Title 32, Military Affairs; Emergency Services

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…

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…

(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, an…

(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. (2) It hereby is declared to be the policy of the state that there shall be an equality of treatm…

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 f…

(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 pa…

(1)(a) The Adjutant General, with the approval of the Governor, may order members of the organized militia into active service of the state. (b) Active service of the state may be for a purpose that includes, but is not limited to, carrying out state or federal drug interdiction …

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 s…

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, acc…

(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 disch…

(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 o…

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 delay…

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 al…

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 f…

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 orga…

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. [196…

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…

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

(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…

(1) As used in this section, “service member” means: (a) A member of the organized militia who is called into active service of the state. (b) A member of the Oregon National Guard who is called into active service under Title 10 of the United States Code. (c) A member of the Ore…

(1) As used in this section: (a) “Interest” includes service charges, renewal fees or other charges or fees associated with an obligation or liability. (b) “Service member” means: (A) A member of the organized militia who is called into active service of the state for 30 or more …

(1) As used in this section, “service member” means: (a) A member of the organized militia who is called into active service of the state for 30 or more consecutive days. (b) A member of the Armed Forces of the United States, as that term is defined in ORS 366.931, who is called …

As used in ORS 399.245 to 399.265: (1) “Qualified applicant” means an Oregon resident who: (a) Is a member of the Oregon National Guard; (b) Maintains minimum academic standards at the qualified institution of higher education; (c) Meets participation standards in the Oregon Nati…

(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…

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…

(1) As used in this section and ORS 399.280: (a) “Eligible post-secondary institution” has the meaning given that term in ORS 348.180. (b) “Surviving family member” means a spouse or dependent of a member of the Oregon National Guard who is killed while in active service. (2) Sub…

(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. (2) A member of the Oregon National Guard or surviving family member may obtain only one…

(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. (2) The Adjutant General sha…

(1) The Adjutant General may pay a bonus to a member of the Oregon National Guard who: (a) 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 (b) Agrees to meet any other conditions required…

All commissioned officers of the organized militia shall be appointed and promoted by the Governor upon recommendation of the Adjutant General. [1961 c.454 §53]

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. [1961 c.454 §63]

(1) 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 regu…

(1) 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. (2) An officer must reside within reasonable commuting distance of the station to whic…

(1) 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 pro…

(1) 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. (2) Any officer who is absent without leave from annual active duty training shall be considered to have resigned, and the va…

(1) 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 unde…

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…

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 …

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 correc…

(1) 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 rece…

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 in…

(1) 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 mili…

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 an…

(1) 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: (a) 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…

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 issu…

(1) 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. (2) An enlisted person discharged from a force of th…

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. [1961 c.454 §68] P…

Any person violating ORS 399.125 commits a Class B misdemeanor. [1961 c.454 §77; 1963 c.169 §8; 2011 c.597 §190] CHAPTER 400 [Reserved for expansion] _______________