ORS 396.117
Prohibition on active federal service of sibling of person killed while in military

  • exceptions

(1)

If the Adjutant General receives notice that an Oregon National Guard unit will be called into active federal service outside this state under Title 10 of the United States Code, the Adjutant General may not place or retain a servicemember in the unit if the servicemember is the sibling of a person who was killed while serving under Title 10 of the United States Code with the Armed Forces of the United States, unless the Adjutant General has first provided notice to the Governor. The notice must include documentation of:

(a)

The determination by the chain of command that placement or retention of the servicemember in the unit is a military necessity to accomplish the unit’s mission; or

(b)

The servicemember’s request for active federal service with the unit, completed in a manner that complies with Oregon National Guard regulations.

(2)

The Oregon Military Department shall adopt regulations as necessary to carry out the provisions of this section.

(3)

This section does not require action by the Oregon National Guard that is contrary to federal law or regulations, or that degrades the readiness of the Oregon National Guard to perform federal or state missions. [2011 c.395 §1]
Note: 396.117 (Prohibition on active federal service of sibling of person killed while in military) 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.

Source: Section 396.117 — Prohibition on active federal service of sibling of person killed while in military; exceptions, https://www.­oregonlegislature.­gov/bills_laws/ors/ors396.­html.

396.015
Definitions 396.025
Purposes 396.035
Construction against implied repeal 396.045
Severability 396.105
Militia comprised of organized and unorganized militia 396.115
Persons exempt from militia service 396.117
Prohibition on active federal service of sibling of person killed while in military 396.120
Authority to administer oaths 396.125
Governor as Commander in Chief 396.128
Operation of regulations adopted by Adjutant General 396.130
Service of organized militia outside state 396.135
Militia call by United States 396.140
Registration of unorganized militia 396.145
Military staff of Governor 396.150
Adjutant General 396.155
Adjutant General 396.160
Adjutant General 396.165
Assistant Adjutants General 396.170
Acting Adjutant General 396.175
United States Property and Fiscal Officer 396.305
Oregon Military Department 396.310
Enumeration of duties not exclusive 396.315
Adjutant General as director of department 396.320
Organization of department 396.325
Army and air technicians as federal employees 396.330
Employees of military department 396.332
Authority of Oregon Military Department to require fingerprints for criminal records check 396.335
Drawing warrants 396.337
Cooperative agreements with federal National Guard Bureau 396.338
Accounts for cooperative agreements 396.340
Receipt and disposition of certain federal moneys 396.345
Disposition of receipts generally 396.355
Property loss incident to activities of organized militia 396.360
Department programs for at-risk youth 396.362
Oregon Military Emergency Financial Assistance Program 396.364
Oregon Military Emergency Financial Assistance Fund 396.375
Report to legislature on military cultural barriers 396.505
Definition of “armory” for ORS 396.505 to 396.545 396.510
Control of armories and camps 396.515
Sale, exchange or lease of military department property 396.520
Applicability of laws governing sale, exchange or lease of military department property generally 396.525
Military Department Construction Account 396.530
Location of new armories 396.535
Acquisition of property for military use 396.540
Use of armories 396.545
Leases and agreements for use of armories 396.555
Oregon Military Museum established at Camp Withycombe 396.560
Grants and donations for Oregon Military Museum 396.565
Disposal of property 396.595
Military Family Appreciation Day
Green check means up to date. Up to date

Current through early 2024

§ 396.117’s source at oregon​.gov