Title 38 — Title 38 MILITIA AND MILITARY AFFAIRS
18 chapters · 333 sections in this title.
RCW 38.40.020 Not liable for exercise of judgment.
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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 discretion a…
RCW 38.40.025 Liability of state for federal activities.
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Neither the state of Washington, its officers, employees, or agents, nor any member of the militia may be held liable in any civil action for damages arising out of any of the activities of the military forces of the state of Washington while engaged in activities during which th…
RCW 38.40.030 Compensation for death or disability.
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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 organized militia, he or she shall receive from the state of Washington just and reasonable relief in the amount to be determi…
RCW 38.40.040 Interference with employment—Penalty.
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A person, who either alone, or with another, wilfully deprives a member of the organized militia of Washington of his or her employment or prevents such member being employed, or obstructs or annoys said member or his or her employer in their trade, business or employment, becaus…
RCW 38.40.050 Discharge from employment—Penalty.
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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 state service or inac…
RCW 38.40.060 Military leave for public employees.
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(1) 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 a…
RCW 38.40.100 Notice for duty.
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Orders for duty may be oral or written. Officers and enlisted 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 …
RCW 38.40.110 Employment or membership in other organizations—Discrimination prohibited—Penalty—Civil cause of action.
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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 hi…
RCW 38.40.120 Authorized military organizations.
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No organized body 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 th…
RCW 38.40.130 Corporations may be formed.
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The officers, or the officers and enlisted persons of any regiment, battalion, company or similar unit of the organized militia of Washington, or the officers and enlisted persons of any two or more companies or similar units of the organized militia of the state of Washington, l…
RCW 38.40.150 Property to remain public property.
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All property issued to organizations and members of the organized militia of Washington shall be and remain public property.[ 1943 c 130 s 38; Rem. Supp. 1943 s 8603-38. Prior: 1917 c 107 s 33; 1909 c 134 s 51; 1895 c 108 s 78.]
RCW 38.40.200 Military department capital account.
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The military department capital account is created in the state treasury. All receipts from the sale of state-owned military department property must be deposited into the account. Money in the account may be spent only after appropriation. Expenditures from the account may be us…
RCW 38.40.210 Military department rental and lease account.
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*** CHANGE IN 2026 *** (SEE 5998-S.SL) ***The military department rental and lease account is created in the state treasury. All receipts from the rental or lease of state-owned military department property must be deposited into the account. Money in the account may be spent onl…
RCW 38.40.220 Military department active state service account.
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The military department active state service 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 appropriatio…
RCW 38.40.230 Purple heart state—Signage—Account.
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(1) Any state agency operating pursuant to this title is authorized to erect signs recognizing that Washington state is a purple heart state as designated in RCW 1.20.190. State agencies are authorized to accept gifts or donations to assist efforts related to Washington state bei…
RCW 38.42.010 Definitions.
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*** CHANGE IN 2026 *** (SEE 5420.SL) ***The definitions in this section apply throughout this chapter, unless the context clearly requires otherwise.(1) "Attorney general" means the attorney general of the state of Washington or any person designated by the attorney general to ca…
RCW 38.42.020 Applicability of chapter.
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(1) Any service member who is ordered to report for military service and his or her dependents are entitled to the rights and protections of this chapter during the period beginning on the date on which the service member receives the order and ending one hundred eighty days afte…
RCW 38.42.030 Protection of persons secondarily liable.
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(1) Whenever pursuant to this chapter a court stays, postpones, or suspends (a) the enforcement of an obligation or liability, (b) the prosecution of a suit or proceeding, (c) the entry or enforcement of an order, writ, judgment, or decree, or (d) the performance of any other act…
RCW 38.42.040 Waiver of rights pursuant to written agreement.
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(1) A service member may waive any of the rights and protections provided by this chapter. In the case of a waiver that permits an action described in subsection (2) of this section, the waiver is effective only if made pursuant to a written agreement of the parties that is execu…
RCW 38.42.050 Protection of service members and their dependents against default judgments.
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(1) This section applies to any civil action or proceeding in which a service member or his or her dependent is a defendant and does not make an appearance under applicable court rules or by law.(2) In any action or proceeding covered by this section, the court, before entering j…
RCW 38.42.060 Stay of proceedings when service member has notice.
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(1) This section applies to any civil action or proceeding in which a defendant at the time of filing an application under this section:(a)(i) Is in military service, or it is within one hundred eighty days after termination of or release from military service; or(ii) Is a depend…
RCW 38.42.070 Fines and penalties under contracts.
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(1) If an action for compliance with the terms of a contract is stayed pursuant to this chapter, a penalty shall not accrue for failure to comply with the terms of the contract during the period of the stay.(2) If a service member or his or her dependent fails to perform an oblig…
RCW 38.42.080 Codefendants.
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If the service member or his or her dependent is a codefendant with others who are not in military service and who are not entitled to the relief and protections provided under this chapter, the plaintiff may proceed against those other defendants with the approval of the court.[…
RCW 38.42.090 Computation of statutes of limitation.
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(1) The period of a service member's military service may not be included in computing any period limited by law, rule, or order, for the bringing of any action or proceeding in a court, or in any board bureau, commission, department, or other agency of a state, or political subd…
RCW 38.42.100 Inappropriate use of chapter.
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If a court determines, in any proceeding to enforce a civil right, that any interest, property, or contract has been transferred or acquired with the intent to delay the just enforcement of such right by taking advantage of this chapter, the court shall enter such judgment or mak…
RCW 38.42.110 Restructure of business loan interest rate.
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(1) Upon the request of a service member with a qualifying business loan, the financial institution must restructure the interest rate of the loan to the equivalent provisions in the federal servicemembers civil relief act (50 U.S.C. App. 501 et seq.). The service member must not…
RCW 38.42.120 Federal servicemembers civil relief act—Applicability.
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(1) The federal servicemembers civil relief act of 2003, P.L. 108-189, as amended, is specifically declared to apply in proper cases in all the courts of this state.(2) A violation of the federal servicemembers civil relief act of 2003 is a violation of this chapter.[ 2014 c 65 s…
RCW 38.42.130 Civil action—Person aggrieved.
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(1) Any person aggrieved by a violation of this chapter may in a civil action:(a) Obtain any appropriate equitable or declaratory relief with respect to the violation; and(b) Recover all other appropriate relief, including monetary damages.(2) The court may award to a person aggr…
RCW 38.42.140 Civil action—Attorney general.
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(1) Civil proceedings to enforce this chapter may be brought by the attorney general against any person that:(a) Engages in a pattern or practice of violating this chapter; or(b) Engages in a violation of this chapter that raises an issue of significant public importance.(2) In a…
RCW 38.42.150 Civil investigative demands—Standards—Limitations—Enforcement.
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(1) Whenever the attorney general believes that any person may: (a) Be in possession, custody, or control of any original or copy of any book, record, report, memorandum, paper, communication, tabulation, map, chart, photograph, mechanical transcription, or other tangible documen…
RCW 38.42.160 Termination or suspension of contracts upon receipt of military service orders.
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(1) A service member may, upon written notice, including electronic mail, terminate or suspend a contract described in subsection (2) of this section at any time after the date the service member receives military service orders:(a) For a permanent change of station; or(b) To dep…
RCW 38.42.170 Termination of employment contract upon receipt of military service orders—Spouses.
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(1) The spouse of a service member may terminate an employment contract without penalty at any time after the service member receives military service orders for a permanent change of station if:(a) The spouse provides written notice, including email, to the employer of the termi…
RCW 38.42.900 Short title.
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This chapter may be known and cited as the Washington service members' civil relief act.[ 2005 c 254 s 11.]
RCW 38.42.903 Effective date—2005 c 254.
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This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [May 3, 2005].[ 2005 c 254 s 15.]
RCW 38.42.904 Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.
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For the purposes of this chapter, the terms spouse, marriage, marital, husband, wife, widow, widower, next of kin, and family shall be interpreted as applying equally to state registered domestic partnerships or individuals in state registered domestic partnerships as well as to …
RCW 38.44.010 Commander-in-chief may order enrollment.
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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, breach of the peace, public disaster, or the imminent occurrence of any of these events, the commander-i…
RCW 38.44.020 Notice of enrollment.
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Persons making an enrollment under this chapter shall, at the time of making same, serve a notice of such enrollment upon each person enrolled, by delivering such notice to the enrollee personally or by leaving it with some person of suitable age and discretion at his or her plac…
RCW 38.44.030 Exemptions.
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Whenever an enrollment shall have been ordered under this chapter, 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 departme…
RCW 38.44.040 Penalties for dereliction or false certificate.
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If any officer or person, who becomes charged under this chapter 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 m…
RCW 38.44.050 Compensation of enrolling officer.
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Each county enrolling officer shall be allowed the sum of five cents per name enrolled and served with notice of enrollment by the enrolling officer or assistants, to be audited and paid as other military bills out of any moneys in the general fund appropriated to the military de…
RCW 38.44.060 Examination of records.
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All civil officers in each county, city and town shall allow persons authorized under this chapter 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 provid…
RCW 38.48.050 Acceptance of national defense facilities act.
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The legislature hereby expresses its intention to secure to this state the benefits of the act of congress entitled the "National Defense Facilities Act" (10 U.S.C. Sec. 2231, et seq., as amended), and the state military department shall be charged with the duty to cooperate with…
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…