72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 1598
A-Engrossed
House Bill 3212
Ordered by the House April 21
Including House Amendments dated April 21
Sponsored by Representatives MABREY, WESTLUND; Representatives
KNOPP, NELSON (at the request of Merle Jackson)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
{ - Grants leave of absence for up to 90 days to public or
private employee who is member of Oregon National Guard on state
active duty status. - }
{ + Establishes certain rights and responsibilities of
persons called into active state duty.
Declares emergency, effective on passage. + }
A BILL FOR AN ACT
Relating to military leave of absence for state active duty;
amending ORS 399.075 and 399.230; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
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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