943 as amended by section 134, chapter 220, Laws of 1963 and RCW 38.32.010 are each amended to read as follows:
Any ((officers
and men)) member of the organized militia on duty status as provided
in RCW 38.38.624, or within state armories, committing offenses against the
laws of the state, shall be promptly arrested by the military authorities and
turned over to the civil authorities of the county or city in which the offense
was committed.
Sec. 41. Section 81, chapter 130, Laws of 1943 as amended by section 135, chapter 220, Laws of 1963 and RCW 38.32.020 are each amended to read as follows:
Offenses
under chapter 38.38 RCW committed while on ((active)) inactive
duty or active state service as defined in RCW 38.04.010 may be tried
and punished as provided under chapter 38.38 RCW after this ((active))
duty or service has terminated, and if found guilty the accused shall be
punished accordingly. Any ((officers and men)) member of the
organized militia on "inactive duty" or "active state
service," as defined in RCW 38.04.010, committing any offense under
chapter 38.38 RCW, where the offense charged is also made an offense by the
civil law of this state, may, in the discretion of the officer whose duty it is
to approve the charge, be turned over to the proper civil authorities for
trial.
Any ((officers
and men)) member of the organized militia on "inactive
duty" or "active state service," as defined in RCW
38.04.010, committing any offense under chapter 38.38 RCW, may, if such offense
is committed upon a military reservation of the United States within this
state, be turned over to the civil authorities for trial as provided by federal
law.
Sec. 42. Section 84, chapter 130, Laws of 1943 as amended by section 139, chapter 220, Laws of 1963 and RCW 38.32.070 are each amended to read as follows:
If any ((soldier))
member is known to have removed from the state, and, through ignorance
or neglect, has failed to apply for discharge, ((his)) the
discharge may be requested by his or her immediate commanding officer.
Sec. 43. Section 10, chapter 130, Laws of 1943 and RCW 38.32.080 are each amended to read as follows:
Any member
of the militia who shall have been ordered out for either state or federal
service and who shall refuse or wilfully or negligently fail to report at the
time and place and to the officer designated in the order or to the
representative or successor of such officer, shall be deemed guilty of
desertion, and shall suffer such penalty as a general court martial may direct,
unless he or she shall produce a sworn certificate from a licensed
physician of good standing that he or she was physically unable to appear
at the time and place designated((: PROVIDED, That)). Any
person chargeable with desertion under this section may be taken by force and
compelled to serve.
Sec. 44. Section 11, chapter 130, Laws of 1943 and RCW 38.32.090 are each amended to read as follows:
Any
physician who shall knowingly make and deliver a false certificate of physical
disability concerning any member of the militia who shall have been ordered out
or summoned for active service shall be guilty of perjury and, upon conviction,
as an additional penalty, shall forfeit forever his or her license and
right to practice ((his profession)) in this state.
Sec. 45. Section 52, chapter 130, Laws of 1943 as amended by section 137, chapter 220, Laws of 1963 and RCW 38.32.120 are each amended to read as follows:
The
commanding officer at any drill, parade, encampment or other duty may place in
arrest for the time of such drill, parade, encampment or other duty any person
or persons who shall trespass on the camp grounds, parade grounds, rifle range
or armory, or in any way or manner interrupt or molest the orderly discharge of
duty of those on duty, or who shall disturb or prevent the passage of troops
going to or returning from any regularly ordered tour of duty; and ((he))
may prohibit and prevent the sale or use of all spirituous liquors, wines, ale
or beer, or holding of huckster or auction sales, and all gambling therein, and
remove disorderly persons beyond the limits of such parade or encampment, or
within a distance of two miles therefrom, and ((he)) the commanding
officer shall have full authority to abate as common nuisances all
disorderly places, and bar all unauthorized sales within such limits. Any
person violating any of the provisions of this section, or any order issued in
pursuance thereof, shall be guilty of a misdemeanor, and upon conviction shall
be fined not more than one hundred dollars, or imprisoned not more than thirty
days, or by both such fine and imprisonment.
No license or renewal thereof shall be issued or granted to any person, firm or corporation for the sale of intoxicating or spirituous liquors within a distance of three hundred feet from any armory used by the state of Washington for military purposes, without the approval of the adjutant general.
Sec. 46. Section 13, chapter 130, Laws of 1943 and RCW 38.40.010 are each amended to read as follows:
Members of
the militia ordered into active service of the state by any proper authority
shall not be liable civilly or criminally for any act or acts done by them
while on such duty nor shall any action lie against any officer or enlisted ((man))
person for any acts done by ((him)) the officer or enlisted
person in line of duty by virtue of any order which may thereafter be held
invalid by any civil court. When a suit or proceeding shall be commenced in
any court by any person against any officer or enlisted ((man)) person
of the militia for any act done by such officer or enlisted ((man)) person
in his or her official capacity or in the discharge of any duty, or
against any person acting under the authority or order of such officer or by
virtue of any warrant issued pursuant to law, the defendant may require the
person prosecuting or instituting the proceeding to give security for the
payment of all costs that may be awarded to the defendant, and the defendant in
all cases may make a general denial and, under such general denial, give all
other or any special defense matter in evidence. In case the plaintiff shall
be nonsuited or the verdict or judgment be in favor of the defendant, treble
costs shall be assessed against the plaintiff. The defendant in such action
shall be defended by the attorney general at the expense of the state, but
private counsel may also be employed by the defendant. The venue of all such
actions shall be Thurston county and the state of Washington shall be in all
cases a necessary party defendant.
Sec. 47. Section 14, chapter 130, Laws of 1943 and RCW 38.40.020 are each amended to read as follows:
The
commanding officer of any of the military forces of the state of Washington
engaged under the order of proper authority in the suppression of insurrection,
the dispersion of a mob, the protection of life or property, or the enforcement
of the laws, shall exercise ((his)) discretion as to the propriety of
the means to be used in controlling or dispersing of any mob or other unlawful
assembly and, if he or she exercises his or her honest judgment
thereon, he or she shall not be liable in either a civil or criminal
action for any act done in line of duty.
Sec. 48. Section 40, chapter 130, Laws of 1943 as last amended by section 5, chapter 185, Laws of 1987 and RCW 38.40.030 are each amended to read as follows:
If any
member of the organized militia is injured, incapacitated, or otherwise
disabled while in active state service or inactive duty as a member of
the ((military force of the state)) organized militia, he or she
shall receive from the state of Washington just and reasonable relief in the
amount to be determined as provided in this section, including necessary
medical care. If the member dies from disease contracted or injury received or
is killed while in active state service or inactive duty under order of
the governor, then the dependents of the deceased shall receive such
compensation as may be allowed as provided in this section. If the United
States or any agent thereof, in accordance with any federal statute or
regulation, furnishes monetary assistance, benefits, or other temporary or
permanent relief to militia members or to their dependents for injuries arising
out of and occurring in the course of their activities as militia members, but
not including Social Security benefits, then the amount of compensation which
any militia member or his or her dependents are otherwise entitled to receive
from the state of Washington as provided in this section shall be reduced by the
amount of monetary assistance, benefits, or other temporary or permanent relief
the militia member or his or her dependents have received and will receive from
the United States or any agent thereof as a result of his or her injury. All
claims arising under this section shall be inquired into by a board of three
officers, at least one being a medical officer, to be appointed by the adjutant
general. The board has the same power to take evidence, administer oaths,
issue subpoenas, compel witnesses to attend and testify and produce books and
papers, and punish their failure to do so as is possessed by a general court
martial. The amount of compensation or benefits payable shall conform as
nearly as possible to the general schedule of payments and awards provided
under the workers' compensation law in effect in the state of Washington at the
time the disability or death occurred. The findings of the board shall be
reviewed by the adjutant general and submitted to the governor for final
approval. The reviewing officer or the governor may return the proceedings for
revision or for the taking of further testimony. The action of the board when
finally approved by the governor is final and conclusive and constitutes the
fixed award for the injury or loss and is a debt of the state of Washington.
Sec. 49. Section 46, chapter 130, Laws of 1943 and RCW 38.40.040 are each amended to read as follows:
A person,
who either ((by himself)) alone, or with another, wilfully
deprives a member of the organized militia of Washington of his or her
employment or prevents((, by himself or another,)) such member being
employed, or obstructs or annoys said member or his or her employer in
((his)) their trade, business or employment, because he or she
is such member, or dissuades any person from enlisting in said organized
militia by threat or injury to him or her in ((his)) their
employment, trade or business, in case he or she shall so enlist, shall
be guilty of a gross misdemeanor and on conviction thereof shall be fined in a
sum not exceeding five hundred dollars, or imprisonment in the county jail not
more than six months, or by both such fine and imprisonment.
Sec. 50. Section 48, chapter 130, Laws of 1943 and RCW 38.40.050 are each amended to read as follows:
No member
of the organized militia of Washington shall be discharged by his or her
employer by reason of the performance of any military duties upon which he or
she may be ordered. When any member of the organized militia of Washington
is ordered upon active duty which takes ((him)) the member from
his or her employment ((he)) the member may apply upon the
termination of such duty to be restored to his or her position and
employment, and if the tour of duty shall have continued for a period not
longer than three months, any employer or the officer or manager of any firm or
corporation having authority to reemploy such member and failing to do so shall
be guilty of a gross misdemeanor, and on conviction thereof shall be fined in
any sum not exceeding five hundred dollars, or imprisonment in the county jail
for a period not exceeding six months, or by both such fine and imprisonment.
Sec. 51. Section 1, chapter 113, Laws of 1939 as amended by section 1, chapter 236, Laws of 1957 and RCW 38.40.060 are each amended to read as follows:
Every officer and employee of the state or of any county, city, or other political subdivision thereof who is a member of the Washington national guard or of the army, navy, air force, coast guard, or marine corps reserve of the United States, or of any organized reserve or armed forces of the United States shall be entitled to and shall be granted military leave of absence from such employment for a period not exceeding fifteen days during each calendar year. Such leave shall be granted in order that the person may take part in active training duty in such manner and at such time as he may be ordered to active training duty. Such military leave of absence shall be in addition to any vacation or sick leave to which the officer or employee might otherwise be entitled, and shall not involve any loss of efficiency rating, privileges, or pay. During the period of military leave, the officer or employee shall receive from the state, or the county, city, or other political subdivision, his or her normal pay.
Sec. 52. Section 53, chapter 130, Laws of 1943 and RCW 38.40.100 are each amended to read as follows:
Orders for
duty may be oral or written. Officers and enlisted ((men)) persons
may be warned for duty as follows: Either by stating the substance of the
order, or by reading the order to the person warned, or by delivering a copy of
such order to such person, or by leaving a copy of such order at his or her
last known place of abode or business, with some person of suitable age and
discretion, or by sending a copy of such order or notice containing the
substance thereof, to such ((man)) person by mail, directed to ((him
at)) his or her last known place of abode or business. Orders may
be transmitted by telegraph or telephone. Such warning may be given by any
officer or authorized enlisted ((man)) person. The officer or
enlisted ((man)) person giving such warning shall, when required,
make a return thereof, containing the names of persons warned and the time,
place and manner of warning. Such returns shall be verified on oath and shall
be prima facie evidence, on the trial of any person returned as a delinquent,
of the facts therein stated.
Sec. 53. Section 47, chapter 130, Laws of 1943 and RCW 38.40.110 are each amended to read as follows:
No club,
society, association, corporation, employer, or organization shall by
any constitution, rule, bylaws, resolution, vote or regulation, or otherwise,
discriminate against or refuse to hire, employ, or reemploy any member
of the organized militia of Washington because of his or her membership
in said organized militia((, in respect to his eligibility to membership in
such club, society, association, corporation or organization, or in respect to
his rights to retain and exercise the rights of membership therein)). Any
person or persons, club, society, association, employer, corporation,
or organization, violating or aiding, abetting, or assisting in the violation
of any provision of this section shall be guilty of a misdemeanor and on
conviction thereof shall be fined in any sum not exceeding one hundred dollars
and in addition thereto shall forfeit right to do business for a period of
thirty days. Any person who has been discriminated against in violation of
this section shall have a civil cause of action for damages.
Sec. 54. Section 54, chapter 130, Laws of 1943 and RCW 38.40.120 are each amended to read as follows:
No organized
body ((of men)) other than the recognized militia organizations of this
state, armed forces of the United States, students of educational institutions
where military science is a prescribed part of the course of instruction or
bona fide veterans organizations shall associate themselves together as a
military company or organize or parade in public with firearms: PROVIDED, That
nothing herein shall be construed to prevent authorized parades by the
organized militia of another state or armed forces of foreign countries. Any
person participating in any such unauthorized organization shall be guilty of a
misdemeanor.
Sec. 55. Section 49, chapter 130, Laws of 1943 and RCW 38.40.130 are each amended to read as follows:
The
officers, or the officers and enlisted ((men)) persons of any
regiment, battalion, company or similar unit of the organized militia of
Washington, or the officers and enlisted ((men)) persons of any
two or more companies or similar units of the organized militia of the state of
Washington, located at the same station, are hereby authorized to organize
themselves into a corporation for social purposes and for the purpose of
holding, acquiring and disposing of such property, real and personal, as such
military organizations may possess or acquire. Such corporations shall not be
required to pay any filing or license fee to the state.
The dissolution or disbandment of any such unit as a military organization shall not in itself terminate the existence of the corporation, but the existence of the same may continue for the period limited in its articles of incorporation for the benefit of such corporation.
Upon the dissolution or disbandment of any such unit which shall not have incorporated, and which shall at the time of such dissolution or disbandment possess any funds or property, the title to such funds or property shall immediately vest in the state of Washington, and the adjutant general shall take possession thereof and dispose of the same to the best interest of the organized militia of Washington.
Sec. 56. Section 4, chapter 108, Laws of 1895 as last amended by section 57, chapter 154, Laws of 1973 1st ex. sess. and RCW 38.44.010 are each amended to read as follows:
Whenever
the commander-in-chief shall deem it necessary, in event of, or imminent danger
of war, insurrection, rebellion, invasion, tumult, riot, resistance to law or
process ((or)), breach of the peace, ((he)) public
disaster, or the imminent occurrence of any of these events, the
commander-in-chief may order an enrollment by counties of all persons
subject to military duty, designating the county assessor or some other person
for each county to act as county enrolling officer. Each county enrolling
officer may appoint such assistant or assistants as may be authorized by the
commander-in-chief. In each county the enrollment shall include every sane
able bodied inhabitant not under sentence for ((an infamous crime)) a
felony, who is more than eighteen and less than forty-five years of age.
The enrollment shall be made in triplicate and shall state the name, residence,
age, occupation and previous or existing military or naval service of each
person enrolled. When complete the rolls shall be verified under oath by the
enrolling officer, who shall immediately thereupon file one copy with the
adjutant general of the state and another with the county auditor, retaining
the third copy for himself or herself.
Sec. 57. Section 5, chapter 108, Laws of 1895 as amended by section 5, chapter 134, Laws of 1909 and RCW 38.44.020 are each amended to read as follows:
Persons
making an enrollment under ((this act)) RCW 38.20.040 and 38.44.020
through 38.44.060 shall, at the time of making same, serve a notice of such
enrollment upon each person enrolled, by delivering such notice to ((him))
the enrollee personally or by leaving it with some person of suitable
age and discretion at his or her place of business or residence, or by
mailing such notice to him or her at ((his)) the enrollee's
last known place of residence, and shall make a return under oath of such
service to accompany the copy of the enrollment filed with the adjutant
general. ((Such)) The return shall be prima facie evidence of
the facts therein ((shown)).
Sec. 58. Section 6, chapter 108, Laws of 1895 as amended by section 6, chapter 134, Laws of 1909 and RCW 38.44.030 are each amended to read as follows:
Whenever an
enrollment shall have been ordered under ((this act)) RCW 38.20.040 and
38.44.020 through 38.44.060, the commanding officers of existing
organizations of militia, and the chiefs of all police and fire departments
shall make and deliver to the enrolling officer of the county in which such
organization and departments are stationed, verified lists in triplicate of the
members of their respective commands and departments, and the enrolling officer
shall mark "Exempt" opposite the names of all persons so listed,
attaching one copy of each such list to each copy of the enrollment. The
enrolling officer shall also mark "Exempt" opposite the names of all
federal, state and county officers. All other persons claiming exemption must
within fifteen days after service upon them of the notice of enrollment make a
written verified claim in duplicate of such exemption and file the same in the
office of the county auditor, who shall within five days thereafter forward one
copy thereof with remarks and recommendations to the adjutant general. Upon
the expiration of the time within which any claim of exemption may be filed and
received by the adjutant general, the latter shall notify the county auditor of
his the decision in each case where exemption has been claimed, and the
county auditor shall write upon the roll opposite the name of each person whose
claim of exemption has been allowed by the adjutant general, the word
"Exempt." All those on the roll not marked "Exempt" shall
be subject to military duty.
Sec. 59. Section 7, chapter 134, Laws of 1909 and RCW 38.44.040 are each amended to read as follows:
If any
officer or person, who becomes charged under ((this act)) RCW
38.20.040 and 38.44.020 through 38.44.060 with any duty relating to an
enrollment of persons subject to military duty, refuses or neglects to perform
the same within the time and substantially in the manner required by law, or if
he or she shall knowingly make any false certificate, or if, when acting
as county or assistant enrolling officer, he or she shall knowingly or
wilfully omit from the roll any person required by ((this act)) RCW
38.20.040 and 38.44.020 through 38.44.060 to be enrolled he or she
shall thereby forfeit not less than one hundred nor more than five hundred
dollars, to be sued for in the name of the state of Washington by the
prosecuting attorney of the county in which such offense shall occur, the
amount of the penalty to be determined by the court, and, when recovered, to be
paid into the military fund of the state.
Sec. 60. Section 8, chapter 134, Laws of 1909 and RCW 38.44.050 are each amended to read as follows:
Each county
enrolling officer shall be allowed the sum of five cents per name enrolled and
served with notice of enrollment by ((him or his)) the enrolling
officer or assistants, to be audited and paid as other military bills out
of any moneys in the military fund not otherwise appropriated, and from such
allowance ((he)) the enrolling officer must pay ((his)) the
assistant or assistants.
Sec. 61. Section 6, chapter 108, Laws of 1895 as amended by section 9, chapter 134, Laws of 1909 and RCW 38.44.060 are each amended to read as follows:
All civil
officers in each county, city and town shall allow persons authorized under ((this
act)) RCW 38.20.040 and 38.44.020 through 38.44.060 to make
enrollments, at all proper times, to examine their records and take copies
thereof or information therefrom. It shall be the duty of every person, under
the penalties provided in RCW 38.44.040, upon application of any person legally
authorized to make an enrollment, truthfully to state all of the facts within
his or her knowledge concerning any individual of whom the enroller
shall make inquiry. In event of a violation of this section the enroller shall
report the facts to the prosecuting attorney, who shall at once proceed to
enforce the penalty.
Sec. 62. Section 4, chapter 277, Laws of 1953 as amended by section 1, chapter 181, Laws of 1953 and RCW 38.48.050 are each amended to read as follows:
The
legislature hereby expresses its intention to secure to this state the benefits
of the act of congress entitled the "National Defense Facilities Act"
(((64 Stat. 829, U.S.C. Title 50, section 883))) (10 U.S.C. Sec.
2231, et seq., as amended), and the state military department shall be
charged with the duty to cooperate with any official or agency of the United
States having powers or duties under the provisions of the said act of congress
for the acquisition, construction, expansion, rehabilitation or conversion of
facilities necessary for the administration and training of units of the state
military department and reserve components of the armed forces of the United
States. The provisions of the said act of congress are hereby accepted by this
state and this state will observe and comply with the requirements thereof.
NEW SECTION. Sec. 63. The following acts or parts of acts are each repealed:
(1) Section 44, chapter 130, Laws of 1943 and RCW 38.08.080;
(2) Section 10, page 74, Laws of 1866, section 2351, Code of 1881, section 4, chapter 135, Laws of 1979 ex. sess. and RCW 38.40.071;
(3) Section 39, chapter 130, Laws of 1943 and RCW 38.40.080; and
(4) Section 89, chapter 130, Laws of 1943 and RCW 38.40.160.