Chapter 399 — Chapter 399

ORS 399.010 [Repealed by 1961 c.454 §213]

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ORS 399.015 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 Army National Guard shall be federally recognized as such. [1961 c.454 §39]

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ORS 399.020 [Repealed by 1961 c.454 §213]

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ORS 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 shall be federally recognized as such. [1961 c.454 §40]

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ORS 399.030 [Repealed by 1961 c.454 §213]

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ORS 399.035 Oregon Civil Defense Force; volunteer civil defense forces. (1) 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 not eligible for general service under federal selective service laws

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ORS 399.040 [Repealed by 1961 c.454 §213]

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ORS 399.045 Organization and training; equality of treatment and opportunity. (1) 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

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ORS 399.050 [Repealed by 1961 c.454 §213]

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ORS 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 commander of any organization may require the officers, warrant officers and enlisted persons of the command to meet for ceremonies, parades or training at such times and places as the commander may appoint. [1961 c.454 §44]

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ORS 399.060 [Repealed by 1961 c.454 §213]

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ORS 399.065 Ordering organized militia into active service of the state; Governor; martial law. (1) 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 organized militia or any part thereof to function under the operational control of the United States Army, Navy or Air Force commander in charge of the defense of any area within the state which is invaded or attacked or is or may be threatened with invasion or attack

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ORS 399.070 [Repealed by 1961 c.454 §213]

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ORS 399.075 Ordering organized militia into active service of the state; Adjutant General; pay and allowances. (1)(a) The Adjutant General, with the approval of the Governor, may order members of the organized militia into active service of the state

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ORS 399.080 [Repealed by 1961 c.454 §213]

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ORS 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 Guard of the United States or Air National Guard of the United States and who thereafter return to the military service of the state, shall be entitled to credit for time so served as if such service had been rendered to the state. [1961 c.454 §47]

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ORS 399.090 [Repealed by 1961 c.454 §213]

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ORS 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]

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ORS 399.100 [Repealed by 1961 c.454 §213]

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ORS 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 chapters 396 and 398. [1961 c.454 §46]

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ORS 399.110 [Repealed by 1961 c.454 §213]

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ORS 399.115 Trespassers and disturbers to be placed in arrest; sales and gambling prohibited. (1) 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 Forces of the United States or who trespasses or prevents the passage of troops of the organized militia or of the Armed Forces of the United States in the performance of their military duties may be placed in arrest by the commanding officer, or the designated representative of the commanding officer, of the unit performing such military duty at the place where the offense is committed and may be held in arrest during the continuance of the performance of such military duty, but not to exceed 12 hours

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ORS 399.120 [Repealed by 1961 c.454 §213]

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ORS 399.125 Repossession of military property by state. (1) 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 condition in the receipt. If the property mentioned in the order is not promptly delivered as directed, the officer named in the order may take immediate possession of the same in the name of the state

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ORS 399.130 [Repealed by 1961 c.454 §213]

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ORS 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, is guilty of a misdemeanor. [1961 c.454 §72]

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ORS 399.140 [Repealed by 1961 c.454 §213]

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ORS 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 certificate of an order for duty. [1961 c.454 §73]

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ORS 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. [1961 c.454 §51]

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ORS 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. [1961 c.454 §75(3)]

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ORS 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. [1961 c.454 §200]

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ORS 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. [1961 c.454 §48]

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ORS 399.215 Exemption from jury duty. Active members of the organized militia shall be exempt from duty to act as a juror. [1961 c.454 §49]

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ORS 399.220 [1961 c.454 §50; repealed by 1973 c.794 §34]

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ORS 399.225 Relief from civil or criminal liability; security for costs; exemption from civil process. (1) 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 an official capacity in the discharge of any duty under this chapter and ORS chapters 396 and 398, or an alleged omission by the officer to do an act which it was the duty of the officer to perform, or against any person acting under the authority or order of such officer, or by virtue of any warrant issued by the officer pursuant to law, the defendant may require the person instituting or prosecuting the action or proceeding to file security for the payment of costs that may be awarded to the defendant therein, and the defendant in all cases may make a general denial and give the special matter in evidence. A defendant in whose favor a final judgment is rendered in an action or a final order is made in a special proceeding shall recover the costs of the defendant

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ORS 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]

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ORS 399.235 [1989 c.317 §2; 2001 c.621 §79; 2003 c.387 §12; renumbered 659A.088 in 2009]

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ORS 399.238 Applications for relief of obligations or liabilities or stay of civil or administrative proceedings by state service members. (1) As used in this section, “service member” means

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ORS 399.240 Limitation on rate of interest incurred by state service members during period of active service. (1) As used in this section

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ORS 399.242 Suspension or termination of certain services by service members; reinstatement; effect. (1) As used in this section, “service member” means

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ORS 399.245 Definitions for ORS 399.245 to 399.265. As used in ORS 399.245 to 399.265

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ORS 399.255 Scholarship program; award; duration; ineligible courses of study. (1) 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

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ORS 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 scholarship was awarded but for which the service requirement was not met. [1989 c.717 §3; 2011 c.637 §265; 2013 c.747 §156]

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ORS 399.270 [1997 c.67 §2; repealed by 2001 c.139 §3]

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ORS 399.275 Tuition waiver program; amount of waiver; qualifications; priority. (1) As used in this section and ORS 399.280

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ORS 399.280 Eligibility; required period of military service; repayment required after withdrawal from courses or insufficient service. (1) 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

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ORS 399.285 [1995 c.158 §3; 1997 c.67 §5; repealed by 2001 c.139 §3]

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ORS 399.290 [1995 c.158 §4; 1997 c.67 §6; repealed by 2001 c.139 §3]

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ORS 399.295 State-sponsored life insurance program. (1) 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

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ORS 399.300 Bonus for reenlistment or extension; written agreement; conditions; repayment. (1) The Adjutant General may pay a bonus to a member of the Oregon National Guard who

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