2007 Oregon Code - Chapter 396 :: TITLE 32
TITLE 32
MILITARY
AFFAIRS; EMERGENCY SERVICES
Chapter 396. Militia Generally
398. Military Justice
399. Organized Militia
401. Emergency Services and Communications
_______________
Chapter 396
Militia Generally
2007 EDITION
MILITIA GENERALLY
MILITARY AFFAIRS; EMERGENCY SERVICES
GENERAL PROVISIONS
396.015 Definitions
396.025 Purposes;
rules of construction
396.035 Construction
against implied repeal
396.045 Severability;
conflicts
COMPOSITION; COMMAND AND STAFF OFFICERS
396.105 Militia
comprised of organized and unorganized militia
396.115 Persons
exempt from militia service
396.120 Authority
to administer oaths
396.125 Governor
as Commander in Chief; military regulations
396.128 Operation
of regulations adopted by Adjutant General
396.130 Service
of organized militia outside state
396.135 Militia
call by
396.140 Registration
of unorganized militia; failure to appear
396.145 Military
staff of Governor; Military Council
396.150 Adjutant
General; appointment and tenure; qualifications; grade
396.155 Adjutant
General; compensation; bond; traveling expenses
396.160 Adjutant
General; duties
396.165 Assistant
Adjutants General
396.170 Acting
Adjutant General
396.175
OREGON MILITARY DEPARTMENT
396.305 Oregon
Military Department; duties and functions
396.310 Enumeration
of duties not exclusive
396.315 Adjutant
General as director of department
396.320 Organization
of department
396.325 Army
and air technicians as federal employees
396.330 Employees
of military department; civil service status; conditions of employment;
application of civil service and employment laws
396.332 Authority
of Oregon Military Department to require fingerprints for criminal records
check
396.335 Drawing
warrants
396.340 Receipt
and disposition of certain federal moneys
396.345 Disposition
of receipts generally
396.350 Military
Department Revolving Fund
396.355 Property
loss incident to activities of organized militia
396.360 Department
programs for at-risk youth; policies and procedures
396.362
396.364
396.370 Reimbursement
for cost of certain hunting licenses
ARMORIES, CAMPS AND OTHER PROPERTY
396.505 Definition
of armory for ORS 396.505 to 396.545
396.510 Control
of armories and camps; care of property
396.515
396.520 Applicability
of laws governing sale, exchange or lease of military department property
generally
396.525 Military
Department Construction Account; disposition of moneys received from sale of
real property
396.530 Location
of new armories; title to armories and grounds
396.535 Acquisition
of property for military use; payment for use of property
396.540 Use
of armories
396.545 Leases
and agreements for use of armories
396.555 Oregon
Military Museum established at
396.560 Grants
and donations for
396.565 Disposal
of property
396.010 [Repealed by 1961 c.454 §213]
GENERAL PROVISIONS
396.015
Definitions. The terms unorganized
militia, all or any part of the organized militia, and organized militia or
any force thereof, whenever used in this chapter and ORS chapters 398 and 399,
unless a different meaning is plainly required by the context, shall be deemed
to include any unit, command, component, element, headquarters, staff or cadre
thereof as well as any member thereof. [1961 c.454 §5(4)]
396.020 [Repealed by 1961 c.454 §213]
396.025
Purposes; rules of construction. (1) It is the intent of this chapter and ORS chapters 398 and 399 to
provide for the Oregon Military Department and for the State Militia and for
the organization, equipment, regulation and use thereof.
(2) All matters relating to the
organization, discipline and government of the organized militia, not otherwise
provided for in this chapter and ORS chapters 398 and 399 or in military
department regulations issued pursuant thereto, shall be decided by the customs
and usage of the appropriate force or forces of the Armed Forces of the
396.030 [Repealed by 1961 c.454 §213]
396.035
Construction against implied repeal. This chapter and ORS chapters 398 and 399 being a general law intended
as a unified coverage of its subject matter, no part of them shall be deemed to
be impliedly repealed by subsequent legislation if such construction can
reasonably be avoided. [1961 c.454 §2]
396.040 [Repealed by 1961 c.454 §213]
396.045
Severability; conflicts. (1)
If any clause, sentence, paragraph or part of this chapter and ORS chapters 398
and 399 or the application thereof to any person or circumstances shall, for
any reason, be adjudged by a court of competent jurisdiction to be invalid,
such judgment shall not affect, impair or invalidate the remainder of this
chapter and ORS chapters 398 and 399, and the application thereof to other
persons or circumstances, but shall be confined in its operation to the clause,
sentence, paragraph or part thereof directly involved in the controversy in
which judgment shall have been rendered and to the person or circumstance
involved. It is hereby declared to be the legislative intent that this chapter
and ORS chapters 398 and 399 would have been adopted had such invalid
provisions not been included.
(2) In so far as the provisions of this
chapter and ORS chapters 398 and 399 are inconsistent with the provisions of
any other Act, general or special, or of any local law, the provisions of this
chapter and ORS chapters 398 and 399 shall be controlling. [1961 c.454 §§3,4]
396.050 [Repealed by 1961 c.454 §213]
396.060 [Repealed by 1961 c.454 §213]
396.070 [Repealed by 1961 c.454 §213]
396.080 [Repealed by 1961 c.454 §213]
396.090 [Repealed by 1961 c.454 §213]
396.100 [Repealed by 1961 c.454 §213]
COMPOSITION;
COMMAND AND STAFF OFFICERS
396.105
Militia comprised of organized and unorganized militia. (1) The militia of the state shall be
divided into the organized militia and the unorganized militia.
(2) The organized militia shall be
composed of the Oregon Army National Guard and the Oregon Air National Guard,
which forces together with an inactive National Guard shall comprise the Oregon
National Guard; the Oregon State Defense Force whenever such a state force
shall be duly organized; and such additional forces as may be created by the
Governor.
(3) The unorganized militia shall consist
of all able-bodied residents of the state between the ages of 18 and 45 who are
not serving in any force of the organized militia or who are not on the state
retired list and who are or who have declared their intention to become
citizens of the United States; subject, however, to such exemptions from
military duty as are created by the laws of the United States. [1961 c.454 §5(1),(2),(3);
1989 c.361 §2; 2005 c.512 §3]
396.110 [Repealed by 1961 c.454 §213]
396.115
Persons exempt from militia service. The following persons shall be exempt from militia service:
(1) Persons exempt from militia service by
the laws of the
(2) Regular or duly ordained ministers of
religion, or duly elected church officials regularly conducting church
services, or those recognized by their church as devoting the major portion of
their time to the practice of religion.
(3) Students preparing for the ministry in
accredited theological or divinity schools.
(4) Persons whose religious tenets or
conscientious scruples forbid them to bear arms. [1961 c.454 §18]
396.120
Authority to administer oaths.
(1) The following persons of the organized militia may administer oaths for the
purposes of military administration, including military justice, and affidavits
may be taken for those purposes before those persons who shall have the general
powers of a notary public:
(a) The State Judge Advocate and all
Assistant State Judge Advocates.
(b) All law specialists.
(c) All summary courts-martial.
(d) All adjutants, assistant adjutants,
acting adjutants, personnel adjutants and other persons of equivalent
responsibility who may be assigned a different position title by their
respective force.
(e) All legal officers.
(f) The president, law officer, trial
counsel and assistant trial counsel for all general and special courts-martial.
(g) The president and the counsel for the
court of any court of inquiry.
(h) All officers designated to take a
deposition.
(i) All persons detailed to conduct an
investigation.
(j) All other persons designated by
military department regulations issued by the Governor.
(2) The signature without seal of any such
person, together with the title of office, is prima facie evidence of
authority. [1961 c.454 §198]
396.125
Governor as Commander in Chief; military regulations. (1) The Governor of the state, by virtue of
office, is the Commander in Chief of the militia of the state, and may issue
military regulations for the governance of the militia. Military regulations
issued by the Governor shall have the same force and effect as the provisions
of this chapter and ORS chapters 398 and 399. In issuing such regulations, the
Governor may give consideration to the laws and regulations of the United
States relating to the organization, discipline and training of the militia, to
the provisions of this chapter and ORS chapters 398 and 399 and to the laws and
regulations governing the United States Army and United States Air Force. The
military regulations in force on July 15, 2005, shall remain in force until new
regulations are approved and promulgated.
(2) The Governor may delegate to the
Adjutant General authority to issue the regulations described in subsection (1)
of this section for the governance of the militia. [1961 c.454 §6; 2005 c.512 §1]
396.128
Operation of regulations adopted by Adjutant General. If the Adjutant General adopts regulations
for the organization, discipline and governance of the organized militia, the
Adjutant General shall specify in the regulations a date on which the
regulations become operative for the purposes of all conduct occurring on or
after the specified date. The provisions of ORS chapters 396, 398 and 399 do
not apply to any conduct occurring on or after the specified date. [2005 c.512 §47]
Note: 396.128 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 396 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
396.130
Service of organized militia outside state. (1) The Governor may order the organized militia or any part thereof
to serve outside the borders of this state or of the United States in order to
perform military duty of every description and to participate in parades,
reviews, cruises, conferences, encampments, maneuvers or other training, and to
participate in small arms and other military competitions and to attend service
schools.
(2) The provisions of this chapter and ORS
chapters 398 and 399 shall apply to the members of the organized militia while
serving without the state and while going to and returning from such service without
the state in like manner and to the same extent as while serving within the
state. [1961 c.454 §15]
396.135
Militia call by
396.140
Registration of unorganized militia; failure to appear. (1) Whenever the Governor deems it
necessary, the Governor may direct the members of the unorganized militia to
present themselves for and submit to registration at such time and place and in
such manner as may be prescribed by military department regulations issued
pursuant to this chapter and ORS chapters 398 and 399.
(2) Any member of the unorganized militia
who is ordered to register under the provisions of this section or to be
drafted into the organized militia under ORS 396.135, and who fails to appear
at the time and place designated in such order, shall be guilty of a
misdemeanor. [1961 c.454 §17]
396.145
Military staff of Governor; Military Council. (1) The military staff of the Governor shall consist of the Chief of
Staff to the Governor, the Military Council and such personal aides-de-camp as
the Governor shall deem necessary.
(2) The Adjutant General shall be Chief of
Staff to the Governor.
(3) The Military Council hereby is
established as an advisory board to the Governor for the purpose of advising
the Governor in all matters of military interest to the state. It shall consist
of the Adjutant General and not fewer than 6 nor more than 10 officers of the
Oregon National Guard selected for their knowledge of the service. The Oregon
Army National Guard and the Oregon Air National Guard shall be represented on
the Military Council in proportion to their total strength.
(4) Personal aides-de-camp to the Governor
may be selected from the commissioned officers of the Oregon National Guard or
from reserve officers of the Armed Forces of the
(5) The military staff of the Governor
shall, in addition to its other duties, perform such ceremonial functions and
duties as the Governor may prescribe. [1961 c.454 §7; 2005 c.512 §4]
396.150
Adjutant General; appointment and tenure; qualifications; grade. (1) The Governor shall appoint an Adjutant
General who shall hold office for a four-year term or until relieved by reason
of resignation, withdrawal of federal recognition or for cause to be determined
by a court-martial. The current term of an Adjutant General shall continue
until its prescribed expiration date while such Adjutant General is serving in
a federal active duty status under an order or call by the President of the
(2) To be eligible for appointment to the
office of Adjutant General, a person must be an officer of the Oregon National
Guard, federally recognized in the grade of lieutenant colonel or higher, and
must have completed at least six years service in the Oregon National Guard as
a federally recognized officer.
(3) The Adjutant General may be appointed
in the grade of lieutenant colonel or higher, but not exceeding that of major
general. If appointed in a lower grade, the Adjutant General may be promoted by
the Governor to any grade not exceeding that of major general, to serve in such
grade only upon receipt of federal recognition therein. [1961 c.454 §8]
396.155
Adjutant General; compensation; bond; traveling expenses. (1) The Adjutant General shall receive such
salary as may be provided by law or, if not so provided, as may be fixed by the
Governor.
(2) Before entering upon the duties of
office, the Adjutant General shall give to the state a fidelity bond in such
penal sum as may be fixed by law or, if not so fixed, as may be fixed by the
Governor, with a corporate surety who is authorized to do business in this
state. The premium for such bond shall be paid by the military department.
(3) The Adjutant General shall be
reimbursed for actual and necessary traveling expenses. [1961 c.454 §9]
396.160
Adjutant General; duties.
(1) The Adjutant General shall be the Director of the Oregon Military
Department, and Chief of Staff to the Governor. The Adjutant General shall be
the Commander of the Oregon National Guard.
(2) The Adjutant General shall be charged,
under the direction of the Governor, with the supervision of all matters pertaining
to the administration, discipline, mobilization, organization and training of
the Oregon National Guard and the Oregon State Defense Force.
(3) The Adjutant General shall perform all
duties required by the laws of the
(4) The Adjutant General may employ such
deputies, assistants and other personnel as the Adjutant General shall deem
necessary to assist the Adjutant General in the performance of those duties
required of the Adjutant General as Director of the Oregon Military Department.
The Adjutant General shall fix the compensation of such deputies, assistants
and other personnel in accordance with then existing state laws, budgetary restrictions
and employment policies.
(5) The Adjutant General shall supervise
the preparation and submission of all returns and reports pertaining to the
militia of the state as may be required by the
(6) The Adjutant General shall be the channel
of official military correspondence with the Governor, and shall, on or before
November 1 of each year, make a report to the Governor of the transactions,
expenditures and condition of the Oregon National Guard. The report shall
include the report of the United States Property and Fiscal Officer.
(7) The Adjutant General shall be the
custodian of records of officers and enlisted personnel and all other records
and papers required by law or regulations to be filed in the office of the
Adjutant General. The Adjutant General may deposit with the State Archivist for
safekeeping in the official custody, records of the office of the Adjutant
General that are used for historical purposes rather than the administrative
purposes assigned to the office of the Adjutant General by law.
(8) The Adjutant General shall attest and
record all military commissions issued by the Governor and keep a roll of all
commissioned officers, with dates of commission and all changes occurring in
the commissioned forces.
(9) The Adjutant General shall record,
authenticate and communicate to troops and individuals of the militia all
orders, instructions and regulations.
(10) The Adjutant General shall cause to
be procured, printed and circulated to those concerned all books, blank forms,
laws, regulations or other publications governing the militia needful to the
proper administration, operation and training thereof or to carry into effect
the provisions of this chapter and ORS chapters 398 and 399.
(11) The Adjutant General shall have an
appropriate seal of office and affix its impression to all certificates of
record issued from the office of the Adjutant General.
(12) The Adjutant General shall render
such professional aid and assistance and perform such military duties, not otherwise
assigned, as may be ordered by the Governor.
(13) The Adjutant General shall, in time
of peace, perform the duties of quartermaster general and chief of ordnance.
(14) The Adjutant General may issue
regulations as described in ORS 396.125 (1) if authority is delegated to the
Adjutant General by the Governor. [1961 c.454 §10; 1989 c.360 §3; 1989 c.361 §3;
2001 c.104 §137; 2005 c.512 §2]
396.165
Assistant Adjutants General.
(1) The Adjutant General may appoint three Assistant Adjutants General, two
from the Army National Guard of Oregon and one from the Air National Guard of
Oregon who shall serve at the pleasure of the Adjutant General or until
relieved by reason of resignation, withdrawal of federal recognition or for
cause to be determined by a court-martial. Voluntary entry onto extended active
duty by a person holding the office of Assistant Adjutant General shall be
deemed automatic resignation of such officer.
(2) To be eligible for appointment to the
office of Assistant Adjutant General, a person must be an officer of the Oregon
National Guard, federally recognized in the grade of lieutenant colonel or
higher, and must have completed at least six years service in the Oregon
National Guard as a federally recognized officer.
(3) An Assistant Adjutant General may be
appointed in the grade of lieutenant colonel or higher, but not exceeding that
of brigadier general. An Assistant Adjutant General may be promoted by the
Governor to any grade not exceeding that of brigadier general, to serve in such
grade only upon receipt of federal recognition therein.
(4) The Assistant Adjutants General shall
perform such duties as may be assigned by the Adjutant General.
(5) An Assistant Adjutant General shall be
compensated at a rate determined by the Oregon Department of Administrative
Services.
(6) In any absence of the Adjutant General
caused by death or other inability to perform the duties of the office, the
Governor or the Adjutant General may designate an Assistant Adjutant General to
be the Acting Adjutant General. Except when the Governor or the Adjutant
General designates another of the Assistant Adjutants General to be the Acting
Adjutant General, the Assistant Adjutant General senior in military grade shall
assume the responsibilities and powers and perform all the duties required of
the Adjutant General, and shall be Acting Adjutant General. An officer serving
as Acting Adjutant General under this section shall continue to receive the
salary authorized for an Assistant Adjutant General, when the officer is a
state employee, but shall otherwise receive the salary authorized for the
Adjutant General. The Acting Adjutant General shall serve until the Adjutant
General is again able to perform the duties of the office, or if such office is
vacant, until an Adjutant General is regularly appointed and qualified. While
so serving, the Acting Adjutant General shall give to the state a fidelity bond
in the same manner and in the same sum as is required from the Adjutant
General. [1961 c.454 §11; 1963 c.62 §1; 1983 c.534 §1; 1999 c.96 §1]
396.170
Acting Adjutant General. (1)
If the federally recognized Oregon National Guard, or any portion thereof, is
called or ordered to active federal duty by the President, and if such call or
order shall include the Adjutant General and Assistant Adjutants General, the
Governor may appoint an Acting Adjutant General who shall assume the
responsibilities and powers and perform all duties required of the Adjutant
General, and who shall be selected from the federally recognized officers not
called or ordered to active duty and who meet the qualifications established
for the appointment of an Adjutant General, or if no such officer is available,
then from the following:
(a) Officers of the National Guard
Reserve.
(b) Inactive or retired officers of the
Oregon National Guard.
(c) Army or Air Force officers who have
retired and are residents of the State of
(2) If, on the occurrence of a vacancy in
the office of Adjutant General, there is no duly qualified and appointed
Assistant Adjutant General, the Governor may designate an Acting Adjutant
General who shall assume temporarily the responsibilities and powers and
perform all duties required of the Adjutant General until such time as an
Adjutant General is regularly appointed and qualified. An Acting Adjutant
General designated under this provision shall have the same qualifications as
are required for the appointment of an Adjutant General.
(3) The Acting Adjutant General serving
under the terms of this section shall be compensated as determined by the
Governor, but the amount shall not exceed that authorized for a regularly
appointed Adjutant General.
(4) The Acting Adjutant General, before
entering upon the duties of office, shall give to the state a fidelity bond in such
penal sum as may be fixed by law, or if not so fixed, as may be approved by the
Governor, with a corporate surety who is authorized to do business in this
state. The premium for such bond shall be paid by the military department. [1961
c.454 §12; 1963 c.62 §2]
396.175
(2) As long as the position of the United
States Property and Fiscal Officer is covered by a Position Schedule Bond
authorized by the United States Code, and such position bonding is automatic
upon acceptance of property accountability, no further bonding action on the
part of the state or the individual appointed shall be required. [1961 c.454 §13]
396.180 [1961 c.454 §14; repealed by 1971 c.418 §23]
OREGON
MILITARY DEPARTMENT
396.305
Oregon Military Department; duties and functions. (1) The Oregon Military Department is
established. The department, under the direction of the Governor, shall be
responsible as provided in this chapter and ORS chapters 398 and 399 for the
supervision of the military affairs of the state.
(2) The military department shall prepare
and promulgate necessary regulations for the organization, governance,
armament, equipment, training and compensation of the militia of the state in
conformity with the provisions of this chapter, ORS chapters 398 and 399 and
the laws of the United States. Regulations so made shall be subject to the
approval of the Governor.
(3) The military department shall make
such changes in the military organization of the Oregon National Guard as are
necessary from time to time to conform to the requirements of the laws of the
(4) The military department shall fix the
location of the units and headquarters of the Oregon National Guard, and shall,
subject to the approval of the National Guard Bureau, transfer, attach,
consolidate or inactivate any organization or unit when in its judgment the
efficiency of the present organization will be increased thereby.
(5) The military department shall have the
power to establish awards and decorations and to approve the design therefor. [1961
c.454 §19; 1989 c.360 §4; 2005 c.512 §34]
396.310
Enumeration of duties not exclusive. The enumeration of duties and functions in ORS 396.305 to 396.360 and
396.505 to 396.545 shall not be deemed exclusive nor construed as a limitation
on the powers and authorities vested in the department by other provisions of
law. [1961 c.454 §20]
396.315
Adjutant General as director of department. (1) The military department shall be under the supervision and control
of the Adjutant General, who shall also serve as director of the department,
and who shall be appointed by the Governor as provided in ORS 396.150.
(2) The Adjutant General shall be
responsible for the performance of the duties imposed upon the department, and
for such other duties as may be prescribed by this chapter and ORS chapters 398
and 399, or by the Governor. [1961 c.454 §21]
396.320
Organization of department.
The Adjutant General shall organize and reorganize the military department as
necessary to the accomplishment of its functions and duties. Such organization
or reorganization shall be approved by the Governor prior to implementation. [1961
c.454 §22]
396.325
Army and air technicians as federal employees. Army and air technicians are federal
civilian employees authorized by section 709, title 32, United States Code and
paid from federal funds allocated to the state. As such they are subject to the
jurisdiction and control of the Adjutant General. [1961 c.454 §23; 1969 c.367 §1]
396.330
Employees of military department; civil service status; conditions of
employment; application of civil service and employment laws. (1) State employees of the Oregon Military
Department who are not otherwise members of the Oregon National Guard may be
required as a condition of employment to obtain membership in the Oregon State
Defense Force when in the judgment of the Adjutant General the membership
maintains or enhances the readiness and stability of the department to provide
services if the need for Oregon State Defense Force assistance should arise.
The decision of the Adjutant General shall be carried out by written regulation
and shall not be subject to collective bargaining.
(2) Members of the Oregon National Guard
or Oregon State Defense Force who are ordered to state active duty under the
provisions of ORS chapter 399 shall be considered as being in the military
service of the state and shall be considered temporary employees of the
military department.
(3) State employees of the military
department may be ordered to state active duty under ORS chapter 399 without
jeopardizing their status as regular employees. Employees so ordered must be in
an authorized leave status from their regular military department employment
during the period served on active duty.
(4) State employees of the military
department shall be subject to ORS chapter 240 or 243 when performing as
regular employees.
(5) Members of the Oregon National Guard
who are serving under Title 10 or Title 32 of the United States Code are not
eligible, by reason of that service, for the rights or benefits of public
employees granted or authorized by ORS chapter 236, 237, 238, 238A, 240 or 243.
Except as required by federal law or regulation, ORS chapters 652, 653, 654,
656, 657, 659, 659A, 661 and 663 do not apply to members of the Oregon National
Guard who are serving under Title 10 or Title 32 of the United States Code. [1961
c.454 §24; 1969 c.367 §2; 1989 c.361 §4; 1995 c.571 §1; 1999 c.96 §2; 2001
c.621 §78; 2003 c.733 §78]
396.332
Authority of Oregon Military Department to require fingerprints for criminal
records check. For the
purpose of requesting a state or nationwide criminal records check under ORS
181.534, the Oregon Military Department may require the fingerprints of:
(1) A person who is applying for or is
employed in a position in a job category for which a state or nationwide
criminal records check is a job qualifier and in which personnel:
(a) Are assigned to the at-risk youth
alternative education program;
(b) Are issued firearms and munitions;
(c) Have fiscal and purchasing
responsibilities as their primary responsibilities; or
(d) Have regular access to restricted
areas within a military installation.
(2) A person who is applying to join the
organized militia of this state, as described in ORS 396.105, or is a member of
the organized militia of this state. [2001 c.407 §2; 2005 c.730 §§21,79]
396.335
Drawing warrants. Unless
otherwise specially provided in this chapter and ORS chapters 398 and 399,
warrants on the State Treasury for all duly authenticated bills of the military
department as approved by the Adjutant General or the person designated by the
Adjutant General, in favor of the persons to whom the state is indebted for
military purposes shall be drawn and paid in the same way other claims against
the state are paid. [1961 c.454 §25; 1975 c.614 §12]
396.340
Receipt and disposition of certain federal moneys. The Adjutant General may accept, receive and
receipt for moneys made available from the federal government in connection
with maintenance service contracts for federal property used by the state. All
federal moneys received by the Adjutant General under this section shall be
deposited in the State Treasury in the Military Department Miscellaneous
Receipts Account to be available for Oregon Military Department expenses. [1961
c.454 §27; 1973 c.297 §1; 1989 c.360 §5]
396.345
Disposition of receipts generally. The moneys received by the Adjutant General from fines imposed by
courts-martial and, except as provided in ORS 279A.280, 279A.285 and 283.110,
the moneys received from other miscellaneous sources shall be deposited in the
General Fund in the State Treasury, to be available for general governmental
expenses. [1961 c.454 §26; 1963 c.169 §5; 1965 c.445 §1; 2003 c.794 §272]
396.350
Military Department Revolving Fund. (1) A revolving fund not to exceed $25,000 for the use of the military
department hereby is established for the purpose of providing funds to pay
expenses of the department where it is necessary to make immediate cash
payments to obtain trade discounts and for travel, postage, expressage,
emergency advances and items which are payable immediately in cash upon
presentation. The revolving fund shall be deposited with the State Treasury.
The Adjutant General, or the person designated by the Adjutant General in
writing filed with the Oregon Department of Administrative Services, may draw
checks or orders upon the State Treasurer payable from the revolving fund in
making disbursements for the purposes listed in this subsection.
(2) The revolving fund shall be reimbursed
at least once each month by submission of a duly approved claim for payment
from the account or fund appropriated and available for payment of authorized
expenses of the military department. [1961 c.454 §28; 1975 c.614 §13; 1979 c.95
§4]
396.355
Property loss incident to activities of organized militia. (1) As used in this section, settle means
consider, ascertain, adjust, determine and dispose of a claim, whether by full
or partial allowance or by disallowance.
(2) Under such military department
regulations as the Governor may prescribe, the Governor or, subject to appeal
to the Governor, the Adjutant General, may settle and pay in an amount not more
than $500 a claim against the state for:
(a) Damage to or loss of real property,
including damage or loss incident to use and occupancy; and
(b) Damage to or loss of personal
property, either caused by a member of the organized militia acting within the
scope of assigned duties, or otherwise incident to noncombat activities of the
organized militia.
(3) A claim may be allowed under
subsection (2) of this section only if:
(a) It is presented in writing within one
year after it accrues;
(b) It is not payable under section 2733
or 2734 of title 10, United States Code, under section 2672 of title 28, United
States Code or under section 715 of title 32, United States Code;
(c) The damage to, or loss of, property
was not caused wholly or partly by a negligent or wrongful act of the claimant,
agent or employee of the claimant; and
(d) It is substantiated as prescribed in
regulations issued pursuant to this chapter and ORS chapters 398 and 399.
(4) No claim may be paid under this
section unless the amount tendered is accepted by the claimant in full
satisfaction.
(5) Notwithstanding any other provision of
law, the settlement of a claim under this section is final and conclusive.
(6) Claims approved for payment under this
section shall be paid from moneys available to the military department. [1961
c.454 §29; 1963 c.169 §6; 1981 c.471 §1]
396.360
Department programs for at-risk youth; policies and procedures. (1) The Oregon Military Department may adopt
reasonable policies or procedures for any program operated by the military
department for at-risk youth where attendance by at-risk youth is voluntary.
The policies or procedures adopted by the military department may include but
are not limited to drug testing policies designed to ensure that a person
enrolled in the program is not engaging in unlawful drug use.
(2) The military department may adopt
policies or procedures pursuant to subsection (1) of this section by regulation
or may provide notice of policies or procedures to at-risk youth prior to
enrollment in the program.
(3) The results of any drug test performed
pursuant to this section shall be used solely for the purpose of determining
eligibility for enrollment or continuing attendance in the program and shall
not be used against the person in any criminal prosecution. [1999 c.1053 §49;
2005 c.512 §35]
396.362
(2) The department shall adopt regulations
implementing subsection (1) of this section, including but not limited to
establishing procedures for applying for a hardship grant or loan and criteria
for determining eligibility to receive a hardship grant or loan.
(3) As used in this section, immediate
family means a spouse, child or stepchild. [2005 c.836 §9]
Note: 396.362 and 396.364 were enacted into law by
the Legislative Assembly but were not added to or made a part of ORS chapter
396 or any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
396.364
Note: See note under 396.362.
396.370
Reimbursement for cost of certain hunting licenses. (1) As used in this section, active member
of the Armed Forces of the
(2) A person may apply to the Oregon
Military Department for reimbursement for the cost of a resident annual hunting
license to hunt wildlife issued to the person under ORS 497.102 and a resident
annual angling license issued to the person under ORS 497.121 if the person:
(a) Is an active member of the Armed Forces
of the
(b) Has retired from the Armed Forces of
the
(3) The department shall reimburse a
person described in subsection (2) of this section for the cost of a resident
annual hunting license to hunt wildlife and a resident annual angling license
upon receipt of the persons application.
(4) The department shall adopt regulations
implementing subsection (3) of this section. [2005 c.831 §11]
Note: 396.370 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 396 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
ARMORIES,
CAMPS AND OTHER PROPERTY
396.505
Definition of armory for ORS 396.505 to 396.545. As used in ORS 396.505 to 396.545, armory
means any building, together with the grounds upon which it is situated, used
for the storage and maintenance of military property or the training of troops,
and in addition real property acquired or held in contemplation of such use. [1961
c.454 §30; 2001 c.104 §138]
396.510
Control of armories and camps; care of property. (1) The military department shall have
control of armories and shall prescribe the regulations governing the same. All
state and
(2) The military reservations known as
396.515
(2) Title to any real property sold or
exchanged shall be given in the name of the State of
(3) Military department real property
owned jointly by the State of Oregon and the United States, or military
department real property subject to federal restrictions in conflict with ORS
396.505 to 396.545, shall, with appropriate federal authorization, be subject
to the provisions of ORS 396.505 to 396.545.
(4) Prior to the sale of military
department real property, the military department shall submit to the
Legislative Assembly if in regular session, or to the Emergency Board when the
legislature is not in regular session, the proposed sale of military department
real property, for approval. [1961 c.454 §32; 2003 c.28 §1]
396.520
Applicability of laws governing sale, exchange or lease of military department
property generally. The
sale, exchange or lease of Oregon Military Department real property, as
authorized in ORS 396.515, which the State of
396.525
Military Department Construction Account; disposition of moneys received from
sale of real property. (1)
The Military Department Construction Account, separate and distinct from the
General Fund, is established in the State Treasury. Moneys received by the
State of
(2) Interest received on deposits credited
to the Military Department Construction Account shall accrue to and become part
of the Military Department Construction Account. [1961 c.454 §34; 1973 c.297 §2;
1989 c.254 §1]
396.530
Location of new armories; title to armories and grounds. Armories may be constructed in such cities
not already provided with armories or in which existing armories are
inadequate, where one or more units of the organized militia, fully organized
under this chapter and ORS chapters 398 and 399, may be located and where, in the
judgment of the military department, it will be most convenient to the units,
and where most needed. All title to the armory and grounds upon which it is
situated shall vest in the State of
396.535
Acquisition of property for military use; payment for use of property. (1) The military department shall be a body
corporate and shall have the powers of a corporation for the purpose of
purchasing, leasing, renting or otherwise acquiring buildings or parts thereof,
grounds, premises, offices, rooms, warehouses, garages, shops and storage areas
for the use of the department or any unit of the organized militia. For such
purpose the military department, subject to the review and supervision of the
Oregon Department of Administrative Services as required by ORS 276.428 and
276.429, may make and execute contracts and agreements the legal form and
sufficiency of which shall first be approved by the Attorney General.
(2) Costs and charges in connection with
the acquisition and use of property under this section shall be paid from funds
appropriated for the use of the military department and shall not be general
obligations of the State of
396.540
Use of armories. (1)
Armories may be used by members and units of the organized militia in
accordance with regulations issued pursuant to this chapter and ORS chapters
398 and 399.
(2) Armories may be used by any veterans
organizations and their auxiliaries located in the city, town or community
where the armory is located, provided such use will not interfere with the use
of the facilities by the organized militia or result in risk to federal or
state property, and provided that the organization makes a written request
therefor and pays for heat, lights, janitor service and other expense required
by such use.
(3) Armories may be used by any federal,
state, county and municipal bureau, agency or department or by the Armed Forces
of the United States, including the Coast Guard, or by the reserve components
thereof for their official business, provided that such use does not interfere
with the members and units of the organized militia stationed in such armory,
and provided that such use is approved by the officer in charge thereof and by
military superiors as prescribed by military department regulations issued
pursuant to this chapter and ORS chapters 398 and 399.
(4) Armories may be rented for use by a
person, firm, association or corporation, not specified elsewhere in this
section, for such purposes and upon such terms as may be approved by the
officer in charge of the armory and by military superiors as prescribed by
military department regulations issued pursuant to this chapter and ORS
chapters 398 and 399 and provided that such use will not, and only so long as
such use does not, interfere with the use of the armory by the members and
units of the organized militia stationed therein.
(5) The Oregon National Guard Association
described in ORS 399.460 may use an armory or other military facility at no
cost, provided that the use is approved by the officer in charge and by
military superiors as prescribed by military department regulations issued
pursuant to this chapter and ORS chapters 398 and 399. [1961 c.454 §37; 1991
c.421 §1; 2003 c.28 §3]
396.545
Leases and agreements for use of armories. (1) The person, firm, association or corporation applying for the
rental of an armory or space within an armory shall execute and deliver a
written agreement which shall include among its provisions its full name and
address, the purpose for which such use is desired, the nature and manner of
the intended use of such space, a reasonable rental to be paid for such use and
the amounts to be paid for heating, lighting, janitorial and other services
connected with such use. The terms and provisions of such agreement shall be
governed by military department regulations issued pursuant to this chapter and
ORS chapters 398 and 399, which regulations shall include provisions designed
to prevent unfair competition with privately owned property and business.
(2) No agreement for use made under this
section shall be effective until such agreement or lease has been approved and
executed by the officer in charge of the armory and has been approved by
military superiors as prescribed by military department regulations issued
pursuant to this chapter and ORS chapters 398 and 399.
(3) No agreement or lease made under this
section may be assigned in whole or in part nor may such space or any part
thereof be sublet to or used by a person, firm, association or corporation not
a party to such agreement, unless each assignment, subletting or use is first
approved in writing by the officer in charge of the armory.
(4) All moneys paid or given, directly or
indirectly, for the use of an armory or to obtain an agreement or permission to
use the armory shall be use fees within the meaning of this section and shall
be paid to the officer in charge of the armory. Any person other than the
officer in charge of the armory who receives any such moneys shall immediately
pay over the moneys to the officer in charge of the armory, who shall
immediately forward such moneys for deposit in the Military Department
Miscellaneous Receipts Account in the State Treasury to be available for Oregon
Military Department expenses.
(5) Notwithstanding any of the provisions
of ORS 396.505 to 396.545, when use of an armory is by a federal, state, county
or municipal bureau, agency or department or by any of the Armed Forces of the
United States or any of the reserve components thereof, or by any reserve
officers training corps unit, the Adjutant General, in the discretion of the
Adjutant General, may require the execution of a contract or agreement for such
use, upon such terms and conditions as the Adjutant General may prescribe. [1961
c.454 §38; 1973 c.297 §3; 1989 c.360 §6]
396.555
(2) The department may enter into
agreements with the contributors of such artifacts as it considers necessary. [1975
c.235 §2; 1989 c.360 §7; 2001 c.656 §1]
396.560
Grants and donations for
396.565
Disposal of property. The
Oregon Military Department may donate, exchange or otherwise dispose of
property not required for the current or anticipated needs of the
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