ORS Chapter 396

TITLE 32

MILITARYAFFAIRS; EMERGENCY SERVICES

 

Chapter     396.     MilitiaGenerally

                  398.     MilitaryJustice

                  399.     OrganizedMilitia

                  401.     EmergencyManagement and Services

                  402.     EmergencyMutual Assistance Agreements

                  403.     9-1-1Emergency Communications System; 2-1-1 System; Public Safety CommunicationsSystems

                  404.     Searchand Rescue

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Chapter 396 — MilitiaGenerally

 

2009 EDITION

 

 

MILITIAGENERALLY

 

MILITARYAFFAIRS; EMERGENCY SERVICES

 

GENERALPROVISIONS

 

396.015     Definitions

 

396.025     Purposes;rules of construction

 

396.035     Constructionagainst implied repeal

 

396.045     Severability;conflicts

 

COMPOSITION;COMMAND AND STAFF OFFICERS

 

396.105     Militiacomprised of organized and unorganized militia

 

396.115     Personsexempt from militia service

 

396.120     Authorityto administer oaths

 

396.125     Governoras Commander in Chief; military regulations

 

396.128     Operationof regulations adopted by Adjutant General

 

396.130     Serviceof organized militia outside state

 

396.135     Militiacall by United States

 

396.140     Registrationof unorganized militia; failure to appear

 

396.145     Militarystaff of Governor; Military Council

 

396.150     AdjutantGeneral; appointment and tenure; qualifications; grade

 

396.155     AdjutantGeneral; compensation; bond; traveling expenses

 

396.160     AdjutantGeneral; duties

 

396.165     AssistantAdjutants General

 

396.170     ActingAdjutant General

 

396.175     UnitedStates Property and Fiscal Officer

 

OREGONMILITARY DEPARTMENT

 

396.305     OregonMilitary Department; duties and functions

 

396.310     Enumerationof duties not exclusive

 

396.315     AdjutantGeneral as director of department

 

396.320     Organizationof department

 

396.325     Armyand air technicians as federal employees

 

396.330     Employeesof military department; civil service status; conditions of employment; applicationof civil service and employment laws

 

396.332     Authorityof Oregon Military Department to require fingerprints for criminal recordscheck

 

396.335     Drawingwarrants

 

396.340     Receiptand disposition of certain federal moneys

 

396.345     Dispositionof receipts generally

 

396.350     MilitaryDepartment Revolving Fund

 

396.355     Propertyloss incident to activities of organized militia

 

396.360     Departmentprograms for at-risk youth; policies and procedures

 

396.362     OregonMilitary Emergency Financial Assistance Program

 

396.364     OregonMilitary Emergency Financial Assistance Fund

 

396.366     Paymentsto members of Oregon National Guard who develop cancer; rules

 

396.370     Reimbursementfor cost of certain hunting licenses

 

ARMORIES,CAMPS AND OTHER PROPERTY

 

396.505     Definitionof “armory” for ORS 396.505 to 396.545

 

396.510     Controlof armories and camps; care of property

 

396.515     Sale,exchange or lease of military department property

 

396.520     Applicabilityof laws governing sale, exchange or lease of military department propertygenerally

 

396.525     MilitaryDepartment Construction Account; disposition of moneys received from sale ofreal property

 

396.530     Locationof new armories; title to armories and grounds

 

396.535     Acquisitionof property for military use; payment for use of property

 

396.540     Useof armories

 

396.545     Leasesand agreements for use of armories

 

396.555     OregonMilitary Museum established at Camp Withycombe

 

396.560     Grantsand donations for Oregon Military Museum

 

396.565     Disposalof property

 

MISCELLANEOUS

 

396.595     MilitaryFamily Appreciation Day

 

396.010 [Repealed by1961 c.454 §213]

 

GENERALPROVISIONS

 

      396.015Definitions.The terms “unorganized militia,” “all or any part of the organized militia,”and “organized militia or any force thereof,” whenever used in this chapter andORS chapters 398 and 399, unless a different meaning is plainly required by thecontext, 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 by1961 c.454 §213]

 

      396.025Purposes; rules of construction. (1) It is the intent of this chapterand ORS chapters 398 and 399 to provide for the Oregon Military Department andfor the State Militia and for the organization, equipment, regulation and usethereof.

      (2)All matters relating to the organization, discipline and government of theorganized militia, not otherwise provided for in this chapter and ORS chapters398 and 399 or in military department regulations issued pursuant thereto,shall be decided by the customs and usage of the appropriate force or forces ofthe Armed Forces of the United States. [1961 c.454 §1; 1989 c.360 §2]

 

      396.030 [Repealed by1961 c.454 §213]

 

      396.035Construction against implied repeal. This chapter and ORS chapters 398 and399 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 subsequentlegislation if such construction can reasonably be avoided. [1961 c.454 §2]

 

      396.040 [Repealed by1961 c.454 §213]

 

      396.045Severability; conflicts. (1) If any clause, sentence, paragraph or part ofthis chapter and ORS chapters 398 and 399 or the application thereof to anyperson or circumstances shall, for any reason, be adjudged by a court ofcompetent jurisdiction to be invalid, such judgment shall not affect, impair orinvalidate the remainder of this chapter and ORS chapters 398 and 399, and theapplication thereof to other persons or circumstances, but shall be confined inits operation to the clause, sentence, paragraph or part thereof directlyinvolved in the controversy in which judgment shall have been rendered and tothe person or circumstance involved. It is hereby declared to be thelegislative intent that this chapter and ORS chapters 398 and 399 would havebeen adopted had such invalid provisions not been included.

      (2)In so far as the provisions of this chapter and ORS chapters 398 and 399 areinconsistent with the provisions of any other Act, general or special, or ofany local law, the provisions of this chapter and ORS chapters 398 and 399shall be controlling. [1961 c.454 §§3,4]

 

      396.050 [Repealed by1961 c.454 §213]

 

      396.060 [Repealed by1961 c.454 §213]

 

      396.070 [Repealed by1961 c.454 §213]

 

      396.080 [Repealed by1961 c.454 §213]

 

      396.090 [Repealed by1961 c.454 §213]

 

      396.100 [Repealed by1961 c.454 §213]

 

COMPOSITION;COMMAND AND STAFF OFFICERS

 

      396.105Militia comprised of organized and unorganized militia. (1) The militiaof the state shall be divided into the organized militia and the unorganizedmilitia.

      (2)The organized militia shall be composed of the Oregon Army National Guard andthe Oregon Air National Guard, which forces together with an inactive NationalGuard shall comprise the Oregon National Guard; the Oregon State Defense Forcewhenever such a state force shall be duly organized; and such additional forcesas may be created by the Governor.

      (3)The unorganized militia shall consist of all able-bodied residents of the statebetween the ages of 18 and 45 who are not serving in any force of the organizedmilitia or who are not on the state retired list and who are or who havedeclared their intention to become citizens of the United States; subject,however, to such exemptions from military duty as are created by the laws ofthe United States. [1961 c.454 §5(1),(2),(3); 1989 c.361 §2; 2005 c.512 §3]

 

      396.110 [Repealed by1961 c.454 §213]

 

      396.115Persons exempt from militia service. The following persons shall be exemptfrom militia service:

      (1)Persons exempt from militia service by the laws of the United States.

      (2)Regular or duly ordained ministers of religion, or duly elected churchofficials regularly conducting church services, or those recognized by theirchurch as devoting the major portion of their time to the practice of religion.

      (3)Students preparing for the ministry in accredited theological or divinityschools.

      (4)Persons whose religious tenets or conscientious scruples forbid them to beararms. [1961 c.454 §18]

 

      396.120Authority to administer oaths. (1) The following persons of theorganized militia may administer oaths for the purposes of militaryadministration, including military justice, and affidavits may be taken forthose purposes before those persons who shall have the general powers of anotary 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 andother persons of equivalent responsibility who may be assigned a differentposition title by their respective force.

      (e)All legal officers.

      (f)The president, law officer, trial counsel and assistant trial counsel for allgeneral 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 theGovernor.

      (2)The signature without seal of any such person, together with the title ofoffice, is prima facie evidence of authority. [1961 c.454 §198]

 

      396.125Governor as Commander in Chief; military regulations. (1) The Governorof the state, by virtue of office, is the Commander in Chief of the militia ofthe state, and may issue military regulations for the governance of themilitia. Military regulations issued by the Governor shall have the same forceand effect as the provisions of this chapter and ORS chapters 398 and 399. Inissuing such regulations, the Governor may give consideration to the laws andregulations of the United States relating to the organization, discipline andtraining of the militia, to the provisions of this chapter and ORS chapters 398and 399 and to the laws and regulations governing the United States Army andUnited 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 theregulations described in subsection (1) of this section for the governance ofthe militia. [1961 c.454 §6; 2005 c.512 §1]

 

      396.128Operation of regulations adopted by Adjutant General. If the AdjutantGeneral adopts regulations for the organization, discipline and governance ofthe organized militia, the Adjutant General shall specify in the regulations adate on which the regulations become operative for the purposes of all conductoccurring 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 specifieddate. [2005 c.512 §47]

 

      Note: 396.128 wasenacted into law by the Legislative Assembly but was not added to or made apart of ORS chapter 396 or any series therein by legislative action. SeePreface to Oregon Revised Statutes for further explanation.