Oregon Revised Statutes
As used in this chapter and ORS chapter 399: “Active service” includes: Active service of the state. Service performed on full-time duty status under Title 10 of the United States Code. Service performed on full-time duty status under Title 32 of the United States Code when performed under an authority other than the Governor. “Active service of the sta…
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The terms “unorganized militia,” “all or any part of the organized militia,” and “organized militia or any force thereof,” whenever used in this chapter and ORS chapters 398 and 399, unless a different meaning is plainly required by the context, shall be deemed to include any unit, command, component, element, headquarters, staff or cadre thereof as well as …
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It is the intent of this chapter and ORS chapters 398 and 399 to provide for the Oregon Military Department and for the State Militia and for the organization, equipment, regulation and use thereof. All matters relating to the organization, discipline and government of the organized militia, not otherwise provided for in this chapter and ORS chapters 398 an…
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This chapter and ORS chapters 398 and 399 being a general law intended as a unified coverage of its subject matter, no part of them shall be deemed to be impliedly repealed by subsequent legislation if such construction can reasonably be avoided.
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If any clause, sentence, paragraph or part of this chapter and ORS chapters 398 and 399 or the application thereof to any person or circumstances shall, for any reason, be adjudged by a court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder of this chapter and ORS chapters 398 and 399, and the applic…
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
The militia of the state shall be divided into the organized militia and the unorganized militia. The organized militia shall be composed of the Oregon Army National Guard and the Oregon Air National Guard, which forces together with an inactive National Guard shall comprise the Oregon National Guard; the Oregon Civil Defense Force whenever such a force sha…
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The following persons shall be exempt from militia service: Persons exempt from militia service by the laws of the United States. Regular or duly ordained ministers of religion, or duly elected church officials regularly conducting church services, or those recognized by their church as devoting the major portion of their time to the practice of religion. …
If the Adjutant General receives notice that an Oregon National Guard unit will be called into active federal service outside this state under Title 10 of the United States Code, the Adjutant General may not place or retain a servicemember in the unit if the servicemember is the sibling of a person who was killed while serving under Title 10 of the United St…
The following persons 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 those persons who shall have the general powers of a notary public: The State Judge Advocate and all Assistant State Judge Advocates. All law specialists. All sum…
The Governor of this state, by virtue of office, is the Commander in Chief of the militia of this state, and may issue military regulations for the governance of the militia. Military regulations issued by the Governor shall have the full force and effect of law. To the extent a regulation issued under this section conflicts with any other law of this state,…
If the Adjutant General issues regulations for the governance of the organized militia as provided under ORS 396.125, the Adjutant General shall specify in the regulations a date on which the regulations become operative for the purposes of all conduct subject to the regulations occurring on or after the specified date. To the extent a regulation issued unde…
The Governor may order the organized militia or any part thereof to serve outside the borders of this state or of the United States in order to perform military duty of every description and to participate in parades, reviews, cruises, conferences, encampments, maneuvers or other training, and to participate in small arms and other military competitions and …
When the militia of the state or any part thereof is called forth under the Constitution and laws of the United States, the Governor shall order out for service the organized militia or such part thereof as may be necessary, and if the number available is insufficient the Governor may call for and accept from the unorganized militia as many volunteers as are…
Whenever the Governor deems it necessary, the Governor may direct the members of the unorganized militia to present themselves for and submit to registration at such time and place and in such manner as may be prescribed by military department regulations issued pursuant to this chapter and ORS chapters 398 and 399. Any member of the unorganized militia who…
The military staff of the Governor shall consist of the Chief of Staff to the Governor and such personal aides-de-camp as the Governor shall deem necessary. The Adjutant General shall be Chief of Staff to the Governor. Personal aides-de-camp to the Governor may be selected from the commissioned officers of the Oregon National Guard or from reserve officers…
The Governor shall appoint an Adjutant General who shall hold office for a four-year term or until relieved by reason of resignation, withdrawal of federal recognition or for cause to be determined by a court-martial. The current term of an Adjutant General continues until its prescribed expiration date while such Adjutant General is serving in a federal act…
The Adjutant General shall receive such salary as may be provided by law or, if not so provided, as may be fixed by the Governor. Before entering upon the duties of office, the Adjutant General shall give to the state a fidelity bond in such penal sum as may be fixed by law or, if not so fixed, as may be fixed by the Governor, with a corporate surety who is…
The Adjutant General shall be the Director of the Oregon Military Department, and Chief of Staff to the Governor. The Adjutant General shall be the Commander of the Oregon National Guard. The Adjutant General shall be charged, under the direction of the Governor, with the supervision of all matters pertaining to the administration, discipline, mobilization,…
The Adjutant General may appoint four Assistant Adjutants General, two from the Army National Guard of Oregon and two from the Air National Guard of Oregon who shall serve at the pleasure of the Adjutant General or until relieved by reason of resignation, withdrawal of federal recognition or for cause to be determined by a court-martial. Voluntary entry onto…
If the federally recognized Oregon National Guard, or any portion thereof, is called or ordered to active federal duty by the President, and if such call or order shall include the Adjutant General and Assistant Adjutants General, the Governor may appoint an Acting Adjutant General who shall assume the responsibilities and powers and perform all duties requi…
The Adjutant General shall recommend to the Governor, who shall appoint, designate or detail, subject to the approval of the Secretary of the Army and the Secretary of the Air Force, a qualified commissioned officer of the Oregon National Guard who is also a commissioned officer of the Army National Guard of the United States or the Air National Guard of the…
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The Oregon Military Department is established. The department, under the direction of the Governor, shall be responsible as provided in this chapter and ORS chapters 398 and 399 for the supervision of the military affairs of the state. The military department shall prepare and promulgate necessary regulations for the organization, governance, armament, equi…
The enumeration of duties and functions in ORS 396.305 to 396.360 and 396.505 to 396.545 shall not be deemed exclusive nor construed as a limitation on the powers and authorities vested in the department by other provisions of law.
The military department shall be under the supervision and control of the Adjutant General, who shall also serve as director of the department, and who shall be appointed by the Governor as provided in ORS 396.150. The Adjutant General shall be responsible for the performance of the duties imposed upon the department, and for such other duties as may be pre…
The Adjutant General shall organize and reorganize the military department as necessary to the accomplishment of its functions and duties. Such organization or reorganization shall be approved by the Governor prior to implementation.
Army and air technicians are federal civilian employees authorized by section 709, title 32, United States Code and paid from federal funds allocated to the state. As such they are subject to the jurisdiction and control of the Adjutant General.
State employees of the Oregon Military Department who are not otherwise members of the Oregon National Guard may be required as a condition of employment to obtain membership in the Oregon Civil Defense Force when in the judgment of the Adjutant General the membership maintains or enhances the readiness and stability of the department to provide services if …
For the purpose of requesting a state or nationwide criminal records check under ORS 181A.195, the Oregon Military Department may require the fingerprints of: A person who is applying for or is employed in a position in a job category for which a state or nationwide criminal records check is a job qualifier and in which personnel: Are assigned to the at-ri…
Unless otherwise specially provided in this chapter and ORS chapters 398 and 399, warrants on the State Treasury for all duly authenticated bills of the military department as approved by the Adjutant General or the person designated by the Adjutant General, in favor of the persons to whom the state is indebted for military purposes shall be drawn and paid i…
The Oregon Military Department may enter into cooperative agreements with the federal National Guard Bureau. The department may select any available payment method option for a cooperative agreement, including the advance payment method. If the department selects the advance payment method for a cooperative agreement, the department may not incur a funding…
The State Treasurer, at the request of the Oregon Military Department, may create accounts in the State Treasury, separate and distinct from the General Fund, pursuant to a cooperative agreement described in ORS 396.337 or federal statutes or regulations governing the cooperative agreement. Interest earned by such an account must be credited to the account. …
The Adjutant General may accept, receive and receipt for moneys made available from the federal government in connection with maintenance service contracts for federal property used by the state. All federal moneys received by the Adjutant General under this section shall be deposited in the State Treasury in the Military Department Miscellaneous Receipts Ac…
The moneys received by the Adjutant General from fines imposed by courts-martial and, except as provided in ORS 279A.280, 279A.285 and 283.110, the moneys received from other miscellaneous sources shall be deposited in the General Fund in the State Treasury, to be available for general governmental expenses.
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As used in this section, “settle” means consider, ascertain, adjust, determine and dispose of a claim, whether by full or partial allowance or by disallowance. Under such military department regulations as the Governor may prescribe, the Governor or, subject to appeal to the Governor, the Adjutant General, may settle and pay in an amount not more than $500 …
The Oregon Military Department may adopt reasonable policies or procedures for any program operated by the military department for at-risk youth where attendance by at-risk youth is voluntary. The policies or procedures adopted by the military department may include but are not limited to drug testing policies designed to ensure that a person enrolled in the…
The Oregon Military Emergency Financial Assistance Program is created in the Oregon Military Department. The purpose of the program is to provide hardship grants and loans to members and immediate family of members of the Oregon National Guard on active duty. The department shall adopt regulations implementing subsection (1) of this section, including but n…
The Oregon Military Emergency Financial Assistance Fund is established in the State Treasury, separate and distinct from the General Fund. The Oregon Military Emergency Financial Assistance Fund shall consist of moneys appropriated to the fund by the Legislative Assembly and moneys contributed through the charitable checkoff program described in ORS 305.690 …
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On or before October 1 of each even-numbered year, the Oregon Military Department shall report to a legislative committee dealing with the military on the existing military cultural barriers that discourage service members from identifying their medical, emotional, psychological and other barriers to reintegration into civilian life. Note: 396.375 was enact…
As used in ORS 396.505 to 396.545, “armory” means any building, together with the grounds upon which it is situated, used for the storage and maintenance of military property or the training of troops, and in addition real property acquired or held in contemplation of such use.
The military department shall have control of armories and shall prescribe the regulations governing the same. All state and United States property must, as far as possible, be kept in them, and the commanders of troops using the armories will be held responsible for the safekeeping and proper care of such property and its protection against damage, misappro…
Subject to the restriction contained in subsection (4) of this section, the Oregon Military Department may sell, exchange or lease any military department real property that is found to have become unsuitable for military department purposes. The Adjutant General shall make a determination of the unsuitability of the property for military department purposes…
The sale, exchange or lease of Oregon Military Department real property, as authorized in ORS 396.515, which the State of Oregon owns or in which it has an equitable interest or estate, shall be subject to the provisions of ORS 270.020 and 273.225 to 273.241.
The Military Department Construction Account, separate and distinct from the General Fund, is established in the State Treasury. Moneys received by the State of Oregon in payment for military department real property sold shall be deposited in the Military Department Construction Account. All moneys in the account are appropriated continuously and shall be u…
Armories may be constructed in locations not already provided with armories or in which existing armories are inadequate, where one or more units of the organized militia, fully organized under this chapter and ORS chapters 398 and 399, may be located and where, in the judgment of the military department, it will be most convenient to the units, and where mo…
The military department shall be a body corporate and shall have the powers of a corporation for the purpose of purchasing, leasing, renting or otherwise acquiring buildings or parts thereof, grounds, premises, offices, rooms, warehouses, garages, shops and storage areas for the use of the department or any unit of the organized militia. For such purpose the…
Armories may be used by members and units of the organized militia in accordance with regulations issued pursuant to this chapter and ORS chapters 398 and 399. Armories may be used by any veterans’ organizations and their auxiliaries located in the community where the armory is located, provided such use will not interfere with the use of the facilities by …
The person, firm, association or corporation applying for the rental of an armory or space within an armory shall execute and deliver a written agreement which shall include among its provisions its full name and address, the purpose for which such use is desired, the nature and manner of the intended use of such space, a reasonable rental to be paid for suc…
The Oregon Military Museum is established at Camp Withycombe in Clackamas County. The Oregon Military Department shall establish an official repository in the museum for military weapons, documents and artifacts relating to the military history of the citizens of Oregon, whether service is in the Oregon National Guard or the Army, Navy, Air Force, Marine Cor…
The Oregon Military Department may seek, solicit, receive and administer monetary grants or donations for the support and improvement of the Oregon Military Museum established under ORS 396.555. Grants and donations so received are continuously appropriated to the Oregon Military Department for the purposes of this section and ORS 396.565.
The Oregon Military Department may donate, exchange or otherwise dispose of property not required for the current or anticipated needs of the Oregon Military Museum. Disposal shall be made in a manner appropriate to the historic or intrinsic value of the property and shall be performed to engender goodwill and to improve the museum. MISCELLANEOUS
May 8 of each year shall be known as Military Family Appreciation Day. Note: 396.595 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 396 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
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