reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › RCW Dispositions › 38.12 MILITIA OFFICERS AND ADVISORY COUNCIL

Sections
38.12.040 Advisory council.
[1943 c 130 § 17; Rem. Supp. 1943 § 8603-17.]
Repealed by 1982 c 163 § 23, effective June 30, 1982.
38.12.050 Duties of advisory council.
[1943 c 130 § 18; Rem. Supp. 1943 § 8603-18.]
Repealed by 1982 c 163 § 23, effective June 30, 1982.
38.12.080 Staff officers; how chosen.
[1943 c 130 § 22; Rem. Supp. 1943 § 8603-22. Prior: 1917 c 107 § 15; 1909 c 134 § 31, part; 1895 c 108 § 42, part.]
Repealed by 1974 ex.s. c 34 § 7.
38.12.090 Eligibility for staff assignment.
[1943 c 130 § 23; Rem. Supp. 1943 § 8603-23. Prior: 1917 c 107 § 16; 1909 c 134 § 31, part; 1895 c 108 § 42, part.]
Repealed by 1984 c 198 § 6.
38.12.100 Commissioned officers; selection.
[1943 c 130 § 24; Rem. Supp. 1943 § 8603-24. Prior: 1917 c 107 § 12, part; 1909 c 134 § 31, part; 1895 c 108 § 42, part.]
Repealed by 1974 ex.s. c 34 § 7.
38.12.110 Commissioned officers; promotion.
[1943 c 130 § 25; Rem. Supp. 1943 § 8603-25. Prior: 1917 c 107 § 19; 1909 c 134 § 31, part; 1895 c 108 § 42, part.]
Repealed by 1974 ex.s. c 34 § 7.
38.12.120 Commissioned officers; detail to staff.
[1943 c 130 § 26; Rem. Supp. 1943 § 8603-26. Prior: 1917 c 107 § 19; 1909 c 134 § 31, part; 1895 c 107 § 42, part.]
Repealed by 1974 ex.s. c 34 § 7.
38.12.130 Field officer; how chosen.
[1943 c 130 § 27; Rem. Supp. 1943 § 8603-27. Prior: 1917 c 107 § 20; 1909 c 134 § 31, part; 1895 c 108 § 42, part.]
Repealed by 1974 ex.s. c 34 § 7.
38.12.140 Officer may waive right to promotion.
[1943 c 130 § 28; Rem. Supp. 1943 § 8603-28. Prior: 1917 c 107 § 25; 1909 c 134 § 36, part; 1895 c 107 § 49.]
Repealed by 1974 ex.s. c 34 § 7.
38.12.190 Seniority of officers.
[1943 c 130 § 32; Rem. Supp. 1943 § 8603-32. Prior: 1925 c 28 § 1; 1909 c 134 § 33; 1895 c 108 § 41, part.]
Repealed by 1974 ex.s. c 34 § 7.
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › RCW Dispositions › 38.24 CLAIMS AND COMPENSATION

Sections
38.24.030 Transportation and subsistence.
[1943 c 130 § 51; Rem. Supp. 1943 § 8603-51. Prior: 1913 c 66 § 11; 1909 c 134 § 58; 1895 c 108 § 89, part.]
Repealed by 1984 c 198 § 6.
38.24.040 Allowances for incidental expenses.
[1943 c 130 § 50; Rem. Supp. 1943 § 8603-50. Prior: 1925 c 28 § 2, part; 1919 c 137 § 1, part; 1917 c 107 § 37, part; 1915 c 47 § 1, part; 1913 c 66 § 10, part; 1909 c 134 § 57, part; 1907 c 122 § 5, part; 1903 c 155 § 13, part; 1901 c 78 § 11, part; 1895 c 108 § 89, part.]
Repealed by 1984 c 198 § 6.
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › RCW Dispositions › 38.28 MILITARY TRIBUNALS

Sections
38.28.010 Military tribunals.
[1943 c 130 § 56; Rem. Supp. 1943 § 8603-56. Prior: 1917 c 107 § 45; 1909 c 134 § 72, part.]
Repealed by 1963 c 220 § 139.
38.28.020 Military courts.
[1943 c 130 § 57; Rem. Supp. 1943 § 8603-57. Prior: 1917 c 107 § 46; 1909 c 134 §§ 72, part, 73, part; 1895 c 108 §§ 132, 134, 135 and 136.]
Repealed by 1963 c 220 § 139.
38.28.030 General courts martial.
[1943 c 130 § 58; Rem. Supp. 1943 § 8603-58. Prior: 1917 c 107 § 47.]
Repealed by 1963 c 220 § 139.
38.28.040 Special courts martial.
[1943 c 130 § 59; Rem. Supp. 1943 § 8603-59. Prior: 1917 c 107 § 48.]
Repealed by 1963 c 220 § 139.
38.28.050 Summary court officer.
[1943 c 130 § 60; Rem. Supp. 1943 § 8603-60. Prior: 1917 c 107 § 49. Cf. 1909 c 134 § 76.]
Repealed by 1963 c 220 § 139.
38.28.060 Jurisdiction of military courts.
[1943 c 130 § 63; Rem. Supp. 1943 § 8603-63. Prior: 1917 c 107 § 55. Cf. 1909 c 134 § 73, part.]
Repealed by 1963 c 220 § 139.
38.28.070 Nonliability of military courts.
[1943 c 130 § 64; Rem. Supp. 1943 § 8603-64.]
Repealed by 1963 c 220 § 139.
38.28.080 Courts of inquiry.
[1943 c 130 § 85; Rem. Supp. 1943 § 8603-85. Prior: 1917 c 107 § 110.]
Repealed by 1963 c 220 § 139.
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › RCW Dispositions › 38.32 OFFENSES — PUNISHMENT

Sections
38.32.040 Officers and men may be arrested.
[1943 c 130 § 67; Rem. Supp. 1943 § 8603-67. Prior: 1917 c 107 § 56.]
Repealed by 1963 c 220 § 139.
38.32.050 Felonies — Civil authority.
[1943 c 130 § 68; Rem. Supp. 1943 § 8603-68.]
Repealed by 1963 c 220 § 139.
38.32.060 Right of pursuit.
[1943 c 130 § 79; Rem. Supp. 1943 § 8603-79.]
Repealed by 1963 c 220 § 139.
38.32.110 Wrongful taking of military property from armory.
[1943 c 130 § 88; Rem. Supp. 1943 § 8603-88. Prior: 1909 c 134 § 100.]
Repealed by 1963 c 220 § 139.
38.32.130 Punishment for offenses.
[1963 c 220 § 138; 1943 c 130 § 94; Rem. Supp. 1943 § 8603-94.]
Repealed by 1963 c 220 § 139; and repealed by 1981 c 260 § 18.
38.32.150 Governor's approval of sentence.
[1953 c 81 § 1; 1943 c 130 § 62; Rem. Supp. 1943 § 8603-62. Prior: 1917 c 107 § 54.]
Repealed by 1963 c 220 § 139.
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › RCW Dispositions › 38.36 TRIAL PROCEDURE

Sections
38.36.010 Courts not bound by technical rules.
[1943 c 130 § 65; Rem. Supp. 1943 § 8603-65.]
Repealed by 1963 c 220 § 139.
38.36.020 Regularity of proceedings presumed.
[1943 c 130 § 66; Rem. Supp. 1943 § 8603-66.]
Repealed by 1963 c 220 § 139.
38.36.030 Charges; how preferred.
[1943 c 130 § 69; Rem. Supp. 1943 § 8603-69. Cf. 1909 c 134 § 74, part; 1895 c 108 § 146, part.]
Repealed by 1963 c 220 § 139.
38.36.040 Accused shall be summoned.
[1943 c 130 § 70; Rem. Supp. 1943 § 8603-69. Prior: 1909 c 134 § 81; 1895 c 108 § 145.]
Repealed by 1963 c 220 § 139.
38.36.050 Default in appearance.
[1943 c 130 § 71; Rem. Supp. 1943 § 8603-71. Cf. 1909 c 134 § 83.]
Repealed by 1963 c 220 § 139.
38.36.060 Restraint pending trial.
[1943 c 130 § 72; Rem. Supp. 1943 § 8603-72.]
Repealed by 1963 c 220 § 139.
38.36.070 Process.
[1943 c 130 § 73; Rem. Supp. 1943 § 8603-73. Prior: 1917 c 107 § 58; 1909 c 134 § 88; 1895 c 108 § 158.]
Repealed by 1963 c 220 § 139.
38.36.080 Contempt of court.
[1943 c 130 § 74; Rem. Supp. 1943 § 8603-74. Prior: 1909 c 134 § 89; 1895 c 108 § 144.]
Repealed by 1963 c 220 § 139.
38.36.090 Subpoenas — Depositions.
[1943 c 130 § 75; Rem. Supp. 1943 § 8603-75. Prior: 1909 c 134 § 86; 1895 c 108 § 143.]
Repealed by 1963 c 220 § 139.
38.36.100 Witnesses.
[1943 c 130 § 76; Rem. Supp. 1943 § 8603-76. Prior: 1917 c 107 § 57; 1909 c 134 § 87; 1895 c 108 § 142.]
Repealed by 1963 c 220 § 139.
38.36.110 Service of order — Commitment.
[1943 c 130 § 77; Rem. Supp. 1943 § 8603-77. Prior: 1917 c 107 § 109. Cf. 1909 c 134 § 84; 1895 c 108 § 147.]
Repealed by 1963 c 220 § 139.
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › RCW Dispositions › 38.38 WASHINGTON CODE OF MILITARY JUSTICE

Sections
38.38.792 [Art. 114] Larceny and wrongful appropriation.
[1963 c 220 § 117.]
Recodified as RCW 38.38.783 by the code reviser September 2009.
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › RCW Dispositions › 38.40 MISCELLANEOUS PROVISIONS

Sections
38.40.070 Telegraph employees exempt from militia duty.
[Code 1881 § 2351, part; 1866 p 74 § 10, part; RRS § 11358, part.]
Now codified as RCW 38.40.071.
38.40.071 Telegraph company employees exempt from militia duty.
[1979 ex.s. c 135 § 4; Code 1881 § 2351; 1866 p 74 § 10; RRS § 11358. Formerly RCW 2.36.120.]
Repealed by 1989 c 19 § 62.
38.40.080 Uniforms, etc., exempt.
[1943 c 130 § 39; Rem. Supp. 1943 § 8603-39. Prior: 1917 c 107 § 34; 1909 c 134 § 53; 1895 c 108 § 82.]
Repealed by 1989 c 19 § 62.
38.40.090 Exemption from jury duty.
[1943 c 130 § 90; Rem. Supp. 1943 § 8603-90. Prior: 1917 c 107 § 124; 1909 c 134 § 95; 1895 c 108 § 74.]
Repealed by 1979 ex.s. c 135 § 9.
38.40.140 Unlawful wearing of military insignia.
[1943 c 130 § 55; Rem. Supp. 1943 § 8603-55. Cf. 1909 c 134 § 48.]
Repealed by 1987 c 456 § 32.
38.40.160 Personal effects of deceased soldiers.
[1943 c 130 § 89; Rem. Supp. 1943 § 8603-89.]
Repealed by 1989 c 19 § 62.
38.40.170 National guard educational assistance program — Grants — Eligibility — Limitations.
[1979 ex.s. c 90 § 1.]
Repealed by 1983 c 197 § 33, effective June 30, 1986.
38.40.180 National guard educational assistance program — Funding — Administration.
[1979 ex.s. c 90 § 2.]
Repealed by 1983 c 197 § 33, effective June 30, 1986.
38.40.190 National guard educational assistance program — Termination during periods of military conscription.
[1979 ex.s. c 90 § 3.]
Repealed by 1983 c 197 § 33, effective June 30, 1986.
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › RCW Dispositions › 38.42 SERVICE MEMBERS' CIVIL RELIEF

Sections
38.42.901 Captions not law-2005 c 254.
[2005 c 254 § 12.]
Decodified by the code reviser, July 2016.
38.42.902 Severability-2005 c 254.
[2005 c 254 § 14.]
Decodified by the code reviser, July 2016.
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › RCW Dispositions › 38.48 STATE AND NATIONAL DEFENSE

Sections
38.48.010 Defense council created.
[1941 c 177 § 2; Rem. Supp. 1941 § 8607-2.]
Repealed by 1951 c 178 § 17. See RCW 38.52.920.
38.48.020 Organization of council.
[1941 c 177 § 3; Rem. Supp. 1941 § 8607-3.]
Repealed by 1951 c 178 § 17. See RCW 38.52.920.
38.48.030 Powers and duties.
[1941 c 177 § 4; Rem. Supp. 1941 § 8607-4.]
Repealed by 1951 c 178 § 17. See RCW 38.52.920.
38.48.040 Local councils of defense.
[1941 c 177 § 5; Rem. Supp. 1941 § 8607-5.]
Repealed by 1951 c 178 § 17. See RCW 38.52.920.
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › RCW Dispositions › 38.52 EMERGENCY MANAGEMENT

Sections
38.52.006 Succession and vesting of powers, duties, and functions.
[1972 ex.s. c 6 § 2.]
Repealed by 1984 c 38 § 45.
38.52.007 Code reviser may change references to department, council and director in RCW.
[1972 ex.s. c 6 § 3.]
Repealed by 1974 ex.s. c 171 § 47.
38.52.035 Comprehensive emergency management plan — Submittal to legislature.
[1984 c 38 § 44.]
Repealed by 1987 c 505 § 88.
38.52.060 Mobile support units.
[1974 ex.s. c 171 § 8; 1951 c 178 § 7.]
Repealed by 1984 c 38 § 45.
38.52.090 Mutual aid arrangements — Interstate civil defense and disaster compact — Interstate mutual aid compact.
[1995 c 391 § 3; 1987 c 185 § 6; 1986 c 266 § 29; 1984 c 38 § 9; 1974 ex.s. c 171 § 11; 1951 c 178 § 10.]
Repealed by 1997 c 195 § 2. Later enactment, see RCW 38.52.091.
38.52.106 Nisqually earthquake account.
[2010 2nd sp.s. c 1 § 902; 2009 c 564 § 922; 2008 c 329 § 909; 2003 1st sp.s. c 25 § 913; 2002 c 371 § 904; 2001 c 5 § 2.]
Repealed by 2012 c 198 § 26, effective July 1, 2012.
38.52.130 Loyalty oath required.
[1974 ex.s. c 171 § 15; 1953 c 145 § 2; 1951 c 178 § 15.]
Repealed by 1984 c 38 § 45.
38.52.530 Enhanced 911 advisory committee.
[2010 1st sp.s. c 19 § 16; 2010 1st sp.s. c 7 § 51; 2006 c 210 § 1; 2002 c 341 § 3; 2000 c 34 § 1; 1997 c 49 § 7; 1991 c 54 § 5.]
Repealed by 2022 c 203 § 32.
38.52.560 Automatic number identification — Wireless two-way telecommunications service.
[1994 c 96 § 5.]
Repealed by 2002 c 341 § 13, effective January 1, 2003.
38.52.570 Immunity from liability for covered volunteers.
[2006 c 72 § 2.] Repealed by 2007 c 292 § 3. Later enactment, see RCW 38.52.180.
38.52.910 Act expires July 1, 1955.
[1951 c 178 § 21.]
Repealed by 1955 c 210 § 2.
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › RCW Dispositions › 38.54 STATE FIRE SERVICES MOBILIZATION

Sections
38.54.010 Definitions.
[2003 c 405 § 1; 1997 c 49 § 8. Prior: 1995 c 391 § 5; 1995 c 369 § 10; 1992 c 117 § 9.]
Recodified as RCW 43.43.960 pursuant to 2003 c 405 § 13.
38.54.020 Legislative declaration and intent.
[2003 c 405 § 2; 1997 c 49 § 9; 1995 c 391 § 6; 1992 c 117 § 10.]
Recodified as RCW 43.43.961 pursuant to 2003 c 405 § 13.
38.54.030 State fire protection policy board — State fire services mobilization plan — State fire resources coordinator.
[2003 c 405 § 3; 1997 c 49 § 10; 1995 c 269 § 1101; 1992 c 117 § 11.]
Recodified as RCW 43.43.962 pursuant to 2003 c 405 § 13.
38.54.040 Regional fire defense boards — Regional fire service plans — Regions established.
[1997 c 49 § 11; 1992 c 117 § 12.]
Recodified as RCW 43.43.963 pursuant to 2003 c 405 § 13.
38.54.050 Development of reimbursement procedures.
[2003 c 405 § 4; 1997 c 49 § 12; 1995 c 391 § 7; 1992 c 117 § 13.]
Recodified as RCW 43.43.964 pursuant to 2003 c 405 § 13.
38.54.900 Findings — 1992 c 117.
Cross-reference section, decodified September 2003.
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.04 - General Provisions. › 38.04.020 - "Officer," "enlisted persons" defined—Convictions and punishments.

RCW 38.04.020
"Officer," "enlisted persons" defined—Convictions and punishments.
Whenever used in this title, the word "officer" shall be understood to designate commissioned and warrant officers, and the words "enlisted persons" shall be understood to designate members of the organized militia of Washington other than commissioned or warrant officers. The convictions and punishments mentioned unless otherwise specifically designated, shall be understood to be respectively convictions and punishments by military courts.
[ 2009 c 549 § 1011; 1989 c 19 § 2; 1943 c 130 § 80; Rem. Supp. 1943 § 8603-80. Prior: 1917 c 107 § 60.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.04 - General Provisions. › 38.04.030 - Composition of the militia.

RCW 38.04.030
Composition of the militia.
The militia of the state of Washington shall consist of all able bodied citizens of the United States and all other able bodied persons who have declared their intention to become citizens of the United States, residing within this state, who shall be more than eighteen years of age, and shall include all persons who are members of the national guard and the state guard, and said militia shall be divided into two classes, the organized militia and the unorganized militia.
[ 1989 c 19 § 3; 1973 1st ex.s. c 154 § 55; 1963 c 74 § 1; 1943 c 130 § 2; Rem. Supp. 1943 § 8603-2. Prior: 1917 c 107 § 1; 1909 c 134 § 2; 1895 c 108 § 2.]
NOTES:
Severability—1973 1st ex.s. c 154: See note following RCW 2.12.030.
Militia—Who liable to military duty: State Constitution Art. 10 § 1.
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.04 - General Provisions. › 38.04.040 - Composition of organized militia.

RCW 38.04.040
Composition of organized militia.
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.
[ 1989 c 19 § 4; 1943 c 130 § 4; Rem. Supp. 1943 § 8603-4. Prior: 1917 c 107 § 3. Cf. 1909 c 108 § 10, part; 1895 c 108 § 10, part.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.08 - Powers and Duties of Governor. › 38.08.010 - Conformance with federal laws.

RCW 38.08.010
Conformance with federal laws.
The governor shall cause the organized militia of this state at all times to conform to all federal laws and regulations as are now or may hereafter from time to time become operative and applicable, notwithstanding anything in the laws of this state to the contrary. Except as and when otherwise specifically provided by federal laws, the organized militia of Washington, or any part thereof, shall be subject to call for United States service at such times, in such manner, and in such numbers as may from time to time be prescribed by the United States.
In conformity with the provisions of federal statutes, officers and enlisted persons of the organized militia called or drafted into federal service by order or proclamation of the president of the United States, shall upon release from federal service revert to their former status, grade and rank, as members of the organized militia of Washington, and shall continue to serve in the organized militia of Washington until separated therefrom in the manner provided by law.
[ 1989 c 19 § 5; 1943 c 130 § 5; Rem. Supp. 1943 § 8603-5. Prior: 1921 c 75 § 1; 1917 c 107 § 4; 1909 c 134 § 93; 1895 c 108 § 170.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.08 - Powers and Duties of Governor. › 38.08.020 - Governor as commander-in-chief—Adjutant general executive head.

RCW 38.08.020
Governor as commander-in-chief—Adjutant general executive head.
The militia of the state not in the service of the United States shall be governed and its affairs administered pursuant to law, by the governor, as commander-in-chief, through the adjutant general's department, of which the adjutant general shall be the executive head.
[ 1961 c 210 § 1; 1943 c 130 § 3; Rem. Supp. 1943 § 8603-3. Prior: 1917 c 107 § 2; 1909 c 134 §§ 13, 14; 1895 c 108 § 13.]
NOTES:
Governor commander-in-chief: State Constitution Art. 3 § 8.
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.08 - Powers and Duties of Governor. › 38.08.030 - Proclamation of complete or limited martial law.

RCW 38.08.030
Proclamation of complete or limited martial law.
The governor may by proclamation declare the county or city in which troops are serving, or any specific portion thereof, to be under either complete or limited martial law to the extent, in his or her opinion, that the reestablishment or maintenance of law and order may be promoted.
"Complete martial law" is the subordination of all civil authority to the military;
"Limited military law" is a partial subordination of civil authority by the setting up of an additional police power vested in the military force which shall have the right to try all persons apprehended by it in such area by a military tribunal or turn such offender over to civil authorities within five days for further action, during which time the writ of habeas corpus shall be suspended in behalf of such person.
[ 1989 c 19 § 6; 1943 c 130 § 8; Rem. Supp. 1943 § 8603-8.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.08 - Powers and Duties of Governor. › 38.08.040 - Governor may order out organized militia.

RCW 38.08.040
Governor may order out organized militia.
In event of war, insurrection, rebellion, invasion, tumult, riot, mob, or organized body acting together by force with intent to commit a felony or to offer violence to persons or property, or by force and violence to break and resist the laws of this state, or the United States, or in case of the imminent danger of the occurrence of any of said events, or at the lawful request of competent state or local authority in support of enforcement of controlled substance statutes, or whenever responsible civil authorities shall, for any reason, fail to preserve law and order, or protect life or property, or the governor believes that such failure is imminent, or in event of public disaster, or when otherwise required for the public health, safety, or welfare, or to perform any military duty authorized by state law, or to prepare for or recover from any of these events or the consequences thereof, the governor shall have power to order the organized militia of Washington, or any part thereof, into active service of the state to execute the laws, and to perform such duty as the governor shall deem proper.
[ 2005 c 9 § 1; 1993 c 263 § 1; 1989 c 19 § 7; 1943 c 130 § 6; Rem. Supp. 1943 § 8603-6. Prior: 1917 c 107 § 7; 1913 c 66 § 2; 1909 c 134 § 15.]
NOTES:
Effective date—2005 c 9: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [March 28, 2005]." [ 2005 c 9 § 3.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.08 - Powers and Duties of Governor. › 38.08.050 - Governor may order out unorganized militia.

RCW 38.08.050
Governor may order out unorganized militia.
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.
[ 1989 c 19 § 8; 1943 c 130 § 9; Rem. Supp. 1943 § 8603-9. Prior: 1917 c 107 § 9; 1909 c 134 § 17; 1903 c 155 § 15; 1895 c 108 § 112.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.08 - Powers and Duties of Governor. › 38.08.060 - Governor's decision final.

RCW 38.08.060
Governor's decision final.
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.
[ 1943 c 130 § 7; Rem. Supp. 1943 § 8603-7.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.08 - Powers and Duties of Governor. › 38.08.070 - Personal staff for governor.

RCW 38.08.070
Personal staff for governor.
Whenever the governor shall desire the attendance of a personal staff upon any occasion, he or she shall detail therefor officers from the active list of the organized militia of Washington; the officers detailed shall attend in uniform and shall constitute the personal staff of the governor for that occasion, reverting upon completion of such duty to their regular assignments.
[ 1989 c 19 § 9; 1943 c 130 § 15; Rem. Supp. 1943 § 8603-15. Prior: 1917 c 107 § 6; 1909 c 134 § 14. Cf. 1895 c 108 § 13, part.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.08 - Powers and Duties of Governor. › 38.08.090 - Governor to promulgate rules.

RCW 38.08.090
Governor to promulgate rules.
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.
[ 1989 c 19 § 10; 1969 ex.s. c 86 § 1; 1943 c 130 § 92; Rem. Supp. 1943 § 8603-92. Prior: 1917 c 107 § 123; 1909 c 134 § 94; 1895 c 108 § 171.]
NOTES:
Commander-in-chief authorized to make rules for specific armories (special or temporary acts not codified in this title):
(1) 1907 c 55 § 11, Armories at Seattle, Spokane and Tacoma;
(2) 1909 c 68 § 10, Armory at Bellingham;
(3) 1913 c 67 § 9, Armory at North Yakima;
(4) 1917 c 108 § 9, Armory at Walla Walla;
(5) 1917 c 109 § 9, Armory at Aberdeen;
(6) 1917 c 166 § 9, Armory at Everett.
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.08 - Powers and Duties of Governor. › 38.08.100 - Compacts with other states for guarding boundaries.

RCW 38.08.100
Compacts with other states for guarding boundaries.
The governor, with consent of congress, is authorized to enter into compacts and agreements with governors of bordering states concerning guarding and patrol of bridges crossing the common boundaries of said states, and for the patrol of said common boundaries. In any such compact or agreement the governor is authorized to permit militia of any bordering state to enter into areas of this state adjacent to said border, or to send militia of this state into areas of any bordering state adjacent to the common boundary as may be necessary to provide effective protection.
[ 1951 c 253 § 1.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.12 - Militia Officers and Advisory Council. › 38.12.010 - Adjutant general—Bond.

RCW 38.12.010
Adjutant general—Bond.
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.
[ 1989 c 19 § 11; 1981 c 338 § 3; 1957 c 250 § 2. Prior: 1943 c 130 § 16, part; 1917 c 107 § 11, part; 1913 c 66 § 4, part; 1909 c 134 § 27, part; 1901 c 78 § 4, part; 1895 c 108 § 38, part; Rem. Supp. 1943 § 8603-16, part.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.12 - Militia Officers and Advisory Council. › 38.12.015 - Department organized into separate divisions—Army national guard—Air national guard—Assistant adjutants general.

RCW 38.12.015
Department organized into separate divisions—Army national guard—Air national guard—Assistant adjutants general.
The adjutant general's department shall be organized into separate divisions for the Washington army national guard and the Washington air national guard. Each division may have a general officer at its head who will be referred to as the assistant adjutant general for the Washington army national guard and the assistant adjutant general for the Washington air national guard.
[ 1961 c 210 § 2.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.12 - Militia Officers and Advisory Council. › 38.12.020 - Powers and duties.

RCW 38.12.020
Powers and duties.
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.
[ 2009 c 21 § 1; 1989 c 19 § 12; 1977 c 75 § 32; 1957 c 250 § 3. Prior: 1943 c 130 § 16, part; 1917 c 107 § 11, part; 1913 c 66 § 4, part; 1909 c 134 § 27, part; 1901 c 78 § 4, part; 1895 c 108 § 38, part; Rem. Supp. 1943 § 8603-16, part.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.12 - Militia Officers and Advisory Council. › 38.12.060 - Officers to be commissioned by the governor.

RCW 38.12.060
Officers to be commissioned by the governor.
All commissioned and warrant officers of the organized militia of Washington shall be appointed and commissioned or warranted by the governor only as hereinafter provided. No person shall be so appointed and commissioned or warranted unless he or she shall be a citizen of the United States and of this state and more than eighteen years of age. Every commissioned and warranted officer shall hold office under his or her commission or warrant until he or she shall have been regularly appointed and commissioned or warranted to another rank or office, or until he or she shall have been regularly retired, discharged, dismissed or placed in the reserve.
[ 1989 c 19 § 14; 1971 ex.s. c 292 § 41; 1943 c 130 § 19; Rem. Supp. 1943 § 8603-19. Prior: 1917 c 107 § 12, part; 1909 c 134 § 31, part; 1895 c 108 § 42, part.]
NOTES:
Severability—1971 ex.s. c 292: See note following RCW 26.28.010.
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.12 - Militia Officers and Advisory Council. › 38.12.070 - Examining board.

RCW 38.12.070
Examining board.
No person shall be appointed and commissioned or warranted to any office in the organized militia of Washington unless he or she shall have been examined and adjudged qualified therefor by an examining board, appointed by the adjutant general, and whose report shall have been approved by the authority appointing the board. The composition, appointment and procedure of examining boards and the nature and scope of examinations shall be as prescribed by the laws or regulations of the United States or those of this state. Whenever a commissioned officer shall have been examined for promotion pursuant to this section and shall have been adjudged not qualified therefor, upon approval by the authority appointing the board of its report to that effect such officer may be honorably discharged, retired or placed in the reserve as the governor shall direct.
[ 1989 c 19 § 15; 1943 c 130 § 20; Rem. Supp. 1943 § 8603-20. Prior: 1917 c 107 § 13; 1909 c 134 § 32; 1895 c 108 § 53.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.12 - Militia Officers and Advisory Council. › 38.12.095 - Appointment or promotion of commissioned officers to be made by officer promotion board—Exceptions.

RCW 38.12.095
Appointment or promotion of commissioned officers to be made by officer promotion board—Exceptions.
Whenever a commissioned officer is to be appointed or promoted either to fill a vacancy in the organized militia (Washington army national guard, Washington air national guard and the Washington state guard) or for any other reason, the officer to be appointed or promoted shall be selected by the officer promotion board. This selection in no way will change the powers of the governor under RCW 38.12.060. This section in no way applies to appointments or promotions to adjutant general or assistant adjutant general, to the appointment of officers to the rank of captain, lieutenant, or warrant officer, or to the promotion of second lieutenants, first lieutenants, or warrant officers.
[ 1989 c 19 § 16; 1974 ex.s. c 34 § 1.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.12 - Militia Officers and Advisory Council. › 38.12.105 - Criteria and guidelines for promotion of commissioned officers.

RCW 38.12.105
Criteria and guidelines for promotion of commissioned officers.
All promotions of commissioned officers in the organized militia will be made on a best-qualified basis. The officer promotion board will select the best-qualified officer for each promotion from among those officers fully qualified for promotion. To be promoted, the selected officer must also meet the requirements of RCW 38.12.070. In no event will seniority be the sole guideline for selecting the officer to be promoted. The officer promotion board will, in determining the best qualified officer, consider the overall qualifications of an officer and not just the qualifications for one position.
[ 1974 ex.s. c 34 § 2.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.12 - Militia Officers and Advisory Council. › 38.12.115 - Officer promotion board—Meetings—Powers and duties.

RCW 38.12.115
Officer promotion board—Meetings—Powers and duties.
The officer promotion board will meet from time to time as directed by the adjutant general. The board will select the best qualified officer for each promotion to be made in the organized militia, and will do any other act pertaining thereto directed by the adjutant general or allowed or directed by statute.
[ 1989 c 19 § 17; 1974 ex.s. c 34 § 3.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.12 - Militia Officers and Advisory Council. › 38.12.125 - Officer promotion board—Composition.

RCW 38.12.125
Officer promotion board—Composition.
The officer promotion board shall be composed as follows:
(1) For promotions of army national guard officers, the adjutant general must appoint a board that includes at least five voting members who are officers in the army national guard senior in grade to those officers being considered by the board for promotion.
(a) Any officer appointed to the board who is not senior in grade to officers being considered for promotion must be recused from participating in the consideration for promotion of those officers to whom he or she is not senior.
(b) For consideration of an officer for promotion to the grade of O5 and above, the board must include at least one general officer appointed by the adjutant general as a voting member.
(2) For promotions of air national guard officers, the adjutant general must appoint a board that includes at least five voting members who are officers in the air national guard senior in grade to those officers being considered by the board for promotion.
(a) Any officer appointed to the board who is not senior in grade to officers being considered for promotion must be recused from participating in the consideration for promotion of those officers to whom he or she is not senior.
(b) For consideration of an officer for promotion to the grade of O5 and above, the board must include at least one general officer appointed by the adjutant general as a voting member.
(3) For promotions of state guard officers, the adjutant general must appoint a board that includes at least five voting members who are officers in the state guard senior in grade to those officers being considered by the board for promotion.
(a) Any officer appointed to the board who is not senior in grade to officers being considered for promotion must be recused from participating in the consideration for promotion of those officers to whom he or she is not senior.
(b) For consideration of an officer for promotion to the grade of O5 and above, the board must include at least one general officer appointed by the adjutant general as a voting member.
[ 2014 c 178 § 1; 1989 c 19 § 18; 1974 ex.s. c 34 § 4.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.12 - Militia Officers and Advisory Council. › 38.12.135 - Officer promotion board—Official acts—Approval requirements—Rules.

RCW 38.12.135
Officer promotion board—Official acts—Approval requirements—Rules.
To be an official act of the officer promotion board, an act of that board must be approved by not less than four of the members of the board: PROVIDED, HOWEVER, That if the board consists of less than four officers, the approval of the board shall be unanimous.
An action of an officer promotion board may be an official act of the board without a meeting if all members of the board approve in writing the act in question.
The adjutant general will from time to time fix the rules under which the board will operate.
[ 1974 ex.s. c 34 § 5.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.12 - Militia Officers and Advisory Council. › 38.12.150 - Officer to take oath.

RCW 38.12.150
Officer to take oath.
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.
[ 1989 c 19 § 19; 1943 c 130 § 29; Rem. Supp. 1943 § 8603-29. Prior: 1917 c 107 § 26; 1909 c 134 § 36, part; 1895 c 108 § 51.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.12 - Militia Officers and Advisory Council. › 38.12.160 - Oath, form of.

RCW 38.12.160
Oath, form of.
The oath of office for commissioned and warrant officers in the organized militia of Washington shall be substantially as follows: "I, . . . . . ., do solemnly swear that I will support and defend the Constitution of the United States and the Constitution of the state of Washington, against all enemies, foreign or domestic; that I will bear true faith and allegiance to the same; that I will obey the orders of the president of the United States and of the governor of the state of Washington, that I make this obligation freely, without any mental reservation or purpose of evasion, and that I will well and faithfully discharge the duties of the office of . . . . . . in the organized militia of the state of Washington upon which I am about to enter, so help me God."
[ 1943 c 130 § 30; Rem. Supp. 1943 § 8603-30. Prior: 1917 c 107 § 27; 1909 c 134 § 37.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.12 - Militia Officers and Advisory Council. › 38.12.170 - Termination of officers' membership—Review of retention potential.

RCW 38.12.170
Termination of officers' membership—Review of retention potential.
The governor may terminate the membership of any commissioned or warrant officer of the organized militia of Washington for any of the following reasons:
(1) Conviction of an infamous crime;
(2) Absence from his or her command for more than thirty days without proper leave;
(3) Sentence of dismissal by court martial, duly approved;
(4) Upon muster out of the organization to which the officer is then assigned;
(5) Acceptance of the resignation of the officer, but no officer may be discharged or his or her resignation accepted while under arrest or against whom military charges have been preferred, or until he or she has turned over to his or her successor or satisfactorily accounted for all state and federal moneys and military property for which he or she is accountable or responsible;
(6) Removal of his or her actual residence to such distance from the station of his or her command as to render it impracticable for him or her to perform the duties of his or her office;
(7) Incompetence or unfitness for military service as determined by the duly approved findings of a board of officers appointed for that purpose by the adjutant general.
The adjutant general shall annually appoint and convene qualitative retention boards to review the military personnel records of officers who have completed three or more years service in the Washington state guard to determine their retention potential and acceptability for continuation in an active status. In the conduct of the reviews, the regulation issued by the adjutant general to implement this provision shall conform to the extent practicable to that governing the army national guard.
[ 1989 c 19 § 20; 1984 c 198 § 1; 1943 c 130 § 31; 1925 ex.s. c 72 § 1; Rem. Supp. 1943 § 8603-31. Prior: 1917 c 107 § 28; 1909 c 134 § 39; 1895 c 108 § 63.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.12 - Militia Officers and Advisory Council. › 38.12.180 - Retirement of officers.

RCW 38.12.180
Retirement of officers.
Commissioned officers of the organized militia of Washington shall be retired by order of the commander-in-chief with the rank respectively held by them at the time of such retirement for the following reasons:
(1) Unfitness for military service by reason of permanent physical disability.
(2) Upon request after at least five years continuous service as an officer in the organized militia of Washington.
Except as provided otherwise in RCW 38.16.015(2), commissioned officers of the state guard shall upon reaching the age of sixty-four years be retired.
Retired officers shall draw no pay or allowance from the state unless recalled to service.
Retired officers are subject, with their consent, to temporary detail on active state service by the commander-in-chief, and while on such duty shall receive the same pay and allowances as officers of like rank on the active list.
[ 2012 c 12 § 2; 1989 c 19 § 21; 1984 c 198 § 2; 1943 c 130 § 33; Rem. Supp. 1943 § 8603-33. Prior: 1909 c 134 § 40; 1895 c 108 § 66.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.12 - Militia Officers and Advisory Council. › 38.12.200 - Uniform allowance to officers.

RCW 38.12.200
Uniform allowance to officers.
Every commissioned officer of the organized militia of Washington shall, within sixty days from the date of the order whereby he or she shall have been appointed, provide at the officer's own expense the uniform and equipment prescribed by the governor for his or her rank and assignment.
There shall be audited and may be paid, at the option of the adjutant general, to each properly uniformed and equipped officer of the active list of the organized militia of Washington, not in federal service an initial uniform allowance of one hundred dollars and annually thereafter for each twelve months state service an additional uniform allowance of fifty dollars, subject to such regulations as the commander-in-chief may prescribe to be audited and paid upon presentation of proper voucher.
[ 1991 c 43 § 2; 1989 c 19 § 22; 1982 c 93 § 1; 1943 c 130 § 37; Rem. Supp. 1943 § 8603-37. Prior: 1923 c 49 § 1; 1917 c 107 § 32; 1909 c 134 § 49; 1903 c 155 § 11; 1901 c 78 § 8; 1895 c 108 § 76.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.14 - Washington State Guard. › 38.14.006 - Availability and composition of state guard.

RCW 38.14.006
Availability and composition of state guard.
The Washington state guard will be available to serve, at the call of the governor in the place of the national guard of the state of Washington under the provisions of this title when the national guard is in the service of the United States, or when otherwise ordered to active state service by the governor. The Washington state guard shall consist of commissioned and warrant officers and enlisted persons commissioned, warranted, or enlisted under the provisions of this title. Persons enlisted under RCW 38.16.015 shall be enrolled in accordance with regulations promulgated by the adjutant general.
[ 1989 c 19 § 23.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.14 - Washington State Guard. › 38.14.012 - Federal military service.

RCW 38.14.012
Federal military service.
No member of the Washington state guard shall by reason of such membership be exempt from federal military service under the laws of the United States.
[ 1989 c 19 § 24.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.14 - Washington State Guard. › 38.14.018 - Pay of state guard members.

RCW 38.14.018
Pay of state guard members.
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.
[ 1989 c 19 § 25.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.14 - Washington State Guard. › 38.14.024 - Equipment and supplies.

RCW 38.14.024
Equipment and supplies.
The governor may obtain from the federal government such arms and other equipment and supplies as may be available for issue, donation or loan for the use of the Washington state guard. When such property is provided by the federal government, it will be utilized, maintained, and disposed of in accordance with federal requirements and with property rules and regulations promulgated under the provisions of RCW 38.08.090.
[ 1989 c 19 § 26.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.14 - Washington State Guard. › 38.14.030 - Training.

RCW 38.14.030
Training.
Members of the Washington state guard may participate in such training opportunities as may be available from the federal government and as approved by the adjutant general. Where required as a condition of such participation, the military department may reimburse the federal government for the costs of such training.
[ 1989 c 19 § 27.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.14 - Washington State Guard. › 38.14.036 - Qualifications for appointment of officers.

RCW 38.14.036
Qualifications for appointment of officers.
The adjutant general shall establish by regulation qualifications for appointment of commissioned and warrant officers in the Washington state guard.
[ 1989 c 19 § 28.]