Title 38 — Title 38 MILITIA AND MILITARY AFFAIRS
18 chapters · 333 sections in this title.
RCW 38.52.005 State military department to administer emergency management program—Local organizations authorized to change name.
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The department shall administer the comprehensive emergency management program of the state of Washington as provided for in this chapter. All local organizations, organized and performing emergency management functions pursuant to RCW 38.52.070, may change their name and be call…
RCW 38.52.010 Definitions.
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As used in this chapter:(1) "911 emergency communications system" means a public 911 communications system consisting of a network, database, and on-premises equipment that is accessed by dialing or accessing 911 and that enables reporting police, fire, medical, or other emergenc…
RCW 38.52.020 Declaration of policy and purpose.
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(1) Because of the existing and increasing possibility of the occurrence of disasters of unprecedented size and destructiveness as defined in RCW 38.52.010(13), and in order to insure that preparations of this state will be adequate to deal with such disasters, to insure the admi…
RCW 38.52.030 Director—Comprehensive emergency management plan—Statewide 911 emergency communications network—State coordinator of search and rescue operations—State program for emergency assistance—State public infrastructure assistance program—State coordinator for radioactive and hazardous waste emergency response programs—Interagency coordination and prioritization of continuity of operations planning—Catastrophic incidents, program to provide information and education.
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(1) The director may employ such personnel and may make such expenditures within the appropriation therefor, or from other funds made available for purposes of emergency management, as may be necessary to carry out the purposes of this chapter.(2) The director, subject to the dir…
RCW 38.52.037 Comprehensive state mine rescue plan—Submittal to legislature.
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The department shall consult with appropriate local, state, federal, and private sector officials in developing a comprehensive state mine rescue plan. The plan shall identify mine rescue resources, set forth a framework for a coordinated response to mine rescue emergencies, iden…
RCW 38.52.040 Emergency management council—Members—Ad hoc committees—Rules review—Function as state emergency response commission—Cybersecurity advisory committee—Intrastate mutual aid committee.
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(1) There is hereby created the emergency management council (hereinafter called the council), to consist of not more than 21 members who shall be appointed by the adjutant general. The membership of the council shall include, but not be limited to, representatives of city and co…
RCW 38.52.050 Governor's general powers and duties.
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(1) The governor, through the director, shall have general supervision and control of the emergency management functions in the department, and shall be responsible for the carrying out of the provisions of this chapter, and in the event of disaster beyond local control, may assu…
RCW 38.52.070 Local organizations and joint local organizations authorized—Establishment, operation—Emergency powers, procedures—Communication plans.
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(1) Each political subdivision of this state is hereby authorized and directed to establish a local organization or to be a member of a joint local organization for emergency management in accordance with the state comprehensive emergency management plan and program: PROVIDED, Th…
RCW 38.52.073 Communication plan status report—Life safety information communication report.
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(1) Beginning December 1, 2019, the Washington military department emergency management division must submit a report every five years to the relevant committees of the legislature containing the status of communication plans produced under RCW 38.52.070(3)(a).(2) The emergency m…
RCW 38.52.080 Outside aid—Rights and liabilities—Claims.
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(1) Whenever the employees of any political subdivision are rendering outside aid pursuant to the authority contained in RCW 38.52.070 such employees shall have the same powers, duties, rights, privileges, and immunities as if they were performing their duties in the political su…
RCW 38.52.091 Mutual aid and interlocal agreements—Requirements.
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(1) The director of each local organization for emergency management may, in collaboration with other public and private agencies within this state, develop or cause to be developed mutual aid arrangements for reciprocal emergency management aid and assistance in case of disaster…
RCW 38.52.100 Appropriations—Acceptance of funds, services, etc.
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(1) Each political subdivision shall have the power to make appropriations in the manner provided by law for making appropriations for the ordinary expenses of such political subdivision for the payment of expenses of its local organization for emergency management.(2) Whenever t…
RCW 38.52.105 Disaster response account.
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The disaster response account is created in the state treasury. Moneys may be placed in the account from legislative appropriations and transfers, federal appropriations, or any other lawful source. Moneys in the account may be spent only after appropriation. Expenditures from th…
RCW 38.52.107 State hazard mitigation revolving loan account.
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(1) The state hazard mitigation revolving loan account is created in the state treasury. The purpose of the account is to allow the state to use any federal funds that become available to states from congress to fund a state revolving fund loan program as part of the safeguarding…
RCW 38.52.110 Use of existing services and facilities—Impressment of citizenry—First informer broadcasters.
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(1) In carrying out the provisions of this chapter, the governor and the executive heads of the political subdivisions of the state are directed to utilize the services, equipment, supplies, and facilities of existing departments, offices, and agencies of the state, political sub…
RCW 38.52.115 Liability of federal, state, and local agencies, and employees—Facilitation of access of first informer broadcaster.
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Federal, state, and local agencies, and their employees, are not liable for any action, or failure to act, when facilitating access of a first informer broadcaster to an area affected by an emergency or disaster.[ 2019 c 207 s 3.]
RCW 38.52.120 Political activity prohibited.
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No organization for emergency management established under the authority of this chapter shall participate in any form of political activity, nor shall it be employed directly or indirectly for political purposes.[ 1984 c 38 s 12; 1974 ex.s. c 171 s 14; 1951 c 178 s 14.]
RCW 38.52.140 Status of civil service employee preserved.
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Any civil service employee of the state of Washington or of any political subdivision thereof while on leave of absence and on duty with any emergency management agency authorized under the provisions of this chapter shall be preserved in his or her civil service status as to sen…
RCW 38.52.150 Orders, rules, regulations—Enforcement—Availability—Penalty.
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(1) It shall be the duty of every organization for emergency management established pursuant to this chapter and of the officers thereof to execute and enforce such orders, rules, and regulations as may be made by the governor under authority of this chapter. Each such organizati…
RCW 38.52.160 Matching funds from political subdivision may be required.
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The emergency management agency is hereby authorized to require of any political subdivision to which funds are allocated under this chapter for any project, use or activity that such subdivision shall provide matching funds in equal amounts with respect to such project, use or a…
RCW 38.52.170 Plan for federal area.
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Whenever the director finds that it will be in the interest of the emergency management of this state or of the United States, the director may, with the approval of the governor, agree with the federal government, or any agency thereof carrying on activities within this state, u…
RCW 38.52.180 Liability for property damage, bodily injury, death—Immunity—Assumption by state—Indemnification—Immunity from liability for covered volunteers.
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(1) There shall be no liability on the part of anyone including any person, partnership, corporation, the state of Washington or any political subdivision thereof who owns or maintains any building or premises which have been designated by a local organization for emergency manag…
RCW 38.52.190 Compensation for injury or death—Chapter exclusive.
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Except as provided in this chapter, an emergency worker and his or her dependents shall have no right to receive compensation from the state, from the agency, from the local organization for emergency management with which he or she is registered, or from the county or city which…
RCW 38.52.195 Exemption from liability while providing construction, equipment, or work.
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Notwithstanding any other provision of law, no person, firm, corporation, or other entity acting under the direction or control of the proper authority to provide construction, equipment, or work as provided for in RCW 38.52.110, 38.52.180, 38.52.195, 38.52.205, 38.52.207, 38.52.…
RCW 38.52.1951 Application of exemption from liability for architects and engineers.
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For purposes of the liability of an architect or engineer serving as a volunteer emergency worker, the exemption from liability provided under RCW 38.52.195 extends to all damages, so long as the conditions specified in RCW 38.52.195 (1) through (5) occur.[ 1993 c 206 s 2.]
RCW 38.52.198 Emergency care, rescue, assistance, or recovery services in mine rescue or recovery work—Immunity from liability.
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No person engaged in mine rescue or recovery work who, in good faith, renders emergency care, rescue, assistance, or recovery services at the scene of any emergency at or in a mine in this state or who employs, sponsors, or represents any person rendering emergency care, rescue, …
RCW 38.52.200 Liability for compensation is in lieu of other liability—Exception.
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Liability for the compensation provided by this chapter, as limited by the provisions thereof, is in lieu of any other liability whatsoever to an emergency worker or his or her dependents or any other person on the part of the state, the agency, the local organization for emergen…
RCW 38.52.205 Claims arising from emergency management related activities—Filing—Contents.
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All claims against the state for property damages or indemnification therefor arising from emergency management related activities will be presented to and filed with the director of financial management. Contents of all such claims shall conform to the tort claim filing requirem…
RCW 38.52.207 Claims arising from emergency management related activities—Filing—Consideration, adjustment, settlement, etc., by director—Effect.
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The director, with the approval of the attorney general, may consider, ascertain, adjust, determine, compromise and settle property loss or damage claims arising out of conduct or circumstances for which the state of Washington would be liable in law for money damages of two thou…
RCW 38.52.210 Compensation boards—Established.
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(1) In each local organization for emergency management established by the legislative authority of the county in accordance with the provisions of RCW 38.52.070, there is hereby created and established a compensation board for the processing of claims as provided in this chapter…
RCW 38.52.220 Compensation boards—Meetings—Claims not necessitating board meeting.
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Said compensation board shall meet on the call of its chair on a regular monthly meeting day when there is business to come before it. The chair shall be required to call a meeting on any monthly meeting day when any claim for compensation under this chapter has been submitted to…
RCW 38.52.230 Compensation boards—Attendance of witnesses, oaths, rules—Members uncompensated.
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The compensation board, in addition to other powers herein granted, shall have the power to compel the attendance of witnesses to testify before it on all matters connected with the operation of this chapter and its chair or any member of said board may administer oath to such wi…
RCW 38.52.240 Compensation boards—Duties as to compensation applications.
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The compensation board shall hear and decide all applications for compensation under this chapter. The board shall submit its recommendations to the director on such forms as he or she may prescribe. In case the decision of the director is different from the recommendation of the…
RCW 38.52.250 Compensation boards—Quorum—Transmittal of minutes, claims—Appeal to department.
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A majority of the compensation board shall constitute a quorum, and no business shall be transacted when a majority is not present, and no claim shall be allowed when a majority of the board has not voted favorably thereon.The board shall send a copy of the minutes of all meeting…
RCW 38.52.260 When compensation furnished.
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Compensation shall be furnished to an emergency worker either within or without the state for any injury arising out of and occurring in the course of his or her activities as an emergency worker, and for the death of any such worker if the injury proximately causes death, in tho…
RCW 38.52.270 Minors entitled to benefits.
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Emergency workers who are minors shall have the same rights as adults for the purpose of receiving benefits under the provisions of this chapter, but this provision shall not prevent the requirements that a guardian be appointed to receive and administer such benefits until the m…
RCW 38.52.280 Compensation and benefits limited by appropriation.
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No compensation or benefits shall be paid or furnished to emergency workers or their dependents pursuant to the provisions of this chapter except from money appropriated for the purpose of this chapter.[ 1984 c 38 s 29; 1974 ex.s. c 171 s 31; 1953 c 223 s 12.]
RCW 38.52.290 Applicability of workers' compensation law.
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Insofar as not inconsistent with the provisions of this chapter, the maximum amount payable to a claimant shall be not greater than the amount allowable for similar disability under the workers' compensation act, chapter 51.32 RCW as amended by chapter 289, Laws of 1971 ex.sess.,…
RCW 38.52.300 Right of action against third party.
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If the injury to an emergency worker is due to the negligence or wrong of another not on emergency duty, the injured worker, or if death results from the injury, the surviving spouse, children, parents or dependents, as the case may be, shall elect whether to take under this chap…
RCW 38.52.310 Coverage, classification, registration, of workers.
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The department shall establish by rule and regulation various classes of emergency workers, the scope of the duties of each class, and the conditions under which said workers shall be deemed to be on duty and covered by the provisions of this chapter. The department shall also ad…
RCW 38.52.320 Schedule of payments.
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The department shall provide each compensation board with the approved maximum schedule of payments for injury or death prescribed in chapter 51.32 RCW: PROVIDED, That nothing in this chapter shall be construed as establishing any liability on the part of the department of labor …
RCW 38.52.330 Expenditures authorized—Claims, payment and disposition—Appeals.
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The department is authorized to make all expenditures necessary and proper to carry out the provisions of this chapter including payments to claimants for compensation as emergency workers and their dependents; to adjust and dispose of all claims submitted by a local compensation…
RCW 38.52.340 Benefits under other compensation plans.
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Nothing in this chapter shall deprive any emergency worker or his or her dependents of any right to compensation for injury or death sustained in the course of his or her regular employment even though his or her regular work is under direction of emergency management authorities…
RCW 38.52.350 Benefits furnished under federal law—Reduction of state benefits.
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Should the United States or any agent thereof, in accordance with any federal statute or rule or regulation, furnish monetary assistance, benefits, or other temporary or permanent relief to emergency workers or to their dependents for injuries arising out of and occurring in the …
RCW 38.52.360 Medical, surgical or hospital treatment.
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If, in addition to monetary assistance, benefits or other temporary or permanent relief, the United States or any agent thereof furnishes medical, surgical or hospital treatment or any combination thereof to an injured emergency worker, then the emergency worker has no right to r…
RCW 38.52.370 Medical, surgical or hospital treatment—Reimbursement.
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If, in addition to monetary assistance, benefits, or other temporary or permanent relief, the United States or any agent thereof, will reimburse an emergency worker or his or her dependents for medical, surgical or hospital treatment, or any combination thereof, furnished to the …
RCW 38.52.380 State compensation denied if payment prevents federal benefits.
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If the furnishing of compensation under the provisions of this chapter to an emergency worker or his or her dependents prevents such emergency worker or his or her dependents from receiving assistance, benefits, or other temporary or permanent relief under the provisions of a fed…
RCW 38.52.390 Contracts or work on cost basis for emergency management activities.
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The governor, or upon his or her direction, the director, or any political subdivision of the state, is authorized to contract with any person, firm, corporation, or entity to provide construction or work on a cost basis to be used in emergency management functions or activities …
RCW 38.52.400 Search and rescue activities—Powers and duties of local officials.
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(1) The chief law enforcement officer of each political subdivision shall be responsible for local search and rescue activities. Operation of search and rescue activities shall be in accordance with state and local operations plans adopted by the elected governing body of each lo…
RCW 38.52.410 Search and rescue activities—Distribution of funds for compensation and reimbursement of volunteers.
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Funds received by the department specifically for the purposes of compensating search and rescue volunteers shall be distributed by the director to help fund medical and compensation coverage provided by this chapter and provide reimbursement by the state for: (1) Costs involved …