1. (1) If the Adjutant General receives notice that an Oregon National Guard unit will be called into active federal service outside this state under Title 10 of the United States Code, the Adjutant General may not place or retain a servicemember in the unit if the servicemember is the sibling of a person who was killed while serving under Title 10 of the United States Code with the Armed Forces of the United States, unless the Adjutant General has first provided notice to the Governor. The notice must include documentation of:

   1. (a) The determination by the chain of command that placement or retention of the servicemember in the unit is a military necessity to accomplish the unit’s mission; or
   2. (b) The servicemember’s request for active federal service with the unit, completed in a manner that complies with Oregon National Guard regulations.
2. (2) The Oregon Military Department shall adopt regulations as necessary to carry out the provisions of this section.
3. (3) This section does not require action by the Oregon National Guard that is contrary to federal law or regulations, or that degrades the readiness of the Oregon National Guard to perform federal or state missions.

Note: 396.117 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 396 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

[2011 c.395 §1]