Title 32, Military Affairs; Emergency Services

As used in this chapter and ORS chapter 399: (1) “Active service” includes: (a) Active service of the state. (b) Service performed on full-time duty status under Title 10 of the United States Code. (c) Service performed on full-time duty status under Title 32 of the United States…

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 uni…

(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. (2) All matters relating to the organization, discipline and government of th…

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a general law intended as a unified coverage of its subject matter, no part of them shall be deemed to be impliedly repealed by subsequent legislation if such construction can reasonably be avoided.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]

(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 i…

(1) The militia of the state shall be divided into the organized militia and the unorganized militia. (2) 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 compr…

The following persons shall be exempt from militia service: (1) Persons exempt from militia service by the laws of the United States. (2) Regular or duly ordained ministers of religion, or duly elected church officials regularly conducting church services, or those recognized by …

(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 …

(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: (a) The State…

(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 exten…

(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 regulati…

(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 o…

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 Governo…

(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 t…

(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. (2) The Adjutant General shall be Chief of Staff to the Governor. (3) Personal aides-de-camp to the Governor may be sel…

(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 it…

(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. (2) 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 l…

(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. (2) The Adjutant General shall be charged, under the direction of the Governor, with the…

(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 federa…

(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 G…

(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 offi…

(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. (2) The military department shall prepar…

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]

(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. (2) The Adjutant General shall be responsible for the perform…

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]

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]

(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 maintai…

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: (1) A person who is applying for or is employed in a position in a job category for which a state or nationwide criminal …

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 perso…

(1) The Oregon Military Department may enter into cooperative agreements with the federal National Guard Bureau. (2) The department may select any available payment method option for a cooperative agreement, including the advance payment method. (3) If the department selects the …

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…

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 depo…

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 g…

(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. (2) Under such military department regulations as the Governor may prescribe, the Governor or, subject to appeal to …

(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 n…

(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. (2) The departme…

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 mone…

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 …

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. […

(1) 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 safe…

(1) 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…

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. [1961 c.454 §33; 200…

(1) 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 Construc…

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 o…

(1) 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 …

(1) 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. (2) Armories may be used by any veterans’ organizations and their auxiliaries located in the community where the arm…

(1) 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 …

(1) 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, whet…

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…

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 per…