TITLE 32

MILITARY AFFAIRS; EMERGENCY SERVICES

Chapter 396. Generally 398. Military Justice 399. Organized Militia 401. Emergency Management and Services 402. Emergency Mutual Assistance Agreements 403. Emergency Communications System; 2-1-1 System; Public Safety Communications Systems 404. Search and Rescue

Chapter 396

2015 EDITION Militia Generally

GENERAL PROVISIONS MILITARY DEPARTMENT 396.015 Definitions 396.305 Oregon Military Department; duties and functions 396.025 Purposes; rules of construction 396.310 Enumeration of duties not exclusive 396.035 Construction against implied repeal 396.315 General as director of depart- 396.045 Severability; conflicts ment 396.320 Organization of department COMPOSITION; COMMAND AND STAFF OFFICERS 396.325 Army and air technicians as federal em- ployees 396.105 Militia comprised of organized and unor- ganized militia 396.330 Employees of military department; civil service status; conditions of employment; 396.115 Persons exempt from militia service application of civil service and employ- 396.117 Prohibition on active federal service of ment laws sibling of person killed while in military; 396.332 Authority of Oregon Military Department exceptions to require fingerprints for criminal re- 396.120 Authority to administer oaths cords check 396.335 Drawing warrants 396.125 Governor as Commander in Chief; military regulations; conflict with state law 396.340 Receipt and disposition of certain federal moneys 396.128 Operation of regulations adopted by Ad- jutant General; conflict with state law; 396.345 Disposition of receipts generally Oregon Code of Military Justice 396.355 Property loss incident to activities of or- 396.130 Service of organized militia outside state ganized militia 396.135 Militia call by United States 396.360 Department programs for at-risk youth; policies and procedures 396.140 Registration of unorganized militia; fail- ure to appear 396.362 Oregon Military Emergency Financial As- sistance Program 396.145 Military staff of Governor; Military Coun- cil 396.364 Oregon Military Emergency Financial As- sistance Fund 396.150 Adjutant General; appointment and ten- 396.375 Report to legislature on military cultural ure; qualifications; grade barriers 396.155 Adjutant General; compensation; bond; traveling expenses ARMORIES, CAMPS 396.160 Adjutant General; duties AND OTHER PROPERTY 396.165 Assistant General 396.505 Definition of “armory” for ORS 396.505 to 396.545 396.170 Acting Adjutant General 396.510 Control of armories and camps; care of 396.175 United States Property and Fiscal Officer property

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396.515 Sale, exchange or lease of military de- 396.540 Use of armories partment property 396.545 Leases and agreements for use of ar- 396.520 Applicability of laws governing sale, ex- mories change or lease of military department 396.555 Oregon Military Museum established at property generally 396.525 Military Department Construction Ac- 396.560 Grants and donations for Oregon Military count; disposition of moneys received Museum from sale of real property 396.565 Disposal of property 396.530 Location of new armories; title to ar- mories and grounds MISCELLANEOUS 396.535 Acquisition of property for military use; 396.595 Military Family Appreciation Day payment for use of property 396.600 Task Force on Military Families

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396.010 [Repealed by 1961 c.454 §213] Act, general or special, or of any local law, the provisions of this chapter and ORS GENERAL PROVISIONS chapters 398 and 399 shall be controlling. [1961 c.454 §§3,4] 396.015 Definitions. The terms “unor- ganized militia,” “all or any part of the or- 396.050 [Repealed by 1961 c.454 §213] ganized militia,” and “organized militia or 396.060 [Repealed by 1961 c.454 §213] any force thereof,” whenever used in this 396.070 [Repealed by 1961 c.454 §213] chapter and ORS chapters 398 and 399, un- 396.080 [Repealed by 1961 c.454 §213] less a different meaning is plainly required 396.090 [Repealed by 1961 c.454 §213] by the context, shall be deemed to include 396.100 [Repealed by 1961 c.454 §213] any unit, command, component, element, headquarters, staff or cadre thereof as well COMPOSITION; COMMAND as any member thereof. [1961 c.454 §5(4)] AND STAFF OFFICERS 396.020 [Repealed by 1961 c.454 §213] 396.105 Militia comprised of organized 396.025 Purposes; rules of construc- and unorganized militia. (1) The militia of tion. (1) It is the intent of this chapter and the state shall be divided into the organized ORS chapters 398 and 399 to provide for the militia and the unorganized militia. Oregon Military Department and for the (2) The organized militia shall be com- State Militia and for the organization, equip- posed of the Oregon ment, regulation and use thereof. and the Oregon , which (2) All matters relating to the organiza- forces together with an inactive National tion, discipline and government of the or- Guard shall comprise the Oregon National ganized militia, not otherwise provided for in Guard; the Oregon this chapter and ORS chapters 398 and 399 whenever such a state force shall be duly or in military department regulations issued organized; and such additional forces as may pursuant thereto, shall be decided by the be created by the Governor. customs and usage of the appropriate force (3) The unorganized militia shall consist or forces of the Armed Forces of the United of all able-bodied residents of the state be- States. [1961 c.454 §1; 1989 c.360 §2] tween the ages of 18 and 45 who are not 396.030 [Repealed by 1961 c.454 §213] serving in any force of the organized militia 396.035 Construction against implied or who are not on the state retired list and repeal. This chapter and ORS chapters 398 who are or who have declared their intention and 399 being a general law intended as a to become citizens of the United States; sub- unified coverage of its subject matter, no ject, however, to such exemptions from mili- part of them shall be deemed to be impliedly tary duty as are created by the laws of the repealed by subsequent legislation if such United States. [1961 c.454 §5(1),(2),(3); 1989 c.361 §2; 2005 c.512 §3] construction can reasonably be avoided. [1961 c.454 §2] 396.110 [Repealed by 1961 c.454 §213] 396.040 [Repealed by 1961 c.454 §213] 396.115 Persons exempt from militia 396.045 Severability; conflicts. (1) If service. The following persons shall be ex- any clause, sentence, paragraph or part of empt from militia service: this chapter and ORS chapters 398 and 399 (1) Persons exempt from militia service or the application thereof to any person or by the laws of the United States. circumstances shall, for any reason, be (2) Regular or duly ordained ministers of adjudged by a court of competent jurisdiction religion, or duly elected church officials reg- to be invalid, such judgment shall not affect, ularly conducting church services, or those impair or invalidate the remainder of this recognized by their church as devoting the chapter and ORS chapters 398 and 399, and major portion of their time to the practice the application thereof to other persons or of religion. circumstances, but shall be confined in its operation to the clause, sentence, paragraph (3) Students preparing for the ministry in or part thereof directly involved in the con- accredited theological or divinity schools. troversy in which judgment shall have been (4) Persons whose religious tenets or rendered and to the person or circumstance conscientious scruples forbid them to bear involved. It is hereby declared to be the leg- arms. [1961 c.454 §18] islative intent that this chapter and ORS 396.117 Prohibition on active federal chapters 398 and 399 would have been service of sibling of person killed while in adopted had such invalid provisions not been military; exceptions. (1) If the Adjutant included. General receives notice that an Oregon Na- (2) In so far as the provisions of this tional Guard unit will be called into active chapter and ORS chapters 398 and 399 are federal service outside this state under Title inconsistent with the provisions of any other 10 of the United States Code, the Adjutant

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General may not place or retain a service- (2) The signature without seal of any member in the unit if the servicemember is such person, together with the title of office, the sibling of a person who was killed while is prima facie evidence of authority. [1961 c.454 serving under Title 10 of the United States §198] Code with the Armed Forces of the United 396.125 Governor as Commander in States, unless the Adjutant General has first Chief; military regulations; conflict with provided notice to the Governor. The notice state law. (1) The Governor of this state, by must include documentation of: virtue of office, is the Commander in Chief (a) The determination by the chain of of the militia of this state, and may issue command that placement or retention of the military regulations for the governance of servicemember in the unit is a military ne- the militia. Military regulations issued by cessity to accomplish the unit’s mission; or the Governor shall have the full force and (b) The servicemember’s request for ac- effect of law. To the extent a regulation is- tive federal service with the unit, completed sued under this section conflicts with any in a manner that complies with Oregon Na- other law of this state, the regulation shall tional Guard regulations. supersede the conflicting law. (2) The Oregon Military Department (2) In issuing regulations under this sec- shall adopt regulations as necessary to carry tion, the Governor may give consideration to out the provisions of this section. the laws and regulations of the United States relating to the organization, discipline and (3) This section does not require action training of the militia, to the provisions of by the Oregon National Guard that is con- this chapter and ORS chapters 398 and 399 trary to federal law or regulations, or that and to the laws and regulations governing degrades the readiness of the Oregon Na- the and United States tional Guard to perform federal or state Air Force. missions. [2011 c.395 §1] (3) The Governor may delegate to the Note: 396.117 was enacted into law by the Legisla- Adjutant General authority to issue the reg- tive Assembly but was not added to or made a part of ORS chapter 396 or any series therein by legislative ulations described in this section for the action. See Preface to Oregon Revised Statutes for fur- governance of the militia. [1961 c.454 §6; 2005 ther explanation. c.512 §1; 2013 c.81 §1] 396.120 Authority to administer oaths. 396.128 Operation of regulations (1) The following persons of the organized adopted by Adjutant General; conflict militia may administer oaths for the purposes with state law; Oregon Code of Military of military administration, including military Justice. (1) If the Adjutant General issues justice, and affidavits may be taken for those regulations for the governance of the organ- purposes before those persons who shall have ized militia as provided under ORS 396.125, the general powers of a notary public: the Adjutant General shall specify in the regulations a date on which the regulations (a) The State Judge Advocate and all As- become operative for the purposes of all sistant State Judge Advocates. conduct subject to the regulations occurring (b) All law specialists. on or after the specified date. To the extent (c) All summary courts-martial. a regulation issued under this section con- flicts with a provision of this chapter, ORS (d) All adjutants, assistant adjutants, chapter 398 or 399 or any other law of this acting adjutants, personnel adjutants and state, the regulation shall supersede the other persons of equivalent responsibility conflicting provision or law. who may be assigned a different position title by their respective force. (2) Regulations issued by the Adjutant General under this section and ORS 396.125 (e) All legal officers. that have become operative shall be known (f) The president, law officer, trial coun- and cited as “the Oregon Code of Military sel and assistant trial counsel for all general Justice.” [2005 c.512 §47; 2013 c.81 §2] and special courts-martial. Note: 396.128 was enacted into law by the Legisla- tive Assembly but was not added to or made a part of (g) The president and the counsel for the ORS chapter 396 or any series therein by legislative court of any court of inquiry. action. See Preface to Oregon Revised Statutes for fur- (h) All officers designated to take a de- ther explanation. position. 396.130 Service of organized militia (i) All persons detailed to conduct an in- outside state. (1) The Governor may order the organized militia or any part thereof to vestigation. serve outside the borders of this state or of (j) All other persons designated by mili- the United States in order to perform mili- tary department regulations issued by the tary duty of every description and to partic- Governor. ipate in parades, reviews, cruises,

Title 32 Page 4 (2015 Edition) MILITIA GENERALLY 396.155 conferences, encampments, maneuvers or National Guard shall be represented on the other training, and to participate in small Military Council in proportion to their total arms and other military competitions and to strength. attend service schools. (4) Personal aides-de-camp to the Gover- (2) The provisions of this chapter and nor may be selected from the commissioned ORS chapters 398 and 399 shall apply to the officers of the Oregon National Guard or members of the organized militia while serv- from reserve officers of the Armed Forces of ing without the state and while going to and the United States who are residents of Ore- returning from such service without the gon and who are not serving on extended state in like manner and to the same extent active duty. Officers detailed under this sec- as while serving within the state. [1961 c.454 tion shall not be relieved from their ordinary §15] duties except when actually on duty with the 396.135 Militia call by United States. Governor. When the militia of the state or any part (5) The military staff of the Governor thereof is called forth under the Constitution shall, in addition to its other duties, perform and laws of the United States, the Governor such ceremonial functions and duties as the shall order out for service the organized Governor may prescribe. [1961 c.454 §7; 2005 c.512 militia or such part thereof as may be nec- §4] essary, and if the number available is insuf- 396.150 Adjutant General; appoint- ficient the Governor may call for and accept ment and tenure; qualifications; grade. (1) from the unorganized militia as many volun- The Governor shall appoint an Adjutant teers as are required for service in the or- General who shall hold office for a four-year ganized militia or the Governor may direct term or until relieved by reason of resigna- the members of the unorganized militia or tion, withdrawal of federal recognition or for such of them as the Governor may deem cause to be determined by a court-martial. necessary to be drafted into the organized The current term of an Adjutant General militia. [1961 c.454 §16] continues until its prescribed expiration date 396.140 Registration of unorganized while such Adjutant General is serving in a militia; failure to appear. (1) Whenever the federal active duty status under an order or Governor deems it necessary, the Governor call by the President of the United States. may direct the members of the unorganized Voluntary entry onto extended active duty militia to present themselves for and submit by a person holding the office of Adjutant to registration at such time and place and in General is an automatic resignation of such such manner as may be prescribed by mili- officer. tary department regulations issued pursuant (2) A person is eligible for appointment to this chapter and ORS chapters 398 and to the office of Adjutant General if the per- 399. son is an officer of the Oregon National (2) Any member of the unorganized Guard, federally recognized in the grade of militia who is ordered to register under the lieutenant colonel or higher, and has com- provisions of this section or to be drafted pleted at least six years’ service in the Ore- into the organized militia under ORS 396.135, gon National Guard as a federally recognized and who fails to appear at the time and place officer. designated in such order, shall be guilty of a (3) The Adjutant General may be ap- misdemeanor. [1961 c.454 §17] pointed in the grade of lieutenant colonel or higher, but not exceeding that of lieutenant 396.145 Military staff of Governor; general. If appointed in a lower grade, the Military Council. (1) The military staff of Adjutant General may be promoted by the the Governor shall consist of the Chief of Governor to any grade not exceeding that of Staff to the Governor, the Military Council . [1961 c.454 §8; 2009 c.434 §1] and such personal aides-de-camp as the Gov- ernor shall deem necessary. 396.155 Adjutant General; compensa- tion; bond; traveling expenses. (1) The (2) The Adjutant General shall be Chief Adjutant General shall receive such salary of Staff to the Governor. as may be provided by law or, if not so pro- (3) The Military Council hereby is estab- vided, as may be fixed by the Governor. lished as an advisory board to the Governor (2) Before entering upon the duties of of- for the purpose of advising the Governor in fice, the Adjutant General shall give to the all matters of military interest to the state. state a fidelity bond in such penal sum as It shall consist of the Adjutant General and may be fixed by law or, if not so fixed, as not fewer than 6 nor more than 10 officers may be fixed by the Governor, with a corpo- of the Oregon National Guard selected for rate surety who is authorized to do business their knowledge of the service. The Oregon in this state. The premium for such bond Army National Guard and the Oregon Air shall be paid by the military department.

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(3) The Adjutant General shall be reim- officers, with dates of commission and all bursed for actual and necessary traveling changes occurring in the commissioned expenses. [1961 c.454 §9] forces. 396.160 Adjutant General; duties. (1) (9) The Adjutant General shall record, The Adjutant General shall be the Director authenticate and communicate to troops and of the Oregon Military Department, and individuals of the militia all orders, instruc- Chief of Staff to the Governor. The Adjutant tions and regulations. General shall be the Commander of the Ore- (10) The Adjutant General shall cause to gon National Guard. be procured, printed and circulated to those (2) The Adjutant General shall be concerned all books, blank forms, laws, reg- charged, under the direction of the Governor, ulations or other publications governing the with the supervision of all matters pertaining militia needful to the proper administration, to the administration, discipline, mobiliza- operation and training thereof or to carry tion, organization and training of the Oregon into effect the provisions of this chapter and National Guard and the Oregon State De- ORS chapters 398 and 399. fense Force. (11) The Adjutant General shall have an (3) The Adjutant General shall perform appropriate seal of office and affix its im- all duties required by the laws of the United pression to all certificates of record issued States and of the State of Oregon, and the from the office of the Adjutant General. regulations issued thereunder, now or here- (12) The Adjutant General shall render after promulgated. such professional aid and assistance and per- (4) The Adjutant General may employ form such military duties, not otherwise as- such deputies, assistants and other personnel signed, as may be ordered by the Governor. as the Adjutant General shall deem neces- sary to assist the Adjutant General in the (13) The Adjutant General shall, in time performance of those duties required of the of peace, perform the duties of quartermaster Adjutant General as Director of the Oregon general and chief of ordnance. Military Department. The Adjutant General (14) The Adjutant General may issue shall fix the compensation of such deputies, regulations as described in ORS 396.125 (1) assistants and other personnel in accordance if authority is delegated to the Adjutant with then existing state laws, budgetary re- General by the Governor. [1961 c.454 §10; 1989 strictions and employment policies. c.360 §3; 1989 c.361 §3; 2001 c.104 §137; 2005 c.512 §2] (5) The Adjutant General shall supervise 396.165 Assistant Adjutants General. the preparation and submission of all returns (1) The Adjutant General may appoint three and reports pertaining to the militia of the Assistant Adjutants General, two from the state as may be required by the United Army National Guard of Oregon and one States. from the Air National Guard of Oregon who (6) The Adjutant General shall be the shall serve at the pleasure of the Adjutant channel of official military correspondence General or until relieved by reason of resig- with the Governor, and shall, on or before nation, withdrawal of federal recognition or November 1 of each year, make a report to for cause to be determined by a court- the Governor of the transactions, expendi- martial. Voluntary entry onto extended ac- tures and condition of the Oregon National tive duty by a person holding the office of Guard. The report shall include the report Assistant Adjutant General shall be deemed of the United States Property and Fiscal Of- automatic resignation of such officer. ficer. (2) To be eligible for appointment to the (7) The Adjutant General shall be the office of Assistant Adjutant General, a per- custodian of records of officers and enlisted son must be an officer of the Oregon Na- personnel and all other records and papers tional Guard, federally recognized in the required by law or regulations to be filed in grade of lieutenant colonel or higher, and the office of the Adjutant General. The Ad- must have completed at least six years ser- jutant General may deposit with the State vice in the Oregon National Guard as a Archivist for safekeeping in the official cus- federally recognized officer. tody, records of the office of the Adjutant (3) An Assistant Adjutant General may General that are used for historical purposes be appointed in the grade of lieutenant colo- rather than the administrative purposes as- nel or higher, but not exceeding that of signed to the office of the Adjutant General . An Assistant Adjutant by law. General may be promoted by the Governor (8) The Adjutant General shall attest and to any grade not exceeding that of brigadier record all military commissions issued by the general, to serve in such grade only upon Governor and keep a roll of all commissioned receipt of federal recognition therein.

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(4) The Assistant Adjutants General shall duly qualified and appointed Assistant Adju- perform such duties as may be assigned by tant General, the Governor may designate an the Adjutant General. Acting Adjutant General who shall assume (5) An Assistant Adjutant General shall temporarily the responsibilities and powers be compensated at a rate determined by the and perform all duties required of the Adju- Oregon Department of Administrative Ser- tant General until such time as an Adjutant vices. General is regularly appointed and qualified. An Acting Adjutant General designated un- (6) In any absence of the Adjutant Gen- der this provision shall have the same quali- eral caused by death or other inability to fications as are required for the appointment perform the duties of the office, the Governor of an Adjutant General. or the Adjutant General may designate an Assistant Adjutant General to be the Acting (3) The Acting Adjutant General serving Adjutant General. Except when the Governor under the terms of this section shall be or the Adjutant General designates another compensated as determined by the Governor, of the Assistant Adjutants General to be the but the amount shall not exceed that au- Acting Adjutant General, the Assistant Ad- thorized for a regularly appointed Adjutant jutant General senior in military grade shall General. assume the responsibilities and powers and (4) The Acting Adjutant General, before perform all the duties required of the Adju- entering upon the duties of office, shall give tant General, and shall be Acting Adjutant to the state a fidelity bond in such penal sum General. An officer serving as Acting Adju- as may be fixed by law, or if not so fixed, as tant General under this section shall con- may be approved by the Governor, with a tinue to receive the salary authorized for an corporate surety who is authorized to do Assistant Adjutant General, when the officer business in this state. The premium for such is a state employee, but shall otherwise re- bond shall be paid by the military depart- ceive the salary authorized for the Adjutant ment. [1961 c.454 §12; 1963 c.62 §2] General. The Acting Adjutant General shall 396.175 United States Property and serve until the Adjutant General is again Fiscal Officer. (1) The Adjutant General able to perform the duties of the office, or if shall recommend to the Governor, who shall such office is vacant, until an Adjutant Gen- appoint, designate or detail, subject to the eral is regularly appointed and qualified. approval of the Secretary of the Army and While so serving, the Acting Adjutant Gen- the Secretary of the Air Force, a qualified eral shall give to the state a fidelity bond in commissioned officer of the Oregon National the same manner and in the same sum as is Guard who is also a commissioned officer of required from the Adjutant General. [1961 c.454 §11; 1963 c.62 §1; 1983 c.534 §1; 1999 c.96 §1] the Army National Guard of the United States or the Air National Guard of the 396.170 Acting Adjutant General. (1) If United States, as the case may be, to be the the federally recognized Oregon National United States Property and Fiscal Officer for Guard, or any portion thereof, is called or Oregon. If the officer is not on active federal ordered to active federal duty by the Presi- duty, the President may order the officer to dent, and if such call or order shall include active duty, with the consent of the officer, the Adjutant General and Assistant Adju- to serve as a Property and Fiscal Officer as tants General, the Governor may appoint an provided in section 708 of title 32, United Acting Adjutant General who shall assume States Code. The United States Property and the responsibilities and powers and perform Fiscal Officer shall function under the direc- all duties required of the Adjutant General, tion of the Adjutant General, and cooperate and who shall be selected from the federally fully with National Guard Regulations and recognized officers not called or ordered to Air National Guard Regulations and the reg- active duty and who meet the qualifications ulations and policies of the Department of established for the appointment of an Adju- the Army and Air Force. The United States tant General, or if no such officer is avail- Property and Fiscal Officer may serve until able, then from the following: 60 years of age if otherwise qualified. (a) Officers of the National Guard Re- (2) As long as the position of the United serve. States Property and Fiscal Officer is covered (b) Inactive or retired officers of the Or- by a Position Schedule Bond authorized by egon National Guard. the United States Code, and such position bonding is automatic upon acceptance of (c) Army or Air Force officers who have property accountability, no further bonding retired and are residents of the State of Or- action on the part of the state or the indi- egon. vidual appointed shall be required. [1961 c.454 (2) If, on the occurrence of a vacancy in §13] the office of Adjutant General, there is no 396.180 [1961 c.454 §14; repealed by 1971 c.418 §23]

Title 32 Page 7 (2015 Edition) 396.305 MILITARY AFFAIRS; EMERGENCY SERVICES

OREGON MILITARY DEPARTMENT and duties. Such organization or reorganiza- tion shall be approved by the Governor prior 396.305 Oregon Military Department; to implementation. [1961 c.454 §22] duties and functions. (1) The Oregon Mili- tary Department is established. The depart- 396.325 Army and air technicians as ment, under the direction of the Governor, federal employees. Army and air techni- shall be responsible as provided in this cians are federal civilian employees author- chapter and ORS chapters 398 and 399 for ized by section 709, title 32, United States the supervision of the military affairs of the Code and paid from federal funds allocated state. to the state. As such they are subject to the (2) The military department shall prepare jurisdiction and control of the Adjutant and promulgate necessary regulations for the General. [1961 c.454 §23; 1969 c.367 §1] organization, governance, armament, equip- 396.330 Employees of military depart- ment, training and compensation of the ment; civil service status; conditions of militia of the state in conformity with the employment; application of civil service provisions of this chapter, ORS chapters 398 and employment laws. (1) State employees and 399 and the laws of the United States. of the Oregon Military Department who are Regulations so made shall be subject to the not otherwise members of the Oregon Na- approval of the Governor. tional Guard may be required as a condition (3) The military department shall make of employment to obtain membership in the such changes in the of Oregon State Defense Force when in the the Oregon National Guard as are necessary judgment of the Adjutant General the mem- from time to time to conform to the require- bership maintains or enhances the readiness ments of the laws of the United States and and stability of the department to provide the directives of the National Guard Bureau. services if the need for Oregon State Defense (4) The military department shall fix the Force assistance should arise. The decision location of the units and headquarters of the of the Adjutant General shall be carried out Oregon National Guard, and shall, subject to by written regulation and shall not be sub- the approval of the National Guard Bureau, ject to collective bargaining. transfer, attach, consolidate or inactivate (2) Members of the Oregon National any organization or unit when in its judg- Guard or Oregon State Defense Force who ment the efficiency of the present organiza- are ordered to state active duty under the tion will be increased thereby. provisions of ORS chapter 399 shall be con- (5) The military department shall have sidered as being in the military service of the the power to establish awards and deco- state and shall be considered temporary em- rations and to approve the design therefor. ployees of the military department. [1961 c.454 §19; 1989 c.360 §4; 2005 c.512 §34] (3) State employees of the military de- 396.310 Enumeration of duties not ex- partment may be ordered to state active duty clusive. The enumeration of duties and under ORS chapter 399 without jeopardizing functions in ORS 396.305 to 396.360 and their status as regular employees. Employees 396.505 to 396.545 shall not be deemed exclu- so ordered must be in an authorized leave sive nor construed as a limitation on the status from their regular military department powers and authorities vested in the depart- employment during the period served on ac- ment by other provisions of law. [1961 c.454 §20] tive duty. 396.315 Adjutant General as director (4) State employees of the military de- of department. (1) The military department partment shall be subject to ORS chapter 240 shall be under the supervision and control or 243 when performing as regular em- of the Adjutant General, who shall also serve ployees. as director of the department, and who shall (5) Members of the Oregon National be appointed by the Governor as provided in Guard who are serving under Title 10 or Ti- ORS 396.150. tle 32 of the United States Code are not eli- (2) The Adjutant General shall be re- gible, by reason of that service, for the rights sponsible for the performance of the duties or benefits of public employees granted or imposed upon the department, and for such authorized by ORS chapter 236, 237, 238, other duties as may be prescribed by this 238A, 240 or 243. Except as required by fed- chapter and ORS chapters 398 and 399, or by eral law or regulation, ORS chapters 652, the Governor. [1961 c.454 §21] 653, 654, 656, 657, 659, 659A, 661 and 663 do not apply to members of the Oregon National 396.320 Organization of department. Guard who are serving under Title 10 or Ti- The Adjutant General shall organize and re- tle 32 of the United States Code. [1961 c.454 organize the military department as neces- §24; 1969 c.367 §2; 1989 c.361 §4; 1995 c.571 §1; 1999 c.96 sary to the accomplishment of its functions §2; 2001 c.621 §78; 2003 c.733 §78]

Title 32 Page 8 (2015 Edition) MILITIA GENERALLY 396.360

396.332 Authority of Oregon Military 396.355 Property loss incident to ac- Department to require fingerprints for tivities of organized militia. (1) As used in criminal records check. For the purpose of this section, “settle” means consider, ascer- requesting a state or nationwide criminal re- tain, adjust, determine and dispose of a cords check under ORS 181A.195, the Oregon claim, whether by full or partial allowance Military Department may require the finger- or by disallowance. prints of: (2) Under such military department regu- (1) A person who is applying for or is lations as the Governor may prescribe, the employed in a position in a job category for Governor or, subject to appeal to the Gover- which a state or nationwide criminal records nor, the Adjutant General, may settle and check is a job qualifier and in which person- pay in an amount not more than $500 a claim nel: against the state for: (a) Are assigned to the at-risk youth al- (a) Damage to or loss of real property, ternative education program; including damage or loss incident to use and occupancy; and (b) Are issued firearms and munitions; (b) Damage to or loss of personal prop- (c) Have fiscal and purchasing responsi- erty, either caused by a member of the or- bilities as their primary responsibilities; or ganized militia acting within the scope of (d) Have regular access to restricted assigned duties, or otherwise incident to areas within a military installation. noncombat activities of the organized militia. (2) A person who is applying to join the (3) A claim may be allowed under sub- section (2) of this section only if: organized militia of this state, as described in ORS 396.105, or is a member of the or- (a) It is presented in writing within one ganized militia of this state. [2001 c.407 §2; 2005 year after it accrues; c.730 §§21,79] (b) It is not payable under section 2733 396.335 Drawing warrants. Unless oth- or 2734 of title 10, United States Code, under erwise specially provided in this chapter and section 2672 of title 28, United States Code ORS chapters 398 and 399, warrants on the or under section 715 of title 32, United State Treasury for all duly authenticated States Code; bills of the military department as approved (c) The damage to, or loss of, property by the Adjutant General or the person des- was not caused wholly or partly by a negli- ignated by the Adjutant General, in favor of gent or wrongful act of the claimant, agent the persons to whom the state is indebted for or employee of the claimant; and military purposes shall be drawn and paid in (d) It is substantiated as prescribed in the same way other claims against the state regulations issued pursuant to this chapter are paid. [1961 c.454 §25; 1975 c.614 §12] and ORS chapters 398 and 399. 396.340 Receipt and disposition of cer- (4) No claim may be paid under this sec- tain federal moneys. The Adjutant General tion unless the amount tendered is accepted may accept, receive and receipt for moneys by the claimant in full satisfaction. made available from the federal government (5) Notwithstanding any other provision in connection with maintenance service con- of law, the settlement of a claim under this tracts for federal property used by the state. section is final and conclusive. All federal moneys received by the Adjutant General under this section shall be deposited (6) Claims approved for payment under in the State Treasury in the Military De- this section shall be paid from moneys avail- able to the military department. [1961 c.454 §29; partment Miscellaneous Receipts Account to 1963 c.169 §6; 1981 c.471 §1] be available for Oregon Military Department expenses. [1961 c.454 §27; 1973 c.297 §1; 1989 c.360 §5] 396.360 Department programs for at- risk youth; policies and procedures. (1) 396.345 Disposition of receipts gener- The Oregon Military Department may adopt ally. The moneys received by the Adjutant reasonable policies or procedures for any General from fines imposed by courts-martial program operated by the military department and, except as provided in ORS 279A.280, for at-risk youth where attendance by at-risk 279A.285 and 283.110, the moneys received youth is voluntary. The policies or proce- from other miscellaneous sources shall be dures adopted by the military department deposited in the General Fund in the State may include but are not limited to drug test- Treasury, to be available for general govern- ing policies designed to ensure that a person mental expenses. [1961 c.454 §26; 1963 c.169 §5; 1965 enrolled in the program is not engaging in c.445 §1; 2003 c.794 §272] unlawful drug use. 396.350 [1961 c.454 §28; 1975 c.614 §13; 1979 c.95 §4; (2) The military department may adopt repealed by 2013 c.722 §6] policies or procedures pursuant to subsection

Title 32 Page 9 (2015 Edition) 396.362 MILITARY AFFAIRS; EMERGENCY SERVICES

(1) of this section by regulation or may pro- logical and other barriers to reintegration vide notice of policies or procedures to at- into civilian life. [2011 c.128 §1] risk youth prior to enrollment in the Note: 396.375 was enacted into law by the Legisla- program. tive Assembly but was not added to or made a part of ORS chapter 396 or any series therein by legislative (3) The results of any drug test performed action. See Preface to Oregon Revised Statutes for fur- pursuant to this section shall be used solely ther explanation. for the purpose of determining eligibility for enrollment or continuing attendance in the ARMORIES, CAMPS program and shall not be used against the AND OTHER PROPERTY person in any criminal prosecution. [1999 c.1053 §49; 2005 c.512 §35] 396.505 Definition of “armory” for 396.362 Oregon Military Emergency ORS 396.505 to 396.545. As used in ORS Financial Assistance Program. (1) The 396.505 to 396.545, “armory” means any Oregon Military Emergency Financial As- building, together with the grounds upon sistance Program is created in the Oregon which it is situated, used for the storage and Military Department. The purpose of the maintenance of military property or the program is to provide hardship grants and training of troops, and in addition real prop- loans to members and immediate family of erty acquired or held in contemplation of members of the Oregon National Guard on such use. [1961 c.454 §30; 2001 c.104 §138] active duty. 396.510 Control of armories and (2) The department shall adopt regu- camps; care of property. (1) The military lations implementing subsection (1) of this department shall have control of armories section, including but not limited to estab- and shall prescribe the regulations governing lishing procedures for applying for a hard- the same. All state and United States prop- ship grant or loan and criteria for erty must, as far as possible, be kept in them, determining eligibility to receive a hardship and the commanders of troops using the ar- grant or loan. mories will be held responsible for the safe- keeping and proper care of such property and (3) As used in this section, “immediate its protection against damage, misappropri- family” means a spouse, child or stepchild. [2005 c.836 §9] ation or loss. Armories, while occupied by troops, shall be considered military posts un- Note: 396.362 and 396.364 were enacted into law by the Legislative Assembly but were not added to or made der the exclusive jurisdiction of the officer a part of ORS chapter 396 or any series therein by leg- commanding the post. islative action. See Preface to Oregon Revised Statutes (2) The military reservations known as for further explanation. Camp Rilea, purchased for the State of Ore- 396.364 Oregon Military Emergency gon; Camp Withycombe, transferred to the Financial Assistance Fund. The Oregon state by the federal government; and any Military Emergency Financial Assistance military reservations acquired in the future; Fund is established in the State Treasury, and any property licensed or leased to the separate and distinct from the General Fund. state by the federal government for military The Oregon Military Emergency Financial use, shall be under the control of the mili- Assistance Fund shall consist of moneys ap- tary department. [1961 c.454 §31] propriated to the fund by the Legislative As- 396.515 Sale, exchange or lease of mil- sembly and moneys contributed through the itary department property. (1) Subject to charitable checkoff program described in the restriction contained in subsection (4) of ORS 316.491. Moneys in the fund are contin- this section, the Oregon Military Department uously appropriated to the Oregon Military may sell, exchange or lease any military de- Department for the purposes of funding partment real property that is found to have hardship grants and loans described in ORS become unsuitable for military department 396.362. Interest earned by the fund shall be purposes. The Adjutant General shall make credited to the fund. [2005 c.836 §10] a determination of the unsuitability of the Note: See note under 396.362. property for military department purposes 396.366 [2009 c.870 §1; repealed by 2013 c.722 §6] and the advisability or necessity of sale, ex- 396.370 [2005 c.831 §11; 2012 c.106 §11; 2013 c.236 §4; change or lease of the property. repealed by 2013 c.722 §6] (2) Title to any real property sold or ex- 396.375 Report to legislature on mili- changed shall be given in the name of the tary cultural barriers. On or before Octo- State of Oregon, and the deed conveying the ber 1 of each even-numbered year, the title shall be signed by the Adjutant General. Oregon Military Department shall report to Title to real property received in exchange a legislative committee dealing with the mil- of military department real property shall be itary on the existing military cultural barri- taken in the name of the State of Oregon, ers that discourage service members from and the control of the property shall be identifying their medical, emotional, psycho- vested in the military department.

Title 32 Page 10 (2015 Edition) MILITIA GENERALLY 396.540

(3) Military department real property leasing, renting or otherwise acquiring owned jointly by the State of Oregon and the buildings or parts thereof, grounds, premises, United States, or military department real offices, rooms, warehouses, garages, shops property subject to federal restrictions in and storage areas for the use of the depart- conflict with ORS 396.505 to 396.545, shall, ment or any unit of the organized militia. with appropriate federal authorization, be For such purpose the military department, subject to the provisions of ORS 396.505 to subject to the review and supervision of the 396.545. Oregon Department of Administrative Ser- (4) Prior to the sale of military depart- vices as required by ORS 276.428 and 276.429, ment real property, the military department may make and execute contracts and agree- shall submit to the Legislative Assembly, or ments the legal form and sufficiency of to the Emergency Board or the Joint Interim which shall first be approved by the Attorney Committee on Ways and Means when the General. legislature is not in session, the proposed (2) Costs and charges in connection with sale of military department real property, for the acquisition and use of property under approval. [1961 c.454 §32; 2003 c.28 §1; 2008 c.18 §9; this section shall be paid from funds appro- 2012 c.107 §12] priated for the use of the military depart- 396.520 Applicability of laws governing ment and shall not be general obligations of sale, exchange or lease of military de- the State of Oregon. [1961 c.454 §36] partment property generally. The sale, ex- 396.540 Use of armories. (1) Armories change or lease of Oregon Military may be used by members and units of the Department real property, as authorized in organized militia in accordance with regu- ORS 396.515, which the State of Oregon lations issued pursuant to this chapter and owns or in which it has an equitable interest ORS chapters 398 and 399. or estate, shall be subject to the provisions of ORS 270.020, 273.225 to 273.241. [1961 c.454 (2) Armories may be used by any §33; 2003 c.28 §2] veterans’ organizations and their auxiliaries 396.525 Military Department Con- located in the community where the armory struction Account; disposition of moneys is located, provided such use will not inter- received from sale of real property. (1) fere with the use of the facilities by the or- The Military Department Construction Ac- ganized militia or result in risk to federal or count, separate and distinct from the General state property, and provided that the organ- Fund, is established in the State Treasury. ization makes a written request therefor and Moneys received by the State of Oregon in pays for heat, lights, janitor service and payment for military department real prop- other expense required by such use. erty sold shall be deposited in the Military (3) Armories may be used by any federal, Department Construction Account. All mon- state, county and municipal bureau, agency eys in the account are appropriated contin- or department or by the Armed Forces of the uously and shall be used by the military United States, including the Coast Guard, or department for capital construction expenses. by the reserve components thereof for their (2) Interest received on deposits credited official business, provided that such use does to the Military Department Construction not interfere with the members and units of Account shall accrue to and become part of the organized militia stationed in such ar- the Military Department Construction Ac- mory, and provided that such use is approved count. [1961 c.454 §34; 1973 c.297 §2; 1989 c.254 §1] by the officer in charge thereof and by mili- tary superiors as prescribed by military de- 396.530 Location of new armories; title partment regulations issued pursuant to this to armories and grounds. Armories may be chapter and ORS chapters 398 and 399. constructed in locations not already provided with armories or in which existing armories (4) Armories may be rented for use by a are inadequate, where one or more units of person, firm, association or corporation, not the organized militia, fully organized under specified elsewhere in this section, for such this chapter and ORS chapters 398 and 399, purposes and upon such terms as may be ap- may be located and where, in the judgment proved by the officer in charge of the armory of the military department, it will be most and by military superiors as prescribed by convenient to the units, and where most military department regulations issued pur- needed. All title to the armory and grounds suant to this chapter and ORS chapters 398 upon which it is situated shall vest in the and 399 and provided that such use will not, State of Oregon. [1961 c.454 §35; 2011 c.87 §1] and only so long as such use does not, inter- fere with the use of the armory by the mem- 396.535 Acquisition of property for military use; payment for use of prop- bers and units of the organized militia erty. (1) The military department shall be a stationed therein. body corporate and shall have the powers of (5) The Oregon National Guard Associ- a corporation for the purpose of purchasing, ation described in ORS 399.460 may use an

Title 32 Page 11 (2015 Edition) 396.545 MILITARY AFFAIRS; EMERGENCY SERVICES

armory or other military facility at no cost, armory is by a federal, state, county or mu- provided that the use is approved by the of- nicipal bureau, agency or department or by ficer in charge and by military superiors as any of the Armed Forces of the United prescribed by military department regu- States or any of the reserve components lations issued pursuant to this chapter and thereof, or by any reserve officers training ORS chapters 398 and 399. [1961 c.454 §37; 1991 c.421 §1; 2003 c.28 §3; 2011 c.87 §2] unit, the Adjutant General, in the dis- cretion of the Adjutant General, may require 396.545 Leases and agreements for use the execution of a contract or agreement for of armories. (1) The person, firm, associ- such use, upon such terms and conditions as ation or corporation applying for the rental the Adjutant General may prescribe. [1961 of an armory or space within an armory shall c.454 §38; 1973 c.297 §3; 1989 c.360 §6] execute and deliver a written agreement 396.555 Oregon Military Museum es- which shall include among its provisions its tablished at Camp Withycombe. (1) The full name and address, the purpose for which Oregon Military Museum is established at such use is desired, the nature and manner Camp Withycombe in Clackamas County. of the intended use of such space, a reason- The Oregon Military Department shall es- able rental to be paid for such use and the tablish an official repository in the museum amounts to be paid for heating, lighting, for military weapons, documents and arti- janitorial and other services connected with facts relating to the military history of the such use. The terms and provisions of such citizens of Oregon, whether service is in the agreement shall be governed by military de- Oregon National Guard or the Army, Navy, partment regulations issued pursuant to this Air Force, Marine Corps or Coast Guard of chapter and ORS chapters 398 and 399, the United States. which regulations shall include provisions designed to prevent unfair competition with (2) The department may enter into privately owned property and business. agreements with the contributors of such ar- tifacts as it considers necessary. [1975 c.235 §2; (2) No agreement for use made under this 1989 c.360 §7; 2001 c.656 §1] section shall be effective until such agree- 396.560 Grants and donations for Ore- ment or lease has been approved and exe- gon Military Museum. The Oregon Military cuted by the officer in charge of the armory Department may seek, solicit, receive and and has been approved by military superiors administer monetary grants or donations for as prescribed by military department regu- the support and improvement of the Oregon lations issued pursuant to this chapter and Military Museum established under ORS ORS chapters 398 and 399. 396.555. Grants and donations so received are (3) No agreement or lease made under continuously appropriated to the Oregon this section may be assigned in whole or in Military Department for the purposes of this part nor may such space or any part thereof section and ORS 396.565. [1977 c.118 §2; 1989 c.360 be sublet to or used by a person, firm, asso- §8; 2001 c.656 §2] ciation or corporation not a party to such 396.565 Disposal of property. The Ore- agreement, unless each assignment, sublet- gon Military Department may donate, ex- ting or use is first approved in writing by the change or otherwise dispose of property not officer in charge of the armory. required for the current or anticipated needs (4) All moneys paid or given, directly or of the Oregon Military Museum. Disposal indirectly, for the use of an armory or to ob- shall be made in a manner appropriate to the tain an agreement or permission to use the historic or intrinsic value of the property armory shall be use fees within the meaning and shall be performed to engender goodwill of this section and shall be paid to the officer and to improve the museum. [1977 c.118 §3; 1989 in charge of the armory. Any person other c.360 §9; 2001 c.656 §3] than the officer in charge of the armory who receives any such moneys shall immediately MISCELLANEOUS pay over the moneys to the officer in charge 396.595 Military Family Appreciation of the armory, who shall immediately for- Day. May 8 of each year shall be known as ward such moneys for deposit in the Military Military Family Appreciation Day. [2009 c.84 Department Miscellaneous Receipts Account §1] in the State Treasury to be available for Or- Note: 396.595 was enacted into law by the Legisla- egon Military Department expenses. tive Assembly but was not added to or made a part of ORS chapter 396 or any series therein by legislative (5) Notwithstanding any of the provisions action. See Preface to Oregon Revised Statutes for fur- of ORS 396.505 to 396.545, when use of an ther explanation.

Title 32 Page 12 (2015 Edition) MILITIA GENERALLY 396.600

396.600 Task Force on Military Fami- (d) Prepare materials and conduct out- lies. (1) The Task Force on Military Families reach to assist in bridging the gap between is established, consisting of at least nine military and civilian sectors; members appointed by the Governor as fol- (e) Educate the public about the needs of lows: military families; and (a) At least one parent of a member of (f) Identify, review and propose the military or one parent of a veteran; community-based initiatives, programs, tools (b) At least one family member of a per- and resources to assist military families. son who was killed in action during an (5) A majority of the voting members of armed conflict while serving in the Armed the task force constitutes a quorum for the Forces of the United States; transaction of business. (c) At least one family member of a per- (6) Official action by the task force re- son who has been awarded the Purple Heart quires the approval of a majority of the vot- for wounds received in combat; ing members of the task force. (7) The task force shall elect one of its (d) At least one adolescent dependent of members to serve as chairperson. a veteran who was a member of the Oregon National Guard; (8) The task force shall meet at times and places specified by the call of the chairper- (e) At least one spouse of a member of son or of a majority of the voting members the military or a veteran; of the task force. (f) At least one representative of the De- (9) The task force may establish subcom- partment of Veterans’ Affairs; and mittees of its members as it determines to be (g) At least one representative of the Or- necessary to assist the task force in the per- egon National Guard who works on issues formance of its duties. relating to military families. (10) The task force may adopt rules nec- (2) In selecting the members of the task essary for the operation of the task force. force, the Governor shall strive to include (11) The Department of Veterans’ Affairs members representing: and the Oregon Military Department shall provide staff support to the task force. (a) All geographic areas of this state; (12) Members of the task force are not (b) All branches of the military; and entitled to compensation, but may be reim- (c) Active duty, Oregon National Guard bursed for actual and necessary travel and and reserve units. other expenses incurred by them in the per- (3) The term of each member of the task formance of their official duties in the man- force is four years, but a member serves at ner and amounts provided for in ORS the pleasure of the Governor. Before the ex- 292.495. Claims for expenses shall be paid out piration of the term of a member, the Gover- of funds appropriated to the Department of nor shall appoint a successor. A member is Veterans’ Affairs and the Oregon Military eligible for reappointment. If there is a va- Department for purposes of the task force. cancy for any cause, the Governor shall (13) All agencies of state government, as make an appointment to become immediately defined in ORS 174.111, are directed to assist effective for the unexpired term. A member the task force in the performance of its du- may not be appointed to serve more than two ties and, to the extent permitted by laws re- consecutive terms on the task force. lating to confidentiality, to furnish such information and advice as the members of (4) The task force shall: the task force consider necessary to perform (a) Review and evaluate proposals for their duties. [2011 c.727 §1] legislation relating to military families; Note: 396.600 was enacted into law by the Legisla- tive Assembly but was not added to or made a part of (b) Provide witnesses to testify before the ORS chapter 396 or any series therein by legislative Legislative Assembly; action. See Preface to Oregon Revised Statutes for fur- (c) Conduct meetings with military fami- ther explanation. lies throughout this state;

Title 32 Page 13 (2015 Edition) MILITARY AFFAIRS; EMERGENCY SERVICES

Title 32 Page 14 (2015 Edition)