HOUSE 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.

House Committe on State Government

Majority Report:  Do pass.  (7)

      Signed by Representatives R. Fisher, Chair; Anderson, Vice Chair; Hankins, Morris, O'Brien, Rector and Sayan.

House Staff:Barbara McLain (786-7135)

AS PASSED HOUSE APRIL 3, 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:

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.

Public disaster is added to the list of circumstances when the expenses of the organized militia may be paid from non-appropriated general fund money.

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.

Fiscal Note:      No Impact.

House Committee ‑ Testified For:    Senator Leo Thorsness; and Robert Watling and Kevin Ryan, Military Department.

House Committee - Testified Against:      None Presented.

House Committee - Testimony For:    The National Guard deserves whatever support the Legislature can give them.  Their operating budget is small; in particular, they ought to be able to address public disasters without destroying their budget.

House Committee - Testimony Against:      None Presented.