2007 Oregon Code - Chapter 399 :: Chapter 399 - Organized Militia
Chapter 399 —
Organized Militia
2007 EDITION
ORGANIZED MILITIA
MILITARY AFFAIRS; EMERG ENCY SERVICES
ORGANIZATION, TRAINING, ADMINISTRATION AND
OPERATIONS
399.015Â Â Â Â Army
National Guard
399.025Â Â Â Â Air
National Guard
399.035Â Â Â Â
399.045Â Â Â Â Organization
and training; equality of treatment and opportunity
399.055Â Â Â Â Assemblies,
periodic training and other duty
399.065Â Â Â Â Ordering
organized militia into active state service; martial law
399.075Â Â Â Â Ordering
organized militia to active state duty; pay and allowances
399.085Â Â Â Â Credit
for active federal service
399.095Â Â Â Â Militia
unit funds
399.105Â Â Â Â Militia
unit facilities
399.115Â Â Â Â Trespassers
and disturbers to be placed in arrest; sales and gambling prohibited
399.125Â Â Â Â Repossession
of military property by state
399.135Â Â Â Â Right
of way on public streets and highways
399.145Â Â Â Â Free
passage through tollgates and tunnels and over tollbridges and ferries
399.150Â Â Â Â Oaths
and affirmations
399.155Â Â Â Â Unlawful
wearing of uniform or insignia
RIGHTS AND PRIVILEGES OF MEMBERS
399.205Â Â Â Â Complaints
of wrongs
399.210Â Â Â Â Eligibility
to state office of federally paid members of organized militia
399.215Â Â Â Â Exemption
from jury duty
399.225Â Â Â Â Relief
from civil or criminal liability; security for costs; exemption from civil
process
399.230Â Â Â Â Employment
rights of members of organized militia when called into active state service
399.235Â Â Â Â Violation
of ORS 399.230 as unlawful employment practice; complaint; remedies and
penalties
399.238Â Â Â Â Applications
for relief of obligations or liabilities or stay of civil or administrative
proceedings by state service members
399.240Â Â Â Â Limitation
on rate of interest incurred by state service members during period of active
service
399.245Â Â Â Â Definitions
for ORS 399.245 to 399.265
399.255Â Â Â Â Scholarship
program; award; duration; ineligible courses of study
399.265Â Â Â Â Award
prior to completion of service requirement; repayment required after
insufficient service
399.275Â Â Â Â Tuition
waiver program; amount of waiver; qualifications; priority
399.280Â Â Â Â Eligibility;
required period of military service; repayment required after withdrawal from
courses or insufficient service
COMMISSIONED AND WARRANT OFFICERS
399.405Â Â Â Â Appointment
of commissioned officers
399.410Â Â Â Â Applicability
of chapter to warrant officers
399.415Â Â Â Â Qualifications
of officers; oath
399.420Â Â Â Â Assignment
and transfer of officers; residence of officers
399.425Â Â Â Â Resignations
399.430Â Â Â Â Absence
without leave considered resignation
399.435Â Â Â Â Efficiency
and medical examining boards; appointment
399.440Â Â Â Â Efficiency
and medical examining boards; procedure and functions
399.445Â Â Â Â Officer
bonds
399.450Â Â Â Â Responsibility
for public property
399.456Â Â Â Â Uniform
allowance
399.460Â Â Â Â
ENLISTED PERSONNEL
399.505Â Â Â Â Enlistment,
period of service, transfer, discharge and extensions of enlistments
399.510Â Â Â Â Contract
and oath of enlistment
399.515Â Â Â Â Sections
to be explained
399.520Â Â Â Â Noncommissioned
officers
399.525Â Â Â Â Discharges
399.530Â Â Â Â Dropping
from rolls
PENALTIES
399.990Â Â Â Â Penalties
     399.010 [Repealed by 1961 c.454 §213]
ORGANIZATION, TRAINING, ADMINISTRATION AND
OPERATIONS
     399.015
Army National Guard. The
ground force of the organized militia shall be the Army
National Guard and
shall be composed of the army units which are a part of the Oregon National
Guard on August 9,
1961, and such units as may be authorized thereafter, including the
personnel who are
enlisted, appointed or commissioned therein. All persons who are members of
the Army National
Guard shall be federally recognized as such. [1961 c.454 §39]
     399.020 [Repealed by 1961 c.454 §213]
     399.025
Air National Guard. The air
force of the organized militia shall be the Air National Guard and shall be
composed of the air force units which are a part of the Oregon National Guard
on August 9, 1961, and such units as may be authorized thereafter, including
the personnel who are enlisted, appointed or commissioned therein. All persons
who are members of the Air National Guard shall be federally recognized as
such. [1961 c.454 §40]
     399.030 [Repealed by 1961 c.454 §213]
     399.035
     (2) In time of peace the Oregon State
Defense Force shall be maintained at cadre strength in numbers to be determined
by the Governor.
     (3) In time of peace the mission of the
Oregon State Defense Force shall be to augment the Oregon National Guard as an
internal security force. In time of war, it shall replace the Oregon National
Guard as a state force when the National Guard is ordered into federal service.
     (4) Whenever laws of the
     399.040 [Repealed by 1961 c.454 §213]
     399.045
Organization and training; equality of treatment and opportunity. (1) The forces of the organized militia
shall be organized, armed, disciplined, governed, administered and trained as
prescribed by applicable federal and state laws and regulations.
     (2) It hereby is declared to be the policy
of the state that there shall be an equality of treatment and opportunity for
all persons in the organized militia without regard to race, creed, color or
national origin. [1961 c.454 §§42,43]
     399.050 [Repealed by 1961 c.454 §213]
     399.055
Assemblies, periodic training and other duty. Members and units of the organized militia shall assemble for training
and shall participate in field training periods and active duty for training
periods, maneuvers, schools, conferences or other similar duties at such times
and places as are prescribed therefor by applicable federal and state laws and
regulations. In addition to these periods, the commander of any organization
may require the officers, warrant officers and enlisted persons of the command
to meet for ceremonies, parades or training at such times and places as the
commander may appoint. [1961 c.454 §44]
     399.060 [Repealed by 1961 c.454 §213]
     399.065
Ordering organized militia into active state service; martial law. (1) The Governor shall have the power, in
case of invasion, disaster, insurrection, riot, breach of the peace, or
imminent danger thereof, to order into active service of the state for such
period, to such extent and in such manner as the Governor may deem necessary
all or any part of the organized militia. Such power shall include the power to
order the organized militia or any part thereof to function under the
operational control of the United States Army, Navy or Air Force commander in
charge of the defense of any area within the state which is invaded or attacked
or is or may be threatened with invasion or attack.
     (2) The Governor may order into active
service of the state for such period, to such extent and such manner as the
Governor may deem necessary units or individuals of the organized militia when
in the judgment of the Governor the services of such units or individuals are
required for the furtherance of the organization, maintenance, discipline or
training of the organized militia or for ceremonial functions of the state
government.
     (3) Whenever any portion of the organized
militia is employed pursuant to this section, the Governor, if in the judgment
of the Governor the maintenance of law and order will thereby be promoted, may
by proclamation declare the county or city in which the troops are serving, or
any specified portion thereof, to be under martial law. [1961 c.454 §45]
     399.070 [Repealed by 1961 c.454 §213]
     399.075
Ordering organized militia to active state duty; pay and allowances. (1) The Adjutant General, with the approval
of the Governor, may order members of the organized militia to active state
duty. Members, while on active state duty, shall receive not less than the pay
and allowances of their corresponding grades in the Armed Forces of the
     (2) Members of the organized militia serving
on courts-martial, courts of inquiry, efficiency boards, medical boards or
other special duty requiring absence from their stations or business under
competent orders may be reimbursed for necessary expenses incurred at the rate
established for state employees under appropriate travel regulations issued by
the Oregon Department of Administrative Services.
     (3) In lieu of other provisions of this
chapter, a medical examiner may be paid for services and necessary
disbursements and a properly appointed judge advocate may be paid for legal
services and necessary disbursements in any suit, action or proceeding, such
amounts as shall be approved by the Governor.
     (4) Members of the organized militia shall
not receive from the state the pay or the pay and allowances provided for by
this section when eligible for such pay and allowances from federal funds.
     (5) Notwithstanding any of the provisions
of this chapter, members of the organized militia may with their consent
perform without pay or without pay and allowances any of the types of military
duty prescribed in this chapter and ORS chapters 396 and 398 pursuant to orders
issued by competent military authority; provided however, that necessary
traveling expenses, subsistence and per diem allowances may be furnished such
members within the discretion of the Adjutant General and within the amount
appropriated therefor.
     (6) All pay and allowances provided for by
this chapter, except per diem, mileage and expenses while traveling under
orders shall be subject to be applied to the payment of penalties and fines
imposed by military courts, and to the payment of any shortage of or injury to
state or United States property or funds for which a member of the organized
militia is responsible or accountable where such responsibility has been fixed
by competent authority.
     (7)(a) Except as provided in paragraph (b)
of this subsection, members of the organized militia who are ordered to active
state duty shall be considered temporary employees of the military department.
     (b) Members of the organized militia who
are ordered to active state duty are not subject to ORS chapter 240 and ORS
243.650 to 243.782.
     (8) The limitations on employment imposed
by ORS 238.082 (2) do not apply to a retired member of the Public Employees
Retirement System who has attained normal retirement age and is on active state
duty. [1961 c.454 §69; 1997 c.486 §1; 2003 c.311 §1]
     399.080 [Repealed by 1961 c.454 §213]
     399.085
Credit for active federal service. For all purposes under this chapter and ORS chapters 396 and 398,
members of the organized militia who enter and serve in the active military
service of the United States in time of war under a call or order by the
President or who enter and serve on active duty in the military service of the
United States in time of peace in their status within the National Guard of the
United States or Air National Guard of the United States and who thereafter
return to the military service of the state, shall be entitled to credit for
time so served as if such service had been rendered to the state. [1961 c.454 §47]
     399.090 [Repealed by 1961 c.454 §213]
     399.095
Militia unit funds. (1)
There shall be paid to each unit of the organized militia such amount within
funds available as the Adjutant General may determine, not in excess of $2,000
a year, for care of state and federal property or other necessary military
expenses not otherwise provided for, including rent of armories as follows:
     (a) Upon certificate of the Adjutant
General or the person designated by the Adjutant General that a unit of the
organized militia is fully organized and has complied with the military laws
and regulations during the preceding three months, the Oregon Department of
Administrative Services shall draw a warrant quarterly on the State Treasurer
to the commander of the unit in the amount designated in the certificate.
     (b) Whenever any unit is divided into two
separate parts and stationed at different localities, an additional sum of $300
per year may be paid to such unit, and the total sum shall be divided and
apportioned between the two parts by the Adjutant General, and the Oregon
Department of Administrative Services shall draw warrants accordingly.
     (2) A custodian of a Unit Headquarters
Fund may maintain a checking account in any financial institution authorized to
do business in
     399.100 [Repealed by 1961 c.454 §213]
     399.105
Militia unit facilities.
Unless furnished by the United States, the state shall provide adequate armory
accommodations, bases, camps, target ranges and other facilities and shall
maintain such facilities for units of the Oregon National Guard allotted to the
state under the laws of the United States, accepted by the Governor and
organized under the authority of this chapter and ORS chapters 396 and 398. [1961
c.454 §46]
     399.110 [Repealed by 1961 c.454 §213]
     399.115
Trespassers and disturbers to be placed in arrest; sales and gambling
prohibited. (1) Any person
who trespasses upon any armory, arsenal, camp, range, base or other facility of
the organized militia or other place where any unit of the organized militia is
performing military duty, including training, or who in any way or manner
interrupts or molests the discharge of military duties by any member of the
organized militia or of the Armed Forces of the United States or who trespasses
or prevents the passage of troops of the organized militia or of the Armed
Forces of the United States in the performance of their military duties may be
placed in arrest by the commanding officer, or the designated representative of
the commanding officer, of the unit performing such military duty at the place
where the offense is committed and may be held in arrest during the continuance
of the performance of such military duty, but not to exceed 12 hours.
     (2) The commanding officer or the
designated representative of the commanding officer, of any unit of the
organized militia performing military duty in or at any armory, arsenal, camp,
range, base or other facility of the organized militia or other place where
such unit is performing military duty may prohibit persons who hawk, peddle,
vend or sell goods, wares, merchandise, food products or beverages upon the
streets and highways from conducting sales or auctions, and may prohibit all
gambling within the limits of such armory, arsenal, camp, range, base or other
facility of the organized militia or other place where such unit is performing
military duty or within such limits not exceeding one mile therefrom as the
commanding officer may prescribe. Such commanding officer may in the discretion
of the commanding officer abate as common nuisances all such sales, actions and
gambling. [1961 c.454 §74]
     399.120 [Repealed by 1961 c.454 §213]
     399.125
Repossession of military property by state. (1) When the Governor orders the return to the state of any arms,
equipment, military stores or other military property belonging to the state,
or for which the state is responsible, such arms and military property shall be
delivered immediately to the officer authorized in the order to receive it, who
shall give a receipt for the property and describe its condition in the
receipt. If the property mentioned in the order is not promptly delivered as
directed, the officer named in the order may take immediate possession of the
same in the name of the state.
     (2) No person shall resist any officer in
the performance of the duty required by this section. [1961 c.454 §76]
     399.130 [Repealed by 1961 c.454 §213]
     399.135
Right of way on public streets and highways. The organized militia in the performance of its military duties shall
have the right of way over any persons or vehicles on any public street or
highway of this state, except
     399.140 [Repealed by 1961 c.454 §213]
     399.145
Free passage through tollgates and tunnels and over tollbridges and ferries. Any person belonging to the organized
militia shall, together with the conveyance in the charge of the person and the
property of the state or the United States in the charge of the person, be
allowed to pass free through all tollgates and tunnels and over all tollbridges
and also over all ferries if the person is in uniform or presents an order for
duty or certificate of an order for duty. [1961 c.454 §73]
     399.150
Oaths and affirmations.
Oaths and affirmations required in any matter connected with the military
service may be administered by any duly commissioned officer of the organized
militia or other officer authorized to administer oaths under the laws of the
state, and no charge shall be made nor shall any fee be accepted for such
service. [1961 c.454 §51]
     399.155
Unlawful wearing of uniform or insignia. No member of the organized militia shall wear, when on or off duty,
any uniform or any device, strap, knot or insignia of any design or character
used as a designation of grade, rank or office, such as are by law or regulation,
duly promulgated, prescribed for the use of the organized militia, without the
permission of the commanding officer. [1961 c.454 §75(3)]
RIGHTS AND
PRIVILEGES OF MEMBERS
     399.205
Complaints of wrongs. Any
member of the organized militia who is wronged by the commanding officer, and
who, upon due application to that commanding officer, is refused redress, may
complain to any superior commissioned officer, who shall forward the complaint
to the Governor or Adjutant General. [1961 c.454 §200]
     399.210
Eligibility to state office of federally paid members of organized militia. Any officer or enlisted person of the
militia of this state who receives compensation from the
     399.215
Exemption from jury duty.
Active members of the organized militia shall be exempt from duty to act as a
juror. [1961 c.454 §49]
     399.220 [1961 c.454 §50; repealed by 1973 c.794 §34]
     399.225
Relief from civil or criminal liability; security for costs; exemption from
civil process. (1) Members
of the organized militia ordered into active service of the state pursuant to
this chapter shall not be liable civilly or criminally for any act or acts done
by them in the performance of their duty. When an action or proceeding of any
nature is commenced in any court by any person against any officer of the
militia for any act done by the officer in an official capacity in the
discharge of any duty under this chapter and ORS chapters 396 and 398, or an
alleged omission by the officer to do an act which it was the duty of the officer
to perform, or against any person acting under the authority or order of such
officer, or by virtue of any warrant issued by the officer pursuant to law, the
defendant may require the person instituting or prosecuting the action or
proceeding to file security for the payment of costs that may be awarded to the
defendant therein, and the defendant in all cases may make a general denial and
give the special matter in evidence. A defendant in whose favor a final
judgment is rendered in an action or a final order is made in a special
proceeding shall recover the costs of the defendant.
     (2) No member of the organized militia of
the state shall be arrested on any civil process while going to, remaining at,
or returning from any place at which the member may be required to attend for
military duty. [1961 c.454 §71]
     399.230
Employment rights of members of organized militia when called into active state
service. (1) An employee
shall be granted a leave of absence by the employer of the employee to perform
active state service if:
     (a) The employee is a member of the
organized militia of this state and is called into active service of the state
under ORS 399.065 (1) or 399.075.
     (b) The employee is a member of the
organized militia of another state and is called into active service of the
state by the Governor of the respective state.
     (2) The employer shall grant the employee
a leave of absence until release from active service of the state permits the
employee to resume the duties of employment. The regular employment position of
an employee on a leave of absence for active service of the state under this
section shall be considered vacant only for the period of the leave of absence.
The employee is not subject to removal or discharge from the position as a consequence
of the leave of absence.
     (3) Upon the termination of the leave of
absence for active service of the state, an employee shall:
     (a) Resume the duties of employment within
seven calendar days; and
     (b) Be restored to the employee’s position
or an equivalent position by the employer without loss of seniority, vacation
credits, sick leave credits, service credits under a pension plan or any other
employee benefit or right that had been earned at the time of the leave of
absence.
     (4) An employer is not required to pay
wages or other monetary compensation to an employee during a leave of absence
required under subsection (1) of this section.
     (5) Notwithstanding subsection (4) of this
section:
     (a) The State of Oregon shall continue
coverage under an employer-sponsored health plan to an employee of the State of
Oregon and any other individual provided coverage under the employeeÂ’s plan on
the day before the date the employee goes on leave for a period not exceeding a
total of 12 months during a leave of absence required under subsection (1) of
this section.
     (b) An employer other than the State of
Oregon may continue coverage under an employer-sponsored health plan to an
employee and any other individual provided coverage under the employeeÂ’s plan
on the day before the date the employee goes on leave during a leave of absence
required under subsection (1) of this section.
     (6)(a) Notwithstanding subsection (4) of
this section, the State of Oregon, a county, a municipality or other political
subdivision of this state may establish and administer a donated leave program
that:
     (A) Allows an employee who is on a leave
of absence required under subsection (1) of this section to receive donated
leave; and
     (B) Allows an employee to voluntarily
donate vacation time to an eligible employee on a leave of absence required
under subsection (1) of this section.
     (b) An employee who is on a leave of
absence required under subsection (1) of this section and who receives donated
leave under paragraph (a) of this subsection may receive an amount of donated
leave that supplements any compensation received as a member of the organized
militia, but may not receive more than the amount the employee was earning in
base salary on the date the employee began the leave of absence.
     (7) As used in this section:
     (a) “Employee” means any individual, other
than a copartner of the employer or an independent contractor, who renders
personal services in this state to an employer who pays or agrees to pay wages
or other compensation to the individual for those services.
     (b) “Employer” means any person who
employs one or more employees in this state. The term includes the State of
     Note: 399.230 and 399.235 were enacted into law by
the Legislative Assembly but were not added to or made a part of ORS chapter
399 or any series therein by legislative action. See the Preface to Oregon
Revised Statutes for further explanation.
     399.235
Violation of ORS 399.230 as unlawful employment practice; complaint; remedies
and penalties. (1) Any
violation of ORS 399.230 (1) to (3) by an employer is an unlawful employment
practice.
     (2) Complaints alleging a violation of ORS
399.230 (1) to (3) may be filed by employees with the Commissioner of the
Bureau of Labor and Industries in the manner provided by ORS 659A.820. The
commissioner shall enforce ORS 399.230 in the manner provided in ORS chapter
659A regarding other unlawful employment practices.
     (3) Violation of ORS 399.230 (1) to (3)
subjects the violator to the same civil remedies and penalties as provided in
ORS chapter 659A. [1989 c.317 §2; 2001 c.621 §79; 2003 c.387 §12]
     Note: See note under 399.230.
     399.238
Applications for relief of obligations or liabilities or stay of civil or
administrative proceedings by state service members. (1) As used in this section, “service member”
means:
     (a) A member of the organized militia who
is called into active service of the state by the Governor under ORS 399.065
(1).
     (b) A member of the Oregon National Guard
who is called into active service outside this state under Title 10 or Title 32
of the United States Code.
     (c) A member of the Oregon National Guard
who is called into active state duty under ORS 399.075.
     (2) A service member may, while in active
service or active state duty or within six months after that service or duty
ends, apply to a court or an administrative body:
     (a) For relief with respect to any
obligation or liability incurred by the member before the period of active
service or active state duty began. The court or administrative body, after
appropriate notice and hearing, may grant relief unless the court or
administrative body determines that the ability of the member to comply with
the terms of the obligation or liability has not been materially affected by
active service or active state duty.
     (b) For a stay of a civil or
administrative proceeding in which the service member is a party. The court or
administrative body, after appropriate notice, shall grant the stay unless the
court or administrative body determines that the ability of the service member
to appear is not materially affected by active service or active state duty.
     (3) The court or administrative body may
not charge or collect any fee from a service member who applies to the court or
administrative body for relief under this section.
     (4) An application filed under this
section may not be deemed as consent to jurisdiction in any action or
proceeding. [2003 c.387 §9; 2005 c.79 §1; 2007 c.400 §1]
     Note: Section 2, chapter 400, Oregon Laws 2007,
provides:
     Sec.
2. (1) Except as provided in
subsection (2) of this section, the amendments to ORS 399.238 by section 1 of
this 2007 Act apply to administrative proceedings commenced before, on or after
the effective date of this 2007 Act [January 1, 2008].
     (2) The amendments to ORS 399.238 by
section 1 of this 2007 Act do not apply to any proceeding in which a final
order has been entered after all opportunity for administrative review has been
exhausted. [2007 c.400 §2]
     Note: 399.238 and 399.240 were enacted into law by
the Legislative Assembly but were not added to or made a part of ORS chapter
399 or any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     399.240
Limitation on rate of interest incurred by state service members during period
of active service. (1) As
used in this section:
     (a) “Interest” includes service charges,
renewal fees or other charges or fees associated with an obligation or
liability.
     (b) “Service member” means:
     (A) A member of the organized militia who
is called into active service of the state by the Governor under ORS 399.065
(1) for 30 or more consecutive days.
     (B) A member of the Oregon National Guard
who is called into active federal service under Title 10 of the United States
Code.
     (2) Notwithstanding ORS 82.010, 83.095,
708A.255, 722.354, 723.502, 723.730 and 725.340, an obligation or liability
bearing interest at a rate in excess of six percent per year incurred by a
service member before being called into active service may not, during any part
of the period of active service, bear interest in excess of six percent per
year except by court order.
     (3) The service member shall provide
written notice to the creditor requesting that the rate of interest be reduced
to six percent per year and shall include proof of the official orders showing
that the service member is being called into active service of the state by the
Governor under ORS 399.065 (1) or into active federal service under Title 10 of
the United States Code.
     (4) A creditor that receives a request
under subsection (3) of this section to reduce a rate of interest may apply to
the court for a determination that the ability of a service member to pay
interest on an obligation or liability at a rate in excess of six percent per
year is not materially affected because of the active service of the member. If
a court determines that the ability of a service member to pay interest on an
obligation or liability at a rate in excess of six percent per year is not
materially affected because of the active service of the member, the court may
order an interest rate that is just.
     (5) A creditor must recompute the payment
schedule to amortize the balance of the obligation or liability over the
remainder of the obligation or liability at a rate of interest determined under
subsection (2) or (4) of this section. [2003 c.387 §4; 2005 c.79 §2]
     Note: See second note under 399.238.
     399.245
Definitions for ORS 399.245 to 399.265. As used in ORS 399.245 to 399.265:
     (1) “Commission” means the Oregon Student
Assistance Commission.
     (2) “Qualified applicant” means an
     (a) Is a member of the Oregon National
Guard;
     (b) Maintains minimum academic standards
at the qualified institution of higher education;
     (c) Meets participation standards in the
Oregon National Guard as prescribed by the Oregon Military Department;
     (d) Is a full-time student; and
     (e) Serves one year in the Oregon National
Guard for each year a scholarship is granted.
     (3) “Qualified institution of higher education”
means any two-year or four-year, nonprofit, generally accredited institution of
higher education located in this state, including community colleges and
accredited schools of nursing located in this state.
     (4) “Scholarship” means a scholarship equal
in value to $800 to be used to pay the educational expenses of the applicant at
a qualified institution of higher education during the period for which the
scholarship is granted, of which no more than 100 scholarships shall be awarded
annually. [1989 c.717 §1; 1999 c.704 §21]
     Note: 399.245 to 399.265 were enacted into law by
the Legislative Assembly but were not added to or made a part of ORS chapter
399 or any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     399.255
Scholarship program; award; duration; ineligible courses of study. (1) Subject to the availability of funds,
the Oregon Military Department shall contract with the Oregon Student
Assistance Commission to disburse to qualified applicants, awards made to the
applicants on behalf of the Oregon National Guard Scholarship Program as
determined by the Oregon Military Department.
     (2) If the qualified applicant who
receives a scholarship under ORS 399.245 to 399.265 meets the standards of the
Oregon Military Department for renewal of the scholarship, the scholarship may
be renewed upon application until the applicant has received a scholarship for
a total of four undergraduate years.
     (3) A qualified applicant who receives a
scholarship under ORS 399.245 to 399.265 must attend the qualified institution
of higher education upon which the scholarship application was based unless the
commission authorizes the scholarship to be used at a different institution.
     (4) No scholarship shall be made to any
student enrolled in a course of study required for or leading to a degree in
theology, divinity or religious education. [1989 c.717 §2]
     Note: See note under 399.245.
     399.265
Award prior to completion of service requirement; repayment required after
insufficient service. A
qualified applicant may be awarded a scholarship under ORS 399.245 to 399.265
before completing the national guard service requirement. However, if an
applicant fails to fulfill the service requirement, the applicant shall pay to the
Oregon Student Assistance Commission the amount of the scholarship received
plus interest for each year for which a scholarship was awarded but for which
the service requirement was not met. [1989 c.717 §3]
     Note: See note under 399.245.
     399.270 [1997 c.67 §2; repealed by 2001 c.139 §3]
     399.275
Tuition waiver program; amount of waiver; qualifications; priority. (1) As used in this section and ORS 399.280:
     (a) “Eligible post-secondary institution”
has the meaning given that term in ORS 348.180.
     (b) “Surviving family member” means a
spouse or dependent of a member of the Oregon National Guard who is killed
while on active duty.
     (2) Subject to the availability of funds,
the Oregon Military Department may contract with the Oregon Student Assistance
Commission to:
     (a) Disburse to eligible post-secondary
institutions the dollar amount of tuition waivers authorized by this section
and approved for payment by the department; and
     (b) Provide to the department a
compilation of the total dollar amount of the tuition waivers approved for each
academic term included in the contract.
     (3) The department shall regularly provide
to the commission the names of members of the Oregon National Guard and
surviving family members for whom tuition waivers may be approved.
     (4) Any member of the Oregon National
Guard or surviving family member who registers for classes at an eligible
post-secondary institution may receive a tuition waiver of up to 100 percent of
the resident tuition charges imposed by that institution, except that in the
case of a not-for-profit independent institution, the tuition waiver may not
exceed 100 percent of the resident tuition at Oregon State University.
     (5)(a) A member of the Oregon National
Guard may receive the tuition waiver authorized by this section at any time if
the member maintains satisfactory performance with the Oregon National Guard
and pursues a course of study in the eligible post-secondary institution in a
manner that satisfies the usual requirements of the institution.
     (b) A surviving family member may receive
the tuition waiver authorized by this section if the surviving family member
pursues a course of study in the eligible post-secondary institution in a
manner that satisfies the usual requirements of the institution.
     (c) The member of the Oregon National
Guard or surviving family member is responsible for payment of the balance of
the tuition charges not provided for by the tuition waiver program.
     (6) When determining to whom the tuition
waivers shall be granted, priority shall be given to those members of the
Oregon National Guard who have previously received tuition waivers while
serving in the Oregon National Guard and surviving family members who have
previously received tuition waivers.
     (7) The department shall apply
qualifications and limitations to the tuition waiver program that are
consistent with efficient and effective program management as determined by the
Adjutant General. [1995 c.158 §1; 1997 c.67 §3; 2001 c.139 §1; 2005 c.200 §1]
     Note: 399.275 and 399.280 were enacted into law by
the Legislative Assembly but were not added to or made a part of ORS chapter
399 or any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     399.280
Eligibility; required period of military service; repayment required after
withdrawal from courses or insufficient service. (1) The tuition waiver program described in
this section and ORS 399.275 is not available to any member of the Oregon
National Guard or surviving family member who has a baccalaureate degree.
     (2) A member of the Oregon National Guard
or surviving family member may obtain only one undergraduate degree under the
tuition waiver program established by this section and ORS 399.275. Only
courses that meet degree requirements shall be approved for tuition waivers. A
member of the Oregon National Guard or surviving family member may not receive
a tuition waiver for any noncredit course.
     (3) If a member of the Oregon National
Guard or surviving family member voluntarily withdraws from a course for which
the member is receiving a tuition waiver, the member is liable for all costs
relating to withdrawal, including but not limited to all the costs billed by
the eligible post-secondary institution to the Oregon Military Department.
     (4) A member of the Oregon National Guard
with no prior military service must complete basic military training, military
occupational specialty training or skill-level training prior to being eligible
for tuition waivers under this section and ORS 399.275. However, the Adjutant
General may waive this requirement if the Adjutant General determines that a
tuition waiver would be in the interests of the Oregon National Guard.
     (5) A member of the Oregon National Guard
who receives tuition waivers under this section and ORS 399.275 shall agree in
writing to serve in the Oregon National Guard for four years after the
completion of the courses for which tuition waivers were given. A member who
receives tuition waivers may be asked to reimburse the State of
     (6) The Oregon Military Department shall
establish any limitations and controls it considers necessary to ensure maximum
fiscal efficiency and productivity of the tuition waiver program established by
this section and ORS 399.275. [1995 c.158 §2; 1997 c.67 §4; 2001 c.139 §2; 2005
c.200 §2]
     Note: See note under 399.275.
     399.285 [1995 c.158 §3; 1997 c.67 §5; repealed by
2001 c.139 §3]
     399.290 [1995 c.158 §4; 1997 c.67 §6; repealed by
2001 c.139 §3]
COMMISSIONED
AND WARRANT OFFICERS
     399.405
Appointment of commissioned officers. All commissioned officers of the organized militia shall be appointed
and promoted by the Governor upon recommendation of the Adjutant General. [1961
c.454 §53]
     399.410
Applicability of chapter to warrant officers. The provisions of this chapter relating to commissioned officers shall
apply to warrant officers, except that warrant officers who have been absent
without leave may be discharged as prescribed by applicable federal and state
laws and regulations. [1961 c.454 §63]
     399.415
Qualifications of officers; oath. (1) No person shall be appointed or promoted as a commissioned officer
of the organized militia unless the person has passed such examination as to
the physical, moral and professional qualifications of the person as may be
prescribed by applicable federal and state laws and regulations.
     (2) No person shall be recognized as a
commissioned officer of the organized militia and no appointment as such shall
become effective until the person has taken and subscribed an oath of office as
prescribed by applicable federal and state laws and regulations. Such oath
shall be taken and subscribed before an officer of the organized militia authorized
to administer oaths as provided in ORS 399.150, or before a notary public. [1961
c.454 §54]
     399.420
Assignment and transfer of officers; residence of officers. (1) Commissioned officers may be assigned,
reassigned, transferred or detailed to and from units within the organized
militia as prescribed by applicable federal and state laws and regulations.
     (2) An officer must reside within
reasonable commuting distance of the station to which the unit of the officer
is assigned. The Adjutant General shall determine what constitutes a reasonable
distance in all cases of doubt. [1961 c.454 §55]
     399.425
Resignations. (1) A
commissioned officer of the organized militia may tender resignation at any
time. Such resignation will be tendered in writing through proper military
channels in accordance with applicable federal and state laws and regulations.
Such resignations shall take effect when properly accepted and announced in
orders.
     (2) A commissioned officer desiring to
accept an appointment or to enlist in the active Army, Navy, Air Force, Marine
Corps or Coast Guard of the
     (3) No officer shall be allowed to resign
a commission who is under arrest, suspension or who is under orders to be
returned to any military court for delinquency. [1961 c.454 §56]
     399.430
Absence without leave considered resignation. (1) Any officer who absents self without leave for 60 days shall be
considered to have resigned, and the vacancy shall be announced in appropriate
orders.
     (2) Any officer who is absent without
leave from annual active duty training shall be considered to have resigned,
and the vacancy shall be announced in appropriate orders. [1961 c.454 §57]
     399.435
Efficiency and medical examining boards; appointment. (1) The efficiency, moral character and
general fitness for retention in the organized militia of any commissioned
officer may be investigated and determined by an efficiency examining board.
The members of an efficiency examining board shall be senior in rank to the
officer under investigation unless unavoidable.
     (2) The physical fitness for further
service of any commissioned officer in the organized militia may be
investigated and determined by a medical examining board of officers.
     (3) Efficiency and medical examining
boards shall be appointed by the Governor upon recommendation of the Adjutant
General except that whenever an examining board is to be appointed for the
purpose of determining fitness of any officer for continued federal
recognition, such board shall be appointed by the commander designated in the
applicable laws of the United States and the regulations issued thereunder. [1961
c.454 §58]
     399.440
Efficiency and medical examining boards; procedure and functions. Efficiency and medical examining boards
appointed by the Governor hereby are vested with the powers of courts of
inquiry and courts-martial. Such boards shall follow the practice and procedure
prescribed by applicable federal and state laws and regulations. Any officer
ordered to appear before such a board shall be allowed to appear in person or
by counsel, to cross-examine witnesses and to call witnesses on behalf of the
officer. The officer shall at all stages of the proceeding be allowed full
access to records pertinent to the case and be furnished copies of same.
Failure to appear before such examining board shall be sufficient ground for a
finding by such board that the officer ordered to appear be discharged from the
service of the state. If the findings of such board are unfavorable to an
officer and are approved as provided by applicable laws of the
     399.445
Officer bonds. Officers of
the organized militia shall give bonds and security as may be required by the
Adjutant General to secure the state against loss on account of misuse or
misapplication of state or federal property and funds. Such bonds shall be
conditioned upon faithful performance of all duties and the accounting for all
property and funds for which the officer is responsible or accountable. The
Adjutant General may, in lieu of the foregoing, enter into an agreement,
conditioned in like terms and for the same purpose, with a qualified surety
company to bond all officers of the organized militia without specifically naming
them. The premiums on bonds shall be charged to funds appropriated for the
support of the organized militia. [1961 c.454 §60]
     399.450
Responsibility for public property. An officer receiving public property for military purposes shall be
accountable for the article so received by the officer until the article is
returned, or is disposed of pursuant to law or by order of the Governor. Until
the accounts of the officer are examined and found correct, the accountability
of such officer or the estate of the officer shall not be affected in any way
by resignation, discharge, change in official position or death. The Governor
shall have the power to relieve officers of accountability upon good cause
shown. [1961 c.454 §61]
     399.455 [1961 c.454 §62; repealed by 1963 c.169 §11]
     399.456
Uniform allowance. (1) A
person who is appointed as a commissioned officer or warrant officer of the
Oregon National Guard under the circumstances set forth in subsection (2) of
this section shall, on the date of original appointment as a commissioned
officer or warrant officer, be eligible to receive from the state an allowance
of $170 for the purpose of purchasing military uniforms and equipment.
     (2) Payment of the allowances set forth in
subsection (1) of this section shall be limited to officers and warrant
officers appointed under the following circumstances:
     (a) Commissioned in the Oregon Army
National Guard upon graduation from an approved Army commissioning program.
     (b) Direct appointment as an officer or
Warrant Officer of the Oregon Army National Guard from enlisted or civilian
status.
     (c) Commissioned in the Oregon Air
National Guard as a result of direct appointment from enlisted or civilian
status.
     (d) Commissioned in the Oregon Air
National Guard upon graduation from an approved Air Force commissioning
program.
     (e) Commissioned in the Oregon Army
National Guard from the reserve forces of the Navy, Marine Corps or Air Force.
     (f) Commissioned in the Oregon Air
National Guard from the reserve forces of the Army, Navy or Marine Corps.
     (3) The allowances set forth in subsection
(1) of this section shall be paid from moneys available to the military
department only after the officer has furnished satisfactory evidence to the
Adjutant General that the officer is properly entitled thereto. [1963 c.169 §3;
1967 c.163 §5; 1981 c.24 §1]
     399.460
ENLISTED
PERSONNEL
     399.505
Enlistment, period of service, transfer, discharge and extensions of
enlistments. (1) The
qualifications for enlistment and reenlistment, the periods of enlistment,
reenlistment and voluntary extension of enlistment, the period of service, the
form of oath to be taken and the manner and form of transfer and discharge of
enlisted personnel of the organized militia shall be those prescribed by
applicable federal and state laws and regulations.
     (2) The Governor is authorized to extend
the period of any enlistment, reenlistment, voluntary extension of enlistment
or the period of service of enlisted personnel of the Oregon State Defense
Force for a period not to exceed six months after the termination of an
emergency declared by the Governor, the legislature, the President or Congress.
     (3) Whenever the period of enlistment,
reenlistment, voluntary extension of enlistment, and the period of service of
enlisted personnel of the reserve components of the Armed Forces of the United
States are extended, the Governor shall extend the period of any enlistment,
reenlistment, voluntary extension of enlistment or the period of service of
enlisted personnel in the corresponding force of the organized militia for the
same period. [1961 c.454 §64; 1989 c.361 §7]
     399.510
Contract and oath of enlistment. Every person who enlists or reenlists in any force of the organized
militia shall sign an enlistment contract and shall take and subscribe such
oath or affirmation of enlistment as may be prescribed by applicable federal and
state laws and regulations. Such oath shall be taken and subscribed before any
commissioned officer or warrant officer of the organized militia or of any
component of the Armed Forces of the
     399.515
Sections to be explained.
This section and ORS 398.006, 398.008, 398.052, 398.083, 398.132, 398.136,
398.204, 398.252, 398.302 to 398.400, 398.404 and 399.205 shall be carefully
explained to every enlisted member at the time of enlistment or transfer or
induction into, or at the time of an order to duty in or with any of the forces
of the organized militia or within 30 days thereafter. They shall also be
explained annually to each unit of the organized militia. A complete text of
ORS chapter 398 and ORS 399.205, of the military department regulations
prescribed by the Governor thereunder and of the regulations issued by the
Adjutant General under ORS 396.160 and 398.420, shall be made available to any
member of the organized militia, upon request, for personal examination. [1961
c.454 §199; 2005 c.512 §31]
     399.520
Noncommissioned officers. All
noncommissioned officers of the organized militia shall be appointed in the
discretion of the appointing officer upon the nomination of the officer under
whose immediate command they are to serve. Appointing officers shall be
designated in military department regulations issued pursuant to ORS 396.305.
The appointment of a noncommissioned officer may be terminated as prescribed by
such regulations. [1961 c.454 §66]
     399.525
Discharges. (1) An enlisted
person may be discharged from any force of the organized militia prior to the
expiration of the term of enlistment under such conditions as may be prescribed
by applicable federal and state laws and regulations.
     (2) An enlisted person discharged from a
force of the organized militia shall receive a discharge in writing in such
form and of such type or classification as may be prescribed by applicable laws
and regulations of the
     399.530
Dropping from rolls. When an
enlisted person of the organized militia absents self without leave and there
is reason to believe that the person does not intend to return, the person may
be discharged in accordance with military department regulations issued
pursuant to ORS 396.305. [1961 c.454 §68]
PENALTIES
     399.990
Penalties. Any person
violating ORS 399.125 is guilty of a misdemeanor punishable by imprisonment in
the county jail not to exceed six months and a fine not to exceed $500. The fine
shall be recovered by an action brought by the district attorney in the name of
the state and shall be deposited in the General Fund in the State Treasury, to
be available for general governmental expenses. [1961 c.454 §77; 1963 c.169 §8]
_______________
CHAPTER 400
[Reserved for expansion]
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