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TITLE 32 MILITARY AFFAIRS; EMERGENCY SERVICES Chapter

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TITLE 32 MILITARY AFFAIRS; EMERGENCY SERVICES Chapter TITLE 32 MILITARY AFFAIRS; EMERGENCY SERVICES Chapter 396. Militia 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 2017 EDITION Militia Generally GENERAL PROVISIONS OREGON 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 Adjutant General as director of depart- 396.045 Severability; conflicts ment 396.320 Organization of department COMPOSITION; COMMAND 396.325 Army and air technicians as federal em- AND STAFF OFFICERS ployees 396.105 Militia comprised of organized and unor- 396.330 Employees of military department; civil ganized militia service status; conditions of employment; 396.115 Persons exempt from militia service application of civil service and employ- ment laws 396.117 Prohibition on active federal service of sibling of person killed while in military; 396.332 Authority of Oregon Military Department exceptions to require fingerprints for criminal re- cords check 396.120 Authority to administer oaths 396.335 Drawing warrants 396.125 Governor as Commander in Chief; military 396.340 Receipt and disposition of certain federal regulations; conflict with state law moneys 396.128 Operation of regulations adopted by Ad- 396.345 Disposition of receipts generally jutant General; conflict with state law; Oregon Code of Military Justice 396.355 Property loss incident to activities of or- ganized militia 396.130 Service of organized militia outside state 396.360 Department programs for at-risk youth; 396.135 Militia call by United States policies and procedures 396.140 Registration of unorganized militia; fail- 396.362 Oregon Military Emergency Financial As- ure to appear sistance Program 396.145 Military staff of Governor 396.364 Oregon Military Emergency Financial As- sistance Fund 396.150 Adjutant General; appointment and ten- ure; qualifications; grade 396.375 Report to legislature on military cultural barriers 396.155 Adjutant General; compensation; bond; traveling expenses ARMORIES, CAMPS 396.160 Adjutant General; duties AND OTHER PROPERTY 396.165 Assistant Adjutants 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 Title 32 Page 1 (2017 Edition) MILITARY AFFAIRS; EMERGENCY SERVICES 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 Camp Withycombe 396.525 Military Department Construction Ac- count; disposition of moneys received 396.560 Grants and donations for Oregon Military from sale of real property Museum 396.530 Location of new armories; title to ar- 396.565 Disposal of property mories and grounds 396.535 Acquisition of property for military use; MISCELLANEOUS payment for use of property 396.595 Military Family Appreciation Day Title 32 Page 2 (2017 Edition) MILITIA GENERALLY 396.117 396.010 [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 Army National Guard ment, regulation and use thereof. and the Oregon Air National Guard, 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 Civil Defense Force this chapter and ORS chapters 398 and 399 whenever such a force shall be duly organ- or in military department regulations issued ized; and such additional forces as may be pursuant thereto, shall be decided by the 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; 2017 c.472 §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 Title 32 Page 3 (2017 Edition) 396.120 MILITARY AFFAIRS; EMERGENCY SERVICES 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.
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