Chapter 28 Oregon Laws 2003

AN ACT

HB 2175

Relating to military facilities; amending ORS 396.515, 396.520 and 396.540.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 396.515 is amended to read:

396.515. (1) Subject to the restriction contained in subsection (4) of this section, the Oregon Military Department [hereby is authorized to] may sell, exchange or lease any [state-owned armory which] military department real property that is found to have become unsuitable [for armory purposes or to exchange the same for other real property located so as to serve conveniently the unit or units of the organized militia which will or might use such armory] for military department purposes. The Adjutant General shall make a determination of the unsuitability of the property for [armory] military department purposes and the advisability or necessity of sale, [or] exchange or lease of [such] the property [shall be made by the Adjutant General].

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

(3) [Armory property] Military department real property owned jointly by the State of Oregon and the United States, or [state-owned armory property] 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 [such sale or other disposition of armory property as is herein authorized] 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 [or other disposition of armory] of military department real property, for approval.

SECTION 2. ORS 396.520 is amended to read:

396.520. The sale, [or other disposition] exchange or lease of Oregon Military Department real property, as authorized in ORS 396.515, [of armory property] 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.

SECTION 3. ORS 396.540 is amended to read:

396.540. (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.

Approved by the Governor March 27, 2003

Filed in the office of Secretary of State March 27, 2003

Effective date January 1, 2004

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