399.010 [Repealed by 1961 c.454 §213]repealed
No operative statutory text appears at this designation in the selected edition.
Oregon Revised Statutes
Chapter 399 — Organized Militia
70 sections399.015 Army National Guard
Army National Guard. The ground force of the organized militia shall be the Army National Guard and shall be composed of the army units which are a part of the Oregon National Guard on August 9, 1961, and such units as may be authorized thereafter, including the personnel who are enlisted, appointed or commissioned therein. All persons who are members of the…
399.020 [Repealed by 1961 c.454 §213]repealed
No operative statutory text appears at this designation in the selected edition.
399.025 Air National Guard
The air force of the organized militia shall be the Air National Guard and shall be composed of the air force units which are a part of the Oregon National Guard on August 9, 1961, and such units as may be authorized thereafter, including the personnel who are enlisted, appointed or commissioned therein. All persons who are members of the Air National Guard …
399.030 [Repealed by 1961 c.454 §213]repealed
No operative statutory text appears at this designation in the selected edition.
399.035 Oregon Civil Defense Force; volunteer civil defense forces
In addition to the federally recognized Oregon National Guard subject to call or order to federal service under laws of the United States, there shall be organized within the state a National Guard Reserve force. Such force shall be known as the Oregon Civil Defense Force, and shall be composed principally of officers, warrant officers and enlisted persons n…
399.040 [Repealed by 1961 c.454 §213]repealed
No operative statutory text appears at this designation in the selected edition.
399.045 Organization and training; equality of treatment and opportunity
The forces of the organized militia shall be organized, armed, disciplined, governed, administered and trained as prescribed by applicable federal and state laws and regulations. It hereby is declared to be the policy of the state that there shall be an equality of treatment and opportunity for all persons in the organized militia without regard to race, cr…
399.050 [Repealed by 1961 c.454 §213]repealed
No operative statutory text appears at this designation in the selected edition.
399.055 Assemblies, periodic training and other duty
Members and units of the organized militia shall assemble for training and shall participate in field training periods and active duty for training periods, maneuvers, schools, conferences or other similar duties at such times and places as are prescribed therefor by applicable federal and state laws and regulations. In addition to these periods, the command…
399.060 [Repealed by 1961 c.454 §213]repealed
No operative statutory text appears at this designation in the selected edition.
399.065 Ordering organized militia into active service of the state; Governor; martial law
The Governor shall have the power, in case of invasion, disaster, insurrection, riot, breach of the peace, or imminent danger thereof, to order into active service of the state for such period, to such extent and in such manner as the Governor may deem necessary all or any part of the organized militia. Such power shall include the power to order the organiz…
399.070 [Repealed by 1961 c.454 §213]repealed
No operative statutory text appears at this designation in the selected edition.
399.075 Ordering organized militia into active service of the state; Adjutant General; pay and allowances
The Adjutant General, with the approval of the Governor, may order members of the organized militia into active service of the state. Active service of the state may be for a purpose that includes, but is not limited to, carrying out state or federal drug interdiction and counter-drug law enforcement activities under a drug interdiction and counter-drug act…
399.080 [Repealed by 1961 c.454 §213]repealed
No operative statutory text appears at this designation in the selected edition.
399.085 Credit for active federal service
For all purposes under this chapter and ORS chapters 396 and 398, members of the organized militia who enter and serve in the active military service of the United States in time of war under a call or order by the President or who enter and serve on active duty in the military service of the United States in time of peace in their status within the National…
399.090 [Repealed by 1961 c.454 §213]repealed
No operative statutory text appears at this designation in the selected edition.
399.095 [1961 c.454 §70; 1983 c.107 §1; 1983 c.740 §125; 1989 c.360 §12; 2005 c.512 §41; repealed by 2013 c.722 §6]repealed
No operative statutory text appears at this designation in the selected edition.
399.100 [Repealed by 1961 c.454 §213]repealed
No operative statutory text appears at this designation in the selected edition.
399.105 Militia unit facilities
Unless furnished by the United States, the state shall provide adequate armory accommodations, bases, camps, target ranges and other facilities and shall maintain such facilities for units of the Oregon National Guard allotted to the state under the laws of the United States, accepted by the Governor and organized under the authority of this chapter and ORS …
399.110 [Repealed by 1961 c.454 §213]repealed
No operative statutory text appears at this designation in the selected edition.
399.115 Trespassers and disturbers to be placed in arrest; sales and gambling prohibited
Any person who trespasses upon any armory, arsenal, camp, range, base or other facility of the organized militia or other place where any unit of the organized militia is performing military duty, including training, or who in any way or manner interrupts or molests the discharge of military duties by any member of the organized militia or of the Armed Force…
399.120 [Repealed by 1961 c.454 §213]repealed
No operative statutory text appears at this designation in the selected edition.
399.125 Repossession of military property by state
When the Governor orders the return to the state of any arms, equipment, military stores or other military property belonging to the state, or for which the state is responsible, such arms and military property shall be delivered immediately to the officer authorized in the order to receive it, who shall give a receipt for the property and describe its condi…
399.130 [Repealed by 1961 c.454 §213]repealed
No operative statutory text appears at this designation in the selected edition.
399.135 Right of way on public streets and highways
The organized militia in the performance of its military duties shall have the right of way over any persons or vehicles on any public street or highway of this state, except United States mail carriers, fire apparatus and other emergency vehicles. Any person who hinders or delays, or obstructs, the organized militia in the performance of its military duties…
399.140 [Repealed by 1961 c.454 §213]repealed
No operative statutory text appears at this designation in the selected edition.
399.145 Free passage through tollgates and tunnels and over toll bridges and ferries
Any person belonging to the organized militia shall, together with the conveyance in the charge of the person and the property of the state or the United States in the charge of the person, be allowed to pass free through all tollgates and tunnels and over all toll bridges and also over all ferries if the person is in uniform or presents an order for duty or…
399.150 Oaths and affirmations
Oaths and affirmations required in any matter connected with the military service may be administered by any duly commissioned officer of the organized militia or other officer authorized to administer oaths under the laws of the state, and no charge shall be made nor shall any fee be accepted for such service.
399.155 Unlawful wearing of uniform or insignia
No member of the organized militia shall wear, when on or off duty, any uniform or any device, strap, knot or insignia of any design or character used as a designation of grade, rank or office, such as are by law or regulation, duly promulgated, prescribed for the use of the organized militia, without the permission of the commanding officer. RIGHTS AND PRI…
399.205 Complaints of wrongs
Any member of the organized militia who is wronged by the commanding officer, and who, upon due application to that commanding officer, is refused redress, may complain to any superior commissioned officer, who shall forward the complaint to the Governor or Adjutant General.
399.210 Eligibility to state office of federally paid members of organized militia
Any officer or enlisted person of the militia of this state who receives compensation from the United States as a federally recognized member of the organized militia shall not be ineligible by reason thereof to hold lucrative office or seat in the Legislative Assembly within the meaning of section 10, Article II of the Oregon Constitution.
399.215 Exemption from jury duty
Active members of the organized militia shall be exempt from duty to act as a juror.
399.220 [1961 c.454 §50; repealed by 1973 c.794 §34]repealed
No operative statutory text appears at this designation in the selected edition.
399.225 Relief from civil or criminal liability; security for costs; exemption from civil process
Members of the organized militia ordered into active service of the state pursuant to this chapter shall not be liable civilly or criminally for any act or acts done by them in the performance of their duty. When an action or proceeding of any nature is commenced in any court by any person against any officer of the militia for any act done by the officer in…
399.230 [1989 c.317 §1; 2003 c.72 §2; 2003 c.311 §2; 2003 c.387 §11; 2005 c.78 §1; 2009 c.12 §1; renumbered 659A.086 in 2009]renumbered
No operative statutory text appears at this designation in the selected edition.
399.235 [1989 c.317 §2; 2001 c.621 §79; 2003 c.387 §12; renumbered 659A.088 in 2009]renumbered
No operative statutory text appears at this designation in the selected edition.
399.238 Applications for relief of obligations or liabilities or stay of civil or administrative proceedings by state service members
As used in this section, “service member” means: A member of the organized militia who is called into active service of the state. A member of the Oregon National Guard who is called into active service under Title 10 of the United States Code. A member of the Oregon National Guard who is called into active service under Title 32 of the United States Code…
399.240 Limitation on rate of interest incurred by state service members during period of active service
As used in this section: “Interest” includes service charges, renewal fees or other charges or fees associated with an obligation or liability. “Service member” means: A member of the organized militia who is called into active service of the state for 30 or more consecutive days. A member of the Oregon National Guard who is called into active service un…
399.242 Suspension or termination of certain services by service members; reinstatement; effect
As used in this section, “service member” means: A member of the organized militia who is called into active service of the state for 30 or more consecutive days. A member of the Armed Forces of the United States, as that term is defined in ORS 366.931, who is called into active service under Title 10 of the United States Code. A member of the Oregon Nati…
399.245 Definitions for ORS 399.245 to 399.265
As used in ORS 399.245 to 399.265: “Qualified applicant” means an Oregon resident who: Is a member of the Oregon National Guard; Maintains minimum academic standards at the qualified institution of higher education; Meets participation standards in the Oregon National Guard as prescribed by the Oregon Military Department; Is a full-time student; and Se…
399.255 Scholarship program; award; duration; ineligible courses of study
Subject to the availability of funds, the Oregon Military Department shall contract with the Higher Education Coordinating Commission to disburse to qualified applicants, awards made to the applicants on behalf of the Oregon National Guard Scholarship Program as determined by the Oregon Military Department. If the qualified applicant who receives a scholars…
399.265 Award prior to completion of service requirement; repayment required after insufficient service
A qualified applicant may be awarded a scholarship under ORS 399.245 to 399.265 before completing the national guard service requirement. However, if an applicant fails to fulfill the service requirement, the applicant shall pay to the Higher Education Coordinating Commission the amount of the scholarship received plus interest for each year for which a scho…
399.270 [1997 c.67 §2; repealed by 2001 c.139 §3]repealed
No operative statutory text appears at this designation in the selected edition.
399.275 Tuition waiver program; amount of waiver; qualifications; priority
As used in this section and ORS 399.280: “Eligible post-secondary institution” has the meaning given that term in ORS 348.180. “Surviving family member” means a spouse or dependent of a member of the Oregon National Guard who is killed while in active service. Subject to the availability of funds, the Oregon Military Department may contract with the Highe…
399.280 Eligibility; required period of military service; repayment required after withdrawal from courses or insufficient service
The tuition waiver program described in this section and ORS 399.275 is not available to any member of the Oregon National Guard or surviving family member who has a baccalaureate degree. A member of the Oregon National Guard or surviving family member may obtain only one undergraduate degree under the tuition waiver program established by this section and …
399.285 [1995 c.158 §3; 1997 c.67 §5; repealed by 2001 c.139 §3]repealed
No operative statutory text appears at this designation in the selected edition.
399.290 [1995 c.158 §4; 1997 c.67 §6; repealed by 2001 c.139 §3]repealed
No operative statutory text appears at this designation in the selected edition.
399.295 State-sponsored life insurance program
As used in this section, “state-sponsored life insurance program” means the group life insurance program allowed under 37 U.S.C. 707 and exclusively offered to all members of the Oregon National Guard through the Oregon National Guard Association. The Adjutant General shall, at the discretion of the Adjutant General: Allow efforts to make the state-sponsor…
399.300 Bonus for reenlistment or extension; written agreement; conditions; repayment
The Adjutant General may pay a bonus to a member of the Oregon National Guard who: Reenlists or extends the member’s period of service in the Oregon National Guard for a period of time that is not less than three years; and Agrees to meet any other conditions required by the Adjutant General. A bonus may be paid as a lump sum or in installments over a per…
399.405 Appointment of commissioned officers
All commissioned officers of the organized militia shall be appointed and promoted by the Governor upon recommendation of the Adjutant General.
399.410 Applicability of chapter to warrant officers
The provisions of this chapter relating to commissioned officers shall apply to warrant officers, except that warrant officers who have been absent without leave may be discharged as prescribed by applicable federal and state laws and regulations.
399.415 Qualifications of officers; oath
No person shall be appointed or promoted as a commissioned officer of the organized militia unless the person has passed such examination as to the physical, moral and professional qualifications of the person as may be prescribed by applicable federal and state laws and regulations. No person shall be recognized as a commissioned officer of the organized m…
399.420 Assignment and transfer of officers; residence of officers
Commissioned officers may be assigned, reassigned, transferred or detailed to and from units within the organized militia as prescribed by applicable federal and state laws and regulations. An officer must reside within reasonable commuting distance of the station to which the unit of the officer is assigned. The Adjutant General shall determine what consti…
399.425 Resignations
A commissioned officer of the organized militia may tender resignation at any time. Such resignation will be tendered in writing through proper military channels in accordance with applicable federal and state laws and regulations. Such resignations shall take effect when properly accepted and announced in orders. A commissioned officer desiring to accept a…
399.430 Absence without leave considered resignation
Any officer who absents self without leave for 60 days shall be considered to have resigned, and the vacancy shall be announced in appropriate orders. Any officer who is absent without leave from annual active duty training shall be considered to have resigned, and the vacancy shall be announced in appropriate orders.
399.435 Efficiency and medical examining boards; appointment
The efficiency, moral character and general fitness for retention in the organized militia of any commissioned officer may be investigated and determined by an efficiency examining board. The members of an efficiency examining board shall be senior in rank to the officer under investigation unless unavoidable. The physical fitness for further service of any…
399.440 Efficiency and medical examining boards; procedure and functions
Efficiency and medical examining boards appointed by the Governor hereby are vested with the powers of courts of inquiry and courts-martial. Such boards shall follow the practice and procedure prescribed by applicable federal and state laws and regulations. Any officer ordered to appear before such a board shall be allowed to appear in person or by counsel, …
399.445 Officer bonds
Officers of the organized militia shall give bonds and security as may be required by the Adjutant General to secure the state against loss on account of misuse or misapplication of state or federal property and funds. Such bonds shall be conditioned upon faithful performance of all duties and the accounting for all property and funds for which the officer i…
399.450 Responsibility for public property
An officer receiving public property for military purposes shall be accountable for the article so received by the officer until the article is returned, or is disposed of pursuant to law or by order of the Governor. Until the accounts of the officer are examined and found correct, the accountability of such officer or the estate of the officer shall not be …
399.455 [1961 c.454 §62; repealed by 1963 c.169 §11]repealed
No operative statutory text appears at this designation in the selected edition.
399.456 Uniform allowance
A person who is appointed as a commissioned officer or warrant officer of the Oregon National Guard under the circumstances set forth in subsection (2) of this section shall, on the date of original appointment as a commissioned officer or warrant officer, be eligible to receive from the state an allowance of $170 for the purpose of purchasing military unifo…
399.460 Oregon National Guard Association
All commissioned officers and warrant officers of the organized militia, including retired officers and warrant officers thereof, may organize themselves into an association, the name of which shall be the Oregon National Guard Association. The association may adopt bylaws not inconsistent with the statutes of this state and may alter and amend such bylaws. …
399.505 Enlistment, period of service, transfer, discharge and extensions of enlistments
The qualifications for enlistment and reenlistment, the periods of enlistment, reenlistment and voluntary extension of enlistment, the period of service, the form of oath to be taken and the manner and form of transfer and discharge of enlisted personnel of the organized militia shall be those prescribed by applicable federal and state laws and regulations. …
399.510 Contract and oath of enlistment
Every person who enlists or reenlists in any force of the organized militia shall sign an enlistment contract and shall take and subscribe such oath or affirmation of enlistment as may be prescribed by applicable federal and state laws and regulations. Such oath shall be taken and subscribed before any commissioned officer or warrant officer of the organized…
399.515 Explanation of military laws and Oregon Code of Military Justice to members of organized militia
This section, ORS 398.006, 398.252 and 399.205 and the Oregon Code of Military Justice as described in ORS 396.128 shall be carefully explained to: Every enlisted member at the time of enlistment or transfer or induction into, or at the time of an order to duty in or with any of the forces of the organized militia or within 30 days thereafter; and Each uni…
399.520 Noncommissioned officers
All noncommissioned officers of the organized militia shall be appointed in the discretion of the appointing officer upon the nomination of the officer under whose immediate command they are to serve. Appointing officers shall be designated in military department regulations issued pursuant to ORS 396.305. The appointment of a noncommissioned officer may be …
399.525 Discharges
An enlisted person may be discharged from any force of the organized militia prior to the expiration of the term of enlistment under such conditions as may be prescribed by applicable federal and state laws and regulations. An enlisted person discharged from a force of the organized militia shall receive a discharge in writing in such form and of such type …
399.530 Dropping from rolls
When an enlisted person of the organized militia absents self without leave and there is reason to believe that the person does not intend to return, the person may be discharged in accordance with military department regulations issued pursuant to ORS 396.305. PENALTIES
399.990 Penalties
Any person violating ORS 399.125 commits a Class B misdemeanor. CHAPTER 400 [Reserved for expansion] _______________