reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.38 - Washington Code of Military Justice. › 38.38.840 - Courts of inquiry.

RCW 38.38.840
[Art. 135] Courts of inquiry.
(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.
[ 2009 c 378 § 28; 1989 c 48 § 72; 1963 c 220 § 120.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.38 - Washington Code of Military Justice. › 38.38.844 - Authority to administer oaths.

RCW 38.38.844
[Art. 136] Authority to administer oaths.
(1) The following members of the organized militia may administer oaths for the purposes of military administration, including military justice, and affidavits may be taken for those purposes before persons having the general powers of a notary public:
(a) The state judge advocate and all assistant state judge advocates;
(b) All law specialists or paralegals;
(c) All summary courts-martial;
(d) All adjutants, assistant adjutants, acting adjutants, and personnel adjutants;
(e) The military judge, president, trial counsel, and assistant trial counsel for all general and special courts-martial;
(f) The president and the counsel for the court of any court of inquiry;
(g) All officers designated to take a deposition;
(h) All commanding officers of units of the organized militia;
(i) All officers of the organized militia designated as recruiting officers;
(j) All persons detailed to conduct an investigation; and
(k) All other persons designated by regulations of the adjutant general.
(2) The signature without seal of any such person, together with the title of the person's office, is prima facie evidence of the person's authority.
[ 2009 c 378 § 29; 1989 c 48 § 73; 1963 c 220 § 121.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.38 - Washington Code of Military Justice. › 38.38.848 - Sections to be explained.

RCW 38.38.848
[Art. 137] Sections to be explained.
(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.
[ 2009 c 378 § 30; 1989 c 48 § 74; 1963 c 220 § 122.]
NOTES:
*Reviser's note: RCW 38.38.792 was recodified as RCW 38.38.783 by the code reviser September 2009.
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.38 - Washington Code of Military Justice. › 38.38.852 - Complaints of wrongs.

RCW 38.38.852
[Art. 138] Complaints of wrongs.
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.
[ 1989 c 48 § 75; 1963 c 220 § 123.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.38 - Washington Code of Military Justice. › 38.38.856 - Redress of injuries to property.

RCW 38.38.856
[Art. 139] Redress of injuries to property.
(1) Whenever complaint is made to any commanding officer that wilful damage has been done to the property of any person or that the person's property has been wrongfully taken by members of the organized militia, the commanding officer may, subject to such regulations as the governor may prescribe, convene a board to investigate the complaint. The board shall consist of from one to three commissioned officers and, for the purpose of that investigation, it has power to summon witnesses and examine them upon oath or affirmation, to receive depositions or other documentary evidence, and to assess the damages sustained against the responsible parties. The assessment of damages made by the board is subject to the approval of the commanding officer, and in the amount approved by the commanding officer shall be charged against the pay of the offenders. The order of the commanding officer directing charges herein authorized is conclusive, except as provided in subsection (3) of this section, on any disbursing officer for the payment by the disbursing officer to the injured parties of the damages so assessed and approved.
(2) If the offenders cannot be ascertained, but the organization or detachment to which they belong is known, charges totaling the amount of damages assessed and approved may be paid to the injured parties from the military funds of the units of the organized militia to which the offenders belonged.
(3) Any person subject to this code who is accused of causing wilful damage to property has the right to be represented by counsel, to summon witnesses in the person's behalf, and to cross-examine those appearing against him or her. The person has the right of appeal to the next higher commander.
[ 1989 c 48 § 76; 1963 c 220 § 124.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.38 - Washington Code of Military Justice. › 38.38.860 - Execution of process and sentence.

RCW 38.38.860
[Art. 140] Execution of process and sentence.
In the organized militia not in federal service, the processes and sentences of its courts-martial shall be executed by the civil officers prescribed by the laws of the state.
[ 1989 c 48 § 77; 1963 c 220 § 125.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.38 - Washington Code of Military Justice. › 38.38.864 - Process of military courts.

RCW 38.38.864
[Art. 141] Process of military courts.
(1) Military courts may issue any process or mandate necessary to carry into effect their powers. Such a court may issue subpoenae and subpoenae duces tecum and enforce by attachment attendance of witnesses and production of books and records, when it is sitting within the state and the witnesses, books and records sought are also so located.
(2) Process and mandates may be issued by summary courts-martial, or the military judge of other military courts and may be directed to and may be executed by the marshals of the military court or any peace officer and shall be in such form as may be prescribed by regulations issued under this code.
(3) All officers to whom process or mandates may be so directed shall execute them and make return of their acts thereunder according to the requirements of those documents. Except as otherwise specifically provided in this code, no such officer may demand or require payment of any fee or charge for receiving, executing, or returning such a process or mandate or for any service in connection therewith.
[ 1989 c 48 § 78; 1963 c 220 § 126.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.38 - Washington Code of Military Justice. › 38.38.868 - Payment of fines and disposition thereof.

RCW 38.38.868
[Art. 142] Payment of fines and disposition thereof.
Fines imposed by a military court may be paid to it or to an officer executing its process. The amount of such a fine may be noted upon any state roll or account for pay of the delinquent and deducted from any pay or allowance due or thereafter to become due the person, until the fine is liquidated. Any sum so deducted shall be turned in to the military court which imposed the fine. Notwithstanding any other law, the officer collecting a fine or penalty imposed by a military court upon an officer or enlisted person shall pay it within thirty days to the state treasurer. Such a fine becomes a part of, is credited to, and may be spent from, the military fund of the organization or detachment to which the officer or enlisted person who paid the fine belonged. The treasurer of the state shall then report the amount thereof designating the organization or detachment to which it belongs, to the adjutant general of the state, and shall pay it over to the organization or detachment on request of its commanding officer.
[ 1989 c 48 § 79; 1963 c 220 § 127.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.38 - Washington Code of Military Justice. › 38.38.872 - Immunity for action of military courts.

RCW 38.38.872
[Art. 143] Immunity for action of military courts.
No accused may bring an action or proceeding against the convening authority or a member of a military court or officer or person acting under its authority or reviewing its proceedings because of the approval, imposition, or execution of any sentence or the imposition or collection of a fine or penalty, or the execution of any process or mandate of a military court.
[ 1963 c 220 § 128.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.38 - Washington Code of Military Justice. › 38.38.876 - Presumption of jurisdiction.

RCW 38.38.876
[Art. 144] Presumption of jurisdiction.
The jurisdiction of the military courts and boards established by this code shall be presumed and the burden of proof rests on any person seeking to oust those courts or boards of jurisdiction in any action or proceeding.
[ 1963 c 220 § 129.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.38 - Washington Code of Military Justice. › 38.38.880 - Delegation of authority by the governor.

RCW 38.38.880
[Art. 145] Delegation of authority by the governor.
The governor may delegate any authority vested in him or her under this code, and may provide for the subdelegation of any such authority, except the power given him or her by RCW 38.38.192 and 38.38.240.
[ 2011 c 336 § 788; 1963 c 220 § 130.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.38 - Washington Code of Military Justice. › 38.38.884 - Uniformity of interpretation.

RCW 38.38.884
[Art. 146] Uniformity of interpretation.
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.
[ 1963 c 220 § 131.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.40 - Miscellaneous Provisions. › 38.40.010 - Liability of officers and enlisted persons on duty.

RCW 38.40.010
Liability of officers and enlisted persons on duty.
Members of the militia ordered into active service of the state by any proper authority shall not be liable civilly or criminally for any act or acts done by them while on such duty nor shall any action lie against any officer or enlisted person for any acts done by the officer or enlisted person in line of duty by virtue of any order which may thereafter be held invalid by any civil court. When a suit or proceeding shall be commenced in any court by any person against any officer or enlisted person of the militia for any act done by such officer or enlisted person in his or her official capacity or in the discharge of any duty, or against any person acting under the authority or order of such officer or by virtue of any warrant issued pursuant to law, the defendant may require the person prosecuting or instituting the proceeding to give security for the payment of all costs that may be awarded to the defendant, and the defendant in all cases may make a general denial and, under such general denial, give all other or any special defense matter in evidence. In case the plaintiff shall be nonsuited or the verdict or judgment be in favor of the defendant, treble costs shall be assessed against the plaintiff. The defendant in such action shall be defended by the attorney general at the expense of the state, but private counsel may also be employed by the defendant. The venue of all such actions shall be Thurston county and the state of Washington shall be in all cases a necessary party defendant.
[ 1989 c 19 § 45; 1943 c 130 § 13; Rem. Supp. 1943 § 8603-13. Cf. 1909 c 134 § 25, part; 1895 c 108 § 173, part.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.40 - Miscellaneous Provisions. › 38.40.020 - Not liable for exercise of judgment.

RCW 38.40.020
Not liable for exercise of judgment.
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.
[ 1989 c 19 § 46; 1943 c 130 § 14; Rem. Supp. 1943 § 8603-14. Cf. 1909 c 134 § 25, part; 1895 c 108 § 173, part.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.40 - Miscellaneous Provisions. › 38.40.025 - Liability of state for federal activities.

RCW 38.40.025
Liability of state for federal activities.
Neither the state of Washington, its officers, employees, or agents, nor any member of the militia may be held liable in any civil action for damages arising out of any of the activities of the military forces of the state of Washington while engaged in activities during which the officers, employees, agents, or members are considered employees of the federal government under the federal tort claims act, *26 U.S.C. Sec. 2671 et seq.
[ 1987 c 26 § 2.]
NOTES:
*Reviser's note: The reference to 26 U.S.C. appears to be incorrect. Reference to 28 U.S.C. was apparently intended.
Legislative declaration—1987 c 26: "The legislature recognizes that Congress has established comprehensive administrative programs to compensate members of the military forces for injuries they may incur while performing training for national defense." [ 1987 c 26 § 1.]
Severability—1987 c 26: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1987 c 26 § 3.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.40 - Miscellaneous Provisions. › 38.40.030 - Compensation for death or disability.

RCW 38.40.030
Compensation for death or disability.
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.
[ 2019 c 147 § 1; 1989 c 19 § 47; 1987 c 185 § 5; 1984 c 198 § 5; 1943 c 130 § 40; Rem. Supp. 1943 § 8603-40. Prior: 1923 c 49 § 3; 1917 c 107 § 38; 1909 c 134 § 60; 1895 c 108 § 92.]
NOTES:
Intent—Severability—1987 c 185: See notes following RCW 51.12.130.
Workers' compensation: Title 51 RCW.
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.40 - Miscellaneous Provisions. › 38.40.040 - Interference with employment—Penalty.

RCW 38.40.040
Interference with employment—Penalty.
A person, who either alone, or with another, wilfully deprives a member of the organized militia of Washington of his or her employment or prevents such member being employed, or obstructs or annoys said member or his or her employer in their trade, business or employment, because he or she is such member, or dissuades any person from enlisting in said organized militia by threat or injury to him or her in their employment, trade or business, in case he or she shall so enlist, shall be guilty of a gross misdemeanor and on conviction thereof shall be fined in a sum not exceeding five hundred dollars, or imprisonment in the county jail not more than six months, or by both such fine and imprisonment.
[ 1989 c 19 § 48; 1943 c 130 § 46; Rem. Supp. 1943 § 8603-46. Prior: 1917 c 107 § 41; 1909 c 134 § 67; 1895 c 108 § 104, part.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.40 - Miscellaneous Provisions. › 38.40.050 - Discharge from employment—Penalty.

RCW 38.40.050
Discharge from employment—Penalty.
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.
[ 1989 c 19 § 49; 1943 c 130 § 48; Rem. Supp. 1943 § 8603-48. Prior: 1917 c 107 § 43; 1909 c 134 § 69; 1895 c 108 § 104, part.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.40 - Miscellaneous Provisions. › 38.40.060 - Military leave for public employees.

RCW 38.40.060
Military leave for public employees.
(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.
[ 2018 c 99 § 1; 2010 c 91 § 1; 2008 c 71 § 5; 2001 c 71 § 1; 1991 c 25 § 1; 1989 c 19 § 50; 1957 c 236 § 1; 1939 c 113 § 1.]
NOTES:
Effective date—2001 c 71: "This act takes effect October 1, 2001." [ 2001 c 71 § 2.]
Application—1991 c 25: "This act applies to all public employees and officers who reported for active duty or active training duty, under RCW 38.40.060, on or after August 2, 1990." [ 1991 c 25 § 2.]
Military family leave act: Chapter 49.77 RCW.
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.40 - Miscellaneous Provisions. › 38.40.100 - Notice for duty.

RCW 38.40.100
Notice for duty.
Orders for duty may be oral or written. Officers and enlisted persons may be warned for duty as follows: Either by stating the substance of the order, or by reading the order to the person warned, or by delivering a copy of such order to such person, or by leaving a copy of such order at his or her last known place of abode or business, with some person of suitable age and discretion, or by sending a copy of such order or notice containing the substance thereof, to such person by mail, directed to his or her last known place of abode or business. Orders may be transmitted by telegraph or telephone. Such warning may be given by any officer or authorized enlisted person. The officer or enlisted person giving such warning shall, when required, make a return thereof, containing the names of persons warned and the time, place and manner of warning. Such returns shall be verified on oath and shall be prima facie evidence, on the trial of any person returned as a delinquent, of the facts therein stated.
[ 1989 c 19 § 51; 1943 c 130 § 53; Rem. Supp. 1943 § 8603-53. Prior: 1909 c 134 § 65; 1895 c 108 § 102.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.40 - Miscellaneous Provisions. › 38.40.110 - Employment or membership in other organizations—Discrimination prohibited—Penalty—Civil cause of action.

RCW 38.40.110
Employment or membership in other organizations—Discrimination prohibited—Penalty—Civil cause of action.
No club, society, association, corporation, employer, or organization shall by any constitution, rule, bylaws, resolution, vote or regulation, or otherwise, discriminate against or refuse to hire, employ, or reemploy any member of the organized militia of Washington because of his or her membership in said organized militia. Any person or persons, club, society, association, employer, corporation, or organization, violating or aiding, abetting, or assisting in the violation of any provision of this section shall be guilty of a misdemeanor and on conviction thereof shall be fined in any sum not exceeding one hundred dollars and in addition thereto shall forfeit the right to do business for a period of thirty days. Any person who has been discriminated against in violation of this section shall have a civil cause of action for damages.
[ 1991 c 43 § 9; 1989 c 19 § 52; 1943 c 130 § 47; Rem. Supp. 1943 § 8603-47. Prior: 1917 c 107 § 42; 1909 c 134 § 68.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.40 - Miscellaneous Provisions. › 38.40.120 - Authorized military organizations.

RCW 38.40.120
Authorized military organizations.
No organized body other than the recognized militia organizations of this state, armed forces of the United States, students of educational institutions where military science is a prescribed part of the course of instruction or bona fide veterans organizations shall associate themselves together as a military company or organize or parade in public with firearms: PROVIDED, That nothing herein shall be construed to prevent authorized parades by the organized militia of another state or armed forces of foreign countries. Any person participating in any such unauthorized organization shall be guilty of a misdemeanor.
[ 1989 c 19 § 53; 1943 c 130 § 54; Rem. Supp. 1943 § 8603-54. Prior: 1909 c 249 § 294; 1903 c 135 § 1.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.40 - Miscellaneous Provisions. › 38.40.130 - Corporations may be formed.

RCW 38.40.130
Corporations may be formed.
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.
[ 1989 c 19 § 54; 1943 c 130 § 49; Rem. Supp. 1943 § 8603-49. Prior: 1923 c 49 § 4; 1917 c 107 § 44; 1915 c 19 § 1; 1909 c 134 § 71; 1895 c 108 §§ 123, 124.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.40 - Miscellaneous Provisions. › 38.40.150 - Property to remain public property.

RCW 38.40.150
Property to remain public property.
All property issued to organizations and members of the organized militia of Washington shall be and remain public property.
[ 1943 c 130 § 38; Rem. Supp. 1943 § 8603-38. Prior: 1917 c 107 § 33; 1909 c 134 § 51; 1895 c 108 § 78.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.40 - Miscellaneous Provisions. › 38.40.200 - Military department capital account.

RCW 38.40.200
Military department capital account.
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.
[ 2005 c 252 § 1.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.40 - Miscellaneous Provisions. › 38.40.210 - Military department rental and lease account.

RCW 38.40.210
Military department rental and lease account.
The military department rental and lease account is created in the state treasury. All receipts from the rental or lease of state-owned military department property must be deposited into the account. Money in the account may be spent only after appropriation. Expenditures from the account may be used only for operating and maintenance costs of military property.
[ 2005 c 252 § 2.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.40 - Miscellaneous Provisions. › 38.40.220 - Military department active state service account.

RCW 38.40.220
Military department active state service account.
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.
[ 2008 c 44 § 1.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.40 - Miscellaneous Provisions. › 38.40.230 - Purple heart state—Signage—Account.

RCW 38.40.230
Purple heart state—Signage—Account.
(1) Any state agency operating pursuant to this title is authorized to erect signs recognizing that Washington state is a purple heart state as designated in RCW 1.20.190. State agencies are authorized to accept gifts or donations to assist efforts related to Washington state being a purple heart state.
(2) The military department purple heart state account is created in the custody of the state treasurer. All receipts from gifts and donations received pursuant to this section must be deposited into the account. Expenditures from the account may only be used to erect signs or other activities that assist efforts related to Washington state being a purple heart state, as authorized under this section. Only the director of the military department or the director's designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures.
[ 2021 c 213 § 3.]
NOTES:
Findings—2021 c 213: See note following RCW 1.20.190.
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.42 - Service Members' Civil Relief. › 38.42.010 - Definitions.

RCW 38.42.010
Definitions.
The definitions in this section apply throughout this chapter, unless the context clearly requires otherwise.
(1) "Attorney general" means the attorney general of the state of Washington or any person designated by the attorney general to carry out a responsibility of the attorney general under this chapter.
(2) "Business loan" means a loan or extension of credit granted to a business entity that: (a) Is owned and operated by a service member, in which the service member is either (i) a sole proprietor, or (ii) the owner of at least fifty percent of the entity; and (b) experiences a material reduction in revenue due to the service member's military service.
(3) "Dependent" means:
(a) The service member's spouse;
(b) The service member's minor child; or
(c) An individual for whom the service member provided more than one-half of the individual's support for one hundred eighty days immediately preceding an application for relief under this chapter.
(4) "Financial institution" means an institution as defined in RCW 30A.22.041.
(5) "Judgment" does not include temporary orders as issued by a judicial court or administrative tribunal in domestic relations cases under Title 26 RCW, including but not limited to establishment of a temporary child support obligation, creation of a temporary parenting plan, or entry of a temporary protective or restraining order.
(6) "Military service" means a service member:
(a) Under a call to active service authorized by the president of the United States or the secretary of defense for a period of more than thirty consecutive days; or
(b) Under a call to active service authorized by the governor under RCW 38.08.040 for a period of more than thirty consecutive days.
(7) "National guard" has the meaning in RCW 38.04.010.
(8) "Service member" means an active member of the United States armed forces, a member of a military reserve component, or a member of the national guard who is either stationed in or a resident of Washington state.
[ 2018 c 197 § 1; 2014 c 65 § 1; 2012 c 24 § 1; 2006 c 253 § 1; 2005 c 254 § 1.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.42 - Service Members' Civil Relief. › 38.42.020 - Applicability of chapter.

RCW 38.42.020
Applicability of chapter.
(1) Any service member who is ordered to report for military service and his or her dependents are entitled to the rights and protections of this chapter during the period beginning on the date on which the service member receives the order and ending one hundred eighty days after termination of or release from military service.
(2) This chapter applies to any judicial or administrative proceeding commenced in any court or agency in Washington state in which a service member or his or her dependent is a party. This chapter does not apply to criminal proceedings.
(3) This chapter shall be construed liberally so as to provide fairness and do substantial justice to service members and their dependents.
[ 2014 c 65 § 2; 2005 c 254 § 2.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.42 - Service Members' Civil Relief. › 38.42.030 - Protection of persons secondarily liable.

RCW 38.42.030
Protection of persons secondarily liable.
(1) Whenever pursuant to this chapter a court stays, postpones, or suspends (a) the enforcement of an obligation or liability, (b) the prosecution of a suit or proceeding, (c) the entry or enforcement of an order, writ, judgment, or decree, or (d) the performance of any other act, the court may likewise grant such a stay, postponement, or suspension to a surety, guarantor, endorser, accommodation maker, comaker, or other person who is or may be primarily or secondarily subject to the obligation or liability the performance or enforcement of which is stayed, postponed, or suspended.
(2) When a judgment or decree is vacated or set aside, in whole or in part, pursuant to this chapter, the court may also set aside or vacate, as the case may be, the judgment or decree as to a surety, guarantor, endorser, accommodation maker, comaker, or other person who is or may be primarily or secondarily liable on the contract or liability for the enforcement of the judgment decree.
[ 2005 c 254 § 3.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.42 - Service Members' Civil Relief. › 38.42.040 - Waiver of rights pursuant to written agreement.

RCW 38.42.040
Waiver of rights pursuant to written agreement.
(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.
[ 2005 c 254 § 4.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.42 - Service Members' Civil Relief. › 38.42.060 - Stay of proceedings when service member has notice.

RCW 38.42.060
Stay of proceedings when service member has notice.
(1) This section applies to any civil action or proceeding in which a defendant at the time of filing an application under this section:
(a)(i) Is in military service, or it is within one hundred eighty days after termination of or release from military service; or
(ii) Is a dependent of a service member in military service; and
(b) Has received actual notice of the action or proceeding.
(2) At any stage before final judgment in a civil action or proceeding in which a service member or his or her dependent described in subsection (1) of this section is a party, the court may on its own motion and shall, upon application by the service member or his or her dependent, stay the action until one hundred eighty days after termination of or release from military service, if the conditions in subsection (3) of this section are met.
(3) An application for a stay under subsection (2) of this section shall include the following:
(a) A letter or other communication setting forth facts stating the manner in which current military duty requirements materially affect the service member's or dependent's ability to appear and stating a date when the service member or dependent will be available to appear; and
(b) A letter or other communication from the service member's commanding officer stating that the service member's current military duty prevents either the service member's or dependent's appearance and that military leave is not authorized for the service member at the time of the letter.
(4) An application for a stay under this section does not constitute an appearance for jurisdictional purposes and does not constitute a waiver of any substantive or procedural defense, including a defense relating to lack of personal jurisdiction.
(5) A service member or dependent who is granted a stay of a civil action or proceeding under subsection (2) of this section may apply for an additional stay based on the continuing material affect of military duty on the service member's or dependent's ability to appear. Such application may be made by the service member or his or her dependent at the time of the initial application under subsection (2) of this section or when it appears that the service member or his or her dependent is unable to prosecute or defend the action. The same information required under subsection (3) of this subsection shall be included in an application under this subsection.
(6) If the court refuses to grant an additional stay of proceedings under subsection (2) of this section, the court shall appoint counsel to represent the service member or his or her dependent in the action or proceeding.
(7) A service member or dependent who applies for a stay under this section and is unsuccessful may not seek the protections afforded by RCW 38.42.050.
[ 2005 c 254 § 6.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.42 - Service Members' Civil Relief. › 38.42.070 - Fines and penalties under contracts.

RCW 38.42.070
Fines and penalties under contracts.
(1) If an action for compliance with the terms of a contract is stayed pursuant to this chapter, a penalty shall not accrue for failure to comply with the terms of the contract during the period of the stay.
(2) If a service member or his or her dependent fails to perform an obligation arising under a contract and a penalty is incurred arising from that nonperformance, a court may reduce or waive the fine or penalty if:
(a)(i) The service member was in military service at the time the fine or penalty was incurred; or
(ii) The action is against a dependent of the service member and the service member was in military service at the time the fine or penalty was incurred; and
(b) The ability of the service member or dependent to perform the obligation was materially affected by the military service.
[ 2005 c 254 § 7.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.42 - Service Members' Civil Relief. › 38.42.080 - Codefendants.

RCW 38.42.080
Codefendants.
If the service member or his or her dependent is a codefendant with others who are not in military service and who are not entitled to the relief and protections provided under this chapter, the plaintiff may proceed against those other defendants with the approval of the court.
[ 2005 c 254 § 8.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.42 - Service Members' Civil Relief. › 38.42.090 - Computation of statutes of limitation.

RCW 38.42.090
Computation of statutes of limitation.
(1) The period of a service member's military service may not be included in computing any period limited by law, rule, or order, for the bringing of any action or proceeding in a court, or in any board bureau, commission, department, or other agency of a state, or political subdivision of a state, or the United States by or against the service member or the service member's dependents, heirs, executors, administrators, or assigns.
(2) A period of military service may not be included in computing any period provided by law for the redemption of real property sold or forfeited to enforce an obligation, tax, or assessment.
(3) This section does not apply to any period of limitation prescribed by or under the internal revenue laws of the United States.
[ 2005 c 254 § 9.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.42 - Service Members' Civil Relief. › 38.42.100 - Inappropriate use of chapter.

RCW 38.42.100
Inappropriate use of chapter.
If a court determines, in any proceeding to enforce a civil right, that any interest, property, or contract has been transferred or acquired with the intent to delay the just enforcement of such right by taking advantage of this chapter, the court shall enter such judgment or make such order as might lawfully be entered or made concerning such transfer or acquisition.
[ 2005 c 254 § 10.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.42 - Service Members' Civil Relief. › 38.42.110 - Restructure of business loan interest rate.

RCW 38.42.110
Restructure of business loan interest rate.
(1) Upon the request of a service member with a qualifying business loan, the financial institution must restructure the interest rate of the loan to the equivalent provisions in the federal servicemembers civil relief act (50 U.S.C. App. 501 et seq.). The service member must notify the institution at least five days prior to the beginning of military service and submit official documentation that substantiates their eligibility for the protections of this chapter.
(2) This section applies only to loans with an outstanding balance of less than one hundred thousand dollars at the time the service member is called to military service.
(3) This section applies only to business loans executed on or after January 1, 2007.
[ 2006 c 253 § 2.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.42 - Service Members' Civil Relief. › 38.42.120 - Federal servicemembers civil relief act—Applicability.

RCW 38.42.120
Federal servicemembers civil relief act—Applicability.
(1) The federal servicemembers civil relief act of 2003, P.L. 108-189, as amended, is specifically declared to apply in proper cases in all the courts of this state.
(2) A violation of the federal servicemembers civil relief act of 2003 is a violation of this chapter.
[ 2014 c 65 § 3.]
2023 Revised Code of Washington › Title 38 - Militia and Military Affairs › Chapter 38.42 - Service Members' Civil Relief. › 38.42.130 - Civil action—Person aggrieved.

RCW 38.42.130
Civil action—Person aggrieved.
(1) Any person aggrieved by a violation of this chapter may in a civil action:
(a) Obtain any appropriate equitable or declaratory relief with respect to the violation; and
(b) Recover all other appropriate relief, including monetary damages.
(2) The court may award to a person aggrieved by a violation of this chapter who prevails in an action brought under this section the costs of the action, including reasonable attorneys' fees.
[ 2018 c 197 § 2; 2014 c 65 § 4.]