Section 399.075 - Ordering organized militia into active service of the state; Adjutant General; pay and allowances(1)(a) The Adjutant General, with the approval of the Governor, may order members of the organized militia into active service of the state.(b) Active service of the state may be for a purpose that includes, but is not limited to, carrying out state or federal drug interdiction and counter-drug law enforcement activities under a drug interdiction and counter-drug activities plan approved by the Governor. When participating in such activities, and to the extent authorized by 32 U.S.C. 112, applicable regulations of the National Guard Bureau and the drug interdiction and counter-drug activities plan approved by the Governor, the Oregon Military Department is designated as a law enforcement agency for the purpose of carrying out federal asset forfeiture laws only.(2) A member serving in active service of the state may not receive less than the pay and allowances of the member's corresponding grade 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 service of the state.(3) When federal funds are authorized to provide for pay and allowances under this section, state funds may not be used to provide for the pay and allowances.(4) Notwithstanding subsection (2) of this section:(a) A medical examiner may be paid for services and necessary disbursements in an amount approved by the Governor.(b) An appointed judge advocate may be paid for legal services and necessary disbursements in any suit, action or proceeding in an amount approved by the Governor.(c) A member may consent to perform active service of the state without pay and allowances, provided that the member may, within the discretion of the Adjutant General, be paid for necessary traveling expenses, subsistence and per diem allowances.(5) A member serving on a court-martial, court of inquiry, efficiency board, medical board or other special duty requiring the member's absence from the member's duty station or business may be reimbursed for actual and necessary travel or other expenses incurred within the limits established for state employees by the Oregon Department of Administrative Services under ORS 292.210 to 292.250.(6) All pay and allowances, except per diem, mileage and expenses while traveling under orders, shall be subject to be applied to the payment of:(a) Penalties and fines imposed by a military court.(b) 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 and where such responsibility has been fixed by competent authority.(7)(a) Except as provided in paragraph (b) of this subsection, a member of the organized militia who is ordered to state active duty shall be considered a temporary employee of the military department.(b) A member of the organized militia who is ordered to state active duty is not subject to ORS chapter 240 and ORS 243.650 to 243.809.(8) The limitations on employment imposed by ORS 238.082 (2) and (3) do not apply to a retired member of the Public Employees Retirement System who is ordered into active service of the state. Hours served by a person under this subsection shall not be counted for the purpose of the limitations on employment imposed by ORS 238.082 (2) and (3).Amended by 2023 Ch. 122,§ 3, eff. 1/1/2024.Amended by 2013 Ch. 81, § 26, eff. 5/9/2013.1961 c.454 §69; 1997 c.486 §1; 2003 c. 311, § 1; 2009 c. 390, §§ 2, 9