H-1013              _______________________________________________

                                                    HOUSE BILL NO. 557

                        _______________________________________________

State of Washington                              50th Legislature                              1987 Regular Session

By Representatives Sayan, Cooper, R. King, Grant, Hargrove and Basich

Read first time 2/2/87 and referred to Committee on State Government.

AN ACT Relating to organized militia; and amending RCW 38.40.040 and 38.40.050.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

        Sec. 1.  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, or with another, wilfully deprives a member of ((the organized militia of Washington)) 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 of his employment or prevents, by himself or another, such member being employed, or obstructs or annoys said member or his employer in his trade, business or employment, because he is such member, or dissuades any person from enlisting in said organized militia by threat or injury to him in his employment, trade or business, in case he 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. 2.  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)) 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 discharged by his employer by reason of the performance of any military duties upon which he may be ordered.  When any member of the organized militia of Washington is ordered upon active duty which takes him from his employment he may apply upon the termination of such duty to be restored to his 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.