75th OREGON LEGISLATIVE ASSEMBLY--2009 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 1122
 
                         House Bill 2556
 
Sponsored by Representative SHIELDS; Representatives BAILEY,
  DEMBROW, C EDWARDS, GREENLICK, KAHL, THOMPSON, TOMEI, Senators
  MONNES ANDERSON, MONROE, MORRISETTE, ROSENBAUM, WALKER
 
 
                             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 as
introduced.
 
  Limits service of Oregon National Guard to State of Oregon
under certain circumstances. Authorizes Attorney General to
appear on behalf of state if Governor declines to order organized
militia to federal active duty.
 
                        A BILL FOR AN ACT
Relating to Governor's authority over Oregon National Guard;
  creating new provisions; and amending ORS 396.135.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + (1) As used in sections 1 to 3 of this 2009
Act, ' organized militia' means the Oregon Army National Guard
and the Oregon Air National Guard.
  (2) The organized militia is limited to service on behalf of
the State of Oregon unless the organized militia is called to
federal active duty under a constitutionally authorized federal
order pursuant to a Congressional declaration of war or a valid
Congressional resolution. + }
  SECTION 2.  { + The Attorney General is authorized to appear in
any state or federal court with jurisdiction over the deployment
of the organized militia to defend a decision of the Governor of
the State of Oregon to decline to order the organized militia to
federal active duty as provided in section 1 of this 2009
Act. + }
  SECTION 3.  { + A member of the organized militia may not
refuse, while serving in the United States National Guard under a
call to federal active duty, to follow a military order unless
the order is in violation of the Geneva Conventions or other
international law. + }
  SECTION 4. ORS 396.135 is amended to read:
  396.135.  { + Except as provided in section 1 of this 2009
Act, + } when the militia of the state or any part thereof is
called forth under the Constitution and laws of the United
States, the Governor shall order out for service the organized
militia or such part thereof as may be necessary, and if the
number available is insufficient the Governor may call for and
accept from the unorganized militia as many volunteers as are
required for service in the organized militia or the Governor may
direct the members of the unorganized militia or such of them as
 
the Governor may deem necessary to be drafted into the organized
militia.
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