Senate committee amends bill to replace 'militia' with 'National Guard'; legal counsel says change does not conflict with federal law

The Senate Committee on Veterans, Emergency Management, Federal and World Affairs on March 25 adopted the -1 amendments to Senate Bill 947, which replace the word “militia” with “National Guard” throughout Oregon statute and remove references to the unorganized militia.

The change, carried in the bill’s -1 amendment, replaces references to an “organized militia” with “National Guard,” swaps “unorganized militia” language for “general public” where the draft pool is discussed, and removes misdemeanor penalties tied to failing to report for a draft or hindering National Guard duties. Committee staff said the -1 amendment has no fiscal or revenue impact.

The amendment drew questions from multiple senators about whether altering statutory language would create a conflict with federal law or change constitutional obligations. Christopher Allnat, deputy legislative counsel, told the committee: “I would say the answer is no. This does not conflict with specifically 10 U.S.C. §246.” He said Oregon’s Article X, Section 1, directs the Legislature to provide by law for a state militia and that ORS chapter 399 continues to provide for a defensive force even if the terminology is updated.

Committee members pressed whether removing the term “unorganized militia” and replacing it with “general public” weakens the legal basis for drafting non-Guard citizens. Allnat responded that, as amended, ORS language still allows the governor to “call for and accept from the general public as many volunteers as required” and to direct members of the public, and that the governor retains authority to recruit from the general public. He also confirmed that section 19 of the amendment removes a noncompliance penalty.

Chair Manning framed the change as a dignity and title update for people who serve: “They should be called or referred to at their proper title,” he said, adding the amendment “does not change anything on the constitution.” Several senators remained unconvinced. Senator Dodger said he had raised a number of concerns earlier and would not support the amendment; Senator Brock Smith and Vice Chair Hatcher recorded “no” votes during roll calls.

The committee approved two formal actions on SB 947 during the session. Members first adopted the -1 amendment by roll call, then voted to move the bill as amended to the Senate floor with a “do pass” recommendation. Roll-call statements in the transcript show Senator Meek voting aye and President Wagner and Chair Manning also voting aye; Senators Brock Smith and Senator Frazier (appearing in the roll calls) recorded no votes and Senator Woods was excused for the votes.

No change to constitutions was asserted by legislative counsel; he advised the panel on statutory interpretation and asserted that replacing statutory references to “militia” with “National Guard” updates nomenclature rather than constitutional structure. Committee members asked the Oregon Military Department and counsel about practical effects on emergency mobilization and drafting authority; witnesses and counsel said they saw no direct conflict with federal law but noted the removal of penalties and deletion of “unorganized militia” from statute.

The committee closed the SB 947 work session after voting to send the amended bill to the Senate floor.

Votes at a glance: the committee adopted the -1 amendments (roll call recorded: Meek — aye; Brock Smith — no; Vice Chair Hatcher — no; President Wagner — aye; Chair Manning — aye) and subsequently moved SB 947 as amended to the floor with a due-pass recommendation (roll call recorded: Meek — aye; Bob Smith — no; Frazier — no; President Wagner — aye; Chair Manning — aye).