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Chapter 399 — OrganizedMilitia

2009 EDITION

ORGANIZEDMILITIA

MILITARYAFFAIRS; EMERGENCY SERVICES

ORGANIZATION,TRAINING, ADMINISTRATION AND OPERATIONS

399.015 ArmyNational Guard

399.025 AirNational Guard

399.035 OregonState Defense Force

399.045 Organizationand training; equality of treatment and opportunity

399.055 Assemblies,periodic training and other duty

399.065 Orderingorganized militia into active state service; martial law

399.075 Orderingorganized militia to active state duty; pay and allowances

399.085 Creditfor active federal service

399.095 Militiaunit funds

399.105 Militiaunit facilities

399.115 Trespassersand disturbers to be placed in arrest; sales and gambling prohibited

399.125 Repossessionof military property by state

399.135 Rightof way on public streets and highways

399.145 Freepassage through tollgates and tunnels and over tollbridges and ferries

399.150 Oathsand affirmations

399.155 Unlawfulwearing of uniform or insignia

RIGHTSAND PRIVILEGES OF MEMBERS

399.205 Complaintsof wrongs

399.210 Eligibilityto state office of federally paid members of organized militia

399.215 Exemptionfrom jury duty

399.225 Relieffrom civil or criminal liability; security for costs; exemption from civilprocess

399.238 Applicationsfor relief of obligations or liabilities or stay of civil or administrativeproceedings by state service members

399.240 Limitationon rate of interest incurred by state service members during period of activeservice

399.245 Definitionsfor ORS 399.245 to 399.265

399.255 Scholarshipprogram; award; duration; ineligible courses of study

399.265 Awardprior to completion of service requirement; repayment required afterinsufficient service

399.275 Tuitionwaiver program; amount of waiver; qualifications; priority

399.280 Eligibility;required period of military service; repayment required after withdrawal fromcourses or insufficient service

COMMISSIONEDAND WARRANT OFFICERS

399.405 Appointmentof commissioned officers

399.410 Applicabilityof chapter to warrant officers

399.415 Qualificationsof officers; oath

399.420 Assignmentand transfer of officers; residence of officers

399.425 Resignations

399.430 Absencewithout leave considered resignation

399.435 Efficiencyand medical examining boards; appointment

399.440 Efficiencyand medical examining boards; procedure and functions

399.445 Officerbonds

399.450 Responsibilityfor public property

399.456 Uniformallowance

399.460 OregonNational Guard Association

ENLISTEDPERSONNEL

399.505 Enlistment,period of service, transfer, discharge and extensions of enlistments

399.510 Contractand oath of enlistment

399.515 Sectionsto be explained

399.520 Noncommissionedofficers

399.525 Discharges

399.530 Droppingfrom rolls

PENALTIES

399.990 Penalties

399.010 [Repealed by1961 c.454 §213]

ORGANIZATION,TRAINING, ADMINISTRATION AND OPERATIONS

399.015 ArmyNational Guard.The ground force of the organized militia shall be the Army National Guard andshall be composed of the army units which are a part of the Oregon NationalGuard 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 federallyrecognized as such. [1961 c.454 §39]

399.020 [Repealed by1961 c.454 §213]

399.025Air National Guard.The air force of the organized militia shall be the Air National Guard andshall be composed of the air force units which are a part of the OregonNational Guard on August 9, 1961, and such units as may be authorizedthereafter, including the personnel who are enlisted, appointed or commissionedtherein. All persons who are members of the Air National Guard shall befederally recognized as such. [1961 c.454 §40]

399.030 [Repealed by1961 c.454 §213]

399.035Oregon State Defense Force. (1) In addition to the federally recognized OregonNational Guard subject to call or order to federal service under laws of theUnited States, there shall be organized within the state a National GuardReserve force. Such force shall be known as the Oregon State Defense Force, andshall be composed principally of officers, warrant officers and enlistedpersons not eligible for general service under federal selective service laws.

(2)In time of peace the Oregon State Defense Force shall be maintained at cadrestrength in numbers to be determined by the Governor.

(3)In time of peace the mission of the Oregon State Defense Force shall be toaugment the Oregon National Guard as an internal security force. In time ofwar, it shall replace the Oregon National Guard as a state force when theNational Guard is ordered into federal service.

(4)Whenever laws of the United States authorize the organization of such stateforces under federal recognition, the Governor shall promulgate suchregulations as are necessary to comply with such federal laws and obtainfederal recognition for the force authorized by this section. [1961 c.454 §41;1989 c.361 §6]

399.040 [Repealed by1961 c.454 §213]

399.045Organization and training; equality of treatment and opportunity. (1) The forcesof the organized militia shall be organized, armed, disciplined, governed,administered and trained as prescribed by applicable federal and state laws andregulations.

(2)It hereby is declared to be the policy of the state that there shall be anequality of treatment and opportunity for all persons in the organized militiawithout regard to race, creed, color or national origin. [1961 c.454 §§42,43]

399.050 [Repealed by1961 c.454 §213]

399.055Assemblies, periodic training and other duty. Members and units of theorganized militia shall assemble for training and shall participate in fieldtraining periods and active duty for training periods, maneuvers, schools,conferences or other similar duties at such times and places as are prescribedtherefor by applicable federal and state laws and regulations. In addition tothese 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. [1961c.454 §44]

399.060 [Repealed by1961 c.454 §213]

399.065Ordering organized militia into active state service; martial law. (1) TheGovernor shall have the power, in case of invasion, disaster, insurrection,riot, breach of the peace, or imminent danger thereof, to order into activeservice of the state for such period, to such extent and in such manner as theGovernor may deem necessary all or any part of the organized militia. Suchpower shall include the power to order the organized militia or any partthereof to function under the operational control of the United States Army, Navyor Air Force commander in charge of the defense of any area within the statewhich is invaded or attacked or is or may be threatened with invasion orattack.

(2)The Governor may order into active service of the state for such period, tosuch extent and such manner as the Governor may deem necessary units orindividuals of the organized militia when in the judgment of the Governor theservices of such units or individuals are required for the furtherance of theorganization, maintenance, discipline or training of the organized militia orfor ceremonial functions of the state government.

(3)Whenever any portion of the organized militia is employed pursuant to thissection, the Governor, if in the judgment of the Governor the maintenance oflaw and order will thereby be promoted, may by proclamation declare the countyor city in which the troops are serving, or any specified portion thereof, tobe under martial law. [1961 c.454 §45]

399.070 [Repealed by1961 c.454 §213]

399.075Ordering organized militia to active state duty; pay and allowances. (1) TheAdjutant General, with the approval of the Governor, may order members of theorganized militia to active state duty. Members, while on active state duty,shall receive not less than the pay and allowances of their correspondinggrades in the Armed Forces of the United States in accordance with a scheduleapproved by the Adjutant General for the period of time in active state duty.Active state duty under this subsection includes, but is not limited to, supportof federal, state and local drug eradication, interdiction and othercounterdrug operations under a counterdrug support plan approved by theGovernor, and reasons related to homeland security. When participating in suchsupport operations, and to the extent authorized by 32 U.S.C. 112, applicableregulations of the National Guard Bureau and the Oregon Counterdrug SupportPlan, the Oregon Military Department is designated as a law enforcement agencyfor the purpose of carrying out federal asset forfeiture laws only.

(2)Members of the organized militia serving on courts-martial, courts of inquiry,efficiency boards, medical boards or other special duty requiring absence fromtheir stations or business under competent orders may be reimbursed for necessaryexpenses incurred at the rate established for state employees under appropriatetravel regulations issued by the Oregon Department of Administrative Services.

(3)In lieu of other provisions of this chapter, a medical examiner may be paid forservices and necessary disbursements and a properly appointed judge advocatemay be paid for legal services and necessary disbursements in any suit, actionor proceeding, such amounts as shall be approved by the Governor.

(4)Members of the organized militia shall not receive from the state the pay orthe pay and allowances provided for by this section when eligible for such payand allowances from federal funds.

(5)Notwithstanding any of the provisions of this chapter, members of the organizedmilitia may with their consent perform without pay or without pay andallowances any of the types of military duty prescribed in this chapter and ORSchapters 396 and 398 pursuant to orders issued by competent military authority;provided however, that necessary traveling expenses, subsistence and per diemallowances may be furnished such members within the discretion of the AdjutantGeneral and within the amount appropriated therefor.

(6)All pay and allowances provided for by this chapter, except per diem, mileageand expenses while traveling under orders shall be subject to be applied to thepayment of penalties and fines imposed by military courts, and to the paymentof any shortage of or injury to state or United States property or funds forwhich a member of the organized militia is responsible or accountable wheresuch responsibility has been fixed by competent authority.

(7)(a)Except as provided in paragraph (b) of this subsection, members of theorganized militia who are ordered to active state duty shall be consideredtemporary employees of the military department.

(b)Members of the organized militia who are ordered to active state duty are notsubject to ORS chapter 240 and ORS 243.650 to 243.782.

(8)The limitations on employment imposed by ORS 238.082 (2) and (3) do not applyto a retired member of the Public Employees Retirement System who has attainednormal retirement age and is on active state duty. Hours served by a personunder this subsection shall not be counted for the purpose of the limitations onemployment imposed by ORS 238.082 (2) and (3). [1961 c.454 §69; 1997 c.486 §1;2003 c.311 §1; 2009 c.390 §§2,9]

399.080 [Repealed by1961 c.454 §213]

399.085Credit for active federal service. For all purposes under this chapter andORS chapters 396 and 398, members of the organized militia who enter and servein the active military service of the United States in time of war under a callor order by the President or who enter and serve on active duty in the militaryservice of the United States in time of peace in their status within theNational Guard of the United States or Air National Guard of the United Statesand who thereafter return to the military service of the state, shall beentitled to credit for time so served as if such service had been rendered tothe state. [1961 c.454 §47]

399.090 [Repealed by1961 c.454 §213]

399.095Militia unit funds.(1) There shall be paid to each unit of the organized militia such amountwithin 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 necessarymilitary expenses not otherwise provided for, including rent of armories asfollows:

(a)Upon certificate of the Adjutant General or the person designated by theAdjutant General that a unit of the organized militia is fully organized andhas complied with the military laws and regulations during the preceding threemonths, the Oregon Department of Administrative Services shall draw a warrantquarterly on the State Treasurer to the commander of the unit in the amountdesignated in the certificate.

(b)Whenever any unit is divided into two separate parts and stationed at differentlocalities, an additional sum of $300 per year may be paid to such unit, andthe total sum shall be divided and apportioned between the two parts by theAdjutant General, and the Oregon Department of Administrative Services shalldraw warrants accordingly.

(2)A custodian of a Unit Headquarters Fund may maintain a checking account in anyfinancial institution authorized to do business in Oregon if the financialinstitution is also authorized to provide checking account services and has itsaccounts insured by the Federal Deposit Insurance Corporation or other similarfederal agency which insures financial institutions. All moneys for a UnitHeadquarters Fund shall be deposited, spent and accounted for according toregulations adopted and published by the Oregon Military Department. [1961c.454 §70; 1983 c.107 §1; 1983 c.740 §125; 1989 c.360 §12; 2005 c.512 §41]

399.100 [Repealed by1961 c.454 §213]

399.105Militia unit facilities. Unless furnished by the United States, the stateshall provide adequate armory accommodations, bases, camps, target ranges andother facilities and shall maintain such facilities for units of the OregonNational Guard allotted to the state under the laws of the United States,accepted by the Governor and organized under the authority of this chapter andORS chapters 396 and 398. [1961 c.454 §46]

399.110 [Repealed by1961 c.454 §213]

399.115Trespassers and disturbers to be placed in arrest; sales and gambling prohibited. (1) Any personwho trespasses upon any armory, arsenal, camp, range, base or other facility ofthe organized militia or other place where any unit of the organized militia isperforming military duty, including training, or who in any way or mannerinterrupts or molests the discharge of military duties by any member of theorganized militia or of the Armed Forces of the United States or who trespassesor prevents the passage of troops of the organized militia or of the ArmedForces of the United States in the performance of their military duties may beplaced in arrest by the commanding officer, or the designated representative ofthe commanding officer, of the unit performing such military duty at the placewhere the offense is committed and may be held in arrest during the continuanceof the performance of such military duty, but not to exceed 12 hours.

(2)The commanding officer or the designated representative of the commandingofficer, of any unit of the organized militia performing military duty in or atany armory, arsenal, camp, range, base or other facility of the organizedmilitia or other place where such unit is performing military duty may prohibitpersons who hawk, peddle, vend or sell goods, wares, merchandise, food productsor 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 wheresuch unit is performing military duty or within such limits not exceeding onemile therefrom as the commanding officer may prescribe. Such commanding officermay in the discretion of the commanding officer abate as common nuisances allsuch sales, actions and gambling. [1961 c.454 §74]