ORS Chapter 396
TITLE 32
MILITARYAFFAIRS; EMERGENCY SERVICES
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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 ā MilitiaGenerally
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2009 EDITION
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MILITIAGENERALLY
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MILITARYAFFAIRS; EMERGENCY SERVICES
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GENERALPROVISIONS
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396.015 Definitions
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396.025 Purposes;rules of construction
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396.035 Constructionagainst implied repeal
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396.045 Severability;conflicts
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COMPOSITION;COMMAND AND STAFF OFFICERS
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396.105 Militiacomprised of organized and unorganized militia
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396.115 Personsexempt from militia service
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396.120 Authorityto administer oaths
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396.125 Governoras Commander in Chief; military regulations
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396.128 Operationof regulations adopted by Adjutant General
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396.130 Serviceof organized militia outside state
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396.135 Militiacall by United States
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396.140 Registrationof unorganized militia; failure to appear
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396.145 Militarystaff of Governor; Military Council
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396.150 AdjutantGeneral; appointment and tenure; qualifications; grade
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396.155 AdjutantGeneral; compensation; bond; traveling expenses
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396.160 AdjutantGeneral; duties
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396.165 AssistantAdjutants General
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396.170 ActingAdjutant General
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396.175 UnitedStates Property and Fiscal Officer
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OREGONMILITARY DEPARTMENT
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396.305 OregonMilitary Department; duties and functions
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396.310 Enumerationof duties not exclusive
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396.315 AdjutantGeneral as director of department
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396.320 Organizationof department
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396.325 Armyand air technicians as federal employees
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396.330 Employeesof military department; civil service status; conditions of employment; applicationof civil service and employment laws
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396.332 Authorityof Oregon Military Department to require fingerprints for criminal recordscheck
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396.335 Drawingwarrants
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396.340 Receiptand disposition of certain federal moneys
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396.345 Dispositionof receipts generally
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396.350 MilitaryDepartment Revolving Fund
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396.355 Propertyloss incident to activities of organized militia
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396.360 Departmentprograms for at-risk youth; policies and procedures
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396.362 OregonMilitary Emergency Financial Assistance Program
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396.364 OregonMilitary Emergency Financial Assistance Fund
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396.366 Paymentsto members of Oregon National Guard who develop cancer; rules
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396.370 Reimbursementfor cost of certain hunting licenses
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ARMORIES,CAMPS AND OTHER PROPERTY
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396.505 Definitionof āarmoryā for ORS 396.505 to 396.545
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396.510 Controlof armories and camps; care of property
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396.515 Sale,exchange or lease of military department property
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396.520 Applicabilityof laws governing sale, exchange or lease of military department propertygenerally
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396.525 MilitaryDepartment Construction Account; disposition of moneys received from sale ofreal property
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396.530 Locationof new armories; title to armories and grounds
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396.535 Acquisitionof property for military use; payment for use of property
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396.540 Useof armories
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396.545 Leasesand agreements for use of armories
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396.555 OregonMilitary Museum established at Camp Withycombe
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396.560 Grantsand donations for Oregon Military Museum
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396.565 Disposalof property
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MISCELLANEOUS
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396.595 MilitaryFamily Appreciation Day
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396.010 [Repealed by1961 c.454 Ā§213]
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GENERALPROVISIONS
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396.015Definitions.The terms āunorganized militia,ā āall or any part of the organized militia,āand āorganized militia or any force thereof,ā 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.454Ā§5(4)]
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396.020 [Repealed by1961 c.454 Ā§213]
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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 Ā§1; 1989 c.360 Ā§2]
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396.030 [Repealed by1961 c.454 Ā§213]
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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 Ā§2]
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396.040 [Repealed by1961 c.454 Ā§213]
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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 Ā§Ā§3,4]
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396.050 [Repealed by1961 c.454 Ā§213]
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396.060 [Repealed by1961 c.454 Ā§213]
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396.070 [Repealed by1961 c.454 Ā§213]
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396.080 [Repealed by1961 c.454 Ā§213]
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396.090 [Repealed by1961 c.454 Ā§213]
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396.100 [Repealed by1961 c.454 Ā§213]
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COMPOSITION;COMMAND AND STAFF OFFICERS
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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 Ā§5(1),(2),(3); 1989 c.361 Ā§2; 2005 c.512 Ā§3]
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396.110 [Repealed by1961 c.454 Ā§213]
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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 Ā§18]
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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 Ā§198]
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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 Ā§6; 2005 c.512 Ā§1]
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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 Ā§47]
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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.
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