72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
HA to HB 3212
LC 1598/HB 3212-1
HOUSE AMENDMENTS TO
HOUSE BILL 3212
By COMMITTEE ON GENERAL GOVERNMENT
April 21
In line 2 of the printed bill, after 'duty' insert '; amending
ORS 399.075 and 399.230; and declaring an emergency'.
Delete lines 4 through 18 and insert:
' { + SECTION 1. + } ORS 399.075 is amended to read:
' 399.075. (1) The Adjutant General, with the approval of the
Governor, may order members of the organized militia to active
state duty. Members, while on { - such - } { + active
state + } duty, shall receive not less than the pay and
allowances of their corresponding grades in the Armed Forces of
the United States in accordance with a schedule approved by the
Adjutant General { + for the period of time in active state
duty + }. Active state duty under this subsection includes, but
is not limited to, support of federal, state and local drug
eradication, interdiction and other counterdrug operations under
a counterdrug support plan approved by the Governor { + , and
+ } { + reasons related to homeland security + }. When
participating in such support operations, and to the extent
authorized by 32 U.S.C. 112, applicable regulations of the
National Guard Bureau and the Oregon Counterdrug Support Plan,
the Oregon Military Department is designated as a law enforcement
agency for the purpose of carrying out federal asset forfeiture
laws only.
' (2) Members of the organized militia serving on
courts-martial, courts of inquiry, efficiency boards, medical
boards or other special duty requiring absence from their
stations or business under competent orders may be reimbursed for
necessary expenses incurred at the rate established for state
employees under appropriate travel regulations issued by the
Oregon Department of Administrative Services.
' (3) In lieu of other provisions of this chapter, a medical
examiner may be paid for services and necessary disbursements and
a properly appointed judge advocate may be paid for legal
services and necessary disbursements in any suit, action or
proceeding, such amounts as shall be approved by the Governor.
' (4) Members of the organized militia shall not receive from
the state the pay or the pay and allowances provided for by this
section when eligible for such pay and allowances from federal
funds.
' (5) Notwithstanding any of the provisions of this chapter,
members of the organized militia may with their consent perform
without pay or without pay and allowances any of the types of
military duty prescribed in this chapter and ORS chapters 396 and
398 pursuant to orders issued by competent military authority;
provided however, that necessary traveling expenses, subsistence
and per diem allowances may be furnished such members within the
discretion of the Adjutant General and within the amount
appropriated therefor.
' (6) All pay and allowances provided for by this chapter,
except per diem, mileage and expenses while traveling under
orders shall be subject to be applied to the payment of penalties
and fines imposed by military courts, and to the payment of any
shortage of or injury to state or United States property or funds
for which a member of the organized militia is responsible or
accountable where such responsibility has been fixed by competent
authority.
' { + (7)(a) Except as provided in paragraph (b) of this
subsection, members of the organized militia who are ordered to
active state duty shall be considered temporary employees of the
military department.
' (b) Members of the organized militia who are ordered to
active state duty are not subject to ORS chapter 240 and ORS
243.650 to 243.782.
' (8) The limitations on employment imposed by ORS 238.082 (2)
do not apply to a retired member of the Public Employees
Retirement System who has attained normal retirement age and is
on active state duty. + }
' { + SECTION 2. + } ORS 399.230 is amended to read:
' 399.230. (1) When an employee who is a member of the
organized militia of this state is called into active service of
the state { - by the Governor - } under ORS 399.065 (1) { +
or 399.075 + }, the employee shall be granted a leave of absence
by the employer of the employee until release from such active
service permits the employee to resume the duties of employment.
' (2) The regular employment position of an employee on leave
of absence for active service of the state under this section
shall be considered vacant only for the period of the leave of
absence. The employee shall not be subject to removal or
discharge from such position as a consequence of the leave of
absence.
' (3) Upon the termination of the leave of absence for active
service of the state, an employee shall { + :
' (a) Resume the duties of employment within seven calendar
days; and
' (b) + } Be restored to the employee's position or an
equivalent position by the employer without loss of seniority,
vacation credits, sick leave credits, service credits under a
pension plan or any other employee benefit or right which had
been earned at the time of the leave of absence.
' (4) An employer is not required to pay wages or other
monetary compensation to an employee during a leave of absence
required under subsection (1) of this section.
' (5) As used in this section:
' (a) 'Employee' means any individual, other than a copartner
of the employer or an independent contractor, who renders
personal services in this state to an employer who pays or agrees
to pay wages or other compensation to the individual for those
services.
' (b) 'Employer' means any person who employs one or more
employees in this state. The term includes the State of Oregon or
any county, city, district, authority, public corporation or
entity and any of their instrumentalities organized and existing
under law or charter, but does not include the federal
government.
' { + SECTION 3. + } { + This 2003 Act being necessary for
the immediate preservation of the public peace, health and
safety, an emergency is declared to exist, and this 2003 Act
takes effect on its passage. + } ' .
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