Chapter 396 — Chapter 396

ORS 396.005 Definitions of “active service,” “state active duty” and “active service of the state.” As used in this chapter and ORS chapter 399

0.8K chars

ORS 396.010 [Repealed by 1961 c.454 §213]

0.0K chars

ORS 396.015 Definitions related to unorganized and organized militia. 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 any member thereof. [1961 c.454 §5(4)]

0.0K chars

ORS 396.020 [Repealed by 1961 c.454 §213]

0.0K chars

ORS 396.025 Purposes; rules of construction. (1) 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

0.4K chars

ORS 396.030 [Repealed by 1961 c.454 §213]

0.0K chars

ORS 396.035 Construction against implied repeal. 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a general law intended as a unified coverage of its subject matter, no part of them shall be deemed to be impliedly repealed by subsequent legislation if such construction can reasonably be avoided. [1961 c.454 §2]

0.0K chars

ORS 396.040 [Repealed by 1961 c.454 §213]

0.0K chars

ORS 396.045 Severability; conflicts. (1) 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 application thereof to other persons or circumstances, but shall be confined in its operation to the clause, sentence, paragraph or part thereof directly involved in the controversy in which judgment shall have been rendered and to the person or circumstance involved. It is hereby declared to be the legislative intent that this chapter and ORS chapters 398 and 399 would have been adopted had such invalid provisions not been included

0.3K chars

ORS 396.050 [Repealed by 1961 c.454 §213]

0.0K chars

ORS 396.060 [Repealed by 1961 c.454 §213]

0.0K chars

ORS 396.070 [Repealed by 1961 c.454 §213]

0.0K chars

ORS 396.080 [Repealed by 1961 c.454 §213]

0.0K chars

ORS 396.090 [Repealed by 1961 c.454 §213]

0.0K chars

ORS 396.100 [Repealed by 1961 c.454 §213]

0.0K chars

ORS 396.105 Militia comprised of organized and unorganized militia. (1) The militia of the state shall be divided into the organized militia and the unorganized militia

0.8K chars

ORS 396.110 [Repealed by 1961 c.454 §213]

0.0K chars

ORS 396.115 Persons exempt from militia service. The following persons shall be exempt from militia service

0.5K chars

ORS 396.117 Prohibition on active federal service of sibling of person killed while in military; exceptions. (1) 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 States Code with the Armed Forces of the United States, unless the Adjutant General has first provided notice to the Governor. The notice must include documentation of

0.9K chars

ORS 396.120 Authority to administer oaths. (1) 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

0.9K chars

ORS 396.125 Governor as Commander in Chief; military regulations; conflict with state law. (1) 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, the regulation shall supersede the conflicting law

0.6K chars

ORS 396.128 Operation of regulations adopted by Adjutant General; conflict with state law; Oregon Code of Military Justice. (1) 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 under this section conflicts with a provision of this chapter, ORS chapter 398 or 399 or any other law of this state, the regulation shall supersede the conflicting provision or law

0.4K chars

ORS 396.130 Service of organized militia outside state. (1) 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 to attend service schools

0.3K chars

ORS 396.135 Militia call by United States. 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 required for service in the organized militia or the Governor may direct the members of the unorganized militia or such of them as the Governor may deem necessary to be drafted into the organized militia. [1961 c.454 §16]

0.0K chars

ORS 396.140 Registration of unorganized militia; failure to appear. (1) 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

0.3K chars

ORS 396.145 Military staff of Governor. (1) 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

0.7K chars

ORS 396.150 Adjutant General; appointment and tenure; qualifications; grade. (1) 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 active duty status under an order or call by the President of the United States. Voluntary entry onto extended active duty by a person holding the office of Adjutant General is an automatic resignation of such officer

0.6K chars

ORS 396.155 Adjutant General; compensation; bond; traveling expenses. (1) 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

0.4K chars

ORS 396.160 Adjutant General; duties. (1) 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

3.5K chars

ORS 396.165 Assistant Adjutants General. (1) 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 extended active duty by a person holding the office of Assistant Adjutant General shall be deemed automatic resignation of such officer

2.2K chars

ORS 396.170 Acting Adjutant General. (1) 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 required of the Adjutant General, and who shall be selected from the federally recognized officers not called or ordered to active duty and who meet the qualifications established for the appointment of an Adjutant General, or if no such officer is available, then from the following

1.3K chars

ORS 396.175 United States Property and Fiscal Officer. (1) 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 United States, as the case may be, to be the United States Property and Fiscal Officer for Oregon. If the officer is not on active federal duty, the President may order the officer to active duty, with the consent of the officer, to serve as a Property and Fiscal Officer as provided in section 708 of title 32, United States Code. The United States Property and Fiscal Officer shall function under the direction of the Adjutant General, and cooperate fully with National Guard Regulations and Air National Guard Regulations and the regulations and policies of the Department of the Army and Air Force. The United States Property and Fiscal Officer may serve until 60 years of age if otherwise qualified

0.4K chars

ORS 396.180 [1961 c.454 §14; repealed by 1971 c.418 §23]

0.0K chars

ORS 396.305 Oregon Military Department; duties and functions. (1) 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

1.1K chars

ORS 396.310 Enumeration of duties not exclusive. 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. [1961 c.454 §20]

0.0K chars

ORS 396.315 Adjutant General as director of department. (1) 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

0.2K chars

ORS 396.320 Organization of department. 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. [1961 c.454 §22]

0.0K chars

ORS 396.325 Army and air technicians as federal employees. 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. [1961 c.454 §23; 1969 c.367 §1]

0.0K chars

ORS 396.330 Employees of military department; civil service status; conditions of employment; application of civil service and employment laws. (1) 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 the need for Oregon Civil Defense Force assistance should arise. The decision of the Adjutant General shall be carried out by written regulation and shall not be subject to collective bargaining

1.4K chars

ORS 396.332 Authority of Oregon Military Department to require fingerprints for criminal records check. 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

0.6K chars

ORS 396.335 Drawing warrants. 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 in the same way other claims against the state are paid. [1961 c.454 §25; 1975 c.614 §12]

0.0K chars

ORS 396.337 Cooperative agreements with federal National Guard Bureau; rules. (1) The Oregon Military Department may enter into cooperative agreements with the federal National Guard Bureau

1.0K chars

ORS 396.338 Accounts for cooperative agreements. 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. Moneys in accounts created under this section are continuously appropriated to the Oregon Military Department. [2019 c.367 §2]

0.0K chars

ORS 396.340 Receipt and disposition of certain federal moneys. 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 Account to be available for Oregon Military Department expenses. [1961 c.454 §27; 1973 c.297 §1; 1989 c.360 §5]

0.0K chars

ORS 396.345 Disposition of receipts generally. 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. [1961 c.454 §26; 1963 c.169 §5; 1965 c.445 §1; 2003 c.794 §272]

0.0K chars

ORS 396.350 [1961 c.454 §28; 1975 c.614 §13; 1979 c.95 §4; repealed by 2013 c.722 §6]

0.0K chars

ORS 396.355 Property loss incident to activities of organized militia. (1) 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

1.6K chars

ORS 396.360 Department programs for at-risk youth; policies and procedures. (1) 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 program is not engaging in unlawful drug use

0.5K chars

ORS 396.362 Oregon Military Emergency Financial Assistance Program. (1) 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

0.6K chars

ORS 396.364 Oregon Military Emergency Financial Assistance Fund. 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 to 305.753. Moneys in the fund are continuously appropriated to the Oregon Military Department for the purposes of funding hardship grants and loans described in ORS 396.362. Interest earned by the fund shall be credited to the fund. [2005 c.836 §10; 2021 c.8 §12]

0.0K chars