reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 396 - Militia Generally › Section 396.165 - Assistant Adjutants General.

(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]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 396 - Militia Generally › Section 396.170 - Acting Adjutant General.

(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]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 396 - Militia Generally › Section 396.175 - United States Property and Fiscal Officer.

(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]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 396 - Militia Generally › Section 396.305 - Oregon Military Department; duties and functions.

(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]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 396 - Militia Generally › Section 396.310 - Enumeration of duties not exclusive.

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]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 396 - Militia Generally › Section 396.315 - Adjutant General as director of department.

(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]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 396 - Militia Generally › Section 396.325 - Army and air technicians as federal employees.

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]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 396 - Militia Generally › Section 396.330 - Employees of military department; civil service status; conditions of employment; application of civil service and employment laws.

(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 Civil 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 Civil 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 Civil 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; 2017 c.472 §5]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 396 - Militia Generally › Section 396.332 - Authority of Oregon Military Department to require fingerprints for criminal records check.

For the purpose of requesting a state or nationwide criminal records check under ORS 181A.195, 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]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 396 - Militia Generally › Section 396.335 - Drawing warrants.

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]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 396 - Militia Generally › Section 396.337 - Cooperative agreements with federal National Guard Bureau; rules.

(1) The Oregon Military Department may enter into cooperative agreements with the federal National Guard Bureau.
(2) The department may select any available payment method option for a cooperative agreement, including the advance payment method.
(3) If the department selects the advance payment method for a cooperative agreement, the department may not incur a funding obligation that is payable or reimbursable from federal moneys under the cooperative agreement unless moneys sufficient to meet the obligation are available in the State Treasury and:
(a) Are available for expenditure by the department; and
(b) Are not committed or encumbered for any other purpose.
(4) The department may adopt rules as necessary to maintain the eligibility of the state to receive advance payments under cooperative agreements with the federal National Guard Bureau. [2019 c.367 §1]
Note:
396.337 and 396.338 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.
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 396 - Militia Generally › Section 396.338 - Accounts for cooperative agreements.

The State Treasurer, at the request of the Oregon Military Department, may create accounts in the State Treasury, separate and distinct from the General Fund, pursuant to a cooperative agreement described in ORS 396.337 or federal statutes or regulations governing the cooperative agreement. Interest earned by such an account must be credited to the account. Moneys in accounts created under this section are continuously appropriated to the Oregon Military Department. [2019 c.367 §2]
Note:
See note under 396.337.
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 396 - Militia Generally › Section 396.340 - Receipt and disposition of certain federal moneys.

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]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 396 - Militia Generally › Section 396.345 - Disposition of receipts generally.

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]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 396 - Militia Generally › Section 396.355 - Property loss incident to activities of organized militia.

(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]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 396 - Militia Generally › Section 396.360 - Department programs for at-risk youth; policies and procedures.

(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]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 396 - Militia Generally › Section 396.362 - Oregon Military Emergency Financial Assistance Program.

(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.
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 396 - Militia Generally › Section 396.364 - Oregon Military Emergency Financial Assistance Fund.

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 305.690 to 305.753. 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; 2021 c.8 §12]
Note:
See note under 396.362.
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 396 - Militia Generally › Section 396.375 - Report to legislature on military cultural barriers.

On or before October 1 of each even-numbered year, the Oregon Military Department shall report to a legislative committee dealing with the military on the existing military cultural barriers that discourage service members from identifying their medical, emotional, psychological and other barriers to reintegration into civilian life. [2011 c.128 §1]
Note:
396.375 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.
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 396 - Militia Generally › Section 396.505 - Definition of "armory" for ORS 396.505 to 396.545.

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]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 396 - Militia Generally › Section 396.510 - Control of armories and camps; care of property.

(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]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 396 - Militia Generally › Section 396.515 - Sale, exchange or lease of military department property.

(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, or to the Emergency Board or the Joint Interim Committee on Ways and Means when the legislature is not in session, the proposed sale of military department real property, for approval. [1961 c.454 §32; 2003 c.28 §1; 2008 c.18 §9; 2012 c.107 §12]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 396 - Militia Generally › Section 396.520 - Applicability of laws governing sale, exchange or lease of military department property generally.

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 and 273.225 to 273.241. [1961 c.454 §33; 2003 c.28 §2]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 396 - Militia Generally › Section 396.525 - Military Department Construction Account; disposition of moneys received from sale of real property.

(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]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 396 - Militia Generally › Section 396.530 - Location of new armories; title to armories and grounds.

Armories may be constructed in locations 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; 2011 c.87 §1]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 396 - Militia Generally › Section 396.535 - Acquisition of property for military use; payment for use of property.

(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]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 396 - Militia Generally › Section 396.540 - Use of armories.

(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 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; 2011 c.87 §2]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 396 - Militia Generally › Section 396.545 - Leases and agreements for use of armories.

(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]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 396 - Militia Generally › Section 396.555 - Oregon Military Museum established at Camp Withycombe.

(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]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 396 - Militia Generally › Section 396.560 - Grants and donations for Oregon Military Museum.

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]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 396 - Militia Generally › Section 396.565 - Disposal of property.

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]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 396 - Militia Generally › Section 396.595 - Military Family Appreciation Day.

May 8 of each year shall be known as Military Family Appreciation Day. [2009 c.84 §1]
Note:
396.595 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.
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 397 - (Former Provisions) › Section 397.005, 397.010, 397.015, 397.020, 397.025, 397.030, 397.035, 397.040, 397.045, 397.050, 397.055, 397.060, 397.065, 397.070, 397.075, 397.080, 397.085, 397.090, 397.095, 397.100, 397.105, 397.110, 397.115, 397.120, 397.125, 397.130, 397.135, 397.140, 397.145, 397.150, 397.155, 397.160, 397.165, 397.170, 397.175, 397.180, 397.185, 397.190, 397.195, 397.200, 397.205, 397.210, 397.215, 397.220, 397.225, 397.230, 397.235, 397.240, 397.245, 397.250, 397.255, 397.260, 397.265, 397.270, 397.275, 397.280, 397

(Amended by 1953 c.160 §3), 397.305, 397.310, 397.315, 397.320, 397.325, 397.340, 397.345, 397.350, 397.355, 397.360, 397.365, 397.370, 397.371 (1953 c.340 §1), 397.372 (1953 c.340 §§2,3,5,6; 1961 c.147 §1), 397.373 (1953 c.340 §4), 397.374 (1953 c.340 §6; 1961 c.147 §2), 397.375, 397.380, 397.383 (1953 c.289 §2; subsection (2) enacted as 1955 c.351 §2), 397.385, 397.390, 397.395, 397.400, 397.405, 397.410, 397.415, 397.420, 397.425, 397.430 (1955 c.350 §2), 397.435 (1955 c.350 §3), 397.440 (1955 c.350 §4), 397.505, 397.510, 397.515, 397.520, 397.525, 397.530, 397.535, 397.540, 397.545, 397.550, 397.555, 397.560, 397.565, 397.570, 397.575, 397.580, 397.585, 397.590, 397.595 (amended by 1955 c.350 §1), 397.600, 397.605, 397.610, 397.615 and 397.990, all relating to the National Guard, repealed by 1961 c.454 §213.
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 398 - Military Justice › Section 398.002 - Definitions for this chapter and ORS 396.120, 396.145, 399.205 and 399.515.

As used in this chapter and ORS 396.120, 396.145, 399.205 and 399.515, unless the context requires otherwise, the following terms have the meanings given those terms in the Oregon Code of Military Justice:
(1) "Commanding officer."
(2) "Commissioned officer."
(3) "Confining authority."
(4) "Convening authority."
(5) "Enlisted member."
(6) "Judge advocate."
(7) "Military court."
(8) "Military judge."
(9) "Officer."
(10) "Record."
(11) "State Judge Advocate."
(12) "Superior commissioned officer." [1961 c.454 §78; 1975 c.719 §1; 1985 c.682 §14; 1989 c.361 §5; 2005 c.512 §5; 2013 c.81 §3]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 398 - Military Justice › Section 398.004 - Persons subject to Oregon Code of Military Justice.

(1) The following persons who are not in federal service are subject to the Oregon Code of Military Justice as described in ORS 396.128:
(a) Members of the organized militia.
(b) All other persons lawfully ordered to duty in or with the organized militia, from the dates they are required by the terms of the order or other directive to obey the same.
(2) A person may not be tried or punished for any offense provided in the Oregon Code of Military Justice unless:
(a) The offense was committed while the person was in a duty status during a period of time in which the person was under lawful orders to be in a duty status; or
(b) The offense charged has a connection with the military status or assignment of the person. For purposes of this paragraph, the required connection with military status or assignment is conclusively established for offenses for which there is no equivalent offense in the general criminal laws of this state and for offenses involving wrongful use, possession, manufacture, distribution or introduction of a controlled substance described in Article 112a of the Oregon Code of Military Justice.
(3)(a) Subject matter jurisdiction is established if a nexus exists between an offense, either military or nonmilitary, and the state military force.
(b) State military forces have primary jurisdiction of military offenses defined in Article 1(a)(18) of the Oregon Code of Military Justice when persons subject to the code are in a duty status or are properly ordered to be in a duty status.
(c) Except as provided in paragraph (f) of this subsection, a civilian court has primary jurisdiction of an offense when:
(A) An act or omission violates both the Oregon Code of Military Justice and a state, federal or foreign criminal law; and
(B) A person subject to the code was neither in a duty status nor properly ordered to be in a duty status at the time of the act or omission.
(d) When a person is charged with an offense described in paragraph (c) of this subsection, a court-martial or nonjudicial punishment may be initiated only after a civilian court has declined to prosecute or has dismissed the charge, provided jeopardy has not attached.
(e) Jurisdiction over attempted crimes, conspiracy crimes, solicitation and accessory crimes must be determined by the underlying offense.
(f) State military forces have jurisdiction of any offense involving a person subject to the Oregon Code of Military Justice when the person is in a duty status, when the person is properly ordered to be in a duty status or when the sole offense is conduct that is prohibited by Article 112a of the Oregon Code of Military Justice. [1961 c.454 §79; 2013 c.81 §4]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 398 - Military Justice › Section 398.006 - Jurisdiction to try certain personnel.

(1) Each person discharged from the organized militia who is later charged with having fraudulently obtained the discharge of the person is, subject to ORS 398.216, subject to trial by court-martial on that charge and is after apprehension subject to the Oregon Code of Military Justice while in the custody of the military for that trial. Upon conviction of that charge, the person is subject to trial by court-martial for all offenses under the Oregon Code of Military Justice committed before the fraudulent discharge.
(2) A person who has deserted from the organized militia may not be relieved from amenability to the jurisdiction of the Oregon Code of Military Justice by virtue of a separation from any later period of service. [1961 c.454 §80; 2013 c.81 §5]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 398 - Military Justice › Section 398.010 - Territorial applicability of Oregon Code of Military Justice.

(1) The Oregon Code of Military Justice applies throughout this state and also applies to all persons otherwise subject to the code while they are serving outside the state, and while they are going to and returning from such service outside the state, in the same manner and to the same extent as if they were serving inside the state.
(2) Courts-martial and courts of inquiry may be convened and held in units of the organized militia while those units are serving outside the state with the same jurisdiction and powers as to persons subject to the Oregon Code of Military Justice as if the proceedings were held inside the state. Offenses committed outside the state may be tried and punished either inside or outside the state. [1961 c.454 §82; 2013 c.81 §6]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 398 - Military Justice › Section 398.014 - Presentment of Class A felony charges to civilian authority.

(1) A charge against a person subject to the Oregon Code of Military Justice for an offense that is classified as a Class A felony under the Oregon Criminal Code shall first be presented by the convening authority to a prosecuting civilian authority with jurisdiction over the offense for possible prosecution.
(2) If the prosecuting civilian authority declines to prosecute or fails to respond within 90 days from presentation of the charge, the charge may then be prosecuted as provided in this chapter or the Oregon Code of Military Justice. [2005 c.512 §33; 2013 c.81 §8]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 398 - Military Justice › Section 398.058 - Restraint of priority prisoners; notice of charges; speedy disposition; conditional release.

(1)(a) Except as provided in paragraph (b) of this subsection, any person subject to the Oregon Code of Military Justice charged with an offense under the code may be ordered, as a priority prisoner, into arrest or confinement, as circumstances may require.
(b) A person subject to the code charged only with a minor offense normally tried by a summary court-martial or subject to punishment under Article 15 of the code may not ordinarily be placed in confinement.
(2) When any person subject to the Oregon Code of Military Justice is placed in arrest or confinement prior to trial, immediate steps shall be taken to inform the person of the specific wrong of which the person is accused and to try the person or to dismiss the charges and release the person.
(3) When a person subject to the Oregon Code of Military Justice is placed in confinement prior to summary court-martial or disposition under Article 15 of the code, the person shall be conditionally released pending disposition of the charges.
(4) A person described in subsection (3) of this section may be reconfined if the person violates the conditional release. The person violates the conditional release if the person fails to attend drill periods, periods of active duty training, annual training, other periods determined by the confining authority or hearings related to the pending charges or other conditions imposed by the confining authority.
(5) As used in this section, "priority prisoner" means a person subject to the Oregon Code of Military Justice who:
(a) Has been ordered into confinement by a confining authority;
(b) Is received by a keeper, officer, warden or other person in charge of the county jail, penitentiary, prison or other facility in which the person has been ordered confined; and
(c) May be released only upon order of the confining authority. [1961 c.454 §87; 1975 c.719 §4; 2005 c.512 §8; 2013 c.81 §9]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 398 - Military Justice › Section 398.060 - Place of confinement.

(1) Confinement other than in an authorized military confinement facility, whether before, during or after trial by a military court, shall be executed in county jails, penitentiaries or prisons designated by the Governor or by such persons as the Governor may authorize to act.
(2) If no designation is made under subsection (1) of this section, the person shall be confined in a county jail.
(3) Confinement under this section shall be without requirement of payment of any fee or charge for confining the person. [1961 c.454 §88; 2005 c.512 §9]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 398 - Military Justice › Section 398.118 - Commutations and pardons granted by Governor; remittance of forfeitures and fines.

Upon the conditions and with the restrictions and limitations as the Governor thinks proper, the Governor may grant commutations and pardons for all punishments imposed under the Oregon Code of Military Justice by a general court-martial or a special court-martial and may remit all forfeitures and fines that were imposed under the code. [2005 c.512 §17; 2013 c.81 §10]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 398 - Military Justice › Section 398.120 - Application for commutation or pardon.

(1) When a person subject to the Oregon Code of Military Justice makes an application for commutation or pardon to the Governor, a copy of the application, signed by the applicant and stating fully the grounds of the application, shall be served by the applicant upon:
(a) The convening authority; and
(b) If the applicant is in confinement, the person in charge of the place of confinement.
(2) The applicant shall present to the Governor proof by affidavit of the service.
(3) Upon receiving a copy of the application for commutation or pardon, the convening authority shall provide to the Governor, as soon as practicable, the information and records relating to the case as the Governor may request and any other information and records relating to the case that the convening authority considers relevant to the issue of commutation or pardon.
(4) Following receipt by the Governor of an application for commutation or pardon, the Governor may not grant the application for at least 30 days. Upon the expiration of 180 days following receipt of an application, if the Governor has not granted the commutation or pardon applied for, the application shall lapse. Any further proceedings for commutation or pardon in the case shall be pursuant only to further application and service. [2005 c.512 §18; 2013 c.81 §11]