AN ACT Relating to the militia and military affairs; adding a new chapter to Title 38 RCW; and repealing chapters 38.04, 38.08, 38.12, 38.14, 38.16, 38.20, 38.24, 38.32, 38.36, 38.38, 38.40, 38.44, and 38.48 RCW; and prescribing penalties.

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

NEW SECTION. Sec. 1. (1) The militia of the state consists of all able-bodied citizens of the United States and all other able-bodied persons who have declared their intention to become citizens of the United States, who reside in the state, and who are between the ages of seventeen and fifty-nine years, inclusive, and are eligible for military service under the laws of the United States or this state.

(2) The militia is divided into two classes:

(a) The organized militia, consisting of the Washington national guard, the Washington naval militia, and the Washington state militia; and

(b) The unorganized militia, consisting of all qualified persons available for service but not serving in the organized militia.

NEW SECTION. Sec. 2. The following are exempt from militia service:

(1) Persons exempt by the laws of the United States;

(2) Judges of the courts of the state; and

(3) Members and officers of the state legislature.

NEW SECTION. Sec. 3. (1) The Washington national guard consists of:

(a) Members of the militia who have voluntarily enlisted and who, upon original enlistment, are organized, armed, equipped, and federally recognized according to the laws of the United States; and

(b) Commissioned officers and warrant officers who are citizens of the United States, having the qualifications prescribed by federal law and regulations, and who are appointed and commissioned or warranted by the governor.

(2) Former members of the regular army, navy, or marine corps under sixty-four years of age may enlist in the Washington militia.

(3) The Washington naval militia consists of units authorized by the governor, organized, equipped, trained, and administered as prescribed by state and federal law and regulation, and manned by personnel who are:

(a) Members of the United States naval reserve or the United States marine corps reserve; and

(b) Enlisted, appointed, commissioned, or warranted under the laws and regulations of the United States.

(4) The Washington state militia consists of units authorized by the governor, and manned by volunteer personnel qualifying under state law and regulation. All state militia personnel shall be:

(a) Appointed, commissioned, or warranted, and assigned by the governor or the adjutant general as his or her designee;

(b) Subject to serve on state active duty at the call and by order of the governor.

NEW SECTION. Sec. 4. 48 U.S.C. Secs. 473 through 479 pertaining to the national guard apply to the existing units and individuals of the military forces in the state, heretofore organized and known as the Washington national guard, and this organization is ratified and confirmed.

NEW SECTION. Sec. 5. The governor as commander in chief may organize units in communities so requesting and specifically provide for organization of at least two scout battalions in accordance with special authority of the United States department of defense.

NEW SECTION. Sec. 6. The governor as ex officio commander of the militia of the state has command of the national guard and the naval militia while they are not in active federal service. He or she may adopt necessary regulations for them not inconsistent with 48 U.S.C. Secs. 473 through 479. Except as otherwise prescribed by those sections, the national guard and the naval militia and their members are subject to all federal laws and regulations relating to the national guard and naval militia of the several states and territories and of the United States.

NEW SECTION. Sec. 7. In the event of war, disaster, insurrection, rebellion, tumult, catastrophe, invasion, or riot; or if a mob or body of men or women act 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 the state, or the United States; or in the case of imminent danger of the occurrence of any of these events; or whenever responsible civil authorities fail to preserve law and order, or protect life and property, or the governor believes that such failure is imminent, the governor may order the organized militia or any part of it, into active state service to execute the laws and to perform such duties in connection therewith as he or she considers proper. Whenever any portion of the militia is ordered into active service by the governor, it becomes an additional police force, retaining its separate entity and operating at all times as a military organization under military command, with power to cooperate with, but not to supersede the existing civilian law enforcement officers, whenever possible, for the reestablishment of law and order and for the protection of life and property. The governor may also order members of the organized militia to active state service, with their consent, for the purpose of training or for full-time duty with the office of the adjutant general.

NEW SECTION. Sec. 8. Whenever any portion of the militia is ordered to duty by the governor, the decision of the governor is final.

NEW SECTION. Sec. 9. The governor may proclaim martial law when the public safety requires it in case of rebellion or actual or imminent invasion, and may order all or any part of the organized militia into active state service to enforce the proclamation. The militia shall assume only those functions of civil government specified by the governor, or those which, in the discretion of the militia commander, must be assumed in order to accomplish a specific mission assigned by the governor. Martial law may not continue for longer than twenty days without the approval of a majority of the members of the legislature in joint session.

NEW SECTION. Sec. 10. A state militia may be organized through voluntary enlistments under regulations as to discipline and training which may be prescribed by the governor. During the time that the national guard or the naval militia, or any part of either, is not available to the state by reason of active federal service, or the national guard or naval militia requires augmentation to perform its state mission, the governor may activate the state militia.

NEW SECTION. Sec. 11. In the event of imminent invasion by a foreign power and for the same reasons set forth in section 7 of this act, if the governor has ordered into active service all of the available organized militia or if the organized militia is in active federal service, the governor may order the unorganized militia, or any portion of it deemed necessary, into active service, and have them perform such military duty for the state subject to this chapter, as the circumstances require.

NEW SECTION. Sec. 12. A member of the militia who is ordered into active service and who refuses or willfully or negligently fails to report at the time and place and to the officer designated in the order or to the officer's representative is guilty of desertion and shall be punished as a general court-martial directs, unless the member produces a sworn certificate from a licensed physician of good standing that the member was physically unable to appear at the time and place designated. A person chargeable with desertion under this section may be taken by force and compelled to serve.

NEW SECTION. Sec. 13. A physician who knowingly makes and delivers a false certificate of physical disability concerning a person ordered to active service shall be tried in state court for a violation of RCW 9A.76.020 or any other applicable provision of the state criminal codes. Upon conviction, the physician forever forfeits his or her license and right to practice his or her profession in this state.

NEW SECTION. Sec. 14. 50 U.S.C. Secs. 501 through 590, pertaining to the temporary suspension of enforcement of civil liabilities of persons in the military service of the United States, apply to members of the national guard and naval militia while on active duty for the state by order of the governor.

NEW SECTION. Sec. 15. Members of the militia ordered into active service for the state by order of the governor are not liable civilly or criminally for any act done by them in their official capacity while serving. If a suit is commenced in a court against an officer or enlisted person of the militia as a result of an act done by the officer or enlisted person in his or her official capacity while in active service, the defendant may require the person instituting the suit to give security for the payment of costs. If judgment is for the defendant, treble costs shall be assessed against the plaintiff. The defendant in the action shall be defended by the attorney general at the expense of the state but the defendant may employ private counsel.

NEW SECTION. Sec. 16. A commanding officer of the militia engaged under proper authority in the suppression of any of those acts listed in section 7 of this act may determine the means to be used in controlling or dispersing any mob or other unlawful assembly. A commanding officer exercising this discretion is not liable in either a civil or criminal action for an act done in the line of duty.

NEW SECTION. Sec. 17. (1) The adjutant general of the state is appointed by the governor. The governor shall prescribe the grade of the adjutant general which shall not exceed major general. To be eligible for appointment as adjutant general, a person shall be a citizen of the state. The adjutant general shall make returns and reports to the chief, national guard bureau, and to the governor or to the officers designated by the chief, national guard bureau, and the governor, at the times and in the form prescribed.

(2) The adjutant general shall execute a bond running to the state in the penal sum of twenty thousand dollars conditioned upon the faithful performance of his or her duties. The attorney general shall approve the bond and the bond shall be filed with the department of licensing. The state shall pay the cost of the bond.

NEW SECTION. Sec. 18. The governor's command is exercised through the adjutant general, who shall carry out the policies of the governor in military affairs. The adjutant general represents the governor and shall act in conformity with the governor's instructions. The adjutant general shall exercise control over the military department of the state.

NEW SECTION. Sec. 19. (1) The headquarters of the state national guard is composed of an army national guard component, an air national guard component, and a naval militia component. The naval militia shall be commanded by an assistant adjutant admiral with a grade no higher than rear admiral. The army national guard component and the air national guard component shall each be commanded by an assistant adjutant general appointed by the adjutant general with the concurrence of the governor. An assistant adjutant general shall, while holding office, have the grade of brigadier general or a lower grade which the adjutant general may prescribe. On initial appointment an assistant adjutant general must hold a federally recognized field-grade commission with at least five years service in the state army national guard or in the state air national guard.

(2) The adjutant general may appoint necessary officers, enlisted persons, and civilian employees to the headquarters staff.

NEW SECTION. Sec. 20. (1) The adjutant general shall make and publish orders and regulations not contrary to law which in his or her judgment are necessary to bring the organizations, armament, equipment, and discipline of the organized militia to a high degree of efficiency. He or she shall perform all the administrative functions incident to the operation of the state national guard and the state naval militia. In addition the adjutant general shall have an inventory taken at least once each year of all state military stores, property, and funds under his or her jurisdiction.

(2) Before January 2 of each year the adjutant general shall prepare a detailed report of all the transactions of his or her office, showing the receipts and expenditures of his or her office for the preceding year.

NEW SECTION. Sec. 21. No person may be commissioned or warranted in any office of the national guard or the naval militia of the state unless he or she is examined and adjudged qualified for the office by an examining board appointed by the commander in chief, except that at the discretion of the adjutant general the proceedings of federal examining boards may be accepted instead of a state board. The composition, appointment, and procedure of examining boards and the nature and scope of examinations shall be as prescribed by the military laws or regulations of the United States or this state.

NEW SECTION. Sec. 22. (1) The adjutant general, the assistant adjutants general, and admiral serve at the pleasure of the governor.

(2) When federal recognition of an officer's commission or warrant has been withdrawn, his or her state appointment as a commissioned or warrant officer may be terminated, and his or her commission or warrant vacated upon the recommendation of the adjutant general and approval of the governor.

(3) When a commissioned or warrant officer has successfully completed the prescribed term of service so as to be eligible for retirement, he or she may be placed upon the retired list upon the recommendation of the adjutant general and approval of the governor.

(4) Commissioned or warrant officers may tender their resignations through national guard or naval militia command channels. Resignations shall be in writing, stating the reason for resignation, and shall take effect when accepted by the adjutant general upon the approval of the governor.

NEW SECTION. Sec. 23. Every commissioned officer and enlisted person upon reaching the maximum age prescribed for active duty by appropriate regulations and every commissioned officer or enlisted person who is disabled or incapacitated for active duty through no fault or dereliction of his or her own, and every commissioned officer or enlisted person who serves honorably with the state national guard or with the state naval militia in any capacity and is unable to perform further active duty due to limitations imposed by appropriate regulations may be placed within the retired list upon recommendation by the adjutant general and approval of the governor.

NEW SECTION. Sec. 24. (1) There is established a state national guard and naval militia retirement system. The state department of retirement systems shall administer the national guard and naval militia retirement system.

(2) The director may adopt rules to implement the national guard and naval militia retirement system. Rules adopted under this subsection relating to the internal management of state agencies and their adoption is not subject to the administrative procedure act.

NEW SECTION. Sec. 25. A member of the national guard or naval militia shall be included in this retirement system upon commencement of membership in the national guard, or upon commencement of membership in the naval militia.

NEW SECTION. Sec. 26. (1) An active member of the national guard or a member of the naval militia is eligible for a retirement pension:

(a) Upon voluntary retirement from the national guard or naval militia after a total of twenty years or more of satisfactory service in the national guard, naval militia, or the armed forces of the United States, and the reserves of them, or any combination of service in these components if at least five years of the service is in the national guard or naval militia; or

(b) Upon involuntary retirement because of federal standards imposed on the national guard or naval militia, regardless of length of service.

(2) The retirement pension is one hundred dollars a month, payable for the same number of months that the member participated satisfactorily in the national guard or naval militia.

(3) An eligible member or former member may elect to receive his or her retirement pension beginning on the first day of the month in which he or she becomes eligible for retirement, or the member or former member may elect to defer payment to a later date. Payment of a deferred retirement benefit may not begin until application for the benefit is filed. Deferred retirement payments must be made monthly at the rate of one hundred dollars.

(4) A retirement benefit payable to a member at the time of the death of the member shall be paid in a lump sum to the designated beneficiary of the member. The member may change or revoke the designation of a beneficiary without notice to the beneficiary at any time. If a member designates more than one beneficiary, each shall share equally unless the member specifies a different allocation. The designation of a beneficiary and a change or revocation of a beneficiary shall be made on a form provided and is not effective until filed. If a member fails to designate a beneficiary or if no designated beneficiary survives the member, the death benefit under this subsection shall be paid to his or her estate.

NEW SECTION. Sec. 27. A person who was a member of the national guard on or after January 1, 1969, is entitled to credit for his or her service to the state in determining eligibility for retirement benefits under section 26 of this act.

NEW SECTION. Sec. 28. (1) The state shall contribute to the national guard and naval militia retirement system the amounts determined as necessary to:

(a) Fund the system based on the actuarial requirements of the system as established by the director; and

(b) Administer the system.

(2) The amount required for contributions from the state militia under (a) of this subsection shall be included in the annual appropriations made to the state militia.

NEW SECTION. Sec. 29. Unless the context clearly requires otherwise, the definitions in this section apply throughout sections 24 through 28 of this act.

(1) "Beneficiary" means a person designated by the member in a writing filed with the system by the member while alive to receive benefits that may be due from the system upon the death of a member.

(2) "Member" means a commissioned or warrant officer or an enlisted person in the national guard or naval militia.

(3) "System" means the state national guard and naval militia retirement system.

NEW SECTION. Sec. 30. (1) The legislature shall establish, as a special account in the general fund, a fund for the system and maintain accounts and records for the system.

(2) All income of the fund and all disbursements made by the fund must be credited or charged, whichever is appropriate, to the following accounts:

(a) An individual account for each retired member of the system that records the benefits paid under this system to the member or surviving beneficiary;

(b) A separate account for the contribution to fund the system based on the actuarial requirements of the system as established by the director under this chapter;

(c) An expense account for the system to be charged with all disbursements representing administrative expenses incurred by the system. Expenditures from this account are to be included in the governor's budget for each fiscal year.

(3) Investment of surplus amounts in the fund may be made as provided by statute.

NEW SECTION. Sec. 31. (1) Buildings and sites for armory purposes may be leased or constructed, based upon location and size of units to be organized, and shall be financed through state or federal appropriations, or both. These facilities may be made available by local communities or by cooperative arrangement between the state and the federal government and any local community.

(2) The armory of each battalion, company, or other unit is subject to the order of the adjutant general and under the charge of its armory board which shall keep in the armory all property furnished by the state. Except for scout battalions organized under special authority of the secretary of the army, no unit may be furnished with arms or equipment until a suitable armory is provided for their deposit. Subject to regulations adopted by the adjutant general, an armory may be used for any reasonable and legitimate civilian activity so long as the activity does not interfere with its use for military purposes. Proceeds received as rental or otherwise at an armory from nonmilitary use shall be deposited in the state general fund.

(3) The adjutant general shall administer all target ranges belonging to or leased by the state for national guard purposes. Gallery ranges may be maintained at all armories occupied by state troops and every command shall be given suitable instruction in marksmanship under direction of its commander, and regulations as authorized by the adjutant general.

NEW SECTION. Sec. 32. Unless prohibited by federal regulation, no less than once every two training years, each unit of the state army national guard shall train for annual active duty training at a site other than its regular base training site. Every effort shall be made to select a training site in a different type of environment from that of the regular base training site.

NEW SECTION. Sec. 33. Any able-bodied person of good character who is a citizen of the United States or has declared his or her intention of becoming a citizen is eligible for enlistment in the national guard or naval militia at such ages and for such periods of time as are prescribed in federal or state regulations in effect at the time of enlistment.

NEW SECTION. Sec. 34. An enlisted person who is discharged from service in the organized militia of the state shall receive a notice of discharge in writing in the form and classification prescribed by state law or regulations. In time of peace or when there is no declaration of national emergency, a discharge may be given before the expiration of terms of enlistment under regulations prescribed by competent authority.

NEW SECTION. Sec. 35. (1) The adjutant general is charged with all disbursements of pay and allowances for service of the troops.

(2) Members of the national guard and naval militia are entitled to receive, for each day of active service under section 7 of this act, pay and allowances equal to those provided by federal laws and regulations for members of equivalent grades of the United States armed forces. However, a member will not receive less than sixty-five dollars per day for active service. The minimum payment of sixty-five dollars shall be increased one percent for each percent increase in the consumer price index of Seattle, Washington, as determined by the United States department of labor, bureau of labor statistics, not to exceed an annual increase of ten percent. The increase, if any, takes effect not more than thirty days after the release of the consumer price index.

(3) A member of the national guard or naval militia who, while on active service under section 7 of this act, and lawfully performing duties, including transit to and from the member's home of record, suffers a disability is entitled to all compensation and benefits available under the state workers' compensation act.

(4) If a member of the national guard or naval militia dies as a result of a disability suffered while on active service and while lawfully performing duties, including transit to and from the member's home of record, death benefits shall be paid to the appropriate persons in the amounts specified by statute.

(5) In this section, "member" means an active commissioned or warrant officer or enlisted man or woman in the national guard or naval militia.

NEW SECTION. Sec. 36. (1) An enlisted member of the national guard or the naval militia who extends or reenlists within thirty days after completing a term of service is entitled to a bonus if:

(a) The extension or reenlistment is for the maximum authorized term;

(b) At the time of the extension or reenlistment the member has not less than three years of service creditable for retirement purposes; and

(c) On completion of the term for which the member extends or reenlists, the member will have not more than twelve years of service creditable for retirement purposes.

(2) The bonus is five hundred dollars for each year of extension or reenlistment, but may not exceed a total of three thousand dollars for a member's entire service. The bonus is payable at the satisfactory completion of each year of extension or reenlistment.

NEW SECTION. Sec. 37. All bills, claims, and demands for military purposes shall be certified and audited as prescribed by law and shall be paid from the state general fund in the normal manner upon submission of vouchers by the adjutant general. If the organized militia, or any part of it, is called into active service of the state in case of war, disaster, insurrection, rebellion, tumult, riot, invasion, breach of peace, or to execute or enforce the law, vouchers for legally allowed pay and expenses for this service or compensation for injuries shall be drawn upon the general fund of the state treasury and paid out of money in that fund not otherwise appropriated.

NEW SECTION. Sec. 38. There shall be provided by the state, transportation and subsistence for all officers and enlisted persons who are ordered into active service by the state for encampment, field duty, or other duty. Necessary transportation, stores, and subsistence for troops when ordered on duty shall be contracted by the proper officers and paid for as other military bills.

NEW SECTION. Sec. 39. The governor may requisition from the secretary of defense such arms and equipment as are available for state forces, and make available to state forces the facilities of state armories not required by the federal government and their equipment as may be available.

NEW SECTION. Sec. 40. (1) Each active enlisted member of the national guard or naval militia who has completed the initial voluntary enlistment period of service which fulfills the mandatory requirement for military service under the military selective service act of 1967 (P.L. 90-40; 81 Stat. 100; 50 U.S.C. App., Secs. 451 through 456 and 458 through 471) is eligible for educational assistance benefits in state educational facilities. Notwithstanding the reference to mandatory military service requirements, each active enlisted female member is fully eligible for educational assistance benefits under this section after completing six years of enlisted service.

(2) Educational programs and monetary benefits available to persons under subsection (1) of this section are based on and equivalent to those of the federal veterans administration education program.

(3) For the purposes of computing eligible benefits under this section, each retirement point earned as a member of the national guard or naval militia is equivalent to one day's active military service. Computation of credit for retirement points is based on the retirement credits record in accordance with existing federal national guard and reserve regulations.

(4) Persons applying for or receiving educational assistance benefits under this section are ineligible to apply for or receive benefits under section 41 of this act.

NEW SECTION. Sec. 41. (1) To the extent funds are available, the adjutant general shall authorize the payment of not more than fifty percent of the cost of tuition and required fees for each active or retired member of the national guard or naval militia who attends an educational, vocational, or technical training school in Washington. Payments authorized under this section continue so long as the active member participates satisfactorily in unit training activities or a retired member is on the retired list and pursues the course of study in a manner acceptable to the school.

(2) Persons who have established eligibility for educational assistance benefits under the veterans administration education program, 38 U.S.C. Secs. 1651 through 1687, section 40 of this act, or any other educational benefits by having served in active or reserve forces of the United States other than those mentioned in subsection (1) of this section are not eligible for tuition assistance under this section.

NEW SECTION. Sec. 42. (1) The expense incident to and connected with the holding of military courts in this state under this chapter shall be paid out of the state general fund under orders, rules, and regulations issued by the adjutant general with the approval of the governor.

(2) Whenever the sentence of a general court-martial includes a fine, and the sentence is approved by proper authority, the adjutant general shall issue an execution warrant for the collection of the fine directed to any peace officer of the judicial district in which the person against whom the fine is imposed resides. The officer shall proceed in the same manner as if he or she were authorized in a civil suit, and the officer shall make return to the adjutant general within twenty days after receiving the execution warrant. In default of the payment of the fine, or if the officer carrying out the execution certifies that there is no property of the defendant out of which to satisfy the fine, the adjutant general shall issue a commitment for placement of the delinquent in a specified guardhouse or jail. The warrant of commitment for the default shall specify the amount in dollars of the fine or unpaid balance of it and the delinquent shall remain in the custody of the keeper or warden of the guardhouse or jail one day for each five dollars of the unpaid sum.

(3) Whenever the sentence of a general court-martial includes imprisonment in a jail or guardhouse, and the sentence is approved by proper authority, the adjutant general shall issue an appropriate commitment, directed to the authority in charge of the jail or guardhouse charged with carrying out the sentence and the authority shall make return of the commitment to the adjutant general. If the sentence includes imprisonment in a military guardhouse, the sentence shall be executed by order of or arrangement made by the officer approving the sentence.

(4) All fines levied and collected under this section shall be paid to the department of revenue for deposit in the state general fund.

(5) For each day of duty as a member of a general court-martial, or as a witness under summons from the president or judge advocate of the court, officers and enlisted persons shall be paid as provided in section 35 of this act.

(6) The presiding officer, or recorder of a military board appointed to conduct an investigation or survey, or an officer detailed for that purpose may administer oaths to any witness attending to testify in the investigation.

(7) All expenses incident to conduct of military boards shall be paid for upon proper vouchers drawn against the state general fund.

(8) If a member of the national guard or naval militia is prosecuted by civil or criminal action for an act performed or committed by him or her or an act caused, ordered, or directed by him or her to be done or performed in furtherance of and while in the performance of his or her military duty, the expenses of the defense of the action, civil or criminal, including attorney fees, witness fees for the defense, defendant's court costs, and all costs for transcripts of records and abstracts on appeal by the defense, shall be paid out of the state general fund.

NEW SECTION. Sec. 43. (1) In no case may any part of the national guard, naval militia, or state militia be used against any labor organization or for the purpose of strike breaking within the state.

(2) No part of the state military forces may leave the state with arms and equipment without the consent of the commander in chief.

(3) A person who, either by himself or herself or with another, willfully deprives a member of the national guard or naval militia of his or her employment or prevents his or her being employed by himself or herself or another, or obstructs or annoys the member of the national guard or naval militia or his or her employer in respect of his or her trade, business, or employment, because the member of the national guard or naval militia is a member, or in any way dissuades any person from enlisting in the national guard or naval militia by threat or injury to him or her in respect of his or her employment, trade or business, if he or she so enlists, is guilty of a misdemeanor, and upon conviction is punishable by a fine of not more than one hundred dollars.

(4) All matters relating to the organization, discipline, and government of the national guard or naval militia, not otherwise provided for by the laws of the United States, this chapter, or regulations issued by the president shall be governed by regulations issued by the adjutant general and approved by the governor, and the regulations when adopted, have the same force and effect as though enacted in this chapter.

NEW SECTION. Sec. 44. (1) A veteran may record without fee his or her armed forces report of separation at a recorder's office of the department of natural resources. Each recorder's office shall periodically submit to the bureau of vital statistics copies of the reports of separation which it records.

(2) The bureau of vital statistics shall keep a record from copies of reports received under subsection (1) of this section and from information voluntarily submitted to the bureau by veterans of all persons who are bona fide residents of Washington and who actively served in the Washington territorial guard, national guard, organized reserve units, United States army, navy, air force, marine corps, or coast guard since April 6, 1917. The record shall contain the name, age, and place of residence at the time of entering service, place and date of commission, enlistment or induction, branch of service, record of service, and the date, place, and nature of discharge.

NEW SECTION. Sec. 45. (1) Upon application by the personal representative or heirs, the division of veterans' affairs shall pay a burial expense allowance not to exceed seven hundred fifty dollars for burial in Washington of a veteran who was a resident of the state at the time of death.

(2) Burial paid for under this section may not be in a cemetery or in a portion of a cemetery used exclusively for the burial of paupers.

(3) A burial allowance may be paid for a person otherwise eligible under subsection (1) of this section even if that person dies while temporarily absent from the state.

(4) In this section "veteran" means:

(a) A person who is serving or has served in a branch of the armed services of the United States:

(i) Who at the time of induction into the service was a resident of the territory or state, who had been a resident for not less than one year immediately before induction, and who returned to the territory or state within one year after discharge as a resident with the intention of remaining in the territory or state; or

(ii) Who, not being a bona fide resident of the territory or state at the time of entry into the service, had been a resident of the territory or state for at least one year at the time of death; and

(iii) Whose discharge was under honorable conditions; or

(b) A person who had served in the Washington army national guard, air national guard, or naval militia or who had served in a reserve unit of the United States armed forces in Washington if the reserve unit required, as a minimum, one weekend each month of duty and fifteen consecutive days of active duty training each year for not less than three years and whose discharge was under honorable conditions.

NEW SECTION. Sec. 46. The provisions of this chapter, except those provisions relating to the payment of bonuses, are extended to persons who served other than dishonorably on active duty between June 25, 1950, and January 31, 1955, who served other than dishonorably on active duty between August 4, 1964, and November 7, 1975, and to dependents of such persons, subject to the following provisions and eligibility qualifications.

(1) Persons are eligible who:

(a) Were discharged other than dishonorably from the armed forces of the United States or who are released to a reserve component; and

(b) At the time of entry into the service were bona fide residents of the territory or state of Washington and had been residents of the territory or state for not less than one year before their entry into the service; and who have returned to the territory or state within a reasonable length of time after discharge or separation as residents with the intention of remaining in the territory or state; or who, not being bona fide residents of the territory before their entry into the service, have lived in the territory or state for at least five years following their release from active military service; and

(c) Served in the armed forces of the United States for ninety days or more, or whose service was for a lesser period because of injury or disability incurred in line of duty, between June 25, 1950, and January 31, 1955, or who served in the armed forces of the United States for ninety days or more or whose service was for a lesser period because of injury or disability incurred in line of duty, between August 4, 1964, and July 1, 1977.

(2) Persons are eligible who were dependent upon a member of the armed forces or upon a veteran eligible for the benefits of this chapter at the time of the member's or veteran's death if the member or veteran was a resident of the territory for one year before entry into service and died before November 5, 1975. Dependents shall be unmarried and the deceased veteran or member of the armed forces shall have been their chief means of support and they shall be either a widow, widower, minor child, or a mother, father, sister, or brother incapable of self-support. Dependents shall be residents of the state at the time of application and shall intend to remain residents in the state permanently. The rights of minor children under this chapter may be exercised only if they have no surviving parent and have an appointed guardian who may apply on their behalf for the benefits of this chapter for their care, support, or education.

(3) No person unless he or she has lived in the state or territory for at least five years following his or her release from active military service is eligible for the benefits of this section who is eligible for veterans' benefits under the laws of any other state or territory. A World War II veteran who received a bonus under this chapter need not repay the bonus in order to qualify under the loan provisions of this section.

(4) For persons otherwise eligible for the benefits under this section, who did not return to the state or territory within one year after separation from the service unless prevented from doing so for medical, educational, or other valid purposes approved by the department of trade and economic development within one year after separation from the service, an additional requirement of four years' residence in the state or territory before their entry into the service is imposed to entitle them to the benefit provisions of this section.

NEW SECTION. Sec. 47. Sections 1 through 46 of this act shall constitute a new chapter in Title 38 RCW.

NEW SECTION. Sec. 48. The following chapters and their session law bases are each repealed:

38.04, 38.08, 38.12, 38.14, 38.16, 38.20, 38.24, 38.32, 38.36, 38.38, 38.40, 38.44, and 38.48 RCW.