RCW 38.56.040 — Washington Code / Title 38 / Chapter 56 / Section 040
RCW 38.56.040: Qualifications of emergency responders for the purposes of the requesting member jurisdiction.
Status: in_force

An emergency responder holding a license, certificate, or other permit evidencing qualification in a professional, mechanical, or other skill, issued by the state of Washington or a political subdivision thereof, is deemed to be licensed, certified, or permitted in the requesting member jurisdiction for the duration of the emergency, drill, or exercise, subject to any limitations and conditions the chief executive officer of the requesting member jurisdiction may prescribe in writing.
RCW 38.38.752 — Washington Code / Title 38 / Chapter 38 / Section 752
RCW 38.38.752: Property other than military property—Waste, spoilage, or destruction.
Status: in_force

Any person subject to this code who willfully or recklessly wastes, spoils, or otherwise willfully and wrongfully destroys or damages any property other than military property of the United States or of the state shall be punished as a court-martial may direct.
RCW 38.56.020 — Washington Code / Title 38 / Chapter 56 / Section 020
RCW 38.56.020: Intrastate mutual aid system—Established.
Status: in_force

(1) The intrastate mutual aid system is established to provide for mutual assistance in an emergency among political subdivisions and federally recognized Indian tribes that choose to participate as member jurisdictions. (2) Except as provided in subsection (3) of this section, member jurisdictions of the intrastate mutual aid system include: (a) A political subdivision, special purpose district as defined in RCW 36.96.010 , or junior taxing district as described in RCW 84.52.043 ; and (b) Any federally recognized Indian tribe located within the boundaries of the state of Washington upon receipt by the department of a tribal government resolution declaring its intention to be a member jurisdiction in the intrastate mutual aid system under this chapter. (3)(a) A member jurisdiction is released from membership in the intrastate mutual aid system established under this chapter upon receipt by the department of a resolution or ordinance declaring that the member jurisdiction elects not to participate in the system. (b) Nothing in this chapter may be construed to affect other mutual aid systems or agreements otherwise authorized by law, including the Washington state fire services mobilization plan and the law enforcement mobilization plan under chapter 43.43 RCW, nor preclude a political subdivision or Indian tribe from entering or participating in those mutual aid systems or agreements. (4) Mutual assistance may be requested by, and provided to, member jurisdictions under this chapter for: (a) Response, mitigation, or recovery activities related to an emergency; or (b) participation in drills or exercises in preparation for an emergency.
RCW 38.38.852 — Washington Code / Title 38 / Chapter 38 / Section 852
RCW 38.38.852: Complaints of wrongs.
Status: in_force

Members of the organized militia who believe themselves wronged by their commanding officer, and who, upon due application to that commanding officer, are refused redress, may complain to any superior commissioned officer, who shall forward the complaint to the governor or adjutant general. The governor or adjutant general shall examine the complaint and take proper measures for redressing the wrong complained of.
RCW 38.12.010 — Washington Code / Title 38 / Chapter 12 / Section 010
RCW 38.12.010: Adjutant general—Bond.
Status: in_force

The governor, with the advice and consent of the senate, shall appoint an adjutant general who shall be chief of staff to the governor, and may be removed by the governor at will. The adjutant general shall appoint the civilian employees and other personnel of the department and may remove any of them in accordance with applicable law. The expenses of the adjutant general's department, necessary to the military service, shall be audited, allowed, and paid as other military expenditures. The adjutant general must execute an official bond running to the state in the penal sum of twenty thousand dollars conditioned for the faithful performance of his or her duties. The bond shall be submitted to the attorney general for approval, and when approved shall be filed in the office of the secretary of state. The cost of the bond shall be paid by the state. The adjutant general may obtain and pay for, from funds appropriated for military purposes, a surety bond or bonds running to the state covering such officers of the organized militia responsible to the state for money or military property, as may be advisable to insure proper accountability. The bond or bonds shall be approved and filed in the same manner as the adjutant general's bond.
RCW 38.52.030 — Washington Code / Title 38 / Chapter 52 / Section 030
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.
Status: in_force

(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 direction and control of the governor, shall be responsible to the governor for carrying out the program for emergency management of this state. The director shall coordinate the activities of all organizations for emergency management within the state, and shall maintain liaison with and cooperate with emergency management agencies and organizations of other states and of the federal government, and shall have such additional authority, duties, and responsibilities authorized by this chapter, as may be prescribed by the governor. (3) The director shall develop and maintain a comprehensive, all-hazard emergency plan for the state which shall include an analysis of the natural, technological, or human-caused hazards which could affect the state of Washington, and shall include the procedures to be used during emergencies for coordinating local resources, as necessary, and the resources of all state agencies, departments, commissions, and boards. The comprehensive emergency management plan shall direct the department in times of state emergency to administer and manage the state's emergency operations center. This will include representation from all appropriate state agencies and be available as a single point of contact for the authorizing of state resources or actions, including emergency permits. The comprehensive emergency management plan must specify the use of the incident command system for multiagency/multijurisdiction operations. The comprehensive, all-hazard emergency plan authorized under this subsection may not include preparation for emergency evacuation or relocation of residents in anticipation of nuclear attack. This plan shall be known as the comprehensive emergency management plan. (4) In accordance with the comprehensive emergency management plans and the programs for the emergency management of this state, the director shall procure supplies and equipment, institute training programs and public information programs, and shall take all other preparatory steps, including the partial or full mobilization of emergency management organizations in advance of actual disaster, to insure the furnishing of adequately trained and equipped forces of emergency management personnel in time of need. (5) The director shall make such studies and surveys of the industries, resources, and facilities in this state as may be necessary to ascertain the capabilities of the state for emergency management, and shall plan for the most efficient emergency use thereof. (6) The emergency management council shall advise the director on all aspects of the communications and warning systems and facilities operated or controlled under the provisions of this chapter. (7) The director, through the state 911 coordinator, shall coordinate and facilitate implementation and operation of a statewide 911 emergency communications network. (8) The director shall appoint a state coordinator of search and rescue operations to coordinate those state resources, services and facilities (other than those for which the state director of aeronautics is directly responsible) requested by political subdivisions in support of search and rescue operations, and on request to maintain liaison with and coordinate the resources, services, and facilities of political subdivisions when more than one political subdivision is engaged in joint search and rescue operations. (9) The director, subject to the direction and control of the governor, shall prepare and administer a state program for emergency assistance to individuals within the state who are victims of a natural, technological, or human-caused disaster, as defined by RCW 38.52.010 (13). Such program may be integrated into and coordinated with disaster assistance plans and programs of the federal government which provide to the state, or through the state to any political subdivision thereof, services, equipment, supplies, materials, or funds by way of gift, grant, or loan for purposes of assistance to individuals affected by a disaster. Further, such program may include, but shall not be limited to, grants, loans, or gifts of services, equipment, supplies, materials, or funds of the state, or any political subdivision thereof, to individuals who, as a result of a disaster, are in need of assistance and who meet standards of eligibility for disaster assistance established by the department of social and health services: PROVIDED, HOWEVER, That nothing herein shall be construed in any manner inconsistent with the provisions of Article VIII, section 5 or section 7 of the Washington state Constitution. (10) The director is authorized to administer a state public infrastructure assistance program for emergency assistance to county governments and federally recognized tribal governments within the state that experience or respond to public infrastructure damage due to a natural, technological, or human-caused disaster. The department may initiate rule making to address the distribution of funds from county governments to recipients within the county, including political subdivisions as defined in RCW 38.52.010 , special purpose districts as defined in RCW 36.96.010 , and nonprofit organizations. (11) The director shall appoint a state coordinator for radioactive and hazardous waste emergency response programs. The coordinator shall consult with the state radiation control officer in matters relating to radioactive materials. The duties of the state coordinator for radioactive and hazardous waste emergency response programs shall include: (a) Assessing the current needs and capabilities of state and local radioactive and hazardous waste emergency response teams on an ongoing basis; (b) Coordinating training programs for state and local officials for the purpose of updating skills relating to emergency mitigation, preparedness, response, and recovery; (c) Utilizing appropriate training programs such as those offered by the federal emergency management agency, the department of transportation and the environmental protection agency; and (d) Undertaking other duties in this area that are deemed appropriate by the director. (12) The director is responsible to the governor to lead the development and management of a program for interagency coordination and prioritization of continuity of operations planning by state agencies. Each state agency is responsible for developing an organizational continuity of operations plan that is updated and exercised annually in compliance with the program for interagency coordination of continuity of operations planning. (13) The director shall maintain a copy of the continuity of operations plan for election operations for each county that has a plan available. (14) Subject to the availability of amounts appropriated for this specific purpose, the director is responsible to the governor to lead the development and management of a program to provide information and education to state and local government officials regarding catastrophic incidents and continuity of government planning to assist with statewide development of continuity of government plans by all levels and branches of state and local government that address how essential government functions and services will continue to be provided following a catastrophic incident.
RCW 38.38.016 — Washington Code / Title 38 / Chapter 38 / Section 016
RCW 38.38.016: Dismissal of commissioned officer.
Status: in_force

(1) If any commissioned officer, dismissed by order of the governor, makes a written application for trial by court-martial, setting forth, under oath, that he or she has been wrongfully dismissed, the governor, as soon as practicable, shall convene a general court-martial to try that officer on the charges on which the officer was dismissed. A court-martial so convened has jurisdiction to try the dismissed officer on those charges, and the officer shall be considered to have waived the right to plead any statute of limitations applicable to any offense with which the officer is charged. The court-martial may, as part of its sentence, adjudge the affirmance of the dismissal, but if the court-martial acquits the accused or if the sentence adjudged, as finally approved or affirmed, does not include dismissal, the chief of staff to the governor or adjutant general shall substitute for the dismissal ordered by the governor a form of discharge authorized for administrative issue. (2) If the governor fails to convene a general court-martial within six months from the presentation of an application for trial under this code, the chief of staff to the governor or adjutant general shall substitute for the dismissal ordered by the governor a form of discharge authorized for administrative issue. (3) If a discharge is substituted for a dismissal under this code, the governor alone may reappoint the officer to such commissioned grade and with such rank as, in the opinion of the governor, that former officer would have attained had the officer not been dismissed. The reappointment of such a former officer may be made only if a vacancy is available under applicable tables of organization. All time between the dismissal and the reappointment shall be considered as actual service for all purposes. (4) If an officer is discharged from the organized militia by administrative action or by board proceedings under law, or is dropped from the rolls by order of the governor, the officer has no right to trial under this section.
RCW 38.38.788 — Washington Code / Title 38 / Chapter 38 / Section 788
RCW 38.38.788: Frauds against the government.
Status: in_force

Any person subject to this code: (1) Who, knowing it to be false or fraudulent: (a) Makes any claim against the United States, the state, or any officer thereof; or (b) Presents to any person in the civil or military service thereof, for approval or payment any claim against the United States, the state, or any officer thereof; (2) Who, for the purpose of obtaining the approval, allowance, or payment of any claim against the United States, the state, or any officer thereof: (a) Makes or uses any writing or other paper knowing it to contain any false or fraudulent statements; (b) Makes any oath to any fact or to any writing or other paper knowing the oath to be false; or (c) Forges or counterfeits any signature upon any writing or other paper, or uses any such signature knowing it to be forged or counterfeited; (3) Who, having charge, possession, custody, or control of any money, or other property of the United States or the state, furnished or intended for the armed forces of the United States or the organized militia, knowingly delivers to any person having authority to receive it, any amount thereof less than that for which the person receives a certificate or receipt; or (4) Who, being authorized to make or deliver any paper certifying the receipt of any property of the United States or the state, furnished or intended for the armed forces of the United States or the organized militia, makes or delivers to any person such writing without having full knowledge of the truth of the statements therein contained and with intent to defraud the United States or the state; shall, upon conviction, be punished as a court-martial may direct.
RCW 38.38.196 — Washington Code / Title 38 / Chapter 38 / Section 196
RCW 38.38.196: Complete record of proceedings and testimony if dishonorable discharge or dismissal adjudged.
Status: in_force

A dishonorable discharge or dismissal may not be adjudged by any court-martial unless a complete record of the proceedings and testimony before the court has been made.
RCW 38.38.660 — Washington Code / Title 38 / Chapter 38 / Section 660
RCW 38.38.660: Desertion.
Status: in_force

(1) Any member of the organized militia who: (a) Without authority goes or remains absent from the member's unit, organization, or place of duty with intent to remain away therefrom permanently; (b) Quits the member's unit, organization or place of duty with intent to avoid hazardous duty or to shirk important service; or (c) Without being regularly separated from one of the organized militia enlists or accepts an appointment in the same or another one of the organized militia, or in one of the armed forces of the United States, without fully disclosing the fact that he or she has not been regularly separated; is guilty of desertion. (2) Any commissioned officer of the organized militia who, after tender of a resignation and before notice of its acceptance, quits his or her post or proper duties without leave and with intent to remain away therefrom permanently is guilty of desertion. (3) Any person found guilty of desertion or attempt to desert shall be punished as a court-martial may direct.
RCW 38.52.010 — Washington Code / Title 38 / Chapter 52 / Section 010
RCW 38.52.010: Definitions.
Status: in_force

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 emergency situations to a public safety answering point. The system includes the capability to selectively route incoming 911 voice and data to the appropriate public safety answering point that operates in a defined 911 service area and the capability to automatically display the name, location, and telephone number of incoming 911 voice and data at the appropriate public safety answering point. (2) "Automatic location identification" means information about a caller's location that is part of or associated with an enhanced or next generation 911 emergency communications system as defined in this section and RCW 82.14B.020 and intended for the purpose of display at a public safety answering point with incoming 911 voice or data, or both. (3) "Automatic number identification" means a method for uniquely associating a communication device that has accessed 911 with the incoming 911 voice or data, or both, and intended for the purpose of display at a public safety answering point. (4) "Baseline level of 911 service" means access to 911 dialing from all communication devices with service from a telecommunications provider within a county's jurisdiction so that incoming 911 voice and data communication is answered, received, and displayed on 911 equipment at a public safety answering point designated by the county. (5) "Broadcaster" means a person or entity that holds a license issued by the federal communications commission under 47 C.F.R. Part 73, 74, 76, or 78. (6)(a) "Catastrophic incident" means any natural or human-caused incident, including terrorism and enemy attack, that results in extraordinary levels of mass casualties, damage, or disruption severely affecting the population, infrastructure, environment, economy, or government functions. (b) "Catastrophic incident" does not include an event resulting from individuals exercising their rights, under the first amendment, of freedom of speech, and of the people to peaceably assemble. (7) "Communication plan," as used in RCW 38.52.070 , means a section in a local comprehensive emergency management plan that addresses emergency notification of life safety information. (8) "Continuity of government planning" means the internal effort of all levels and branches of government to provide that the capability exists to continue essential functions and services following a catastrophic incident. These efforts include, but are not limited to, providing for: (a) Orderly succession and appropriate changes of leadership whether appointed or elected; (b) filling vacancies; (c) interoperability communications; and (d) processes and procedures to reconvene government following periods of disruption that may be caused by a catastrophic incident. Continuity of government planning is intended to preserve the constitutional and statutory authority of elected officials at the state and local level and provide for the continued performance of essential functions and services by each level and branch of government. (9) "Continuity of operations planning" means the internal effort of an organization to provide that the capability exists to continue essential functions and services in response to a comprehensive array of potential emergencies or disasters. (10) "Department" means the state military department. (11) "Director" means the adjutant general. (12) "Emergency management" or "comprehensive emergency management" means the preparation for and the carrying out of all emergency functions, other than functions for which the military forces are primarily responsible, to mitigate, prepare for, respond to, and recover from emergencies and disasters, and to aid victims suffering from injury or damage, resulting from disasters caused by all hazards, whether natural, technological, or human caused, and to provide support for search and rescue operations for persons and property in distress. However, "emergency management" or "comprehensive emergency management" does not mean preparation for emergency evacuation or relocation of residents in anticipation of nuclear attack. (13)(a) "Emergency or disaster" as used in all sections of this chapter except RCW 38.52.430 means an event or set of circumstances which: (i) Demands immediate action to preserve public health, protect life, protect public property, or to provide relief to any stricken community overtaken by such occurrences; or (ii) reaches such a dimension or degree of destructiveness as to warrant the governor proclaiming a state of emergency pursuant to RCW 43.06.010 . (b) "Emergency" as used in RCW 38.52.430 means an incident that requires a normal police, coroner, fire, rescue, emergency medical services, or utility response as a result of a violation of one of the statutes enumerated in RCW 38.52.430 . (14) "Emergency response" as used in RCW 38.52.430 means a public agency's use of emergency services during an emergency or disaster as defined in subsection (13)(b) of this section. (15) "Emergency services communication system" means a multicounty or countywide communications network, including an enhanced or next generation 911 emergency communications system, which provides rapid public access for coordinated dispatching of services, personnel, equipment, and facilities for police, fire, medical, or other emergency services. (16) "Emergency services communications system data" includes voice or audio; multimedia, including pictures and video; text messages; telematics or telemetrics; or other information that is received or displayed, or both, at a public safety answering point in association with a 911 access. (17) "Emergency worker" means any person who is registered with a local emergency management organization, any federally recognized Indian tribe as defined in RCW 43.376.010 provided the department is in receipt of a tribal government resolution declaring its intention to be a participant in the emergency worker program under this chapter, or the department and holds an identification card issued by the local emergency management director, tribal government, or the department for the purpose of engaging in authorized emergency management activities or is an employee of the state of Washington or any political subdivision thereof who is called upon to perform emergency management activities. (18) "Executive head" and "executive heads" means the county executive in those charter counties with an elective office of county executive, however designated, and, in the case of other counties, the county legislative authority. In the case of cities and towns, it means the mayor in those cities and towns with mayor-council or commission forms of government, where the mayor is directly elected, and it means the city manager in those cities and towns with council manager forms of government. Cities and towns may also designate an executive head for the purposes of this chapter by ordinance. (19) "Expense of an emergency response" as used in RCW 38.52.430 means reasonable costs incurred by a public agency in reasonably making an appropriate emergency response to the incident, but shall only include those costs directly arising from the response to the particular incident. Reasonable costs shall include the costs of providing police, coroner, firefighting, rescue, emergency medical services, or utility response at the scene of the incident, as well as the salaries of the personnel responding to the incident. (20) "First informer broadcaster" means an individual who: (a) Is employed by, or acting pursuant to a contract under the direction of, a broadcaster; and (b)(i) Maintains, including repairing or resupplying, transmitters, generators, or other essential equipment at a broadcast station or facility; or (ii) provides technical support services to broadcasters needed during a period of proclaimed emergency. (21) "Incident command system" means: (a) An all-hazards, on-scene functional management system that establishes common standards in organization, terminology, and procedures; provides a means (unified command) for the establishment of a common set of incident objectives and strategies during multiagency/multijurisdiction operations while maintaining individual agency/jurisdiction authority, responsibility, and accountability; and is a component of the national interagency incident management system; or (b) an equivalent and compatible all-hazards, on-scene functional management system. (22) "Injury" as used in this chapter shall mean and include accidental injuries and/or occupational diseases arising out of emergency management activities. (23) "Interconnected voice over internet protocol service provider" means a provider of interconnected voice over internet protocol service as defined by the federal communications commission in 47 C.F.R. Sec. 9.3 on January 1, 2009, or a subsequent date determined by the department. (24) "Life safety information" means information provided to people during a response to a life-threatening emergency or disaster informing them of actions they can take to preserve their safety. Such information may include, but is not limited to, information regarding evacuation, sheltering, sheltering-in-place, facility lockdown, and where to obtain food and water. (25) "Local director" means the director of a local organization of emergency management or emergency services. (26) "Local organization for emergency services or management" means an organization created in accordance with the provisions of this chapter by state or local authority to perform local emergency management functions. (27) "Next generation 911" means an internet protocol-based system comprised of managed emergency services internet protocol networks, functional elements (applications), and databases that replicate enhanced 911 features and functions as defined in RCW 82.14B.020 (4) that provide additional capabilities designed to provide access to emergency services from all connected communications sources and provide multimedia data capabilities for public safety answering points. (28) "Next generation 911 demarcation point" means the location and equipment that separates the next generation 911 network from: (a) A telecommunications provider's network, known as the ingress next generation 911 demarcation point; and (b) A public safety answering point, known as the egress next generation 911 demarcation point. (29) "Next generation 911 emergency communications system" means a public communications system consisting of networks, databases, and public safety answering point 911 hardware, software, and technology that is accessed by the public in the state through 911. The system includes the capability to: Route incoming 911 voice and data to the appropriate public safety answering point that operates in a defined 911 service area; answer incoming 911 voice and data; and receive and display incoming 911 voice and data, including automatic location identification and automatic number identification, at a public safety answering point. "Next generation 911 emergency communications system" includes future modernizations to the 911 system. (30) "Next generation 911 emergency services internet protocol network" means a managed internet protocol network used for 911 emergency services communications that is managed and maintained, including security and credentialing functions, by the state 911 coordination office to provide next generation 911 emergency communications from the ingress next generation 911 demarcation point to the egress next generation 911 demarcation point. It provides the internet protocol transport infrastructure upon which application platforms and core services are necessary for providing next generation 911 services. Next generation 911 emergency services internet protocol networks may be constructed from a mix of dedicated and shared facilities and may be interconnected at local, regional, state, federal, national, and international levels to form an internet protocol-based inter-network (network of networks). (31) "Next generation 911 service" means public access to the next generation 911 emergency communications system and its capabilities by accessing 911 from communication devices to report police, fire, medical, or other emergency situations to a public safety answering point. (32) "Political subdivision" means any county, city or town. (33) "Public agency" means the state, and a city, county, municipal corporation, district, town, or public authority located, in whole or in part, within this state which provides or may provide firefighting, police, ambulance, medical, or other emergency services. (34) "Public infrastructure assistance" means supplementary state assistance provided to county governments and federally recognized tribal governments, when authorized under governor emergency proclamation for the cost of disaster-related public property debris removal, emergency protective measures to protect life and property, and permanent repair work to damaged or destroyed public infrastructure. (35) "Public safety answering point" means the public safety location that receives and answers 911 voice and data originating in a given area as designated by the county. Public safety answering points must be equipped with 911 hardware, software, and technology that is accessed through 911 and is capable of answering incoming 911 calls and receiving and displaying incoming 911 data. (a) "Primary public safety answering point" means a public safety answering point, as designated by the county, to which 911 calls and data originating in a given area and entering the next generation 911 network are initially routed for answering. (b) "Secondary public safety answering point" means a public safety answering point, as designated by the county, that only receives 911 voice and data that has been transferred by other public safety answering points. (36) "Radio communications service company" means every corporation, company, association, joint stock, partnership, and person, their lessees, trustees, or receivers appointed by any court, and every city or town making available facilities to provide commercial mobile radio services, as defined by 47 U.S.C. Sec. 332(d)(1), or cellular communications services for hire, sale, and both facilities-based and nonfacilities-based resellers, and does not include radio paging providers. (37) "Search and rescue" means the acts of searching for, rescuing, or recovering by means of ground, marine, or air activity any person who becomes lost, injured, or is killed while outdoors or as a result of a natural, technological, or human-caused disaster, including instances involving searches for downed aircraft when ground personnel are used. Nothing in this section shall affect appropriate activity by the department of transportation under chapter 47.68 RCW. (38) "Telecommunications provider" means a telecommunications company as defined in RCW 80.04.010 , a radio communications service company as defined in this section, a commercial mobile radio service provider as defined in 47 C.F.R. Sec. 20.3, providers of interconnected voice over internet protocol service as defined in this section, and providers of data services. (39) "Washington state patrol public safety answering points" means those designated as primary or secondary public safety answering points by the counties in which they provide service.
RCW 38.38.084 — Washington Code / Title 38 / Chapter 38 / Section 084
RCW 38.38.084: Reports and receiving of prisoners.
Status: in_force

(1) No provost marshal, commander of a guard, master at arms, warden, keeper, or officer of a city or county jail or any other jail, penitentiary, or prison designated under RCW 38.38.080 , may refuse to receive or keep any prisoner committed to his or her charge, when the committing person furnishes a statement, signed by the committing person, of the offense charged against the prisoner. (2) Every commander of a guard, master at arms, warden, keeper, or officer of a city or county jail or of any other jail, penitentiary, or prison designated under RCW 38.38.080 , to whose charge a prisoner is committed shall, within twenty-four hours after that commitment or as soon as he or she is relieved from guard, report to the commanding officer of the prisoner the name of the prisoner, the offense charged against the prisoner, and the name of the person who ordered or authorized the commitment.
RCW 38.52.290 — Washington Code / Title 38 / Chapter 52 / Section 290
RCW 38.52.290: Applicability of workers' compensation law.
Status: in_force

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., and any amendments thereto. "Employee" as used in said title shall include an emergency worker when liability for the furnishing of compensation and benefits exists pursuant to the provisions of this chapter and as limited by the provisions of this chapter. Where liability for compensation and benefits exists, such compensation and benefits shall be provided in accordance with the applicable provisions of said sections of chapter 51.32 RCW and at the maximum rate provided therein, subject, however, to the limitations set forth in this chapter.
RCW 38.38.720 — Washington Code / Title 38 / Chapter 38 / Section 720
RCW 38.38.720: Subordinate compelling surrender.
Status: in_force

Any person subject to this code who compels or attempts to compel the commander of any of the organized militia of the state, or of any other state, to give it up to an enemy or to abandon it, or who strikes the colors or flag to an enemy without proper authority, shall be punished as a court-martial may direct.
RCW 38.38.692 — Washington Code / Title 38 / Chapter 38 / Section 692
RCW 38.38.692: Cruelty and maltreatment.
Status: in_force

Any person subject to this code who is guilty of cruelty toward, or oppression or maltreatment of, any person subject to his or her orders shall be punished as a court-martial may direct.
RCW 38.38.884 — Washington Code / Title 38 / Chapter 38 / Section 884
RCW 38.38.884: Uniformity of interpretation.
Status: in_force

This chapter shall be so construed as to effectuate its general purpose to make uniform the law of those states which enact it and, so far as practical, to make that law uniform with the law of the United States.
RCW 38.40.020 — Washington Code / Title 38 / Chapter 40 / Section 020
RCW 38.40.020: Not liable for exercise of judgment.
Status: in_force

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 as to the propriety of the means to be used in controlling or dispersing of any mob or other unlawful assembly and, if he or she exercises his or her honest judgment thereon, he or she shall not be liable in either a civil or criminal action for any act done in line of duty.
RCW 38.38.320 — Washington Code / Title 38 / Chapter 38 / Section 320
RCW 38.38.320: Forwarding of charges.
Status: in_force

When a person is held for trial by general court-martial the commanding officer shall, within eight days after the accused is ordered into arrest or confinement, if practicable, forward the charges, together with the investigation and allied papers, to the governor. If that is not practicable, the officer shall report in writing to the governor the reasons for delay.
RCW 38.52.1951 — Washington Code / Title 38 / Chapter 52 / Section 1951
RCW 38.52.1951: Application of exemption from liability for architects and engineers.
Status: in_force

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.
RCW 38.38.783 — Washington Code / Title 38 / Chapter 38 / Section 783
RCW 38.38.783: Larceny and wrongful appropriation.
Status: in_force

(1) Any person subject to this code who wrongfully takes, obtains, or withholds, by any means, from the possession of the owner or of any other person any money, personal property, or article of value of any kind: (a) With intent permanently to deprive or defraud another person of the use and benefit of property or to appropriate it to his [or her] own use or the use of any person other than the owner, steals that property and is guilty of larceny; or (b) With intent temporarily to deprive or defraud another person of the use and benefit of property or to appropriate it to his [or her] own use or the use of any person other than the owner, is guilty of wrongful appropriation. (2) Any person found guilty of larceny or wrongful appropriation shall be punished as a court-martial may direct.
RCW 38.38.724 — Washington Code / Title 38 / Chapter 38 / Section 724
RCW 38.38.724: Improper use of countersign.
Status: in_force

Any person subject to this code who in time of war discloses the parole or countersign to any person not entitled to receive it, or who gives to another who is entitled to receive and use the parole or countersign a different parole or countersign from that which, to his or her knowledge, he or she was authorized and required to give, shall be punished as a court-martial may direct.
RCW 38.52.020 — Washington Code / Title 38 / Chapter 52 / Section 020
RCW 38.52.020: Declaration of policy and purpose.
Status: in_force

(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 administration of state and federal programs providing disaster relief to individuals, and further to insure adequate support for search and rescue operations, and generally to protect the public peace, health, and safety, and to preserve the lives and property of the people of the state, it is hereby found and declared to be necessary: (a) To provide for emergency management by the state, and to authorize the creation of local organizations for emergency management in the political subdivisions of the state; (b) To confer upon the governor and upon the executive heads of the political subdivisions of the state the emergency powers provided herein; (c) To provide for the rendering of mutual aid among the political subdivisions of the state and with other states and to cooperate with the federal government with respect to the carrying out of emergency management functions; (d) To provide a means of compensating emergency management workers who may suffer any injury, as herein defined, or death; who suffer economic harm including personal property damage or loss; or who incur expenses for transportation, telephone or other methods of communication, and the use of personal supplies as a result of participation in emergency management activities; (e) To provide programs, with intergovernmental cooperation, to educate and train the public to be prepared for emergencies; and (f) To provide for the prioritization, development, and exercise of continuity of operations plans by the state. (2) It is further declared to be the purpose of this chapter and the policy of the state that all emergency management functions of this state and its political subdivisions be coordinated to the maximum extent with the comparable functions of the federal government including its various departments and agencies of other states and localities, and of private agencies of every type, to the end that the most effective preparation and use may be made of the nation's manpower, resources, and facilities for dealing with any disaster that may occur.
RCW 38.38.772 — Washington Code / Title 38 / Chapter 38 / Section 772
RCW 38.38.772: Malingering.
Status: in_force

Any person subject to this code who for the purpose of avoiding work, duty or service in the organized militia: (1) Feigns illness, physical disablement, mental lapse or derangement; or (2) Intentionally inflicts self-injury; shall be punished as a court-martial may direct.
RCW 38.40.200 — Washington Code / Title 38 / Chapter 40 / Section 200
RCW 38.40.200: Military department capital account.
Status: in_force

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 used only for military department capital projects. During the 2023-2025 fiscal biennium, the legislature may direct the state treasurer to transfer money in the military department capital account to the state general fund.
RCW 38.08.500 — Washington Code / Title 38 / Chapter 08 / Section 500
RCW 38.08.500: National guard mutual assistance counter-drug activities compact.
Status: in_force

(1) The governor, with the consent of congress, is authorized to enter into compacts and agreements for the deployment of the national guard with governors of other states concerning drug interdiction, counter-drug, and demand reduction activities. Article 1, section 10 of the Constitution of the United States permits a state to enter into a compact or agreement with another state, subject to the consent of congress. Congress, through enactment of Title 4 of the U.S.C. Section 112, encourages the states to enter such compacts for cooperative effort and mutual assistance. (2) The compact language contained in this subsection is intended to deal comprehensively with the supportive relationships between states in utilizing national guard assets in counter-drug activities. NATIONAL GUARD MUTUAL ASSISTANCE COUNTER-DRUG ACTIVITIES COMPACT ARTICLE I PURPOSE The purposes of this compact are to: (a) Provide for mutual assistance and support among the party states in the utilization of the national guard in drug interdiction, counter-drug, and demand reduction activities. (b) Permit the national guard of this state to enter into mutual assistance and support agreements, on the basis of need, with one or more law enforcement agencies operating within this state, for activities within this state, or with a national guard of one or more other states, whether said activities are within or without this state in order to facilitate and coordinate efficient, cooperative enforcement efforts directed toward drug interdiction, counter-drug activities, and demand reduction. (c) Permit the national guard of this state to act as a receiving and a responding state as defined within this compact and to ensure the prompt and effective delivery of national guard personnel, assets, and services to agencies or areas that are in need of increased support and presence. (d) Permit and encourage a high degree of flexibility in the deployment of national guard forces in the interest of efficiency. (e) Maximize the effectiveness of the national guard in those situations that call for its utilization under this compact. (f) Provide protection for the rights of national guard personnel when performing duty in other states in counter-drug activities. (g) Ensure uniformity of state laws in the area of national guard involvement in interstate counter-drug activities by incorporating said uniform laws within the compact. ARTICLE II ENTRY INTO FORCE AND WITHDRAWAL (a) This compact shall enter into force when enacted into law by any two states. Thereafter, this compact shall become effective as to any other state upon its enactment thereof. (b) Any party state may withdraw from this compact by enacting a statute repealing the same, but no such withdrawal shall take effect until one year after the governor of the withdrawing state has given notice in writing of such withdrawal to the governors of all other party states. ARTICLE III MUTUAL ASSISTANCE AND SUPPORT (a) As used in this article: (1) "Drug interdiction and counter-drug activities" means the use of national guard personnel, while not in federal service, in any law enforcement support activities that are intended to reduce the supply or use of illegal drugs in the United States. These activities include, but are not limited to: (i) Providing information obtained during either the normal course of military training or operations or during counter-drug activities, to federal, state, or local law enforcement officials that may be relevant to a violation of any federal or state law within the jurisdiction of such officials; (ii) Making available any equipment, including associated supplies or spare parts, base facilities, or research facilities of the national guard to any federal, state, or local civilian law enforcement official for law enforcement purposes, in accordance with other applicable law or regulation; (iii) Providing available national guard personnel to train federal, state, or local civilian law enforcement in the operation and maintenance of equipment, including equipment made available above, in accordance with other applicable law; (iv) Providing available national guard personnel to operate and maintain equipment provided to federal, state, or local law enforcement officials pursuant to activities defined and referred to in this compact; (v) Operation and maintenance of equipment and facilities of the national guard or law enforcement agencies used for the purposes of drug interdiction and counter-drug activities; (vi) Providing available national guard personnel to operate equipment for the detection, monitoring, and communication of the movement of air, land, and sea traffic, to facilitate communications in connection with law enforcement programs, to provide transportation for civilian law enforcement personnel, and to operate bases of operations for civilian law enforcement personnel; (vii) Providing available national guard personnel, equipment, and support for administrative, interpretive, analytic, or other purposes; (viii) Providing available national guard personnel and equipment to aid federal, state, and local officials and agencies otherwise involved in the prosecution or incarceration of individuals processed within the criminal justice system who have been arrested for criminal acts involving the use, distribution, or transportation of controlled substances as defined in 21 U.S.C. Sec. 801 et seq., or otherwise by law, in accordance with other applicable law. (2) "Demand reduction" means providing available national guard personnel, equipment, support, and coordination to federal, state, local, and civic organizations, institutions and agencies for the purposes of the prevention of drug abuse and the reduction in the demand for illegal drugs. (3) "Requesting state" means the state whose governor requested assistance in the area of counter-drug activities. (4) "Responding state" means the state furnishing assistance, or requested to furnish assistance, in the area of counter-drug activities. (5) "Law enforcement agency" means a lawfully established federal, state, or local public agency that is responsible for the prevention and detection of crime and the enforcement of penal, traffic, regulatory, game, immigration, postal, customs, or controlled substances laws. (6) "Official" means the appointed, elected, designated, or otherwise duly selected representative of an agency, institution, or organization authorized to conduct those activities for which support is requested. (7) "Mutual assistance and support agreement" or "agreement" means an agreement between the national guard of this state and one or more law enforcement agencies or between the national guard of this state and the national guard of one or more other states, consistent with the purposes of this compact. (8) "Party state" refers to a state that has lawfully enacted this compact. (9) "State" means each of the several states of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or a territory or possession of the United States. (b) Upon the request of a governor of a party state for assistance in the area of interdiction and counter-drug, and demand reduction activities, the governor of a responding state shall have authority under this compact to send without the borders of his or her state and place under the temporary operational control of the appropriate national guard or other military authorities of the requesting state, for the purposes of providing such requested assistance, all or any part of the national guard forces of his or her state as he or she may deem necessary, and the exercise of his or her discretion in this regard shall be conclusive. (c) The governor of a party state may, within his or her discretion, withhold the national guard forces of his or her state from such use and recall any forces or part or member thereof previously deployed in a requesting state. (d) The national guard of this state is hereby authorized to engage in interdiction and counter-drug activities and demand reduction. (e) The adjutant general of this state, in order to further the purposes of this compact, may enter into a mutual assistance and support agreement with one or more law enforcement agencies of this state, including federal law enforcement agencies operating within this state, or with the national guard of one or more other party states to provide personnel, assets, and services in the area of interdiction and counter-drug activities and demand reduction. However, no such agreement may be entered into with a party that is specifically prohibited by law from performing activities that are the subject of the agreement. (f) The agreement must set forth the powers, rights, and obligations of the parties to the agreement, where applicable, as follows: (1) Its duration; (2) The organization, composition, and nature of any separate legal entity created thereby; (3) The purpose of the agreement; (4) The manner of financing the agreement and establishing and maintaining its budget; (5) The method to be employed in accomplishing the partial or complete termination of the agreement and for disposing of property upon such partial or complete termination; (6) Provision for administering the agreement, which may include creation of a joint board responsible for such administration; (7) The manner of acquiring, holding, and disposing of real and personal property used in this agreement, if necessary; (8) The minimum standards for national guard personnel implementing the provisions of this agreement; (9) The minimum insurance required of each party to the agreement, if necessary; (10) The chain of command or delegation of authority to be followed by national guard personnel acting under the provisions of the agreement; (11) The duties and authority that the national guard personnel of each party state may exercise; and (12) Any other necessary and proper matters. Agreements prepared under the provisions of this section are exempt from any general law pertaining to intergovernmental agreements. (g) As a condition precedent to an agreement becoming effective under this part, the agreement must be submitted to and receive the approval of the office of the attorney general of Washington. The attorney general of the state of Washington may delegate his or her approval authority to the appropriate attorney for the Washington national guard subject to those conditions which he or she decides are appropriate. The delegation must be in writing and is subject to the following: (1) The attorney general, or his or her agent as stated above, shall approve an agreement submitted to him or her under this part unless he or she finds that it is not in proper form, does not meet the requirements set forth in this part, or otherwise does not conform to the laws of Washington. If the attorney general disapproves an agreement, he or she shall provide a written explanation to the adjutant general of the Washington national guard; and (2) If the attorney general, or his or her authorized agent as stated above, does not disapprove an agreement within thirty days after its submission to him or her, it is considered approved by him or her. (h) Whenever national guard forces of any party state are engaged in the performance of duties, in the area of drug interdiction, counter-drug, and demand reduction activities, pursuant to orders, they shall not be held personally liable for any acts or omissions which occur during the performance of their duty. ARTICLE IV RESPONSIBILITIES (a) Nothing in this compact shall be construed as a waiver of any benefits, privileges, immunities, or rights otherwise provided for national guard personnel performing duty pursuant to Title 32 of the United States Code nor shall anything in this compact be construed as a waiver of coverage provided for under the Federal Tort Claims Act. In the event that national guard personnel performing counter-drug activities do not receive rights, benefits, privileges, and immunities otherwise provided for national guard personnel as stated above, the following provisions shall apply: (1) Whenever national guard forces of any responding state are engaged in another state in carrying out the purposes of this compact, the members thereof so engaged shall have the same powers, duties, rights, privileges, and immunities as members of national guard forces of the requesting state. The requesting state shall save and hold members of the national guard forces of responding states harmless from civil liability, except as otherwise provided herein, for acts or omissions that occur in the performance of their duty while engaged in carrying out the purposes of this compact, whether responding forces are serving the requesting state within the borders of the responding state or are attached to the requesting state for purposes of operational control. (2) Subject to the provisions of paragraphs (3), (4), and (5) of this Article, all liability that may arise under the laws of the requesting state or the responding states, on account of or in connection with a request for assistance or support, shall be assumed and borne by the requesting state. (3) Any responding state rendering aid or assistance pursuant to this compact shall be reimbursed by the requesting state for any loss or damage to, or expense incurred in the operation of, any equipment answering a request for aid, and for the cost of the materials, transportation, and maintenance of national guard personnel and equipment incurred in connection with such request, provided that nothing herein contained shall prevent any responding state from assuming such loss, damage, expense, or other cost. (4) Unless there is a written agreement to the contrary, each party state shall provide, in the same amounts and manner as if they were on duty within their state, for pay and allowances of the personnel of its national guard units while engaged without the state pursuant to this compact and while going to and returning from such duty pursuant to this compact. (5) Each party state providing for the payment of compensation and death benefits to injured members and the representatives of deceased members of its national guard forces in case such members sustain injuries or are killed within their own state shall provide for the payment of compensation and death benefits in the same manner and on the same terms in the event such members sustain injury or are killed while rendering assistance or support pursuant to this compact. Such benefits and compensation shall be deemed items of expense reimbursable pursuant to paragraph (3) of this Article. (b) Officers and enlisted personnel of the national guard performing duties subject to proper orders pursuant to this compact shall be subject to and governed by the provisions of their home state code of military justice whether they are performing duties within or without their home state. In the event that any national guard member commits, or is suspected of committing, a criminal offense while performing duties pursuant to this compact without his or her home state, he or she may be returned immediately to his or her home state and said home state shall be responsible for any disciplinary action to be taken. However, nothing in this section shall abrogate the general criminal jurisdiction of the state in which the offense occurred. ARTICLE V DELEGATION Nothing in this compact shall be construed to prevent the governor of a party state from delegating any of his or her responsibilities or authority respecting the national guard, provided that such delegation is otherwise in accordance with law. For purposes of this compact, however, the governor shall not delegate the power to request assistance from another state. ARTICLE VI LIMITATIONS Nothing in this compact shall: (a) Authorize or permit national guard units or personnel to be placed under the operational control of any person not having the national guard rank or status required by law for the command in question. (b) Deprive a properly convened court of jurisdiction over an offense or a defendant merely because of the fact that the national guard, while performing duties pursuant to this compact, was utilized in achieving an arrest or indictment. ARTICLE VII CONSTRUCTION AND SEVERABILITY This compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this compact shall be severable and if any phrase, clause, sentence, or provision of this compact is declared to be contrary to the Constitution of the United States or of any state or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state participating herein, the compact shall remain in full force and effect as to the remaining party states and in full force and effect as to the state affected as to all severable matters.
RCW 38.38.776 — Washington Code / Title 38 / Chapter 38 / Section 776
RCW 38.38.776: Riot or breach of peace.
Status: in_force

Any person subject to this code who causes or participates in any riot or breach of the peace shall be punished as a court-martial may direct.
RCW 38.38.176 — Washington Code / Title 38 / Chapter 38 / Section 176
RCW 38.38.176: Jurisdiction of courts-martial in general.
Status: in_force

Each force of the organized militia has court-martial jurisdiction over all persons subject to this code. The exercise of jurisdiction by one force over personnel of another force shall be in accordance with regulations prescribed by the governor.
RCW 38.52.390 — Washington Code / Title 38 / Chapter 52 / Section 390
RCW 38.52.390: Contracts or work on cost basis for emergency management activities.
Status: in_force

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 as defined in RCW 38.52.010 or as hereafter amended, said functions or activities to expressly include natural disasters, as well as all other emergencies of a type contemplated by RCW 38.52.110 , 38.52.180 , 38.52.195 , 38.52.205 , 38.52.207 , 38.52.220 and 38.52.390 . All funds received for purposes of RCW 38.52.110 , 38.52.180 , 38.52.195 , 38.52.205 , 38.52.207 , 38.52.220 and 38.52.390 , whether appropriated funds, local funds, or from whatever source, may be used to pay for the construction, equipment, or work contracted for under this section.
RCW 38.14.018 — Washington Code / Title 38 / Chapter 14 / Section 018
RCW 38.14.018: Pay of state guard members.
Status: in_force

Members of the Washington state guard shall serve without pay except when on active state service with the state as defined in RCW 38.04.010 , or when serving on inactive duty as defined in RCW 38.04.010 under orders of the governor specifically authorizing pay. When ordered to active state service or when serving on inactive duty in a pay status, members of the Washington state guard will be paid as prescribed for members of the national guard in RCW 38.24.050 , except longevity adjustments for pay will be based solely on total service with the Washington state guard.
RCW 38.52.525 — Washington Code / Title 38 / Chapter 52 / Section 525
RCW 38.52.525: State 911 coordination office—Public education materials.
Status: in_force

The state 911 coordination office may develop and provide public education materials relating to the 911 emergency communications system.
RCW 38.38.258 — Washington Code / Title 38 / Chapter 38 / Section 258
RCW 38.38.258: Military judges—Qualifications.
Status: in_force

A military judge must be a judge advocate. The adjutant general shall prescribe procedures for certifying, appointing, detailing, and removing military judges.
RCW 38.38.132 — Washington Code / Title 38 / Chapter 38 / Section 132
RCW 38.38.132: Commanding officer's nonjudicial punishment—Suspension—Appeal.
Status: in_force

(1) Under such regulations as the governor may prescribe, limitations may be placed on the powers granted by this section with respect to the kind and amount of punishment authorized, the categories of commanding officers and warrant officers exercising command authorized to exercise those powers, the applicability of this section to an accused who demands trial by court-martial, and the kinds of courts-martial to which the case may be referred upon such a demand. However, except in the case of a member attached to or embarked in a vessel, punishment may not be imposed upon any member of the organized militia under this section if the member has, before the imposition of such punishment, demanded trial by court-martial in lieu of such punishment. Under similar regulations, rules may be prescribed with respect to the suspension of punishments authorized hereunder. If authorized by regulations of the governor, a commanding officer exercising general court-martial jurisdiction or an officer of general rank in command may delegate powers under this section to a principal assistant. (2) Subject to subsection (1) of this section, any commanding officer may, in addition to or in lieu of admonition or reprimand, impose one or more of the following disciplinary punishments for minor offenses without the intervention of a court-martial: (a) Upon officers of his or her command: (i) Restriction to certain specified limits, with or without suspension from duty, for not more than fourteen consecutive duty or drill days; (ii) If imposed by an officer exercising general court-martial jurisdiction or an officer of general rank in command: (A) Forfeiture of up to thirty days' pay, but not more than fifteen days' pay per month; (B) Restriction to certain specified limits, with or without suspension from duty, for not more than fourteen consecutive drill or duty days; (C) Detention of up to forty-five days' pay, but not more than fifteen days' pay per month; (b) Upon other personnel of his or her command: (i) If imposed upon a person attached to or embarked in a vessel, confinement for not more than three consecutive days; (ii) Forfeiture of not more than seven days' pay; (iii) Reduction to the next inferior pay grade, if the grade from which demoted is within the promotion authority of the officer imposing the reduction or any officer subordinate to the one who imposes the reduction; (iv) Extra duties, including fatigue or other duties for not more than fourteen duty or drill days, which need not be consecutive, and for not more than two hours per day, holidays included; (v) Restriction to certain specified limits, with or without suspension from duty, for not more than fourteen consecutive days; (vi) Detention of not more than fourteen days' pay; (vii) If imposed by a commanding officer of the grade of major or above: (A) The punishment authorized in subsection (2)(b)(i) of this section; (B) Forfeiture of up to thirty days' pay, but not more than fifteen days' pay per month; (C) Reduction to the lowest or any intermediate pay grade, if the grade from which demoted is within the promotion authority of the officer imposing the reduction or any officer subordinate to the one who imposes the reduction, but an enlisted member in a pay grade above E-4 may not be reduced more than two pay grades; (D) Extra duties, including fatigue or other duties, for not more than fourteen drill or duty days, which need not be consecutive, and for not more than two hours per day, holidays included; (E) Restriction to certain specified limits, with or without suspension from duty, for not more than fourteen consecutive days; (F) Detention of up to forty-five days' pay, but not more than fifteen days' pay per month. Detention of pay shall be for a stated period of not more than one year but if the offender's term of service expires earlier, the detention shall terminate upon that expiration. Extra duties and restriction may not be combined to run consecutively in the maximum amount imposable for each. Whenever any such punishments are combined to run consecutively, there must be an apportionment. In addition, forfeiture of pay may not be combined with detention of pay without an apportionment. (3) An officer in charge may impose upon enlisted members assigned to the unit of which the officer is in charge such of the punishment authorized under subsection (2)(b) of this section as the governor may specifically prescribe by regulation. (4) The officer who imposes the punishment authorized in subsection (2) of this section, or a successor in command, may, at any time, suspend probationally any part or amount of the unexecuted punishment imposed and may suspend probationally a reduction in grade or a forfeiture imposed under subsection (2) of this section, whether or not executed. In addition, the officer may, at any time, remit or mitigate any part or amount of the unexecuted punishment imposed and may set aside in whole or in part the punishment, whether executed or unexecuted, and restore all rights, privileges, and property affected. The officer may also mitigate reduction in grade to forfeiture or detention of pay. When mitigating extra duties to restriction, the restriction shall not be longer than the number of hours of extra duty that may have been imposed. When mitigating reduction in grade to forfeiture or detention of pay, the amount of the forfeiture or detention shall not be greater than the amount that could have been imposed initially under this section by the officer who imposed the punishment mitigated. (5) A person punished under this section who considers the punishment unjust or disproportionate to the offense may, through the proper channel, appeal to the next superior authority. The appeal shall be promptly forwarded and decided, but the person punished may in the meantime be required to undergo the punishment adjudged. The superior authority may exercise the same powers with respect to the punishment imposed as may be exercised under subsection (4) of this section by the officer who imposed the punishment. Before acting on an appeal from a punishment of: (a) Forfeiture of more than seven days' pay; (b) Reduction of one or more pay grades from the fourth or a higher pay grade; (c) Extra duties for more than ten days; (d) Restriction for more than ten days; or (e) Detention of more than fourteen days' pay; the authority who is to act on the appeal shall refer the case to a judge advocate for consideration and advice, and may so refer the case upon appeal from any punishment imposed under subsection (2) of this section. (6) The imposition and enforcement of disciplinary punishment under this section for any act or omission is not a bar to trial by court-martial for a serious crime or offense growing out of the same act or omission, and not properly punishable under this section; but the fact that a disciplinary punishment has been enforced may be shown by the accused upon trial, and when so shown shall be considered in determining the measure of punishment to be adjudged in the event of a finding of guilty. (7) The governor may by regulation prescribe the form of records to be kept of proceedings under this section and may also prescribe that certain categories of those proceedings shall be in writing.
RCW 38.38.548 — Washington Code / Title 38 / Chapter 38 / Section 548
RCW 38.38.548: Rehearings.
Status: in_force

(1) If the convening authority disapproves the findings and sentence of a court-martial he or she may, except where there is lack of sufficient evidence in the record to support the findings, order a rehearing. In such a case he or she shall state the reasons for disapproval. If he or she disapproves the findings and sentence and does not order a rehearing, he or she shall dismiss the charges. (2) Each rehearing shall take place before a court-martial composed of members not members of the court-martial which first heard the case. Upon a rehearing the accused may not be tried for any offense of which he or she was found not guilty by the first court-martial, and no sentence in excess of or more severe than the original sentence may be imposed, unless the sentence is based upon a finding of guilty of an offense not considered upon the merits in the original proceedings, or unless the sentence prescribed for the offense is mandatory.
RCW 38.52.440 — Washington Code / Title 38 / Chapter 52 / Section 440
RCW 38.52.440: Assistance for persons with disabilities present at scene of emergency—Assessment and report—Definitions.
Status: in_force

(1) Subject to the availability of amounts appropriated for this specific purpose, the director, through the state 911 coordinator, and in collaboration with the department of health, the department of social and health services, the Washington state patrol, the Washington association of sheriffs and police chiefs, the Washington council of police and sheriffs, the state fire marshal's office, a representative of a first responder organization with experience in addressing the needs of a person with a disability, and other individuals and entities at the discretion of the director, must assess, and report back to the appropriate committees of the legislature by December 1, 2018, regarding: (a) The resources, capabilities, techniques, protocols, and procedures available or required in order to include as part of the enhanced 911 emergency service the ability to allow an immediate display on the screen indicating that a person with a disability may be present at the scene of an emergency, the caller's identification, location, phone number, address, and if made available, additional information on the person with a disability that would assist the first responder in the emergency response; (b) How best to acquire, implement, and safeguard a secure website and the information in the system provided by a person with a disability, or a parent, guardian, or caretaker of a person with a disability in order to make such information directly available to first responders at the scene of an emergency or on the way to the scene of an emergency; (c) What information provided by a person must remain confidential under state or federal law, or otherwise should remain confidential without written permission to release it for purposes of chapter 295, Laws of 2017 or the information is otherwise releasable or available under other provisions of law; and (d) The need to provide various agencies and employees that are first responders and emergency personnel immunity from civil liability for acts or omissions in the performance of their duties, and what standard should apply, such as if the act or omission is the result of simple negligence, gross negligence, or willful misconduct. (2) For purposes of this section: (a) Both "accident" and "emergency" mean an unforeseen combination of circumstances or a resulting situation that results in a need for assistance or relief and calls for immediate action; and (b) "Person with a disability" means an individual who has been diagnosed medically to have a physical, mental, emotional, intellectual, behavioral, developmental, or sensory disability.
RCW 38.38.088 — Washington Code / Title 38 / Chapter 38 / Section 088
RCW 38.38.088: Punishment prohibited before trial.
Status: in_force

Subject to RCW 38.38.488 , no person, while being held for trial or the result of trial, may be subjected to punishment or penalty other than arrest or confinement upon the charges pending against the person, nor shall the arrest or confinement imposed upon the person be any more rigorous than the circumstances require to insure his or her presence, but the person may be subjected to minor punishment during that period for infractions of discipline.
RCW 38.40.130 — Washington Code / Title 38 / Chapter 40 / Section 130
RCW 38.40.130: Corporations may be formed.
Status: in_force

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, located at the same station, are hereby authorized to organize themselves into a corporation for social purposes and for the purpose of holding, acquiring and disposing of such property, real and personal, as such military organizations may possess or acquire. Such corporations shall not be required to pay any filing or license fee to the state. The dissolution or disbandment of any such unit as a military organization shall not in itself terminate the existence of the corporation, but the existence of the same may continue for the period limited in its articles of incorporation for the benefit of such corporation. Upon the dissolution or disbandment of any such unit which shall not have incorporated, and which shall at the time of such dissolution or disbandment possess any funds or property, the title to such funds or property shall immediately vest in the state of Washington, and the adjutant general shall take possession thereof and dispose of the same to the best interest of the organized militia of Washington.
RCW 38.52.540 — Washington Code / Title 38 / Chapter 52 / Section 540
RCW 38.52.540: 911 account.
Status: in_force

(1) The 911 account is created in the state treasury. All receipts from the state 911 excise taxes imposed by RCW 82.14B.030 must be deposited into the account. Moneys in the account must be used to support the priorities established in RCW 38.52.545 , procure, fund, and manage the statewide 911 emergency communications system network, purchase goods and services that support the counties and Washington state patrol public safety answering points in providing 911 baseline level of service statewide, assist the counties and Washington state patrol public safety answering points to provide 911 emergency communications systems and associated administrative and operational costs, acquire 911 hardware, software, and technology appropriate to support a 911 emergency communications system, 911 emergency communications training and public education, support the statewide coordination and management of the 911 emergency communications system, and for modernization needs as technology evolves of the 911 emergency communications systems statewide. (2) Funds generated by the 911 excise tax imposed by RCW 82.14B.030 (5), (6), and (8) may not be distributed to any county that has not imposed the maximum county 911 excise tax allowed under RCW 82.14B.030 (1) through (3). (3) The state 911 coordinator, with the advice and assistance of the 911 advisory committee, is authorized to enter into statewide agreements to improve the efficiency of the 911 emergency communications system and shall specify by rule the additional purposes for which moneys, if available, may be expended from this account.
RCW 38.38.624 — Washington Code / Title 38 / Chapter 38 / Section 624
RCW 38.38.624: Persons to be tried or punished.
Status: in_force

No person may be tried or punished for any offense provided for in RCW 38.38.628 through 38.38.800 , unless he or she was a member of the organized militia at the time of the offense.
RCW 38.52.577 — Washington Code / Title 38 / Chapter 52 / Section 577
RCW 38.52.577: Information from automatic number identification, automatic location identification database, or voluntarily submitted for inclusion in emergency notification system—Exemption from public inspection and copying.
Status: in_force

Information obtained from an automatic number identification or automatic location identification database or voluntarily submitted to a local agency for inclusion in an emergency notification system is exempt from public inspection and copying under chapter 42.56 RCW. This section shall not be interpreted to prohibit: (1) Making outgoing calls to telephone numbers to provide notification of a community emergency event; (2) Maintenance of the database by a local agency; or (3) Inspection or copying by the subject of the information or an authorized representative.
RCW 38.52.220 — Washington Code / Title 38 / Chapter 52 / Section 220
RCW 38.52.220: Compensation boards—Meetings—Claims not necessitating board meeting.
Status: in_force

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 the board: PROVIDED, That as to claims involving amounts of two thousand dollars or less, the local organization director shall submit recommendations directly to the state without convening a compensation board.
RCW 38.52.100 — Washington Code / Title 38 / Chapter 52 / Section 100
RCW 38.52.100: Appropriations—Acceptance of funds, services, etc.
Status: in_force

(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 the federal government or any agency or officer thereof shall offer to the state, or through the state to any political subdivision thereof, services, equipment, supplies, materials, or funds by way of gift, grant, or loan, for purposes of emergency management, the state, acting through the governor, or such political subdivision, acting with the consent of the governor and through its executive head, may accept such offer and upon such acceptance the governor of the state or executive head of such political subdivision may authorize any officer of the state or of the political subdivision, as the case may be, to receive such services, equipment, supplies, materials, or funds on behalf of the state or such political subdivision, and subject to the terms of the offer and the rules and regulations, if any, of the agency making the offer. (3) Whenever any person, firm, or corporation shall offer to the state or to any political subdivision thereof, services, equipment, supplies, materials, or funds by way of gift, grant, or loan, for the purposes of emergency management, the state, acting through the governor, or such political subdivision, acting through its executive head, may accept such offer and upon such acceptance the governor of the state or executive head of such political subdivision may authorize any officer of the state or of the political subdivision, as the case may be, to receive such services, equipment, supplies, materials, or funds on behalf of the state or such political subdivision, and subject to the terms of the offer.
RCW 38.52.500 — Washington Code / Title 38 / Chapter 52 / Section 500
RCW 38.52.500: Statewide 911 telephone service—Finding.
Status: in_force

The legislature finds that a statewide emergency communications network of 911 telephone service, which allows an immediate display of a caller's identification and location, would serve to further the safety, health, and welfare of the state's citizens, and would save lives. The legislature, after reviewing the study outlined in section 1, chapter 260, Laws of 1990, further finds that statewide implementation of 911 telephone service is feasible and should be accomplished as soon as practicable.
RCW 38.52.400 — Washington Code / Title 38 / Chapter 52 / Section 400
RCW 38.52.400: Search and rescue activities—Powers and duties of local officials.
Status: in_force

(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 local political subdivision. These state and local plans must specify the use of the incident command system for multiagency/multijurisdiction search and rescue operations. The local emergency management director shall notify the department of all search and rescue missions. The local director of emergency management shall work in a coordinating capacity directly supporting all search and rescue activities in that political subdivision and in registering emergency search and rescue workers for employee status. The chief law enforcement officer of each political subdivision may restrict access to a specific search and rescue area to personnel authorized by him or her. Access shall be restricted only for the period of time necessary to accomplish the search and rescue mission. No unauthorized person shall interfere with a search and rescue mission. (2) When search and rescue activities result in the discovery of a deceased person or search and rescue workers assist in the recovery of human remains, the chief law enforcement officer of the political subdivision shall insure compliance with chapter 68.50 RCW.
RCW 38.08.090 — Washington Code / Title 38 / Chapter 08 / Section 090
RCW 38.08.090: Governor to promulgate rules.
Status: in_force

The governor, through the adjutant general, shall promulgate in orders such rules and amendments not inconsistent with law as the governor may deem necessary for the organization, maintenance and training of the militia, and the acquisition, use, issue or disposal of military property. The governor's regulatory powers herein with respect to military property shall include reasonable authority to make regulations controlling the use and temporary disposal of military property including real property for civic purposes where consistent with federal law and regulations, in a manner similar to the law pertaining to the use of armories. The adopted regulations shall have the same force and effect as if enacted.
RCW 38.04.040 — Washington Code / Title 38 / Chapter 04 / Section 040
RCW 38.04.040: Composition of organized militia.
Status: in_force

The organized militia of Washington shall consist of the commissioned officers, warrant officers, enlisted persons, organizations, staffs, corps, and departments of the regularly commissioned, warranted and enlisted militia of the state, organized and maintained pursuant to law. Its numerical strength, composition, distribution, organization, arms, uniforms, equipment, training and discipline shall be prescribed by the governor in conformity with, and subject to the limitations imposed by the laws and regulations of the United States and the laws of this state: PROVIDED, HOWEVER, That the minimum enlisted strength of the organized militia of this state shall never be less than two thousand. The organized militia may include persons residing outside the state of Washington.
RCW 38.52.360 — Washington Code / Title 38 / Chapter 52 / Section 360
RCW 38.52.360: Medical, surgical or hospital treatment.
Status: in_force

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 receive similar medical, surgical or hospital treatment as provided in this chapter. However, the department may furnish medical, surgical or hospital treatment as part of the compensation provided under the provisions of this chapter.
RCW 38.16.030 — Washington Code / Title 38 / Chapter 16 / Section 030
RCW 38.16.030: Inactive national guard.
Status: in_force

The inactive national guard of this state shall respectively be organized by the governor in regulations in conformance with the laws, rules and regulations of the United States. It shall consist of such organizations, officers and enlisted persons as the governor shall prescribe. No commissioned officer shall be transferred or furloughed to the inactive national guard without the officer's written consent, except as otherwise expressly provided by law. Any officer of the inactive national guard may be restored to the active list by order of the governor, subject to the same examination as in the case of an original appointment to his or her rank, and in such event his or her service in the inactive national guard shall not be counted in computing total length of service for relative seniority.
RCW 38.52.590 — Washington Code / Title 38 / Chapter 52 / Section 590
RCW 38.52.590: Disaster resilience program.
Status: in_force

(1) Subject to the availability of amounts appropriated for this specific purpose, the emergency management division within the department shall develop and administer a disaster resilience program. The program should include: (a) Methods for ensuring ongoing coordination of state and local disaster resilience and response activities, including: (i) Coordinating funding to maximize federal, state, local, and private investments; (ii) Serving as a public and private disaster resilience resource center; (iii) Enhancing interagency collaboration, education, and outreach programs; and (iv) Identifying and leveraging respective roles, authorities, and expertise of agencies; (b) Strategies for addressing the impacts of all hazards, both natural and human-caused, such as border closures, including: (i) Developing, coordinating, and communicating disaster resilience initiatives and projects across state agencies and local governments on hazards and issues where there is not another lead agency for coordinating resilience activities, including projects that give special consideration to exclave communities; (ii) Conducting policy research and recommendations related to enhancing disaster resilience; (iii) Coordinating research, data collection, and analysis; (iv) Researching economic tools to address disaster resilience; and (v) Recommending investments to mitigate disaster risks from all threats and hazards; and (c) Participating and collaborating in interagency efforts to advance statewide climate resilience activities under chapter 70A.05 RCW, including collaborating on the development of a statewide strategy and identifying opportunities to leverage funding to advance solutions that improve the resilience of communities, infrastructure, and ecosystems. (2) For purposes of this section: (a) "Resilience" means the ability to prepare, mitigate, plan for, withstand, recover from, and more successfully adapt to adverse events and changing conditions, and reorganize in an equitable manner that results in a new and better condition; and (b) "Disaster resilience" means resilience within the critical infrastructure sectors of emergency services; communications; critical government facilities; transportation; critical manufacturing; commercial facilities; chemical manufacturing and distribution; water and wastewater treatment; and dams, excluding power generation.
RCW 38.52.230 — Washington Code / Title 38 / Chapter 52 / Section 230
RCW 38.52.230: Compensation boards—Attendance of witnesses, oaths, rules—Members uncompensated.
Status: in_force

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 witnesses; to make all necessary rules and regulations for its guidance in conformity with the provisions of this chapter: PROVIDED, HOWEVER, That no compensation or emoluments shall be paid to any member of said board for any duties performed as a member of said compensation board.
RCW 38.40.060 — Washington Code / Title 38 / Chapter 40 / Section 060
RCW 38.40.060: Military leave for public employees.
Status: in_force

(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 armed forces of the United States shall be entitled to and shall be granted military leave of absence from such employment for a period not exceeding twenty-one days during each year beginning October 1st and ending the following September 30th in order that the person may report for required military duty, training, or drills including those in the national guard under Title 10 U.S.C., Title 32 U.S.C., or state active status. (2) Such military leave of absence shall be in addition to any vacation or sick leave to which the officer or employee might otherwise be entitled, and shall not involve any loss of efficiency rating, privileges, or pay. (3) During the period of military leave, the officer or employee shall receive from the state, or the county, city, or other political subdivision, his or her normal pay. (4)(a) The officer or employee shall be charged military leave only for days that he or she is scheduled to work for the state or the county, city, or other political subdivision. (b) If the officer or employee is scheduled to work a shift that begins on one calendar day and ends on the next calendar day, the officer or employee shall be charged military leave for only the first calendar day. If the officer or employee is scheduled to work a shift that begins on one calendar day and ends later than the next calendar day, the officer or employee shall be charged military leave for each calendar day except the calendar day on which the shift ends.
RCW 38.38.680 — Washington Code / Title 38 / Chapter 38 / Section 680
RCW 38.38.680: Assaulting or willfully disobeying superior commissioned officer.
Status: in_force

Any person subject to this code who: (1) Strikes his or her superior commissioned officer or draws or lifts up any weapon or offers any violence against him or her while he or she is in the execution of his or her office; or (2) Willfully disobeys a lawful command of his or her superior commissioned officer; shall be punished as a court-martial may direct.
RCW 38.16.010 — Washington Code / Title 38 / Chapter 16 / Section 010
RCW 38.16.010: Period of enlistment in national guard.
Status: in_force

The period of enlistment in the Washington national guard shall conform to the laws and regulations of the United States department of defense governing such enlistments including the term of such enlistments and the maximum and minimum age of enlistment.
RCW 38.38.080 — Washington Code / Title 38 / Chapter 38 / Section 080
RCW 38.38.080: Confinement in jails.
Status: in_force

Persons confined other than in a guard house, whether before, during, or after trial by a military court, shall be confined in civil jails, penitentiaries, or prisons designated by the governor or the adjutant general.
RCW 38.38.780 — Washington Code / Title 38 / Chapter 38 / Section 780
RCW 38.38.780: Provoking speeches or gestures.
Status: in_force

Any person subject to this code who uses provoking or reproachful words or gestures toward any other person subject to this code shall be punished as a court-martial may direct.
RCW 38.12.020 — Washington Code / Title 38 / Chapter 12 / Section 020
RCW 38.12.020: Powers and duties.
Status: in_force

The adjutant general shall: (1) Subject to the orders of the commander-in-chief, command the Washington national guard and recruit, train, maintain, and administer the organized militia of the state of Washington. (2) Supervise the preparation and submission of any records required by the federal government, the governor, or as otherwise required by law. (3) Maintain records of the organized militia and state military department as required by law. The adjutant general shall deposit records with the state archivist for historical purposes. (4) Cause to be published and distributed to the organized militia at state expense necessary documents or publications, to include the Washington code of military justice. (5) Keep just and true accounts of all moneys received and disbursed by the military department. (6) Attest all commissions issued to military officers of this state. (7) Be the custodian of the seal of the office of adjutant general and deliver the same to his or her successor. All orders issued from the office of the adjutant general shall be authenticated with the seal. Orders or records under the seal shall be prima facie proof of certification or authenticity. (8) Promulgate in orders such regulations pertaining to the operation and function of the state military department and organized militia, as in his or her opinion the conditions demand. (9) Attend to the care, preservation, safekeeping, and repairing of all military property belonging to the state, or issued to the state by the United States for military purposes. Any property of the state military department which, after proper inspection, is found unsuitable or no longer needed for use of the organized militia shall be disposed of in such manner as the governor shall direct and the proceeds thereof used for replacements in kind or by other needed authorized military supplies, and the adjutant general may execute the necessary instruments of conveyance to effect such sale or disposal. (10) Issue the military property as the necessity of service requires and make purchases for that purpose. (11) Be the custodian of all military relics, trophies, colors, and histories now in possession of, or which may be acquired by, the state. (12) Keep a record of all real property owned or used by the state for military purposes, and in connection therewith he or she shall have sole power to execute all leases to acquire the use of real property by the state for military purposes, or lease it to other agencies for use for authorized activities. The adjutant general shall also have full power to execute and grant easements for rights-of-way for construction, operation, and maintenance of utility service, water, sewage, and drainage for such realty.
RCW 38.38.552 — Washington Code / Title 38 / Chapter 38 / Section 552
RCW 38.38.552: Approval by the convening authority.
Status: in_force

In acting on the findings and sentence of a court-martial, the convening authority may approve only such findings of guilty, and the sentence or such part or amount of the sentence, as he or she finds correct in law and fact and as he or she in his or her discretion determines should be approved. Unless he or she indicates otherwise, approval of the sentence is approval of the findings and sentence.
RCW 38.52.150 — Washington Code / Title 38 / Chapter 52 / Section 150
RCW 38.52.150: Orders, rules, regulations—Enforcement—Availability—Penalty.
Status: in_force

(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 organization shall have available for inspection at its office all orders, rules, and regulations made by the governor, or under his or her authority. (2)(a) Except as provided in (b) of this subsection, every violation of any rule, regulation, or order issued under the authority of this chapter is a misdemeanor. (b) A second offense hereunder the same is a gross misdemeanor.
RCW 38.42.150 — Washington Code / Title 38 / Chapter 42 / Section 150
RCW 38.42.150: Civil investigative demands—Standards—Limitations—Enforcement.
Status: in_force

(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 document or recording, wherever situated, which he or she believes to be relevant to the subject matter of an investigation of a possible violation of this chapter, or federal statutes dealing with the same or similar matters that the attorney general is authorized to enforce; or (b) have knowledge of any information that the attorney general believes relevant to the subject matter of such an investigation, he or she may, prior to the institution of a civil proceeding thereon, execute in writing and cause to be served upon such a person, a civil investigative demand requiring such a person to produce the documentary material and permit inspection and copying, to answer in writing written interrogatories, to give oral testimony, or any combination of these demands pertaining to the documentary material or information. Documents and information obtained under this section are not admissible in criminal prosecutions. (2) Each demand must: (a) State the statute and section or sections thereof, the alleged violation of which is under investigation, and the general subject matter of the investigation; (b) If the demand is for the production of documentary material, describe the class or classes of documentary material to be produced thereunder with reasonable specificity so as fairly to indicate the material demanded; (c) Prescribe a return date within which the documentary material is to be produced, the answers to written interrogatories are to be made, or a date, time, and place at which oral testimony is to be taken; and (d) Identify the members of the attorney general's staff to whom the documentary material is to be made available for inspection and copying, to whom answers to written interrogatories are to be made, or who are to conduct the examination for oral testimony. (3) No demand may: (a) Contain any requirement that would be unreasonable or improper if contained in a subpoena duces tecum, a request for answers to written interrogatories, or a request for deposition upon oral examination issued by a court of this state; or (b) Require the disclosure of any documentary material that would be privileged or which for any other reason would not be required by a subpoena duces tecum issued by a court of this state. (4) Service of such a demand may be made by: (a) Delivering a duly executed copy thereof to the person to be served, or, if such a person is not a natural person, to any officer or managing agent of the person to be served; (b) Delivering a duly executed copy thereof to the principal place of business in this state of the person to be served; or (c) Mailing by registered or certified mail a duly executed copy thereof addressed to the person to be served at the principal place of business in this state, or, if the person has no place of business in this state, to his or her principal office or place of business. (5)(a) Documentary material demanded pursuant to the provisions of this section must be produced for inspection and copying during normal business hours at the principal office or place of business of the person served, or at such other times and places as may be agreed upon by the person served and the attorney general. (b) Written interrogatories in a demand served under this section must be answered in the same manner as provided in the civil rules for superior court. (c) The oral testimony of any person obtained pursuant to a demand served under this section must be taken in the same manner as provided in the civil rules for superior court for the taking of depositions. In the course of the deposition, the assistant attorney general conducting the examination may exclude from the place where the examination is held all persons other than the person being examined, the person's counsel, and the officer before whom the testimony is to be taken. (d) Any person compelled to appear pursuant to a demand for oral testimony under this section may be accompanied by counsel. (e) The oral testimony of any person obtained pursuant to a demand served under this section must be taken in the county within which the person resides, is found, or transacts business, or in another place as may be agreed upon between the person served and the attorney general. (6) If, after prior court approval, a civil investigative demand specifically prohibits disclosure of the existence or content of the demand, unless otherwise ordered by a superior court for good cause shown, it is a misdemeanor for any person if not a bank, trust company, mutual savings bank, credit union, or savings and loan association organized under the laws of the United States or of any one of the states to disclose to any other person the existence or content of the demand, except for disclosure to counsel for the recipient of the demand or unless otherwise required by law. (7) No documentary material, answers to written interrogatories, or transcripts of oral testimony produced pursuant to a demand, or copies thereof, shall, unless otherwise ordered by a superior court for good cause shown, be produced for inspection or copying by, nor may the contents thereof be disclosed to, other than an authorized employee of the attorney general, without the consent of the person who produced the material, answered written interrogatories, or gave oral testimony, except as otherwise provided in this section: PROVIDED, That: (a) Under the reasonable terms and conditions as the attorney general prescribes, the copies of the documentary material, answers to written interrogatories, or transcripts of oral testimony must be available for inspection and copying by the person who produced the material, answered written interrogatories, or gave oral testimony, or any duly authorized representative of such a person; (b) The attorney general or any assistant attorney general may use the copies of documentary material, answers to written interrogatories, or transcripts of oral testimony as he or she determines necessary in the enforcement of this chapter, including presentation before any court: PROVIDED, That any material, answers to written interrogatories, or transcripts of oral testimony that contain trade secrets may not be presented except with the approval of the court in which action is pending after adequate notice to the person furnishing the material, answers to written interrogatories, or oral testimony. (8) At any time before the return date specified in the demand, or within twenty days after the demand has been served, whichever period is shorter, a petition to extend the return date for, or to modify or set aside a demand issued pursuant to subsection (1) of this section, stating good cause, may be filed in the superior court for Thurston county, or in another county where the parties reside. A petition, by the person on whom the demand is served, stating good cause, to require the attorney general or any person to perform any duty imposed by the provisions of this section, and all other petitions in connection with a demand, may be filed in the superior court for Thurston county, or in the county where the parties reside. The court has jurisdiction to impose such sanctions as are provided for in the civil rules for superior court with respect to discovery motions. (9) Whenever any person fails to comply with any civil investigative demand for documentary material, answers to written interrogatories, or oral testimony duly served upon him or her under this section, or whenever satisfactory copying or reproduction of any such material cannot be done and the person refuses to surrender the material, the attorney general may file, in the trial court of general jurisdiction of the county in which the person resides, is found, or transacts business, and serve upon the person a petition for an order of the court for the enforcement of this section, except that if the person transacts business in more than one county the petition must be filed in the county in which the person maintains his or her principal place of business, or in another county as may be agreed upon by the parties to the petition. Whenever any petition is filed in the trial court of general jurisdiction of any county under this section, the court has jurisdiction to hear and determine the matter so presented and to enter such an order or orders as may be required to carry into effect the provisions of this section, and may impose such sanctions as are provided for in the civil rules for superior court with respect to discovery motions.
RCW 38.38.544 — Washington Code / Title 38 / Chapter 38 / Section 544
RCW 38.38.544: Reconsideration and revision.
Status: in_force

(1) If a specification before a court-martial has been dismissed on motion and the ruling does not amount to a finding of not guilty, the convening authority may return the record to the court for reconsideration of the ruling and any further appropriate action. (2) Where there is an apparent error or omission in the record or where the record shows improper or inconsistent action by a court-martial with respect to a finding or sentence which can be rectified without material prejudice to the substantial rights of the accused, the convening authority may return the record to the court for appropriate action. In no case, however, may the record be returned: (a) For reconsideration of a finding of not guilty, or a ruling which amounts to a finding of not guilty; (b) For reconsideration of a finding of not guilty of any charge, unless the record shows a finding of guilty under a specification laid under that charge, which sufficiently alleges a violation of some section of this code; or (c) For increasing the severity of the sentence unless the sentence prescribed for the offense is mandatory.
RCW 38.40.030 — Washington Code / Title 38 / Chapter 40 / Section 030
RCW 38.40.030: Compensation for death or disability.
Status: in_force

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 determined as provided in this section, including necessary medical care. If the member dies from disease contracted or injury received or is killed while in active state service or inactive duty under order of the governor, then the dependents of the deceased shall receive such compensation as may be allowed as provided in this section. If the United States or any agent thereof, in accordance with any federal statute or regulation, furnishes monetary assistance, benefits, or other temporary or permanent relief to militia members or to their dependents for injuries arising out of and occurring in the course of their activities as militia members, but not including Social Security benefits, then the amount of compensation which any militia member or his or her dependents are otherwise entitled to receive from the state of Washington as provided in this section shall be reduced by the amount of monetary assistance, benefits, or other temporary or permanent relief the militia member or his or her dependents have received and will receive from the United States or any agent thereof as a result of his or her injury. All claims arising under this section shall be inquired into by a board of three officers, at least one being a medical officer, to be appointed by the adjutant general. The board has the same power to take evidence, administer oaths, issue subpoenas, compel witnesses to attend and testify and produce books and papers, and punish their failure to do so as is possessed by a general court-martial. The amount of compensation or benefits payable shall conform as nearly as possible to the general schedule of payments and awards provided under the workers' compensation law in effect in the state of Washington at the time the disability or death occurred. The findings of the board shall be reviewed by the adjutant general for final approval. The adjutant general may return the proceedings for revision or for the taking of further testimony. The action of the board when finally approved by the adjutant general is final and conclusive and constitutes the fixed award for the injury or loss and is a debt of the state of Washington.
RCW 38.12.150 — Washington Code / Title 38 / Chapter 12 / Section 150
RCW 38.12.150: Officer to take oath.
Status: in_force

Every officer, duly commissioned or warranted shall within such time as may be provided by law or by regulations, take the oath of office prescribed by law, and give bond, if required. In case of neglect or refusal so to do, the officer shall be considered to have resigned such office and a new appointment may be made as provided by law.
RCW 38.16.050 — Washington Code / Title 38 / Chapter 16 / Section 050
RCW 38.16.050: Appointment of members of the committee for employer support of the guard and reserve to civil affairs unit.
Status: in_force

To assist the state of Washington in the event of mobilization of state and federal military forces in the state, and notwithstanding other provisions of the state military law and other regulations governing appointment and promotion of officers and enlisted personnel of the Washington state guard, members of the Washington committee for employer support of the guard and reserve may be appointed to serve in a civil affairs unit of the Washington state guard. The rank shall be determined by the adjutant general.
RCW 38.10.010 — Washington Code / Title 38 / Chapter 10 / Section 010
RCW 38.10.010: Emergency management assistance compact.
Status: in_force

The emergency management assistance compact is enacted and entered into by this state with all other states legally joining the compact in the form substantially as follows: ARTICLE I PURPOSES AND AUTHORITIES This compact is made and entered into by and between the participating party states which enact this compact. For the purposes of this agreement, the term "states" means the several states, the Commonwealth of Puerto Rico, the District of Columbia, and all United States territorial possessions. The purpose of this compact is to provide for mutual assistance between the states entering into this compact in managing any emergency or disaster that is duly declared by the governor of the affected state or states, whether arising from natural disaster, technological hazard, man-made disaster, civil emergency aspects of resources shortages, community disorders, insurgency, or enemy attack. This compact shall also provide for mutual cooperation in emergency-related exercises, testing, or other training activities using equipment and personnel simulating performance of any aspect of the giving and receiving of aid by party states or subdivisions of party states during emergencies, such actions occurring outside actual declared emergency periods. Mutual assistance in this compact may include the use of the states' national guard forces, either in accordance with the national guard mutual assistance compact, or by mutual agreement between states. ARTICLE II GENERAL IMPLEMENTATION Each party state entering into this compact recognizes many emergencies transcend political jurisdictional boundaries and that intergovernmental coordination is essential in managing these and other emergencies under this compact. Each state further recognizes that there will be emergencies which require immediate access and present procedures to apply outside resources to make a prompt and effective response to the emergency. This is because few, if any, individual states have all the resources they may need in all types of emergencies or the capability of delivering resources to areas where emergencies exist. The prompt, full, and effective utilization of resources of the participating states, including any resources on hand or available from the federal government or any other source, that are essential to the safety, care, and welfare of the people in the event of any emergency or disaster declared by a party state, shall be the underlying principle on which all articles of this compact shall be understood. On behalf of the governor of each state participating in the compact, the legally designated state official who is assigned responsibility for emergency management will be responsible for formulation of the appropriate interstate mutual aid plans and procedures necessary to implement this compact. ARTICLE III PARTY STATE RESPONSIBILITIES (1) It shall be the responsibility of each party state to formulate procedural plans and programs for interstate cooperation in the performance of the responsibilities listed in this articleIn order to provide for the continuity and preservation of civil government, each elected and appointed officer of the state shall designate those public documents which are essential records of his or her office and needed in an emergency and for the reestablishment of normal operations after any such emergency. A list of such records shall be forwarded to the state archivist on forms prescribed by the state archivist. This list shall be reviewed at least annually by the elected or appointed officer to insure its completeness. Any changes or revisions following this review shall be forwarded to the state archivist. Each such elected and appointed officer of state government shall insure that the security of essential records of his or her office is by the most economical means commensurate with adequate protection. Protection of essential records may be by vaulting, planned or natural dispersal of copies, or any other method approved by the state archivist. Reproductions of essential records may be by photo copy, magnetic tape, microfilm, or other method approved by the state archivist. Local government offices may coordinate the protection of their essential records with the state archivist as necessary to provide continuity of local government under emergency conditions.sibility for emergency management will be responsible for formulation of the appropriate interstate mutual aid plans and procedures necessary to implement this compact. ARTICLE III PARTY STATE RESPONSIBILITIES (1) It shall be the responsibility of each party state to formulate procedural plans and programs for interstate cooperation in the performance of the responsibilities listed in this article. In formulating such plans, and in carrying them out, the party states, as is practical, shall: (a) Review individual state hazards analyses and, to the extent reasonably possible, determine all those potential emergencies the party states might jointly suffer, whether due to natural disaster, technological hazard, man-made disaster, emergency aspects of resource shortages, civil disorders, insurgency, or enemy attack; (b) Review party states' individual emergency plans and develop a plan which will determine the mechanism for the interstate management and provision of assistance concerning any potential emergency; (c) Develop interstate procedures to fill any identified gaps and to resolve any identified inconsistencies or overlaps in existing or developed plans; (d) Assist in warning communities adjacent to or crossing the state boundaries; (e) Protect and assure uninterrupted delivery of services, medicines, water, food, energy and fuel, search and rescue, and critical lifeline equipment, services, and resources, both human and material; (f) Inventory and set procedures for the interstate loan and delivery of human and material resources, together with procedures for reimbursement or forgiveness; (g) Provide, to the extent authorized by law, for temporary suspension of any statutes or ordinances that restrict the implementation of the responsibilities listed in this compact. (2) The authorized representative of a party state may request assistance of another party state by contacting the authorized representative of that state. The provisions of this agreement shall only apply to requests for assistance made by and to authorized representatives. Requests may be verbal or in writing. If verbal, the request shall be confirmed in writing within thirty days of the verbal request. Requests shall provide the following information: (a) A description of the emergency services function for which assistance is needed, such as, but not limited to, fire services, law enforcement, emergency medical, transportation, communications, public works and engineering, building inspection, planning and information assistance, mass care, resource support, health and medical services, and search and rescue; (b) The amount and type of personnel, equipment, materials, and supplies needed, and a reasonable estimate of the length of time they will be needed; (c) The specific place and time for staging of the assisting party's response and a point of contact at that location. (3) There shall be frequent consultation between state officials who have assigned emergency management responsibilities and other appropriate representatives of the party states with affected jurisdictions and the United States government, with free exchange of information, plans, and resource records relating to emergency capabilities. ARTICLE IV LIMITATIONS Any party state requested to render mutual aid or conduct exercises and training for mutual aid shall take such action as is necessary to provide and make available the resources covered by this compact in accordance with the terms of this compact. However, it is understood that the state rendering aid may withhold resources to the extent necessary to provide reasonable protection for the state. Each party state shall afford to the emergency forces of any party state, while operating within its state limits under the terms and conditions of this compact, the same powers except that of arrest unless specifically authorized by the receiving state, duties, rights, and privileges as are afforded forces of the state in which they are performing emergency services. Emergency forces will continue under the command and control of their regular leaders, but the organizational units will come under the operational control of the emergency services authorities of the state receiving assistance. These conditions may be activated, as needed, only subsequent to a declaration of a state of emergency or disaster by the governor of the party state that is to receive assistance or commencement of exercises or training for mutual aid and shall continue so long as the exercise or training for mutual aid are in progress, the state of emergency or disaster remains in effect, or loaned resources remain in the receiving state or states, whichever is longer. ARTICLE V LICENSES AND PERMITS Whenever any person holds a license, certificate, or other permit issued by any state party to the compact evidencing the meeting of qualifications for professional, mechanical, or other skills, and when such assistance is requested by the receiving party state, such person shall be deemed licensed, certified, or permitted by the state requesting assistance to render aid involving such skill to meet a declared emergency or disaster, subject to such limitations and conditions as the governor of the requesting state may prescribe by executive order or otherwise. ARTICLE VI LIABILITY Officers or employees of a party state rendering aid in another state under this compact shall be considered agents of the requesting state for tort liability and immunity purposes; and no party state or its officers or employees rendering aid in another state under this compact shall be liable on account of any act or omission in good faith on the part of such forces while so engaged or on account of the maintenance or use of any equipment or supplies in connection therewith. Good faith in this article may not include willful misconduct, gross negligence, or recklessness. ARTICLE VII SUPPLEMENTARY AGREEMENTS Inasmuch as it is probable that the pattern and detail of the machinery for mutual aid among two or more states may differ from that among the states that are party to this compact, this instrument contains elements of a broad base common to all states, and nothing in this compact shall preclude any state from entering into supplementary agreements with another state or affect any other agreements already in force between states. Supplementary agreements may comprehend, but shall not be limited to, provisions for evacuation and reception of injured and other persons and the exchange of medical, fire, police, public utility, reconnaissance, welfare, transportation and communications personnel, and equipment and supplies. ARTICLE VIII COMPENSATION Each party state shall provide for payment of compensation and death benefits to injured members of the emergency forces of that state and representatives of deceased members of such forces in case such members sustain injuries or are killed while rendering aid under this compact, in the same manner and on the same terms as if the injury or death were sustained within their own state. ARTICLE IX REIMBURSEMENT Any party state rendering aid in another state under this compact shall be reimbursed by the party state receiving the aid for any loss or damage to or expense incurred in the operation of any equipment and the provision of any service in answering a request for aid and for the costs incurred in connection with the requests. However, any aiding party state may assume in whole or in part the loss, damage, expense, or other cost, or may loan equipment or donate services to the receiving party state without charge or cost; and any two or more party states may enter into supplementary agreements establishing a different allocation of costs among those states. Article VIII expenses may not be reimbursable under this article. ARTICLE X EVACUATION Plans for the orderly evacuation and interstate reception of portions of the civilian population as the result of any emergency or disaster of sufficient proportions to so warrant, shall be worked out and maintained between the party states and the emergency management/services directors of the various jurisdictions where any type of incident requiring evacuation might occur. The plans shall be put into effect by request of the state from which evacuees come and shall include the manner of transporting evacuees, the number of evacuees to be received in different areas, the manner in which food, clothing, housing, and medical care will be provided, the registration of evacuees, the providing of facilities for the notification of relatives or friends, and the forwarding of evacuees to other areas or the bringing in of additional materials, supplies, and all other relevant factors. Plans shall provide that the party state receiving evacuees and the party state from which the evacuees come shall mutually agree as to reimbursement of out-of-pocket expenses incurred in receiving and caring for the evacuees, for expenditures for transportation, food, clothing, medicines and medical care, and like items. Expenditures shall be reimbursed as agreed by the party state from which the evacuees come. After the termination of the emergency or disaster, the party state from which the evacuees come shall assume the responsibility for the ultimate support of repatriation of the evacuees. ARTICLE XI IMPLEMENTATION (1) This compact shall become operative immediately upon its enactment into law by any two states. After the first enactment, this compact shall become effective as to any other state upon its enactment by such state. (2) Any party state may withdraw from this compact by enacting a statute repealing the compact, but no withdrawal may take effect until thirty days after the governor of the withdrawing state has given notice in writing of the withdrawal to the governors of all other party states. This action may not relieve the withdrawing state from obligations assumed under this compact before the effective date of withdrawal. (3) Duly authenticated copies of this compact and such supplementary agreements as may be entered into shall, at the time of their approval, be deposited with each of the party states, and with the federal emergency management agency and other appropriate agencies of the United States government. ARTICLE XII ADDITIONAL PROVISIONS Nothing in this compact shall authorize or permit the use of military force by the national guard of a state at any place outside that state in any emergency for which the president is authorized by law to call into federal service the militia, or for any purpose for which the use of the army or the air force would in the absence of express statutory authorization be prohibited under 18 U.S.C. Sec. 1385.
RCW 38.38.244 — Washington Code / Title 38 / Chapter 38 / Section 244
RCW 38.38.244: Special courts-martial of organized militia not in federal service—Who may convene.
Status: in_force

(1) In the organized militia not in federal service pursuant to Title 10 U.S.C., anyone authorized to convene a general court-martial, the commanding officer of a garrison, fort, post, camp, air base, auxiliary air base, or other place where troops are on duty, or of a brigade, regiment, wing, group, detached battalion, separate squadron, or other detached command may convene special courts-martial. Special courts-martial may also be convened by superior authority. When any such officer is an accuser, the court shall be convened by superior competent authority. (2) A special court-martial may not try a commissioned officer.
RCW 38.38.732 — Washington Code / Title 38 / Chapter 38 / Section 732
RCW 38.38.732: Captured or abandoned property.
Status: in_force

(1) All persons subject to this code shall secure all public property taken from the enemy for the service of the United States, and shall give notice and turn over to the proper authority without delay all captured or abandoned property in their possession, custody, or control. (2) Any person subject to this code who: (a) Fails to carry out the duties prescribed in subsection (1) of this section; (b) Buys, sells, trades, or in any way deals in or disposes of captured or abandoned property, whereby he or she receives or expects any profit, benefit, or advantage to himself or herself or another directly or indirectly connected with himself or herself; or (c) Engages in looting or pillaging; shall be punished as a court-martial may direct.
RCW 38.52.207 — Washington Code / Title 38 / Chapter 52 / Section 207
RCW 38.52.207: Claims arising from emergency management related activities—Filing—Consideration, adjustment, settlement, etc., by director—Effect.
Status: in_force

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 thousand dollars or less. The acceptance by the claimant of any such award, compromise, or settlement shall be final and conclusive on the claimant; and upon the state of Washington, unless procured by fraud, and shall constitute a complete release of any claim against the state of Washington. A request for administrative settlement shall not preclude a claimant from filing court action pending administrative determination, or limit the amount recoverable in such a suit, or constitute an admission against interest of either the claimant or the state.
RCW 38.44.030 — Washington Code / Title 38 / Chapter 44 / Section 030
RCW 38.44.030: Exemptions.
Status: in_force

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 departments are stationed, verified lists in triplicate of the members of their respective commands and departments, and the enrolling officer shall mark "Exempt" opposite the names of all persons so listed, attaching one copy of each such list to each copy of the enrollment. The enrolling officer shall also mark "Exempt" opposite the names of all federal, state and county officers. All other persons claiming exemption must within fifteen days after service upon them of the notice of enrollment make a written verified claim in duplicate of such exemption and file the same in the office of the county auditor, who shall within five days thereafter forward one copy thereof with remarks and recommendations to the adjutant general. Upon the expiration of the time within which any claim of exemption may be filed and received by the adjutant general, the latter shall notify the county auditor of the decision in each case where exemption has been claimed, and the county auditor shall write upon the roll opposite the name of each person whose claim of exemption has been allowed by the adjutant general, the word "Exempt." All those on the roll not marked "Exempt" shall be subject to military duty.
RCW 38.08.060 — Washington Code / Title 38 / Chapter 08 / Section 060
RCW 38.08.060: Governor's decision final.
Status: in_force

Whenever any portion of the militia is ordered to duty by the governor, the decision of the governor shall be final, incontrovertible, and unimpeachable. Whenever any portion of the militia has been ordered out by the governor, it shall be deemed that local law and order and the enforcement thereof has failed, and that the militia shall become an additional police power, retaining its separate entity and operating at all times as a military organization under military command, to cooperate with existing peace forces wherever possible, for the reestablishment of law and order and for the protection of life and property.
RCW 38.52.050 — Washington Code / Title 38 / Chapter 52 / Section 050
RCW 38.52.050: Governor's general powers and duties.
Status: in_force

(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 assume direct operational control over all or any part of the emergency management functions within this state. (2) In performing his or her duties under this chapter, the governor is authorized to cooperate with the federal government, with other states, and with private agencies in all matters pertaining to the emergency management of this state and of the nation. (3) In performing his or her duties under this chapter and to effect its policy and purpose, the governor is further authorized and empowered: (a) To make, amend, and rescind the necessary orders, rules, and regulations to carry out the provisions of this chapter within the limits of the authority conferred upon him [or her] herein, with due consideration of the plans of the federal government; (b) On behalf of this state, to enter into mutual aid arrangements with other states and territories, or provinces of the Dominion of Canada and to coordinate mutual aid interlocal agreements between political subdivisions of this state; (c) To delegate any administrative authority vested in him [or her] under this chapter, and to provide for the subdelegation of any such authority; (d) To appoint, with the advice of local authorities, metropolitan or regional area coordinators, or both, when practicable; (e) To cooperate with the president and the heads of the armed forces, the emergency management agency of the United States, and other appropriate federal officers and agencies, and with the officers and agencies of other states in matters pertaining to the emergency management of the state and nation.
RCW 38.38.200 — Washington Code / Title 38 / Chapter 38 / Section 200
RCW 38.38.200: Confinement instead of fine.
Status: in_force

In the organized militia not in federal service, a court-martial may, instead of imposing a fine, sentence to confinement for not more than one day for each dollar of the authorized fine.
RCW 38.08.050 — Washington Code / Title 38 / Chapter 08 / Section 050
RCW 38.08.050: Governor may order out unorganized militia.
Status: in_force

In event of, or imminent danger of, war, insurrection, rebellion, invasion, tumult, riot, resistance to law or process or breach of the peace, if the governor shall have ordered into active service all of the available forces of the organized militia of Washington and shall consider them insufficient in number to properly accomplish the purpose, he or she may then in addition order out the unorganized militia or such portion thereof as he may deem necessary, and cause them to perform such military duty as the circumstances may require.
RCW 38.52.410 — Washington Code / Title 38 / Chapter 52 / Section 410
RCW 38.52.410: Search and rescue activities—Distribution of funds for compensation and reimbursement of volunteers.
Status: in_force

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 in extraordinary search and rescue operations such as search and rescue operations lasting over twenty-four hours where food and lodging for workers is necessary; (2) excessive transportation and rescue costs incurred by out-of-county residents which would not be otherwise collectible; and (3) compensation as provided in RCW 38.52.020 (1)(d) as now or hereafter amended.
RCW 38.38.768 — Washington Code / Title 38 / Chapter 38 / Section 768
RCW 38.38.768: Dueling.
Status: in_force

Any person subject to this code who fights or promotes, or is concerned in or connives at fighting a duel, or who, having knowledge of a challenge sent or about to be sent, fails to report the fact promptly to the proper authority, shall be punished as a court-martial may direct.
RCW 38.52.037 — Washington Code / Title 38 / Chapter 52 / Section 037
RCW 38.52.037: Comprehensive state mine rescue plan—Submittal to legislature.
Status: in_force

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, identify shortfalls, and recommend solutions. The draft of the comprehensive state mine rescue plan and a schedule for submittal of the final plan shall be submitted to the legislature on January 13, 1986.
RCW 38.38.782 — Washington Code / Title 38 / Chapter 38 / Section 782
RCW 38.38.782: Assault upon another member of the organized militia.
Status: in_force

Any person subject to this code who attempts or offers with unlawful force or violence to do bodily harm to another member of the organized militia, whether or not the attempt or offer is consummated, is guilty of assault and shall be punished as a court-martial may direct.
RCW 38.38.412 — Washington Code / Title 38 / Chapter 38 / Section 412
RCW 38.38.412: Refusal to appear or testify—Penalty.
Status: in_force

(1) Any person not subject to this code who: (a) Has been duly subpoenaed to appear as a witness or to produce books and records before a court-martial, military commission, court of inquiry, or any other military court or board, or before any military or civil officer designated to take a deposition to be read in evidence before such a court, commission, or board; (b) Has been duly paid or tendered the fees and mileage of a witness at the rates allowed to witnesses attending the superior court of the state; and (c) Willfully neglects or refuses to appear, or refuses to qualify as a witness or to testify or to produce any evidence which that person may have been legally subpoenaed to produce; is guilty of an offense against the state. (2) Any person who commits an offense named in subsection (1) of this section shall be tried before the superior court of this state having jurisdiction and jurisdiction is conferred upon those courts for that purpose. Upon conviction, such a person shall be punished by a fine of not more than five hundred dollars, or imprisonment for not more than six months, or both. (3) The prosecuting attorney in any such court, upon the certification of the facts by the military court, commission, court of inquiry, or board, shall prosecute any person violating this section.
RCW 38.52.561 — Washington Code / Title 38 / Chapter 52 / Section 561
RCW 38.52.561: 911 calls from radio communications and interconnected voice over internet protocol service companies—Technical and operational standards.
Status: in_force

The state 911 coordinator, with the advice and assistance of the 911 advisory committee, must set nondiscriminatory, uniform technical and operational standards consistent with the rules of the federal communications commission for the transmission of 911 calls from radio communications service companies and interconnected voice over internet protocol service companies to 911 emergency communications systems. These standards must be modernized to align with national standards adopted by the state of Washington in rule making and not exceed the requirements set by the federal communications commission. The authority given to the state 911 coordinator in this section is limited to setting standards as set forth in this section and does not constitute authority to regulate radio communications service companies or interconnected voice over internet protocol service companies.
RCW 38.42.040 — Washington Code / Title 38 / Chapter 42 / Section 040
RCW 38.42.040: Waiver of rights pursuant to written agreement.
Status: in_force

(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 executed during or after the service member's period of military service. The written agreement shall specify the legal instrument to which the waiver applies and, if the service member is not party to that instrument, the service member concerned. (2) The requirement in subsection (1) of this section for a written waiver applies to the following: (a) The modification, termination, or cancellation of a contract, lease, or bailment; or an obligation secured by a mortgage, trust, deed, lien, or other security in the nature of a mortgage; and (b) the repossession, retention, foreclosure, sale, forfeiture, or taking possession of property that is security for any obligation or was purchased or received under a contract, lease, or bailment.
RCW 38.52.420 — Washington Code / Title 38 / Chapter 52 / Section 420
RCW 38.52.420: Model contingency plan for pollution control facilities and hazardous waste management.
Status: in_force

(1) The department, in consultation with appropriate federal agencies, the departments of natural resources, fish and wildlife, and ecology, representatives of local government, and any other person the director may deem appropriate, shall assist in the development of a model contingency plan, consistent with other plans required for hazardous materials by federal and state law, to serve as a draft plan for local governments which may be incorporated into the state and local emergency management plans. (2) The model contingency plan shall: (a) Include specific recommendations for pollution control facilities which are deemed to be most appropriate for the control, collection, storage, treatment, disposal, and recycling of oil and other spilled material and furthering the prevention and mitigation of such pollution; (b) Include recommendations for the training of local personnel consistent with other training proposed, funded, or required by federal or state laws for hazardous materials; (c) Suggest cooperative training exercises between the public and private sector consistent with other training proposed, funded, or required by federal or state laws for hazardous materials; (d) Identify federal and state laws requiring contingency or management plans applicable or related to prevention of pollution, emergency response capabilities, and hazardous waste management, together with a list of funding sources that local governments may use in development of their specific plans; (e) Promote formal agreements between the department and local entities for effective spill response; and (f) Develop policies and procedures for the augmentation of emergency services and agency spill response personnel through the use of volunteers: PROVIDED, That no contingency plan may require the use of volunteers by a responding responsible party without that party's consent.
RCW 38.52.370 — Washington Code / Title 38 / Chapter 52 / Section 370
RCW 38.52.370: Medical, surgical or hospital treatment—Reimbursement.
Status: in_force

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 injured emergency worker, the emergency worker has no right to receive similar medical, surgical or hospital treatment as provided in this chapter, but the department, may furnish a medical, surgical or hospital treatment as part of the compensation provided under the provisions of this chapter and apply to the United States or its agent for the reimbursement which will be made to the emergency worker or his or her dependents. As a condition to the furnishing of such medical, surgical or hospital treatment, the department shall require the emergency worker and his dependents to assign to the state of Washington, for the purpose of reimbursing for any medical, surgical or hospital treatment furnished or to be furnished by the state, any claim or right such emergency worker or his or her dependents may have to reimbursement from the United States or any agent thereof.
RCW 38.38.004 — Washington Code / Title 38 / Chapter 38 / Section 004
RCW 38.38.004: Definitions—Construction.
Status: in_force

In this chapter, unless the context otherwise requires: (1) "A month's pay" or fraction thereof shall be calculated based upon a member's basic pay entitlement as if the member were serving for a thirty-day period. (2) "Accuser" means a person who signs and swears to charges, any person who directs that charges nominally be signed and sworn to by another, and any person who has an interest other than an official interest in the prosecution of the accused. (3) "Code" means this chapter. (4) "Commanding officer" includes only commissioned officers in command of a unit. (5) "Commissioned officer" includes a commissioned warrant officer. (6) "Convening authority" includes, in addition to the person who convened the court, a commissioned officer commanding for the time being, or a successor in command. (7) "Enlisted member" means a person in an enlisted grade. (8) "Grade" means a step or degree, in a graduated scale of office or military rank, that is established and designated as a grade by law or regulation. (9) "Judge advocate" means an officer of the army or air national guard designated as a judge advocate by the judge advocate general of the army or the judge advocate general of the air force. (10) "May" is used in a permissive sense. The words "no person may. . ." mean that no person is required, authorized, or permitted to do the act prescribed. (11) "Military" refers to any or all of the armed forces. (12) "Military court" means a court-martial or a court of inquiry. (13) "Military judge" means the presiding officer of a general or special court-martial detailed in accordance with RCW 38.38.256 . (14) "Military offense" means those offenses listed in RCW 38.38.644 through 38.38.800 , 38.38.762 , and 38.38.782 . (15) "Nonmilitary offense" means any offense other than those listed in Title 38 RCW. (16) "Officer" means commissioned or warrant officer. (17) "Organized militia" means the national guard of the state, as defined in section 101(3) of Title 32, United States Code, and any other military force organized under the laws of the state of Washington. (18) "Rank" means the order of precedence among members of the organized militia. (19) "Shall" is used in an imperative sense. (20) "State judge advocate" means the commissioned judge advocate officer responsible for supervising the administration of the military justice in the organized militia. (21) "Superior commissioned officer" means a commissioned officer superior in rank or command.
RCW 38.60.020 — Washington Code / Title 38 / Chapter 60 / Section 020
RCW 38.60.020: Definitions.
Status: in_force

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Certification board" means the voluntary public safety telecommunicator certification board. (2) "Public safety answering point" includes primary public safety answering points that receive 911 calls directly from the public and secondary public safety answering points that receive 911 calls only on a transfer or relay basis from the primary public safety answering point. (3) "Public safety telecommunicator" means a first responder working in a primary public safety answering point, regardless of title, who has successfully completed the training, certification, or recertification standards established in the state of Washington. This includes an employee of the state, a local public agency, or an independent governmental agency whose primary responsibility is to receive, process, transmit, or dispatch 911 emergency and nonemergency calls for law enforcement, fire, emergency medical, and other public safety services by telephone, radio, or other communication devices and includes an individual who promoted from this position and supervises individuals who perform these functions. (4) "State-approved training program" means a public safety telecommunicator certified training program approved by the certification board to meet the requirements of a state-approved public safety telecommunicator training, certification, and recertification standards. For community colleges, vocational-technical institutes, skill centers, and secondary schools as described in chapter 28B.50 RCW, public safety telecommunicator certified training programs shall be approved by the certification board in cooperation with the board for community and technical colleges or the superintendent of public instruction.
RCW 38.56.060 — Washington Code / Title 38 / Chapter 56 / Section 060
RCW 38.56.060: Emergency responder—Not an employee of a requesting member jurisdiction.
Status: in_force

An emergency responder is not an employee of the requesting member jurisdiction and is not entitled to any right, privilege, or benefit of employment from the requesting member jurisdiction, including but not limited to, compensation, wages, salary, leave, pensions, health, or other advantage.
RCW 38.52.310 — Washington Code / Title 38 / Chapter 52 / Section 310
RCW 38.52.310: Coverage, classification, registration, of workers.
Status: in_force

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 adopt rules and regulations prescribing the manner in which emergency workers of each class are to be registered.
RCW 38.38.848 — Washington Code / Title 38 / Chapter 38 / Section 848
RCW 38.38.848: Sections to be explained.
Status: in_force

(1) RCW 38.38.008 , 38.38.012 , 38.38.064 through 38.38.132 , 38.38.252 , 38.38.260 , 38.38.372 , 38.38.480 , 38.38.624 through * 38.38.792 , and 38.38.848 through 38.38.860 shall be carefully explained to every enlisted member: (a) At the time of the member's enlistment or transfer or induction; (b) At the time of the member's order to duty in or with any of the organized militia; or (c) Within forty days thereafter. (2) These sections shall also be explained again to each member of the organized militia each time a member of the organized militia reenlists or extends his or her enlistment. (3) A complete text of this code and of the regulations prescribed by the governor thereunder shall be made available to any member of the organized militia, upon request, for personal examination.
RCW 38.38.664 — Washington Code / Title 38 / Chapter 38 / Section 664
RCW 38.38.664: Absence without leave.
Status: in_force

Any person subject to this code who, without authority: (1) Fails to go to his or her appointed place of duty at the time prescribed; (2) Goes from that place; or (3) Absents himself or herself or remains absent from his or her unit, organization, or place of duty at which he or she is required to be at the time prescribed; shall be punished as a court-martial may direct.
RCW 38.52.240 — Washington Code / Title 38 / Chapter 52 / Section 240
RCW 38.52.240: Compensation boards—Duties as to compensation applications.
Status: in_force

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 compensation board, the matter shall be submitted to the state emergency management council for action.
RCW 38.38.580 — Washington Code / Title 38 / Chapter 38 / Section 580
RCW 38.38.580: Restoration.
Status: in_force

(1) Under such regulations as the governor may prescribe, all rights, privileges, and property affected by an executed part of a court-martial sentence which has been set aside or disapproved, except an executed dismissal or discharge, shall be restored unless a new trial or rehearing is ordered and such executed part is included in a sentence imposed upon a new trial or rehearing. (2) If a previously executed sentence of dishonorable discharge is not imposed on a new trial, the governor shall substitute therefor a form of discharge authorized for administrative issuance unless the accused is to serve out the remainder of his or her enlistment. (3) If a previously executed sentence of dismissal is not imposed on a new trial, the governor shall substitute therefor a form of discharge authorized for administrative issue, and the commissioned officer dismissed by that sentence may be reappointed by the governor alone to such commissioned grade and with such rank as in the opinion of the governor that former officer would have attained had he or she not been dismissed. The reappointment of such a former officer may be made if a position vacancy is available under applicable tables of organization. All time between the dismissal and reappointment shall be considered as service for all purposes.
RCW 38.40.050 — Washington Code / Title 38 / Chapter 40 / Section 050
RCW 38.40.050: Discharge from employment—Penalty.
Status: in_force

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 inactive duty which takes the member from his or her employment the member may apply upon the termination of such duty to be restored to his or her 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.
RCW 38.38.324 — Washington Code / Title 38 / Chapter 38 / Section 324
RCW 38.38.324: Advice of state judge advocate and reference for trial.
Status: in_force

(1) Before directing the trial of any charge by general court-martial, the convening authority shall refer it to the state judge advocate for consideration and advice. The convening authority may not refer a charge to a general court-martial for trial unless he or she has found that the charge alleges an offense under this code, is warranted by evidence indicated in the report of the investigation under RCW 38.38.316 , if there is such a report, and the court-martial would have jurisdiction over the accused and the offense. (2) The advice of the staff judge advocate under subsection (1) of this section with respect to a specification under a charge shall include a written and signed statement by the staff judge advocate: (a) Expressing conclusions with respect to each matter set forth in subsection (1) of this section; and (b) Recommending action that the convening authority take regarding the specification. If the specification is referred for trial, the recommendation of the state judge advocate shall accompany the specification. (3) If the charges or specifications are not formally correct or do not conform to the substance of the evidence contained in the report of the investigating officer, formal corrections, and such changes in the charges and specifications as are needed to make them conform to the evidence may be made.
RCW 38.38.076 — Washington Code / Title 38 / Chapter 38 / Section 076
RCW 38.38.076: Restraint of persons charged with offenses.
Status: in_force

Any person subject to this code charged with an offense under this code shall be ordered into arrest or confinement, as circumstances may require; but when charged only with an offense normally tried by a summary court-martial, such person shall not ordinarily be placed in confinement. When any person subject to this code is placed in arrest or confinement prior to trial, immediate steps shall be taken to inform the person of the specific wrong of which he or she is accused and to try the person or to dismiss the charges and release the person.
RCW 38.38.024 — Washington Code / Title 38 / Chapter 38 / Section 024
RCW 38.38.024: Judge advocates and legal officers.
Status: in_force

(1) The governor, on the recommendation of the adjutant general, shall appoint a judge advocate officer of the army or air national guard as state judge advocate. To be eligible for appointment, an officer must be a member of the bar of the highest court of the state and must have been a member of the bar of the state for at least five years. (2) The adjutant general may appoint as many assistant state judge advocates as he or she considers necessary. To be eligible for appointment, assistant state judge advocates must be officers of the organized militia and members of the bar of the highest court of the state. (3) The state judge advocate or assistants shall make frequent inspections in the field in supervision of the administration of military justice. (4) Convening authorities shall at all times communicate directly with their staff judge advocates in matters relating to the administration of military justice; and the staff judge advocate of any command is entitled to communicate directly with the staff judge advocate of a superior or subordinate command, or with the state judge advocate. (5) No person who has acted as member, law officer, trial counsel, assistant trial counsel, defense counsel, assistant defense counsel, or investigating officer, or who has been a witness for either the prosecution or defense, in any case may later act as staff judge advocate to any reviewing authority upon the same case. (6) No judge advocate may be assigned nonlegal duties unless authorized by the state judge advocate.
RCW 38.52.930 — Washington Code / Title 38 / Chapter 52 / Section 930
RCW 38.52.930: Transfer of powers, duties, and functions to state military department.
Status: in_force

All powers, duties, and functions of the *department of community, trade, and economic development pertaining to emergency management are transferred to the state military department. All references to the director or the department of community development or the *department of community, trade, and economic development in the Revised Code of Washington shall be construed to mean the adjutant general or the state military department when referring to the functions transferred in this section.
RCW 38.52.600 — Washington Code / Title 38 / Chapter 52 / Section 600
RCW 38.52.600: Extreme weather response grant program.
Status: in_force

(1) Subject to the availability of amounts appropriated for this specific purpose, the department shall develop and implement an extreme weather response grant program for the purpose of assisting political subdivisions and federally recognized tribes, in geographic areas where vulnerable populations face combined, multiple environmental harms and health impacts as determined by the department, with the costs of responding to community needs during periods of extremely hot or cold weather or in situations of severe poor air quality from wildfire smoke. The department may adopt rules to administer the extreme weather response grant program. (2)(a) The department may award grants to political subdivisions and federally recognized tribes, in geographic areas where vulnerable populations face combined, multiple environmental harms and health impacts as determined by the department, for reimbursement of costs in accordance with subsection (3) of this section if the costs were incurred by communities that have demonstrated a lack of local resources to address community needs and were incurred for the benefit of vulnerable populations. For the purposes of this section, vulnerability refers to the resilience of communities when confronted by external stresses on human health, such as natural or human-caused disasters. Vulnerable populations include, but are not limited to, individuals with disabilities, individuals without vehicles, older adults, individuals with low incomes or experiencing homelessness, and individuals with limited English proficiency. (b) The department may utilize grant dollars to purchase temporary, movable shelters, which shall remain in the custody of the department to be loaned out to political subdivisions when requested by the executive head to assist with emergency response to extreme weather events. (3) The costs associated with the following activities are eligible for reimbursement under the extreme weather response grant program: (a) Establishing and operating warming and cooling centers, including rental of equipment, purchase of supplies and water, staffing, and other associated costs; (b) Transporting individuals and their pets to warming and cooling centers; (c) Purchasing fans or other supplies needed for cooling of congregate living settings; (d) Providing emergency temporary housing such as rental of a hotel or convention center; (e) Retrofitting or establishing facilities within warming and cooling centers that are pet friendly in order to permit individuals to evacuate with their pets; and (f) Other related activities necessary for life safety during a period of extremely hot or cold weather or in situations of severe poor air quality from wildfire smoke as determined by the department. (4) The department shall, upon request, provide information to political subdivisions and federally recognized tribes regarding the establishment and operation of warming and cooling centers. (5) Grant funding awarded under this section must be used to supplement, not supplant, other federal, state, and local funding for emergency response. (6) For purposes of this section, "political subdivision" means any county, city, or town that has established a local organization for emergency management or any joint local organization for emergency management established pursuant to RCW 38.52.070 .
RCW 38.24.020 — Washington Code / Title 38 / Chapter 24 / Section 020
RCW 38.24.020: Audit and payment of awards.
Status: in_force

All compensation shall be payable in monthly installments and shall be audited and paid as any other claim against the military department and shall be payable from the general fund out of any moneys not otherwise appropriated.
RCW 38.52.270 — Washington Code / Title 38 / Chapter 52 / Section 270
RCW 38.52.270: Minors entitled to benefits.
Status: in_force

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 majority of such minor. Work as an emergency worker shall not be deemed as employment or in violation of any of the provisions of chapter 49.12 RCW.
RCW 38.52.107 — Washington Code / Title 38 / Chapter 52 / Section 107
RCW 38.52.107: State hazard mitigation revolving loan account.
Status: in_force

(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 tomorrow through ongoing risk mitigation act. Moneys in the account may be spent only after appropriation. Moneys in the account may only be used, consistent with federal law, to administer the safeguarding tomorrow through ongoing risk mitigation act program, including loans to local and tribal governments for: (a) Carrying out projects designed to mitigate the impact of natural hazards; (b) Zoning and land use planning changes focused on low-impact development and community resiliency; (c) Establishing and carrying out building code enforcement for the protection of the health, safety, and general welfare of the building's users against disasters and natural hazards; and (d) Providing technical assistance. (2) Moneys may also be used for administration and oversight of the safeguarding tomorrow through ongoing risk mitigation act program. (3) Moneys from federal receipts from the safeguarding tomorrow through ongoing risk mitigation act grant, appropriations from the state legislature, transfers from other state funds or accounts, all repayments of moneys borrowed from the account, all interest payments made by borrowers from the account or otherwise earned on the account, or any other lawful source may be deposited into the account. All interest earned on moneys deposited in the account, including repayments, shall remain in the account and may be used for any eligible purpose. (4) The department may adopt such rules as are necessary under RCW 38.52.050 to administer the account.
RCW 38.52.120 — Washington Code / Title 38 / Chapter 52 / Section 120
RCW 38.52.120: Political activity prohibited.
Status: in_force

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.
RCW 38.38.428 — Washington Code / Title 38 / Chapter 38 / Section 428
RCW 38.38.428: Voting, rulings, instructions.
Status: in_force

(1) Voting by members of a general or special court-martial on the findings and on the sentence, and by members of a court-martial without a military judge upon questions of challenge, shall be by secret written ballot. The junior member of the court shall count the votes. The count shall be checked by the president, who shall forthwith announce the result of the ballot to the members of the court. (2) The military judge and, except for questions of challenge, the president of a court-martial without a military judge shall rule upon all questions of law and all interlocutory questions arising during the proceedings. Any such ruling made by the military judge upon any question of law or any interlocutory question other than the factual issue of mental responsibility of the accused, or by the president of a court-martial without a military judge upon any question of law other than a motion for a finding of not guilty, is final and constitutes the ruling of the court. However, the military judge or the president of a court-martial without a military judge may change a ruling at any time during the trial. Unless the ruling is final, if any member objects thereto, the court shall be cleared and closed and the question decided by a vote as provided in RCW 38.38.432 , beginning with the junior in rank. (3) Before a vote is taken on the findings, the military judge or the president of a court-martial without a military judge shall, in the presence of the accused and counsel, instruct the members of the court as to the elements of the offense and charge them: (a) That the accused must be presumed to be innocent until guilt is established by legal and competent evidence beyond reasonable doubt; (b) That in the case being considered, if there is reasonable doubt as to the guilt of the accused, the doubt must be resolved in favor of the accused and the accused must be acquitted; (c) That, if there is a reasonable doubt as to the degree of guilt, the finding must be in a lower degree to which there is no reasonable doubt; and (d) That the burden of proof to establish the guilt of the accused beyond reasonable doubt is upon the state. (4) Subsections (1), (2), and (3) of this section do not apply to a court-martial composed of a military judge only. The military judge of such a court-martial shall determine all questions of law and fact arising during the proceedings and, if the accused is convicted, adjudge an appropriate sentence. The military judge of such a court-martial shall make a general finding and shall in addition on request find the facts specially. If an opinion or memorandum of decision is filed, it will be sufficient if the findings of fact appear therein.
RCW 38.38.708 — Washington Code / Title 38 / Chapter 38 / Section 708
RCW 38.38.708: Unlawful detention of another.
Status: in_force

Any person subject to this code who, except as provided by law or regulation, apprehends, arrests, or confines any person shall be punished as a court-martial may direct.
RCW 38.52.532 — Washington Code / Title 38 / Chapter 52 / Section 532
RCW 38.52.532: 911 advisory committee—Annual legislative update—Modernization—Public safety answering points.
Status: in_force

(1) Annually, the 911 advisory committee must provide an update on the status of 911 service in the state to the appropriate committees in the legislature. The update must include progress by the state 911 coordination office and the counties towards continual growth and maintenance of a 911 emergency communications system with greater efficiencies in 911 operations including, but not limited to, regionalization of facilities, centralization of equipment, statewide purchasing, strategic plan performance, and fiscal health of the 911 emergency communications system. (2) To assist with modernization of the 911 emergency communications system, all counties operating public safety answering points in Washington state, with the exception of tribal nations, must assist the 911 advisory committee to update the legislature annually within the requirements of *RCW 38.52.520 (8) by providing annual public safety answering point expenditure reports and additional information as necessary requested by the state 911 coordinator's office. (3) To assist with modernization of the 911 emergency communications system, public safety answering points providing service in multiple counties shall report to the county where they are physically located. Public safety answering points providing services outside of Washington state borders shall limit reporting to those areas within the boundaries of Washington state. Counties receiving services from a public safety answering point outside of Washington state must report the cost of services into their county.
RCW 38.40.220 — Washington Code / Title 38 / Chapter 40 / Section 220
RCW 38.40.220: Military department active state service account.
Status: in_force

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 appropriation. Expenditures from the account may be used only for claims and expenses for the organized militia called into active state service to perform duties under RCW 38.08.040 that are not paid under RCW 38.24.010 from nonappropriated funds, including but not limited to claims and expenses arising from anticipated planning, training, exercises, and other administrative duties that are not of an emergency nature. During the 2023-2025 fiscal biennium, the legislature may direct the state treasurer to transfer money in the military department active state service account to the state general fund.
RCW 38.38.256 — Washington Code / Title 38 / Chapter 38 / Section 256
RCW 38.38.256: Military judge of a general or special court-martial.
Status: in_force

(1) A military judge shall be detailed to each general court-martial. Subject to regulations of the governor, a military judge may be detailed to any special court-martial. The governor shall prescribe regulations providing for the manner in which military judges are detailed for such courts-martial and for the persons who are authorized to detail military judges for such courts-martial. The military judge shall preside over each open session of the court-martial to which he or she has been detailed. (2) A military judge shall be a commissioned officer of the armed forces who is a member of the bar of a federal court or a member of the bar of the highest court of a state and who is certified to be qualified for duty as a military judge by the state judge advocate. (3) The military judge of a general court-martial shall be designated by the state judge advocate or a designee for detail in accordance with regulations prescribed under subsection (1) of this section. Unless the court-martial was convened by the governor, neither the convening authority nor any member of the staff shall prepare or review any report concerning the effectiveness, fitness, or efficiency of the military judge so detailed, which relates to performance of duty as a military judge. A commissioned officer who is certified to be qualified for duty as a military judge of a general court-martial may perform such duties only when he or she is assigned and directly responsible to the state judge advocate or designee, and may perform duties of a judicial or nonjudicial nature other than those relating to the primary duty as a military judge of a general court-martial when such duties are assigned by or with the approval of the state judge advocate or designee. (4) No person is eligible to act as military judge in a case if the person is the accuser or a witness for the prosecution or has acted as investigating officer or a counsel in the same case. (5) The military judge of a court-martial may not consult with the members of the court except in the presence of the accused, trial counsel, and defense counsel, nor may the military judge vote with the members of the court.
RCW 38.40.150 — Washington Code / Title 38 / Chapter 40 / Section 150
RCW 38.40.150: Property to remain public property.
Status: in_force

All property issued to organizations and members of the organized militia of Washington shall be and remain public property.
RCW 38.38.488 — Washington Code / Title 38 / Chapter 38 / Section 488
RCW 38.38.488: Effective date of sentences.
Status: in_force

(1) No forfeiture may extend to any pay or allowances accrued before the date on which the sentence is approved by the person acting under RCW 38.38.536 . (2) Any period of confinement included in a sentence of a court-martial begins to run from the date the sentence is ordered to be executed by the convening authority, but periods during which the sentence to confinement is suspended or deferred shall be excluded in computing the service of the term of confinement. Regulations prescribed by the governor may provide that sentences of confinement may not be executed until approved by designated officers. (3) All other sentences of courts-martial are effective on the date ordered executed. (4) On application by an accused who is under sentence to confinement that has not been ordered executed, the convening authority or, if the accused is no longer under his or her jurisdiction, the officer exercising general court-martial jurisdiction over the command to which the accused is currently assigned, may, in his or her sole discretion, defer service of the sentence to confinement. The deferment shall terminate when the sentence is ordered executed. The deferment may be rescinded at any time by the officer who granted it or, if the accused is no longer under his or her jurisdiction, by the officer exercising general court-martial jurisdiction over the command to which the accused is currently assigned.
RCW 38.38.172 — Washington Code / Title 38 / Chapter 38 / Section 172
RCW 38.38.172: Courts-martial of organized militia not in federal service—Composition—Jurisdiction—Powers and proceedings.
Status: in_force

(1) In the organized militia not in federal service, there are general, special, and summary courts-martial constituted like similar courts of the armed forces of the United States. They have the jurisdiction and powers, except as to punishments, and shall follow the forms and procedures provided for those courts. (2) The three kinds of courts-martial are: (a) General courts-martial, consisting of a military judge and not less than five members, or only a military judge, if before the court is assembled the accused, knowing the identity of the military judge and after consultation with defense counsel, requests orally on the record or in writing a court composed only of a military judge and the military judge approves; (b) Special courts-martial, consisting of not less than three members, or a military judge and not less than three members, or only a military judge, if one has been detailed to the court, and the accused under the same conditions as those prescribed in (a) of this subsection so requests; and (c) Summary courts-martial, consisting of one commissioned officer.
RCW 38.38.728 — Washington Code / Title 38 / Chapter 38 / Section 728
RCW 38.38.728: Forcing a safeguard.
Status: in_force

Any person subject to this code who forces a safeguard shall be punished as a court-martial may direct.
RCW 38.38.840 — Washington Code / Title 38 / Chapter 38 / Section 840
RCW 38.38.840: Courts of inquiry.
Status: in_force

(1) Courts of inquiry to investigate any matter may be convened by the governor, the adjutant general, or by any other person designated by the governor for that purpose, whether or not the persons involved have requested such an inquiry: PROVIDED, That upon the request of the officer involved such an inquiry shall be instituted as hereinabove set forth. (2) A court of inquiry consists of three or more commissioned officers. For each court of inquiry the convening authority shall also appoint counsel for the court. (3) Any person subject to this code whose conduct is subject to inquiry shall be designated as a party. Any person subject to this code or employed in the state military department, who has a direct interest in the subject of inquiry has the right to be designated as a party upon request to the court. Any person designated as a party shall be given due notice and has the right to be present, to be represented by counsel, to cross-examine witnesses, and to introduce evidence. (4) Members of a court of inquiry may be challenged by a party, but only for cause stated to the court. (5) The members, counsel, the reporter, and interpreters of courts of inquiry shall take an oath or affirmation to faithfully perform their duties. (6) Witnesses may be summoned to appear and testify and be examined before courts of inquiry, as provided for courts-martial. (7) Courts of inquiry shall make findings of fact but may not express opinions or make recommendations unless required to do so by the convening authority. (8) Each court of inquiry shall keep a record of its proceedings, which shall be authenticated by the signatures of the president and counsel for the court and forwarded to the convening authority. If the record cannot be authenticated by the president, it shall be signed by a member in lieu of the president. If the record cannot be authenticated by the counsel for the court, it shall be signed by a member in lieu of the counsel.
RCW 38.38.696 — Washington Code / Title 38 / Chapter 38 / Section 696
RCW 38.38.696: Mutiny or sedition.
Status: in_force

(1) Any person subject to this code who: (a) With intent to usurp or override lawful military authority refuses, in concert with any other person, to obey orders or otherwise do his or her duty or creates any violence or disturbance is guilty of mutiny; (b) With intent to cause the overthrow or destruction of lawful civil authority, creates, in concert with any other person, revolt, violence, or other disturbance against that authority is guilty of sedition; (c) Fails to do his or her utmost to prevent and suppress a mutiny or sedition being committed in his or her presence, or fails to take all reasonable means to inform his or her superior commissioned officer or commanding officer of a mutiny or sedition which he or she knows or has reason to believe is taking place, is guilty of a failure to suppress or report a mutiny or sedition. (2) A person who is found guilty of attempted mutiny, mutiny, sedition, or failure to suppress or report a mutiny or sedition shall be punished as a court-martial may direct.
RCW 38.52.070 — Washington Code / Title 38 / Chapter 52 / Section 070
RCW 38.52.070: Local organizations and joint local organizations authorized—Establishment, operation—Emergency powers, procedures—Communication plans.
Status: in_force

(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, That a political subdivision proposing such establishment shall submit its plan and program for emergency management to the state director and secure his or her recommendations thereon, and verification of consistency with the state comprehensive emergency management plan, in order that the plan of the local organization for emergency management may be coordinated with the plan and program of the state. Local comprehensive emergency management plans must specify the use of the incident command system for multiagency/multijurisdiction operations. No political subdivision may be required to include in its plan provisions for the emergency evacuation or relocation of residents in anticipation of nuclear attack. If the director's recommendations are adverse to the plan as submitted, and, if the local organization does not agree to the director's recommendations for modification to the proposal, the matter shall be referred to the council for final action. The director may authorize two or more political subdivisions to join in the establishment and operation of a joint local organization for emergency management as circumstances may warrant, in which case each political subdivision shall contribute to the cost of emergency management upon such fair and equitable basis as may be determined upon by the executive heads of the constituent subdivisions. If in any case the executive heads cannot agree upon the proper division of cost the matter shall be referred to the council for arbitration and its decision shall be final. When two or more political subdivisions join in the establishment and operation of a joint local organization for emergency management each shall pay its share of the cost into a special pooled fund to be administered by the treasurer of the most populous subdivision, which fund shall be known as the . . . . . . emergency management fund. Each local organization or joint local organization for emergency management shall have a director who shall be appointed by the executive head of the political subdivision, and who shall have direct responsibility for the organization, administration, and operation of such local organization for emergency management, subject to the direction and control of such executive officer or officers. In the case of a joint local organization for emergency management, the director shall be appointed by the joint action of the executive heads of the constituent political subdivisions. Each local organization or joint local organization for emergency management shall perform emergency management functions within the territorial limits of the political subdivision within which it is organized, and, in addition, shall conduct such functions outside of such territorial limits as may be required pursuant to the provisions of this chapter. (2) In carrying out the provisions of this chapter each political subdivision, in which any disaster as described in RCW 38.52.020 occurs, shall have the power to enter into contracts and incur obligations necessary to combat such disaster, protecting the health and safety of persons and property, and providing emergency assistance to the victims of such disaster. Each political subdivision is authorized to exercise the powers vested under this section in the light of the exigencies of an extreme emergency situation without regard to time-consuming procedures and formalities prescribed by law (excepting mandatory constitutional requirements), including, but not limited to, budget law limitations, requirements of competitive bidding and publication of notices, provisions pertaining to the performance of public work, entering into contracts, the incurring of obligations, the employment of temporary workers, the rental of equipment, the purchase of supplies and materials, the levying of taxes, and the appropriation and expenditures of public funds. (3)(a)(i) Each local organization or joint local organization for emergency management that produces a local comprehensive emergency management plan must include a communication plan for notifying significant population segments of life safety information during an emergency. Local organizations and joint local organizations are encouraged to consult with affected community organizations in the development of the communication plans. Communication plans must include an expeditious notification of citizens who can reasonably be determined to be at risk during a hazardous material spill or release pursuant to RCW 70.136.080 . (ii) In developing communication plans, local organizations and joint organizations should consider, as part of their determination of the extent of the obligation to provide emergency notification to significant population segments, the following factors: The number or proportion of the limited English proficiency persons eligible to be served or likely to be encountered; the frequency with which limited English proficiency individuals come in contact with the emergency notification; the nature and importance of the emergency notification, service, or program to people's lives; and the resources available to the political subdivision to provide emergency notifications. (iii) "Significant population segment" means, for the purposes of this subsection (3), each limited English proficiency language group that constitutes five percent or one thousand residents, whichever is less, of the population of persons eligible to be served or likely to be affected within a city, town, or county. The office of financial management forecasting division's limited English proficiency population estimates are the demographic data set for determining eligible limited English proficiency language groups. (b) Local organizations and joint local organizations must submit the plans produced under (a) of this subsection to the Washington military department emergency management division, and must implement those plans. An initial communication plan must be submitted with the local organization or joint local organization's next local emergency management plan update following July 23, 2017, and subsequent plans must be reviewed in accordance with the director's schedule. (4) When conducting emergency or disaster after-action reviews, local organizations and joint local organizations must evaluate the effectiveness of communication of life safety information and must inform the emergency management division of the Washington military department of technological challenges which limited communications efforts, along with identifying recommendations and resources needed to address those challenges.
RCW 38.38.756 — Washington Code / Title 38 / Chapter 38 / Section 756
RCW 38.38.756: Improper hazarding of vessel.
Status: in_force

(1) Any person subject to this code who wilfully and wrongfully hazards or suffers to be hazarded any vessel of the armed forces of the United States or of the organized militia shall be punished as a court-martial may direct. (2) Any person subject to this code who negligently hazards or suffers to be hazarded any vessel of the armed forces of the United States or of the organized militia shall be punished as a court-martial may direct.
RCW 38.52.520 — Washington Code / Title 38 / Chapter 52 / Section 520
RCW 38.52.520: State 911 coordination office.
Status: in_force

A state 911 coordination office, headed by the state 911 coordinator, is established in the emergency management division of the department. Duties of the office include: (1) Administering the 911 account established in RCW 38.52.540 ; (2) Seeking advice and assistance from, and providing staff support for the 911 advisory committee; (3) Providing and supporting 911 emergency communications systems, which may include procurement, funding, ownership, and management; (4) Assisting the counties and Washington state patrol public safety answering points by distributing state 911 emergency communications system funding within the priorities identified in RCW 38.52.545 . When designated as a primary public safety answering point by the county, the state 911 coordination office may provide funding for Washington state patrol public safety answering point 911 emergency communications systems; (5) Develop forms, submission dates, and methods as necessary for all public safety answering points to submit reports; (6) Providing staff support and assistance to the certification board established under RCW 38.60.030 that includes, but may not be limited to: (a) Establishing forms and procedures necessary to administer chapter 38.60 RCW; (b) Issuing a public safety telecommunicator registration and certification to any applicant who has met the requirements for certification under chapter 38.60 RCW; and (c) Maintaining the official record for the department of all applicants and persons with registrations and certificates under chapter 38.60 RCW; (7) Recommending to the utilities and transportation commission by August 31st of each year the level of the state 911 emergency communications system excise tax established in RCW 82.14B.030 (5) for the following year; (8) Establishing rules that: (a) Determine eligible components of the 911 emergency communications system, its administration, and operation that the state and county 911 excise taxes, under RCW 82.14B.030 , may be used to fund; (b) Determine how appropriated funds from the state 911 account shall be distributed, considering the baseline level of 911 emergency communications system service needs of individual counties and county-designated Washington state patrol primary public safety answering points for specific assistance; and (c) Specify statewide 911 emergency communications system and service standards, consistent with applicable state and federal law. The authority given to the state 911 coordinator in this section is limited to setting standards as set forth in this section and does not constitute authority to regulate radio communications service companies or interconnected voice over internet protocol service companies; and (9) Annually providing a complete report to the 911 advisory committee on: (a) Efforts to modernize their existing 911 emergency communications system; (b) All public safety answering points expenditures for administrative and operational costs and expenses of the 911 emergency communications system; and (c) Any additional data that may be identified by the 911 advisory committee.
RCW 38.38.704 — Washington Code / Title 38 / Chapter 38 / Section 704
RCW 38.38.704: Releasing prisoner without proper authority.
Status: in_force

Any person subject to this code who, without proper authority, releases any prisoner committed to his or her charge, or who through neglect or design suffers any such prisoner to escape, shall be punished as a court-martial may direct, whether or not the prisoner was committed in strict compliance with law.
RCW 38.56.070 — Washington Code / Title 38 / Chapter 56 / Section 070
RCW 38.56.070: Reimbursement for assistance provided.
Status: in_force

(1) A requesting member jurisdiction shall reimburse a responding member jurisdiction for the true and full value of all assistance provided under this chapter. However, if authorized by law, a responding member jurisdiction may donate assistance provided under this chapter to a requesting member jurisdiction. (2) If a dispute regarding reimbursement arises between member jurisdictions, the member jurisdiction asserting the dispute shall provide written notice to the other identifying the reimbursement issues in dispute. If the dispute is not resolved within ninety days after receipt of the dispute notice by the other party, either party to the dispute may invoke binding arbitration to resolve the reimbursement dispute by giving written notice to the other party. Within thirty days after receipt of the notice invoking binding arbitration, each party shall furnish the other a list of acceptable arbitrators. The parties shall select an arbitrator; failing to agree on an arbitrator, each party shall select one arbitrator and the two arbitrators shall select a third arbitrator for an arbitration panel. Costs of the arbitration, including compensation for the arbitrator's services, must be borne equally by the parties participating in the arbitration and each party bears its own costs and expenses, including legal fees and witness expenses, in connection with the arbitration proceeding.
RCW 38.38.762 — Washington Code / Title 38 / Chapter 38 / Section 762
RCW 38.38.762: Use, possession, or distribution of controlled substances.
Status: in_force

(1) Any person subject to this code who wrongfully uses, possesses, distributes, or introduces into an installation, vessel, vehicle, or aircraft used by or under the control of the armed forces or organized militia a substance described in subsection (2) of this section shall be punished as a court-martial may direct. (2) The substances referred to in subsection (1) of this section are the following: (a) Opium, heroin, cocaine, amphetamine, lysergic acid diethylamide, methamphetamine, phencyclidine, barbituric acid, and cannabis and any compound or derivative of any such substance; (b) Any substance not specified in (a) of this subsection that is listed on a schedule of controlled substances prohibited by the United States army; or (c) Any other substance not specified in this subsection that is listed in Schedules I through V of section 202 of the federal controlled substances act, 21 U.S.C. Sec. 812, as amended. (3) For the purposes of this section, "cannabis" has the meaning provided in RCW 69.50.101 .
RCW 38.20.050 — Washington Code / Title 38 / Chapter 20 / Section 050
RCW 38.20.050: Small arms ranges.
Status: in_force

Under the direction of the governor, the adjutant general shall, at the expense and in the name of the state, buy or lease, establish, equip, maintain and control such small arms ranges and issue such ammunition, transportation and supplies as may be necessary to provide each unit of the organized militia of Washington with adequate means and opportunity for thorough instruction in small arms practice.
RCW 38.38.312 — Washington Code / Title 38 / Chapter 38 / Section 312
RCW 38.38.312: Compulsory self-incrimination prohibited.
Status: in_force

(1) No person subject to this code may compel a person to incriminate himself or herself or to answer any question the answer to which may tend to incriminate himself or herself. (2) No person subject to this code may interrogate, or request any statement from, an accused or a person suspected of an offense without first informing the person of the nature of the accusation and advising that the person does not have to make any statement regarding the offense of which he or she is accused or suspected and that any statement made by the person may be used as evidence against him or her in a trial by court-martial. (3) No person subject to this code may compel any person to make a statement or produce evidence before any military tribunal if the statement or evidence is not material to the issue and may tend to degrade the person. (4) No statement obtained from any person in violation of this section, or through the use of coercion, unlawful influence, or unlawful inducement may be received in evidence against the person in a trial by court-martial.