USA Statutes : oregon
Title : TITLE 32 MILITARY AFFAIRS; EMERGENCY SERVICES
Chapter : Chapter 396 Militia Generally
The terms “unorganized militia,” “all or any
part of the organized militia,” and “organized militia or any force
thereof,” whenever used in this chapter and ORS chapters 398 and 399,
unless a different meaning is plainly required by the context, shall be
deemed to include any unit, command, component, element, headquarters,
staff or cadre thereof as well as any member thereof. [1961 c.454 §5(4)]


(1) It is the intent of
this chapter and ORS chapters 398 and 399 to provide for the Oregon
Military Department and for the State Militia and for the organization,
equipment, regulation and use thereof.

(2) All matters relating to the organization, discipline and
government of the organized militia, not otherwise provided for in this
chapter and ORS chapters 398 and 399 or in military department
regulations issued pursuant thereto, shall be decided by the customs and
usage of the appropriate force or forces of the Armed Forces of the
United States. [1961 c.454 §1; 1989 c.360 §2] This chapter and ORS
chapters 398 and 399 being a general law intended as a unified coverage
of its subject matter, no part of them shall be deemed to be impliedly
repealed by subsequent legislation if such construction can reasonably be
(1) If any clause, sentence,
paragraph or part of this chapter and ORS chapters 398 and 399 or the
application thereof to any person or circumstances shall, for any reason,
be adjudged by a court of competent jurisdiction to be invalid, such
judgment shall not affect, impair or invalidate the remainder of this
chapter and ORS chapters 398 and 399, and the application thereof to
other persons or circumstances, but shall be confined in its operation to
the clause, sentence, paragraph or part thereof directly involved in the
controversy in which judgment shall have been rendered and to the person
or circumstance involved. It is hereby declared to be the legislative
intent that this chapter and ORS chapters 398 and 399 would have been
adopted had such invalid provisions not been included.

(2) In so far as the provisions of this chapter and ORS chapters
398 and 399 are inconsistent with the provisions of any other Act,
general or special, or of any local law, the provisions of this chapter
COMPOSITION; COMMAND AND STAFF OFFICERS (1)
The militia of the state shall be divided into the organized militia and
the unorganized militia.

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

(3) The unorganized militia shall consist of all able-bodied
residents of the state between the ages of 18 and 45 who are not serving
in any force of the organized militia or who are not on the state retired
list and who are or who have declared their intention to become citizens
of the United States; subject, however, to such exemptions from military
duty as are created by the laws of the United States. [1961 c.454
§5(1),(2),(3); 1989 c.361 §2; 2005 c.512 §3] The following persons
shall be exempt from 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
church officials regularly conducting church services, or those
recognized by their church as devoting the major portion of their time to
the practice of religion.

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

(4) Persons whose religious tenets or conscientious scruples forbid
them to bear arms. [1961 c.454 §18] (1) The following persons of
the organized militia may administer oaths for the purposes of military
administration, including military justice, and affidavits may be taken
for those purposes before those persons who shall have the general powers
of a notary public:

(a) The State Judge Advocate and all Assistant State Judge
Advocates.

(b) All law specialists.

(c) All summary courts-martial.

(d) All adjutants, assistant adjutants, acting adjutants, personnel
adjutants and other persons of equivalent responsibility who may be
assigned a different position title by their respective force.

(e) All legal officers.

(f) The president, law officer, trial counsel and assistant trial
counsel for all general and special courts-martial.

(g) The president and the counsel for the court of any court of
inquiry.

(h) All officers designated to take a deposition.

(i) All persons detailed to conduct an investigation.

(j) All other persons designated by military department regulations
issued by the Governor.

(2) The signature without seal of any such person, together with
the title of office, is prima facie evidence of authority. [1961 c.454
§198] (1)
The Governor of the state, by virtue of office, is the Commander in Chief
of the militia of the state, and may issue military regulations for the
governance of the militia. Military regulations issued by the Governor
shall have the same force and effect as the provisions of this chapter
and ORS chapters 398 and 399. In issuing such regulations, the Governor
may give consideration to the laws and regulations of the United States
relating to the organization, discipline and training of the militia, to
the provisions of this chapter and ORS chapters 398 and 399 and to the
laws and regulations governing the United States Army and United States
Air Force. The military regulations in force on July 15, 2005, shall
remain in force until new regulations are approved and promulgated.

(2) The Governor may delegate to the Adjutant General authority to
issue the regulations described in subsection (1) of this section for the
governance of the militia. [1961 c.454 §6; 2005 c.512 §1] If
the Adjutant General adopts regulations for the organization, discipline
and governance of the organized militia, the Adjutant General shall
specify in the regulations a date on which the regulations become
operative for the purposes of all conduct occurring on or after the
specified date. The provisions of ORS chapters 396, 398 and 399 do not
apply to any conduct occurring on or after the specified date. [2005
c.512 §47]Note: 396.128 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 396 or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation. (1) The
Governor may order the organized militia or any part thereof to serve
outside the borders of this state or of the United States in order to
perform military duty of every description and to participate in parades,
reviews, cruises, conferences, encampments, maneuvers or other training,
and to participate in small arms and other military competitions and to
attend service schools.

(2) The provisions of this chapter and ORS chapters 398 and 399
shall apply to the members of the organized militia while serving without
the state and while going to and returning from such service without the
state in like manner and to the same extent as while serving within the
state. [1961 c.454 §15] When the militia of the
state or any part thereof is called forth under the Constitution and laws
of the United States, the Governor shall order out for service the
organized militia or such part thereof as may be necessary, and if the
number available is insufficient the Governor may call for and accept
from the unorganized militia as many volunteers as are required for
service in the organized militia or the Governor may direct the members
of the unorganized militia or such of them as the Governor may deem
necessary to be drafted into the organized militia. [1961 c.454 §16] (1)
Whenever the Governor deems it necessary, the Governor may direct the
members of the unorganized militia to present themselves for and submit
to registration at such time and place and in such manner as may be
prescribed by military department regulations issued pursuant to this
chapter and ORS chapters 398 and 399.

(2) Any member of the unorganized militia who is ordered to
register under the provisions of this section or to be drafted into the
organized militia under ORS 396.135, and who fails to appear at the time
and place designated in such order, shall be guilty of a misdemeanor.
[1961 c.454 §17] (1) The
military staff of the Governor shall consist of the Chief of Staff to the
Governor, the Military Council and such personal aides-de-camp as the
Governor shall deem necessary.

(2) The Adjutant General shall be Chief of Staff to the Governor.

(3) The Military Council hereby is established as an advisory board
to the Governor for the purpose of advising the Governor in all matters
of military interest to the state. It shall consist of the Adjutant
General and not fewer than 6 nor more than 10 officers of the Oregon
National Guard selected for their knowledge of the service. The Oregon
Army National Guard and the Oregon Air National Guard shall be
represented on the Military Council in proportion to their total strength.

(4) Personal aides-de-camp to the Governor may be selected from the
commissioned officers of the Oregon National Guard or from reserve
officers of the Armed Forces of the United States who are residents of
Oregon and who are not serving on extended active duty. Officers detailed
under this section shall not be relieved from their ordinary duties
except when actually on duty with the Governor.

(5) The military staff of the Governor shall, in addition to its
other duties, perform such ceremonial functions and duties as the
Governor may prescribe. [1961 c.454 §7; 2005 c.512 §4](1) The Governor shall appoint an Adjutant General who shall hold
office for a four-year term or until relieved by reason of resignation,
withdrawal of federal recognition or for cause to be determined by a
court-martial. The current term of an Adjutant General shall continue
until its prescribed expiration date while such Adjutant General is
serving in a federal active duty status under an order or call by the
President of the United States. Voluntary entry onto extended active duty
by a person holding the office of Adjutant General shall be an automatic
resignation of such officer.

(2) To be eligible for appointment to the office of Adjutant
General, a person must be an officer of the Oregon National Guard,
federally recognized in the grade of lieutenant colonel or higher, and
must have completed at least six years’ service in the Oregon National
Guard as a federally recognized officer.

(3) The Adjutant General may be appointed in the grade of
lieutenant colonel or higher, but not exceeding that of major general. If
appointed in a lower grade, the Adjutant General may be promoted by the
Governor to any grade not exceeding that of major general, to serve in
such grade only upon receipt of federal recognition therein. [1961 c.454
§8]
(1) The Adjutant General shall receive such salary as may be provided by
law or, if not so provided, as may be fixed by the Governor.

(2) Before entering upon the duties of office, the Adjutant General
shall give to the state a fidelity bond in such penal sum as may be fixed
by law or, if not so fixed, as may be fixed by the Governor, with a
corporate surety who is authorized to do business in this state. The
premium for such bond shall be paid by the military department.

(3) The Adjutant General shall be reimbursed for actual and
necessary traveling expenses. [1961 c.454 §9] (1) The Adjutant General shall be
the Director of the Oregon Military Department, and Chief of Staff to the
Governor. The Adjutant General shall be the Commander of the Oregon
National Guard.

(2) The Adjutant General shall be charged, under the direction of
the Governor, with the supervision of all matters pertaining to the
administration, discipline, mobilization, organization and training of
the Oregon National Guard and the Oregon State Defense Force.

(3) The Adjutant General shall perform all duties required by the
laws of the United States and of the State of Oregon, and the regulations
issued thereunder, now or hereafter promulgated.

(4) The Adjutant General may employ such deputies, assistants and
other personnel as the Adjutant General shall deem necessary to assist
the Adjutant General in the performance of those duties required of the
Adjutant General as Director of the Oregon Military Department. The
Adjutant General shall fix the compensation of such deputies, assistants
and other personnel in accordance with then existing state laws,
budgetary restrictions and employment policies.

(5) The Adjutant General shall supervise the preparation and
submission of all returns and reports pertaining to the militia of the
state as may be required by the United States.

(6) The Adjutant General shall be the channel of official military
correspondence with the Governor, and shall, on or before November 1 of
each year, make a report to the Governor of the transactions,
expenditures and condition of the Oregon National Guard. The report shall
include the report of the United States Property and Fiscal Officer.

(7) The Adjutant General shall be the custodian of records of
officers and enlisted personnel and all other records and papers required
by law or regulations to be filed in the office of the Adjutant General.
The Adjutant General may deposit with the State Archivist for safekeeping
in the official custody, records of the office of the Adjutant General
that are used for historical purposes rather than the administrative
purposes assigned to the office of the Adjutant General by law.

(8) The Adjutant General shall attest and record all military
commissions issued by the Governor and keep a roll of all commissioned
officers, with dates of commission and all changes occurring in the
commissioned forces.

(9) The Adjutant General shall record, authenticate and communicate
to troops and individuals of the militia all orders, instructions and
regulations.

(10) The Adjutant General shall cause to be procured, printed and
circulated to those concerned all books, blank forms, laws, regulations
or other publications governing the militia needful to the proper
administration, operation and training thereof or to carry into effect
the provisions of this chapter and ORS chapters 398 and 399.

(11) The Adjutant General shall have an appropriate seal of office
and affix its impression to all certificates of record issued from the
office of the Adjutant General.

(12) The Adjutant General shall render such professional aid and
assistance and perform such military duties, not otherwise assigned, as
may be ordered by the Governor.

(13) The Adjutant General shall, in time of peace, perform the
duties of quartermaster general and chief of ordnance.

(14) The Adjutant General may issue regulations as described in ORS
396.125 (1) if authority is delegated to the Adjutant General by the
Governor. [1961 c.454 §10; 1989 c.360 §3; 1989 c.361 §3; 2001 c.104 §137;
2005 c.512 §2] (1) The Adjutant General may
appoint three Assistant Adjutants General, two from the Army National
Guard of Oregon and one from the Air National Guard of Oregon who shall
serve at the pleasure of the Adjutant General or until relieved by reason
of resignation, withdrawal of federal recognition or for cause to be
determined by a court-martial. Voluntary entry onto extended active duty
by a person holding the office of Assistant Adjutant General shall be
deemed automatic resignation of such officer.

(2) To be eligible for appointment to the office of Assistant
Adjutant General, a person must be an officer of the Oregon National
Guard, federally recognized in the grade of lieutenant colonel or higher,
and must have completed at least six years service in the Oregon National
Guard as a federally recognized officer.

(3) An Assistant Adjutant General may be appointed in the grade of
lieutenant colonel or higher, but not exceeding that of brigadier
general. An Assistant Adjutant General may be promoted by the Governor to
any grade not exceeding that of brigadier general, to serve in such grade
only upon receipt of federal recognition therein.

(4) The Assistant Adjutants General shall perform such duties as
may be assigned by the Adjutant General.

(5) An Assistant Adjutant General shall be compensated at a rate
determined by the Oregon Department of Administrative Services.

(6) In any absence of the Adjutant General caused by death or other
inability to perform the duties of the office, the Governor or the
Adjutant General may designate an Assistant Adjutant General to be the
Acting Adjutant General. Except when the Governor or the Adjutant General
designates another of the Assistant Adjutants General to be the Acting
Adjutant General, the Assistant Adjutant General senior in military grade
shall assume the responsibilities and powers and perform all the duties
required of the Adjutant General, and shall be Acting Adjutant General.
An officer serving as Acting Adjutant General under this section shall
continue to receive the salary authorized for an Assistant Adjutant
General, when the officer is a state employee, but shall otherwise
receive the salary authorized for the Adjutant General. The Acting
Adjutant General shall serve until the Adjutant General is again able to
perform the duties of the office, or if such office is vacant, until an
Adjutant General is regularly appointed and qualified. While so serving,
the Acting Adjutant General shall give to the state a fidelity bond in
the same manner and in the same sum as is required from the Adjutant
General. [1961 c.454 §11; 1963 c.62 §1; 1983 c.534 §1; 1999 c.96 §1] (1) If the federally recognized
Oregon National Guard, or any portion thereof, is called or ordered to
active federal duty by the President, and if such call or order shall
include the Adjutant General and Assistant Adjutants General, the
Governor may appoint an Acting Adjutant General who shall assume the
responsibilities and powers and perform all duties required of the
Adjutant General, and who shall be selected from the federally recognized
officers not called or ordered to active duty and who meet the
qualifications established for the appointment of an Adjutant General, or
if no such officer is available, then from the following:

(a) Officers of the National Guard Reserve.

(b) Inactive or retired officers of the Oregon National Guard.

(c) Army or Air Force officers who have retired and are residents
of the State of Oregon.

(2) If, on the occurrence of a vacancy in the office of Adjutant
General, there is no duly qualified and appointed Assistant Adjutant
General, the Governor may designate an Acting Adjutant General who shall
assume temporarily the responsibilities and powers and perform all duties
required of the Adjutant General until such time as an Adjutant General
is regularly appointed and qualified. An Acting Adjutant General
designated under this provision shall have the same qualifications as are
required for the appointment of an Adjutant General.

(3) The Acting Adjutant General serving under the terms of this
section shall be compensated as determined by the Governor, but the
amount shall not exceed that authorized for a regularly appointed
Adjutant General.

(4) The Acting Adjutant General, before entering upon the duties of
office, shall give to the state a fidelity bond in such penal sum as may
be fixed by law, or if not so fixed, as may be approved by the Governor,
with a corporate surety who is authorized to do business in this state.
The premium for such bond shall be paid by the military department. [1961
c.454 §12; 1963 c.62 §2] (1) The Adjutant
General shall recommend to the Governor, who shall appoint, designate or
detail, subject to the approval of the Secretary of the Army and the
Secretary of the Air Force, a qualified commissioned officer of the
Oregon National Guard who is also a commissioned officer of the Army
National Guard of the United States or the Air National Guard of the
United States, as the case may be, to be the United States Property and
Fiscal Officer for Oregon. If the officer is not on active federal duty,
the President may order the officer to active duty, with the consent of
the officer, to serve as a Property and Fiscal Officer as provided in
section 708 of title 32, United States Code. The United States Property
and Fiscal Officer shall function under the direction of the Adjutant
General, and cooperate fully with National Guard Regulations and Air
National Guard Regulations and the regulations and policies of the
Department of the Army and Air Force. The United States Property and
Fiscal Officer may serve until 60 years of age if otherwise qualified.

(2) As long as the position of the United States Property and
Fiscal Officer is covered by a Position Schedule Bond authorized by the
United States Code, and such position bonding is automatic upon
acceptance of property accountability, no further bonding action on the
part of the state or the individual appointed shall be required. [1961
c.454 §13]OREGON MILITARY DEPARTMENT (1) The
Oregon Military Department is established. The department, under the
direction of the Governor, shall be responsible as provided in this
chapter and ORS chapters 398 and 399 for the supervision of the military
affairs of the state.

(2) The military department shall prepare and promulgate necessary
regulations for the organization, governance, armament, equipment,
training and compensation of the militia of the state in conformity with
the provisions of this chapter, ORS chapters 398 and 399 and the laws of
the United States. Regulations so made shall be subject to the approval
of the Governor.

(3) The military department shall make such changes in the military
organization of the Oregon National Guard as are necessary from time to
time to conform to the requirements of the laws of the United States and
the directives of the National Guard Bureau.

(4) The military department shall fix the location of the units and
headquarters of the Oregon National Guard, and shall, subject to the
approval of the National Guard Bureau, transfer, attach, consolidate or
inactivate any organization or unit when in its judgment the efficiency
of the present organization will be increased thereby.

(5) The military department shall have the power to establish
awards and decorations and to approve the design therefor. [1961 c.454
§19; 1989 c.360 §4; 2005 c.512 §34] The enumeration of
duties and functions in ORS 396.305 to 396.360 and 396.505 to 396.545
shall not be deemed exclusive nor construed as a limitation on the powers
and authorities vested in the department by other provisions of law.
[1961 c.454 §20] (1) The
military department shall be under the supervision and control of the
Adjutant General, who shall also serve as director of the department, and
who shall be appointed by the Governor as provided in ORS 396.150.

(2) The Adjutant General shall be responsible for the performance
of the duties imposed upon the department, and for such other duties as
may be prescribed by this chapter and ORS chapters 398 and 399, or by the
Governor. [1961 c.454 §21] The Adjutant General shall
organize and reorganize the military department as necessary to the
accomplishment of its functions and duties. Such organization or
reorganization shall be approved by the Governor prior to implementation.
[1961 c.454 §22] Army and air
technicians are federal civilian employees authorized by section 709,
title 32, United States Code and paid from federal funds allocated to the
state. As such they are subject to the jurisdiction and control of the
Adjutant General. [1961 c.454 §23; 1969 c.367 §1](1) State employees of the Oregon Military Department who are not
otherwise members of the Oregon National Guard may be required as a
condition of employment to obtain membership in the Oregon State Defense
Force when in the judgment of the Adjutant General the membership
maintains or enhances the readiness and stability of the department to
provide services if the need for Oregon State Defense Force assistance
should arise. The decision of the Adjutant General shall be carried out
by written regulation and shall not be subject to collective bargaining.

(2) Members of the Oregon National Guard or Oregon State Defense
Force who are ordered to state active duty under the provisions of ORS
chapter 399 shall be considered as being in the military service of the
state and shall be considered temporary employees of the military
department.

(3) State employees of the military department may be ordered to
state active duty under ORS chapter 399 without jeopardizing their status
as regular employees. Employees so ordered must be in an authorized leave
status from their regular military department employment during the
period served on active duty.

(4) State employees of the military department shall be subject to
ORS chapter 240 or 243 when performing as regular employees.

(5) Members of the Oregon National Guard who are serving under
Title 10 or Title 32 of the United States Code are not eligible, by
reason of that service, for the rights or benefits of public employees
granted or authorized by ORS chapter 236, 237, 238, 238A, 240 or 243.
Except as required by federal law or regulation, ORS chapters 652, 653,
654, 656, 657, 659, 659A, 661 and 663 do not apply to members of the
Oregon National Guard who are serving under Title 10 or Title 32 of the
United States Code. [1961 c.454 §24; 1969 c.367 §2; 1989 c.361 §4; 1995
c.571 §1; 1999 c.96 §2; 2001 c.621 §78; 2003 c.733 §78]For the purpose of requesting a
state or nationwide criminal records check under ORS 181.534, the Oregon
Military Department may require the fingerprints of:

(1) A person who is applying for or is employed in a position in a
job category for which a state or nationwide criminal records check is a
job qualifier and in which personnel:

(a) Are assigned to the at-risk youth alternative education program;

(b) Are issued firearms and munitions;

(c) Have fiscal and purchasing responsibilities as their primary
responsibilities; or

(d) Have regular access to restricted areas within a military
installation.

(2) A person who is applying to join the organized militia of this
state, as described in ORS 396.105, or is a member of the organized
militia of this state. [2001 c.407 §2; 2005 c.730 §§21,79] Unless otherwise specially provided in
this chapter and ORS chapters 398 and 399, warrants on the State Treasury
for all duly authenticated bills of the military department as approved
by the Adjutant General or the person designated by the Adjutant General,
in favor of the persons to whom the state is indebted for military
purposes shall be drawn and paid in the same way other claims against the
state are paid. [1961 c.454 §25; 1975 c.614 §12] The
Adjutant General may accept, receive and receipt for moneys made
available from the federal government in connection with maintenance
service contracts for federal property used by the state. All federal
moneys received by the Adjutant General under this section shall be
deposited in the State Treasury in the Military Department Miscellaneous
Receipts Account to be available for Oregon Military Department expenses.
[1961 c.454 §27; 1973 c.297 §1; 1989 c.360 §5] The moneys received by
the Adjutant General from fines imposed by courts-martial and, except as
provided in ORS 279A.280, 279A.285 and 283.110, the moneys received from
other miscellaneous sources shall be deposited in the General Fund in the
State Treasury, to be available for general governmental expenses. [1961
c.454 §26; 1963 c.169 §5; 1965 c.445 §1; 2003 c.794 §272] (1) A revolving fund
not to exceed $25,000 for the use of the military department hereby is
established for the purpose of providing funds to pay expenses of the
department where it is necessary to make immediate cash payments to
obtain trade discounts and for travel, postage, expressage, emergency
advances and items which are payable immediately in cash upon
presentation. The revolving fund shall be deposited with the State
Treasury. The Adjutant General, or the person designated by the Adjutant
General in writing filed with the Oregon Department of Administrative
Services, may draw checks or orders upon the State Treasurer payable from
the revolving fund in making disbursements for the purposes listed in
this subsection.

(2) The revolving fund shall be reimbursed at least once each month
by submission of a duly approved claim for payment from the account or
fund appropriated and available for payment of authorized expenses of the
military department. [1961 c.454 §28; 1975 c.614 §13; 1979 c.95 §4]
(1) As used in this section, “settle” means consider, ascertain, adjust,
determine and dispose of a claim, whether by full or partial allowance or
by disallowance.

(2) Under such military department regulations as the Governor may
prescribe, the Governor or, subject to appeal to the Governor, the
Adjutant General, may settle and pay in an amount not more than $500 a
claim against the state for:

(a) Damage to or loss of real property, including damage or loss
incident to use and occupancy; and

(b) Damage to or loss of personal property, either caused by a
member of the organized militia acting within the scope of assigned
duties, or otherwise incident to noncombat activities of the organized
militia.

(3) A claim may be allowed under subsection (2) of this section
only if:

(a) It is presented in writing within one year after it accrues;

(b) It is not payable under section 2733 or 2734 of title 10,
United States Code, under section 2672 of title 28, United States Code or
under section 715 of title 32, United States Code;

(c) The damage to, or loss of, property was not caused wholly or
partly by a negligent or wrongful act of the claimant, agent or employee
of the claimant; and

(d) It is substantiated as prescribed in regulations issued
pursuant to this chapter and ORS chapters 398 and 399.

(4) No claim may be paid under this section unless the amount
tendered is accepted by the claimant in full satisfaction.

(5) Notwithstanding any other provision of law, the settlement of a
claim under this section is final and conclusive.

(6) Claims approved for payment under this section shall be paid
from moneys available to the military department. [1961 c.454 §29; 1963
c.169 §6; 1981 c.471 §1](1) The Oregon Military Department may adopt reasonable
policies or procedures for any program operated by the military
department for at-risk youth where attendance by at-risk youth is
voluntary. The policies or procedures adopted by the military department
may include but are not limited to drug testing policies designed to
ensure that a person enrolled in the program is not engaging in unlawful
drug use.

(2) The military department may adopt policies or procedures
pursuant to subsection (1) of this section by regulation or may provide
notice of policies or procedures to at-risk youth prior to enrollment in
the program.

(3) The results of any drug test performed pursuant to this section
shall be used solely for the purpose of determining eligibility for
enrollment or continuing attendance in the program and shall not be used
against the person in any criminal prosecution. [1999 c.1053 §49; 2005
c.512 §35] (1)
The Oregon Military Emergency Financial Assistance Program is created in
the Oregon Military Department. The purpose of the program is to provide
hardship grants and loans to members and immediate family of members of
the Oregon National Guard on active duty.

(2) The department shall adopt regulations implementing subsection
(1) of this section, including but not limited to establishing procedures
for applying for a hardship grant or loan and criteria for determining
eligibility to receive a hardship grant or loan.

(3) As used in this section, “immediate family” means a spouse,
child or stepchild. [2005 c.836 §9]Note: 396.362 and 396.364 were enacted into law by the Legislative
Assembly but were not added to or made a part of ORS chapter 396 or any
series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation. The
Oregon Military Emergency Financial Assistance Fund is established in the
State Treasury, separate and distinct from the General Fund. The Oregon
Military Emergency Financial Assistance Fund shall consist of moneys
appropriated to the fund by the Legislative Assembly and moneys
contributed through the charitable checkoff program described in ORS
316.491. Moneys in the fund are continuously appropriated to the Oregon
Military Department for the purposes of funding hardship grants and loans
described in ORS 396.362. Interest earned by the fund shall be credited
to the fund. [2005 c.836 §10]Note: See note under 396.362. (1) As
used in this section, “active member of the Armed Forces of the United
States” and “Armed Forces of the United States” have the meanings given
those terms in ORS 497.006.

(2) A person may apply to the Oregon Military Department for
reimbursement for the cost of a resident annual hunting license to hunt
wildlife issued to the person under ORS 497.102 and a resident annual
angling license issued to the person under ORS 497.121 if the person:

(a) Is an active member of the Armed Forces of the United States; or

(b) Has retired from the Armed Forces of the United States within
12 months of the date of making the application for a license.

(3) The department shall reimburse a person described in subsection
(2) of this section for the cost of a resident annual hunting license to
hunt wildlife and a resident annual angling license upon receipt of the
person’s application.

(4) The department shall adopt regulations implementing subsection
(3) of this section. [2005 c.831 §11]Note: 396.370 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 396 or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation.ARMORIES, CAMPS AND OTHER PROPERTY As used
in ORS 396.505 to 396.545, “armory” means any building, together with the
grounds upon which it is situated, used for the storage and maintenance
of military property or the training of troops, and in addition real
property acquired or held in contemplation of such use. [1961 c.454 §30;
2001 c.104 §138] (1) The
military department shall have control of armories and shall prescribe
the regulations governing the same. All state and United States property
must, as far as possible, be kept in them, and the commanders of troops
using the armories will be held responsible for the safekeeping and
proper care of such property and its protection against damage,
misappropriation or loss. Armories, while occupied by troops, shall be
considered military posts under the exclusive jurisdiction of the officer
commanding the post.

(2) The military reservations known as Camp Rilea, purchased for
the State of Oregon; Camp Withycombe, transferred to the state by the
federal government; and any military reservations acquired in the future;
and any property licensed or leased to the state by the federal
government for military use, shall be under the control of the military
department. [1961 c.454 §31]
(1) Subject to the restriction contained in subsection (4) of this
section, the Oregon Military Department may sell, exchange or lease any
military department real property that is found to have become unsuitable
for military department purposes. The Adjutant General shall make a
determination of the unsuitability of the property for military
department purposes and the advisability or necessity of sale, exchange
or lease of the property.

(2) Title to any real property sold or exchanged shall be given in
the name of the State of Oregon, and the deed conveying the title shall
be signed by the Adjutant General. Title to real property received in
exchange of military department real property shall be taken in the name
of the State of Oregon, and the control of the property shall be vested
in the military department.

(3) Military department real property owned jointly by the State of
Oregon and the United States, or military department real property
subject to federal restrictions in conflict with ORS 396.505 to 396.545,
shall, with appropriate federal authorization, be subject to the
provisions of ORS 396.505 to 396.545.

(4) Prior to the sale of military department real property, the
military department shall submit to the Legislative Assembly if in
regular session, or to the Emergency Board when the legislature is not in
regular session, the proposed sale of military department real property,
for approval. [1961 c.454 §32; 2003 c.28 §1]The sale, exchange or lease of
Oregon Military Department real property, as authorized in ORS 396.515,
which the State of Oregon owns or in which it has an equitable interest
or estate, shall be subject to the provisions of ORS 270.020, 273.225 to
273.241. [1961 c.454 §33; 2003 c.28 §2](1) The Military Department
Construction Account, separate and distinct from the General Fund, is
established in the State Treasury. Moneys received by the State of Oregon
in payment for military department real property sold shall be deposited
in the Military Department Construction Account. All moneys in the
account are appropriated continuously and shall be used by the military
department for capital construction expenses.

(2) Interest received on deposits credited to the Military
Department Construction Account shall accrue to and become part of the
Military Department Construction Account. [1961 c.454 §34; 1973 c.297 §2;
1989 c.254 §1]
Armories may be constructed in such cities not already provided with
armories or in which existing armories are inadequate, where one or more
units of the organized militia, fully organized under this chapter and
ORS chapters 398 and 399, may be located and where, in the judgment of
the military department, it will be most convenient to the units, and
where most needed. All title to the armory and grounds upon which it is
situated shall vest in the State of Oregon. [1961 c.454 §35](1) The military department shall be a body corporate and
shall have the powers of a corporation for the purpose of purchasing,
leasing, renting or otherwise acquiring buildings or parts thereof,
grounds, premises, offices, rooms, warehouses, garages, shops and storage
areas for the use of the department or any unit of the organized militia.
For such purpose the military department, subject to the review and
supervision of the Oregon Department of Administrative Services as
required by ORS 276.428 and 276.429, may make and execute contracts and
agreements the legal form and sufficiency of which shall first be
approved by the Attorney General.

(2) Costs and charges in connection with the acquisition and use of
property under this section shall be paid from funds appropriated for the
use of the military department and shall not be general obligations of
the State of Oregon. [1961 c.454 §36] (1) Armories may be used by members and
units of the organized militia in accordance with regulations issued
pursuant to this chapter and ORS chapters 398 and 399.

(2) Armories may be used by any veterans’ organizations and their
auxiliaries located in the city, town or community where the armory is
located, provided such use will not interfere with the use of the
facilities by the organized militia or result in risk to federal or state
property, and provided that the organization makes a written request
therefor and pays for heat, lights, janitor service and other expense
required by such use.

(3) Armories may be used by any federal, state, county and
municipal bureau, agency or department or by the Armed Forces of the
United States, including the Coast Guard, or by the reserve components
thereof for their official business, provided that such use does not
interfere with the members and units of the organized militia stationed
in such armory, and provided that such use is approved by the officer in
charge thereof and by military superiors as prescribed by military
department regulations issued pursuant to this chapter and ORS chapters
398 and 399.

(4) Armories may be rented for use by a person, firm, association
or corporation, not specified elsewhere in this section, for such
purposes and upon such terms as may be approved by the officer in charge
of the armory and by military superiors as prescribed by military
department regulations issued pursuant to this chapter and ORS chapters
398 and 399 and provided that such use will not, and only so long as such
use does not, interfere with the use of the armory by the members and
units of the organized militia stationed therein.

(5) The Oregon National Guard Association described in ORS 399.460
may use an armory or other military facility at no cost, provided that
the use is approved by the officer in charge and by military superiors as
prescribed by military department regulations issued pursuant to this
chapter and ORS chapters 398 and 399. [1961 c.454 §37; 1991 c.421 §1;
2003 c.28 §3] (1) The person,
firm, association or corporation applying for the rental of an armory or
space within an armory shall execute and deliver a written agreement
which shall include among its provisions its full name and address, the
purpose for which such use is desired, the nature and manner of the
intended use of such space, a reasonable rental to be paid for such use
and the amounts to be paid for heating, lighting, janitorial and other
services connected with such use. The terms and provisions of such
agreement shall be governed by military department regulations issued
pursuant to this chapter and ORS chapters 398 and 399, which regulations
shall include provisions designed to prevent unfair competition with
privately owned property and business.

(2) No agreement for use made under this section shall be effective
until such agreement or lease has been approved and executed by the
officer in charge of the armory and has been approved by military
superiors as prescribed by military department regulations issued
pursuant to this chapter and ORS chapters 398 and 399.

(3) No agreement or lease made under this section may be assigned
in whole or in part nor may such space or any part thereof be sublet to
or used by a person, firm, association or corporation not a party to such
agreement, unless each assignment, subletting or use is first approved in
writing by the officer in charge of the armory.

(4) All moneys paid or given, directly or indirectly, for the use
of an armory or to obtain an agreement or permission to use the armory
shall be use fees within the meaning of this section and shall be paid to
the officer in charge of the armory. Any person other than the officer in
charge of the armory who receives any such moneys shall immediately pay
over the moneys to the officer in charge of the armory, who shall
immediately forward such moneys for deposit in the Military Department
Miscellaneous Receipts Account in the State Treasury to be available for
Oregon Military Department expenses.

(5) Notwithstanding any of the provisions of ORS 396.505 to
396.545, when use of an armory is by a federal, state, county or
municipal bureau, agency or department or by any of the Armed Forces of
the United States or any of the reserve components thereof, or by any
reserve officers training corps unit, the Adjutant General, in the
discretion of the Adjutant General, may require the execution of a
contract or agreement for such use, upon such terms and conditions as the
Adjutant General may prescribe. [1961 c.454 §38; 1973 c.297 §3; 1989
c.360 §6] (1)
The Oregon Military Museum is established at Camp Withycombe in Clackamas
County. The Oregon Military Department shall establish an official
repository in the museum for military weapons, documents and artifacts
relating to the military history of the citizens of Oregon, whether
service is in the Oregon National Guard or the Army, Navy, Air Force,
Marine Corps or Coast Guard of the United States.

(2) The department may enter into agreements with the contributors
of such artifacts as it considers necessary. [1975 c.235 §2; 1989 c.360
§7; 2001 c.656 §1] The Oregon
Military Department may seek, solicit, receive and administer monetary
grants or donations for the support and improvement of the Oregon
Military Museum established under ORS 396.555. Grants and donations so
received are continuously appropriated to the Oregon Military Department
for the purposes of this section and ORS 396.565. [1977 c.118 §2; 1989
c.360 §8; 2001 c.656 §2] The Oregon Military Department may
donate, exchange or otherwise dispose of property not required for the
current or anticipated needs of the Oregon Military Museum. Disposal
shall be made in a manner appropriate to the historic or intrinsic value
of the property and shall be performed to engender goodwill and to
improve the museum. [1977 c.118 §3; 1989 c.360 §9; 2001 c.656 §3]

_______________