reglab/statecodes huggingface dataset:
2023 Oklahoma Statutes › Title 44. Militia › §44-24. Adjutant General - Eligibility - Appointment.

A. The Adjutant General shall be appointed by the Governor, by and with the advice and consent of the Senate, and shall serve at the pleasure of the Governor. B. To be eligible to hold the office of Adjutant General of this state, at the time of appointment the appointee:
1. Shall be a federally recognized officer of the Oklahoma National Guard and of the National Guard of the United States for no less than three (3) years;
2. Shall possess at least the rank of Colonel; and
3. If not already a general officer, shall be eligible for a Certificate of Eligibility pursuant to federal law and applicable regulations issued by the Chief of the National Guard Bureau.
C. If the Oklahoma National Guard is in active federal service and no persons having the qualifications required in subsection B of this section are available within the state, then the Governor may appoint, subject to the advice and consent of the Senate, any suitably qualified person who at any time in the preceding ten (10) years would have been qualified, as above, and who has served at least two (2) years in active federal service in the grade of Colonel or higher.
Added by Laws 1951, p. 115, art. 2, § 4, emerg. eff. May 16, 1951. Amended by Laws 1971, c. 290, § 1; Laws 2006, c. 254, § 1, eff. July 1, 2006; Laws 2021, c. 12, § 1, emerg. eff. April 13, 2021.
2023 Oklahoma Statutes › Title 44. Militia › §44-25. Rank of Adjutant General - Assistants.

A. The Adjutant General shall have the rank of Major General and devote full time to the duties of the office.
B. The Governor may appoint Assistant Adjutants General for Army and Assistant Adjutants General for Air to assist the Adjutant General in the discharge and performance of his or her duties. When appointing Assistant Adjutants General, the Governor shall take into consideration the number of such positions contemplated or recommended by the National Guard Bureau for manning the joint forces headquarters of a state. Such Assistant Adjutants General shall have the qualifications prescribed by law for the Adjutant General and shall have the rank of Brigadier General. The Assistant Adjutants General appointed by the Governor shall be considered staff officers and not commanders except that, in the discretion of the Adjutant General, specific command or supervisory authority may be delegated by the Adjutant General to an Assistant Adjutant General but such delegation shall be accomplished in writing and shall be considered a military publication, as defined in Section 801 of this title (Article 1).
C. Other general officers assigned to billets within the state military forces, including certain billets within the joint forces headquarters, shall be considered staff officers and not commanders except that, in the discretion of the Adjutant General, specific command or supervisory authority may be delegated by the Adjutant General to such general officers but such delegation shall be accomplished in writing and shall be considered a military publication, as defined in Section 801 of this title (Article 1).
D. The Adjutant General may employ a state employee in the position of Executive Assistant and Programs Manager for the Military Department of the state. Said position shall be unclassified and exempt from the Oklahoma Personnel Act and the Merit Rules for Employment, except leave regulations.
Added by Laws 1951, p. 115, art. 2, § 5, emerg. eff. May 16, 1951. Amended by Laws 1959, p. 195, § 2, emerg. eff. July 16, 1959; Laws 1990, c. 258, § 33, operative July 1, 1990; Laws 2012, c. 304, § 153; Laws 2021, c. 12, § 2, emerg. eff. April 13, 2021.
2023 Oklahoma Statutes › Title 44. Militia › §44-26. Duties of the Adjutant General.

A. The Adjutant General shall be in control of the Military Department of the State of Oklahoma, subordinate only to the Governor. Within the limitations and under the provisions of law, he or she shall supervise and direct the National Guard within the service of the state and when under state control in all of its organization, training and other activities; shall receive and give effect to the orders of the Governor; and shall perform such other military and defense duties, not otherwise assigned by law, as the Governor may prescribe.
B. The Adjutant General, when absent from the state, may temporarily delegate any authority vested under this title and any such duties as an agency appointing authority to an Assistant Adjutant General, other state officer or employee within the Military Department of the State of Oklahoma. Such temporary delegations of authority pursuant to this subsection shall be accomplished in writing. The Adjutant General may also promulgate regulations providing for the delegation of any such authority.
C. The Adjutant General shall develop, publish and maintain an organizational chart depicting the chain of command between the Adjutant General and the major commands of the Oklahoma National Guard. Besides the major commands defined in Section 801 of this title (Article 1), the Adjutant General, in his or her discretion, may designate other military units within the Oklahoma National Guard as major commands.
D. The organizational chart required in subsection C of this section shall be updated no less than annually and shall include all enlisted and officer billets assigned to joint forces headquarters and shall depict all existing command relationships established by the Adjutant General within joint forces headquarters. The organizational chart required herein shall not be considered a military publication within the meaning of Section 801 of this title (Article 1).
E. In accordance with all relevant requirements of the United States Army, the United States Air Force or the National Guard Bureau, the Adjutant General shall develop, publish and maintain an enlisted and officer rating scheme for all enlisted and officer billets assigned to joint forces headquarters. The rating scheme required herein shall not be considered a military publication within the meaning of Section 801 of this title (Article 1).
F. Pursuant to the rules established by the Adjutant General, the Military Department of the State of Oklahoma is authorized to expend appropriated and nonappropriated funds to enhance recruiting and retention efforts for the Oklahoma National Guard.
Added by Laws 1951, p. 115, art. 2, § 6, emerg. eff. May 16, 1951. Amended by Laws 1959, p. 195, § 3, emerg. eff. July 16, 1959; Laws 2011, c. 124, § 2, eff. Nov. 1, 2011; Laws 2016, c. 268, § 2, eff. Nov. 1, 2016; Laws 2020, c. 142, § 1, emerg. eff. May 21, 2020; Laws 2021, c. 12, § 3, emerg. eff. April 13, 2021.
NOTE: Laws 2016, c. 119, § 1 repealed by Laws 2017, c. 42, § 13.
2023 Oklahoma Statutes › Title 44. Militia › §44-26.1. Financial donations to the Adjutant General.

The Adjutant General may receive financial donations and expend such donated funds or utilize state appropriated funds for mementos, presentations or participation in events designed to promote the interests and relationships of the Military Department or Oklahoma National Guard, specifically, but not limited to, the State Partnership Program. A full and complete record of such donated funds received and disbursed by the Military Department shall be kept and shall be subject to audit, and reports submitted to the Adjutant General upon request. Such expenditures shall be limited to Three Hundred Dollars ($300.00) per occasion and shall not exceed Two Thousand Five Hundred Dollars ($2,500.00) per year.
Added by Laws 2010, c. 212, § 1, emerg. eff. May 6, 2010.
2023 Oklahoma Statutes › Title 44. Militia › §44-26.2. Requests from Adjutant General for confidential criminal justice information in administrative or court-martial actions.

The Adjutant General or the Adjutant General's designee may request from a district attorney or law enforcement agency confidential criminal justice information relating to the member of the National Guard for use in an administrative or court-martial action. Unless the district attorney or law enforcement agency determines that dissemination of the requested confidential criminal justice information would jeopardize a pending investigation or other pending criminal proceeding, the district attorney or the investigating law enforcement agency shall disseminate the requested information to the Adjutant General or the Adjutant General's designee.
Added by Laws 2019, c. 408, § 1, eff. Oct. 1, 2019.
2023 Oklahoma Statutes › Title 44. Militia › §44-27. Compensation of personnel.

The Adjutant General and Assistant Adjutants General shall be paid a sum equivalent to the pay of his/her federally recognized rank, exclusive of allowances. Other officers and enlisted men and employees of the Department shall be paid in amounts fixed by the Adjutant General and within amounts appropriated for that purpose.
Laws 1951, p. 115, art. 2, § 7, eff. May 16, 1951; Laws 1990, c. 258, § 34, operative July 1, 1990.
2023 Oklahoma Statutes › Title 44. Militia › §44-28. Petty cash fund.

There is hereby created a petty cash fund for programs of the Oklahoma Military Department, including but not limited to billeting funds, youth programs and military awards and decoration programs, the sum of which shall be determined as agreeable to the Oklahoma Military Department and the Director of the Office of Management and Enterprise Services. The Director shall establish procedures for the administration of this petty cash fund.
Added by Laws 2017, c.101, § 1, eff. Nov. 1, 2017.
2023 Oklahoma Statutes › Title 44. Militia › §44-41. Composition of Militia - Classes.

The Militia of the State of Oklahoma shall consist of all able-bodied citizens of the United States and all other able-bodied persons who shall be or shall have declared their intentions to become citizens of the United States, who shall be more than seventeen (17) years of age and not more than seventy (70) years of age, and said militia shall be divided into three (3) classes: The National Guard, the Oklahoma State Guard, and the Unorganized Militia.
Laws 1951, p. 115, art. 3, § 1, eff. May 16, 1951; Laws 1957, p. 422, § 1, eff. May 24, 1957; Laws 1968, c. 299, § 1, emerg. eff. May 3, 1968; Laws 1981, c. 136, § 1; Laws 1985, c. 96, § 1, eff. Nov. 1, 1985.
2023 Oklahoma Statutes › Title 44. Militia › §44-43. Eligibility as commissioned officers - Qualifications.

No person shall be commissioned as an officer of the National Guard who is under the age of eighteen (18) years and is not temperate and of good morals, and unless he or she shall have successfully passed such tests as to his or her physical, mental, and professional fitness as may be prescribed by the laws and regulations applicable to the federally recognized National Guard.
Added by Laws 1951, p. 115, art. 3, § 3, emerg. eff. May 16, 1951. Amended by Laws 1963, c. 35, § 1, emerg. eff. April 4, 1963; Laws 2011, c. 124, § 3, eff. Nov. 1, 2011.
2023 Oklahoma Statutes › Title 44. Militia › §44-45. Oath of commissioned officers.

Oath for National Guard Officers. Each commissioned officer, before entering upon the duties of his office, shall take and subscribe to the following oath, or such other oath as may be required by National Guard Regulations:
"I .........., do solemnly swear that I will support and defend the Constitution of the United States and the Constitution of the State of Oklahoma against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I will obey the orders of the President of the United States and the Governor of the State of Oklahoma; that I make this obligation freely, without any mental reservation or purpose of evasion, and that I will well and faithfully discharge the duties of the office of ......., in the National Guard of the United States and the State of Oklahoma upon which I am about to enter, so help me God."
Laws 1951, p. 116, art. 3, § 5, eff. May 16, 1951.
2023 Oklahoma Statutes › Title 44. Militia › §44-48. Discharge of enlisted men.

Enlisted men discharged from service in the National Guard of this state shall receive a discharge in writing in such form and with such classification as is or shall be prescribed by National Guard regulations, and in time of peace discharges may be given prior to the expiration of terms of enlistment in the following cases:
By sentence of a general court-martial; by direction of the Governor on account of disability; on account of sentence of imprisonment by a civil court whether suspended or not; on account of a bona fide permanent change of residence to another state; and for the purpose of enlisting in regular Army, Air Force, Navy, or Marine Corps, and for such other causes as may be prescribed by National Guard regulations or the Commander in Chief; provided, that an enlisted man who has not returned or accounted for all of the public property for which he is responsible, shall under no circumstances receive an honorable discharge.
Laws 1951, p. 116, art. 3, § 8, eff. May 16, 1951.
2023 Oklahoma Statutes › Title 44. Militia › §44-49. Application of Army customs - Regulations and usage.

All matters relating to organization, commissioning and discharging of officers, enlisting and discharge of enlisted men, discipline, and government of the National Guard, not otherwise provided in this code, shall be decided by the customs, regulations, and usage of the United States Army or the United States Air Force or National Guard regulations.
Laws 1951, p. 117, art. 3, § 9, eff. May 16, 1951.
2023 Oklahoma Statutes › Title 44. Militia › §44-71. Duty to attend assembly - Refusal of employer to permit attendance - Drills, exercises, etc.

It shall be the duty of each commissioned officer and enlisted person of the Oklahoma National Guard to be present and perform all the duties required of him or her at each assembly for drill and instruction, encampment, maneuvers or other exercises, unless regularly excused by competent authority. Any employer who refuses to permit an employee who may be a member of the National Guard of this state to attend any drill, ceremony, exercise, or any duty which he or she may be legally called upon to perform shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than Fifty Dollars ($50.00) nor more than Two Hundred Dollars ($200.00), or by imprisonment for not less than ten (10) days, nor more than sixty (60) days in the county jail, or by both such fine and imprisonment.
Added by Laws 1951, p. 117, art. 4, § 1, emerg. eff. May 16, 1951. Amended by Laws 2010, c. 212, § 3, emerg. eff. May 6, 2010.
2023 Oklahoma Statutes › Title 44. Militia › §44-72. Ordering into active service.

It shall be the duty of the Governor, and he or she is authorized and required, in case of war, invasion, insurrection, or breach of the peace or imminent danger thereof or any forcible obstructing of the execution of the laws or reasonable apprehension thereof, or an imminent or existing epidemic or pandemic, and at all other times he or she may deem necessary, to order on state active duty the National Guard or any part thereof. No member thereof who shall be ordered out for such state active duty shall be liable for civil prosecution for any act done by him or her in the discharge of his or her military duty on such occasions.
Laws 1951, p. 117, art. 4, § 2, eff. May 16, 1951. Amended by Laws 2021, c. 12, § 4, emerg. eff. April 13, 2021.
2023 Oklahoma Statutes › Title 44. Militia › §44-73. Local commanding officer - Order into service in emergency.

In the event of insurrection, rebellion, invasion, tumult, riot, resistance to law or process or breach of the peace, occurring in the vicinity of the station of any organization or organizations of the National Guard of Oklahoma whenever the exigencies of the situation are such as to render it impossible first to communicate with the Governor or the Adjutant General, the senior commanding officer of that station, upon request in writing signed by the sheriff of the county involved or officer acting in his stead, stating the facts and the nature of the service desired, may order out the organization or organizations at that station, or such portion thereof as he shall deem necessary, and cause them to perform such duty as the circumstances shall require, and such commanding officers shall immediately report what he has done and all of the circumstances of the case to the Governor, and it shall be deemed that the action was taken by order of the Governor.
Laws 1951, p. 117, art. 4, § 3, eff. May 16, 1951.
2023 Oklahoma Statutes › Title 44. Militia › §44-74. Compensation and benefits.

The Adjutant General is authorized to make and publish policy to determine the amount of compensation and benefits for members of the Oklahoma National Guard serving in active service of the state and prescribe the applicable rules and procedures.
Added by Laws 1951, p. 118, art. 4, § 4, emerg. eff. May 16, 1951. Amended by Laws 1999, c. 49, § 1, eff. July 1, 1999; Laws 2010, c. 212, § 4, emerg. eff. May 6, 2010.
2023 Oklahoma Statutes › Title 44. Militia › §44-75. Hospital and medical treatment.

Officers and/or enlisted men who suffer injuries or contract disease, in line of duty, while on duty or in active service, shall receive hospitalization and medical treatment, and the pay and allowances of their grade during the period that they are unable to resume their civilian occupation; but no commissioned officer shall be paid after the termination of said service or duty more than the pay and allowances of a Second Lieutenant.
All payments herein provided for shall be paid on the approval of the Adjutant General by warrant drawn against the funds appropriated for that purpose in the Military Department or other funds made available.
In the event of compensation for said service, death or injuries, being paid in part by the federal government, the state shall pay only the balance necessary to make the above designated amounts.
Laws 1951, p. 118, art. 4, § 5, eff. May 16, 1951.
2023 Oklahoma Statutes › Title 44. Militia › §44-77. State funding for insurance premiums.

The Adjutant General is hereby authorized to administer, determine eligibility and expend state funds appropriated by the Legislature for payment/reimbursement of insurance premiums to provide coverage up to the amount of Two Hundred Fifty Thousand Dollars ($250,000.00) under Serviceman’s Group Life Insurance (SGLI) or State Sponsored Life Insurance (SSLI) for the military members of the Oklahoma Army and Air National Guard.
Added by Laws 2005, c. 240, § 1, emerg. eff. June 2, 2005. Amended by Laws 2010, c. 212, § 5, emerg. eff. May 6, 2010.
2023 Oklahoma Statutes › Title 44. Militia › §44-112. Suits for recovery of property.

Suits for the recovery of any property mentioned in this code or for the value thereof of damages thereto, may be brought in any court of competent jurisdiction in this state in the name of the State of Oklahoma, and the Attorney General of the state is directed to file such suits, upon the request of the Adjutant General, for the recovery of such property as he (the Attorney General) may deem advisable.
Laws 1951, p. 122, art. 6, § 2, eff. May 16, 1951.
2023 Oklahoma Statutes › Title 44. Militia › §44-113. Seizure and report of property illegally possessed, etc.

Officers must report illegal disposition of property. All civil peace officers, all commissioned and noncommissioned officers of the National Guard are enjoined to seize immediately all military property found in the possession of any person who is not the legal custodian or owner of said property, or from any person who shall secrete, sell, dispose of, offer for sale, purchase, or retain said military property after demand has been made upon said person or persons for the return of said military property, and said civil peace officers, commissioned and noncommissioned officers of the National Guard shall make due report of his action to the Adjutant General of the state.
Laws 1951, p. 122, art. 6, § 3, eff. May 16, 1951.
2023 Oklahoma Statutes › Title 44. Militia › §44-114. Accounts - Settlement.

Settlement of Accounts. No bills or accounts shall be made by any officer or enlisted man with a view of their being paid by the State of Oklahoma unless such expenditure is expressly authorized by the laws of this state or is authorized by the Adjutant General. No accounts will be paid unless they are accompanied by vouchers or receipts showing by whomever paid, or are to be paid, to whom paid, date of service, authority for, and amount of such expenditure, and for what purpose the expenditure was made.
Laws 1951, p. 122, art. 6, § 4, eff. May 16, 1951.
2023 Oklahoma Statutes › Title 44. Militia › §44-115. Bond of officers accountable for or receiving military property.

Each officer to whom there shall be issued, or who shall be accountable for arms, equipment, uniform, and any other state or United States property for military uses, or who shall have the control, custody, or disbursement of funds as provided for in this code shall, before the delivery to him of such arms, equipment, uniform, and other state or United States property, and the receipt of such funds, execute and deliver to the Adjutant General a surety bond therefor, with sureties to be approved by the Governor, and payable to the state, in such amount as may be fixed by the Governor, conditioned for the proper care, use and return in good order, wear, use and unavoidable loss and damage excepted, of all such state and United States property, and the proper care and faithful disbursement and accounting of all funds coming into the hands of such officer. Upon the violation of any of the conditions of such bond, action thereon shall be brought by the Attorney General on behalf of the state, and any recovery thereon shall be credited to the Guard Funds of the state. It shall be the duty of the Attorney General of the state to prosecute all actions upon such bonds.
Laws 1951, p. 122, art. 6, § 5, eff. May 16, 1951.
2023 Oklahoma Statutes › Title 44. Militia › §44-116. Accounting by officer before receiving payments.

No further payment shall be made under any provision of this code to the accountable officer of any organization or unit who does not fully and satisfactorily account to the Adjutant General for all monies, theretofore paid, or property issued, to him under any provision of this code.
Laws 1951, p. 123, art. 6, § 6, eff. May 16, 1951.
2023 Oklahoma Statutes › Title 44. Militia › §44-117. Issue and use of property.

Federal property loaned to the state for use of the National Guard or other purposes will be issued and accounted for in the manner prescribed by National Guard regulations or other pertinent federal directives. State property will be issued and accounted for in the manner prescribed by the Governor and/or state laws. All public property shall be used in the manner and for the purposes intended in the public service and shall not be used by any individual for his personal benefit, pleasure, or gain.
Laws 1951, p. 123, art. 6, § 7, eff. May 16, 1951.
2023 Oklahoma Statutes › Title 44. Militia › §44-192. Rules and procedures for establishing and awarding medals, ribbons, and certificates.

The Adjutant General is authorized to establish, design and award, without regard to military status, state military medals, ribbons, certificates, or any other awards or decorations and prescribe by policy the applicable rules and procedures.
Added by Laws 1933, c. 194, p. 426, § 2, emerg. eff. July 21, 1933. Amended by Laws 2010, c. 212, § 6, emerg. eff. May 6, 2010.
2023 Oklahoma Statutes › Title 44. Militia › §44-208. Discrimination against officers or enlisted members - Places of entertainment or amusement - Discharge or hindrance of duties by employers.

No person shall discriminate against any officer or enlisted member of the National Guard or Civil Air Patrol or a judge carrying out his or her duties as a member of the Military Court of Appeals because of his or her membership therein. No person shall prohibit or refuse entrance to any officer or enlisted member of the Uniformed Services of the United States, or of the state military forces, into any public entertainment or place of amusement because such officer or enlisted member is wearing a uniform of the organization to which he or she belongs. No employer, officer or agent of any corporation, company, firm or other person, shall discharge any person from employment because of being an officer, warrant officer or enlisted member of the military forces of the state, or hinder or prevent him or her from performing any military service he or she may be called upon to perform by proper authority, in respect to his or her employment, trade or business. Any person violating any of the provisions of this section shall be punished by a fine of not to exceed One Hundred Dollars ($100.00), or by imprisonment in the county jail for a period of not to exceed thirty (30) days, or by both such fine and imprisonment.
Added by Laws 1935, p. 91, § 4, emerg. eff. April 19, 1935. Amended by Laws 2011, c. 124, § 4, eff. Nov. 1, 2011; Laws 2019, c. 408, § 204, eff. Oct. 1, 2019; Laws 2021, c. 122, § 1, emerg. eff. April 21, 2021.
2023 Oklahoma Statutes › Title 44. Militia › §44-208.1. Civil law protections - Servicemembers Civil Relief Act.

Except where state law may provide additional or superior protections, the civil law protections established in the federal Servicemembers Civil Relief Act, 50 U.S.C., Section 3901 et seq., shall be adopted as state law and applied to members of the state military forces when such members are ordered to state active duty or Title 32 active duty pursuant to Sections 501 through 507 of Title 32 of the United States Code.
Added by Laws 1997, c. 27, § 1, emerg. eff. April 2, 1997. Amended by Laws 2000, c. 240, § 1, eff. Nov. 1, 2000; Laws 2005, c. 130, § 1, eff. Nov. 1, 2005; Laws 2017, c. 70, § 1, emerg. eff. April 24, 2017; Laws 2021, c. 12, § 5, emerg. eff. April 13, 2021.
2023 Oklahoma Statutes › Title 44. Militia › §44-209. Leave of absence to public officers and employees.

All officers and employees of the state or a political subdivision thereof who are not members of the state military forces shall be entitled to a leave of absence from their regular employment with the State of Oklahoma or a political subdivision thereof, without loss of status or efficiency rating, when detailed as a military trial judge pursuant to Section 826 of this title (Article 26) or when serving as an appellate military judge pursuant to Section 866 of this title (Article 66) when the Military Court of Appeals is convened. The rules of procedure prescribed by the State Judge Advocate pursuant to subsection L of Section 866 of this title (Article 66, subsection L) shall define what constitutes the Military Court of Appeals being "convened" for purposes of this section. During the first thirty (30) regularly scheduled work days, not to exceed two hundred forty (240) hours, of the leave of absence in any federal fiscal year, officers and employees of the State of Oklahoma or a political subdivision thereof detailed or serving as military trial judges or military appellate judges shall receive their full regular pay from the employing state agency or political subdivision. During the remainder of the leave of absence in any federal fiscal year, the employing state agency or political subdivision shall pay such officers and employees an amount equal to the difference between the full regular pay of the officers or employees from the employing state agency or political subdivision and the amount of compensation established for military trial judges in subsection H of Section 826 of this title (Article 26, subsection H) in the case of a military trial judge or the amount of compensation established for appellate military judges in subsection E of Section 866 of this title (Article 66, subsection E) in the case of a military appellate judge. Leave taken pursuant to this section shall be characterized as military judicial leave. The Office of Management and Enterprise Services shall promulgate rules as necessary to implement the provisions of this section that relate to state employees.
Added by Laws 1935, p. 92, § 5, emerg. eff. April 19, 1935. Amended by Laws 1973, c. 275, § 1, emerg. eff. May 30, 1973; Laws 1988, c. 31, § 1, eff. Oct. 1, 1988; Laws 1991, c. 232, § 3, emerg. eff. May 24, 1991; Laws 1994, c. 94, § 2, eff. July 1, 1994; Laws 2000, c. 240, § 3, eff. Nov. 1, 2000; Laws 2002, c. 396, § 1, emerg. eff. June 5, 2002; Laws 2003, c. 212, § 1, eff. July 1, 2003; Laws 2005, c. 437, § 2, eff. July 1, 2005; Laws 2006, c. 156, § 1, eff. Oct. 1, 2006; Laws 2012, c. 304, § 154; Laws 2017, c. 80, § 1, eff. Nov. 1, 2017; Laws 2021, c. 12, § 6, emerg. eff. April 13, 2021.
2023 Oklahoma Statutes › Title 44. Militia › §44-210. Assault on member or body of National Guard or person assisting them.

Whenever the National Guard is called into service under proclamation of the Governor for the performance of any duties contemplated in this act, any person who willfully assaults, or fires at, or throws any dangerous missile at, against, or upon any member or body of the National Guard so engaged, or civil officer or other persons lawfully aiding or assisting them in the discharge of their duties, shall be deemed guilty of a felony and upon conviction shall be imprisoned in the State Penitentiary not more than two (2) years.
Added by Laws 1935, p. 92, § 6, eff. April 19, 1935. Amended by Laws 1997, c. 133, § 465, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, § 337, eff. July 1, 1999.
NOTE: Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective date of Laws 1997, c. 133, § 465 from July 1, 1998, to July 1, 1999.
2023 Oklahoma Statutes › Title 44. Militia › §44-212. Deadly force – Immunity from personal liability.

Any officer or enlisted person of the state military forces acting in the line of duty shall be immune from personal liability for any acts that include the use of deadly force in self-defense or in defense of another person from what the member reasonably believes is the imminent use of unlawful deadly force.
Added by Laws 1935, p. 92, § 8, emerg. eff. April 19, 1935. Amended by Laws 1985, c. 96, § 2, eff. Nov. 1, 1985; Laws 2019, c. 408, § 3, eff. Oct. 1, 2019; Laws 2021, c. 12, § 7, emerg. eff. April 13, 2021.
2023 Oklahoma Statutes › Title 44. Militia › §44-213. Exemption from taxation of military property - Free use of municipally owned public utilities.

All personal and real property held and used for armory or military purposes shall be exempt from taxation; and it shall be lawful for any county or city or town which owns public utilities to grant to any organization or unit of the National Guard, which is stationed in such place, the free use of such public utilities.
Laws 1935, p. 92, § 9, eff. April 19, 1935.
2023 Oklahoma Statutes › Title 44. Militia › §44-218. Acceptance or purchase of title to real estate.

The Adjutant General, with the approval of the Governor, is authorized to accept or purchase, for and in the name of the State of Oklahoma, acting as trustee for the Oklahoma National Guard, title to parcels of real estate.
Added by Laws 1931, p. 77, § 1, eff. April 24, 1931. Amended by Laws 2007, c. 86, § 160, emerg. eff. May 1, 2007; Laws 2008, c. 172, § 2, eff. Nov. 1, 2008.
2023 Oklahoma Statutes › Title 44. Militia › §44-220. Building and loan association loans authorized.

Building and loan associations doing business in the State of Oklahoma may negotiate loans on such real estate, secured by mortgages thereon, under the same conditions and terms and with the same right and power of foreclosure as upon other real estate, but no judgment therein shall run against the State of Oklahoma.
Laws 1931, p. 77, § 3, eff. April 24, 1931.
2023 Oklahoma Statutes › Title 44. Militia › §44-223. Privilege from arrest.

Active members of the National Guard shall be privileged from arrest during their attendance at drills, parades, inspections, encampments, and while on active duty, and in going to and returning from the same, except in cases of treason, felony and breaches of the peace.
R.L. 1910, § 3926.
2023 Oklahoma Statutes › Title 44. Militia › §44-224. Misdemeanor to interfere with Militia.

Any person who shall willfully and unnecessarily interfere with the Militia or any part thereof while on drill, parade, or in the performance of any military duty, shall be guilty of a misdemeanor: Provided, the funeral processions, carriage of the United States mail, legitimate functions of the police, progress and operation of the hospital ambulances, fire engines, fire departments, and apparatus of the insurance patrol shall not be interfered with thereby.
R.L. 1910, § 3930.
2023 Oklahoma Statutes › Title 44. Militia › §44-227. Architect - Selection - Contract by Adjutant General.

The architect for the construction of the facilities of the National Guard of the State of Oklahoma shall be selected by a board appointed by the Adjutant General of the State of Oklahoma to be named the Architect Selection Board. The Architect Selection Board shall be comprised of three (3) members from the Oklahoma National Guard Directorate of Engineering Office. The Adjutant General shall enter into contracts in the name of the State of Oklahoma for the construction of such buildings. The Oklahoma Military Department may use federal contracting procedures for construction of such facilities.
Added by Laws 1936, Ex.Sess., p. 24, § 10, eff. Jan. 6, 1937. Amended by Laws 1983, c. 304, § 17, eff. July 1, 1983; Laws 1999, c. 406, § 2, eff. July 1, 1999; Laws 2011, c. 124, § 5, eff. Nov. 1, 2011.
2023 Oklahoma Statutes › Title 44. Militia › §44-228. Deed or lease by county commissioners to Adjutant General.

The board of county commissioners of any county in the state is hereby authorized to convey title by deed, or lease for a term of years, any lands and buildings belonging to or under the control of the county which are not needed for county purposes, to the Adjutant General acting as trustee for the Oklahoma National Guard. The Adjutant General shall not accept any such deed or lease unless the approval of the Governor of the acceptance be endorsed thereon attested by the Secretary of State. It shall not be necessary that the Adjutant General pay any consideration for such deed of conveyance or lease. After such deed or lease has been delivered and accepted the Adjutant General shall be authorized to expend funds appropriated to the Military Department of the state for the maintenance, repair, and improvement of the lands and buildings, conveyed or leased. Every such deed or lease shall contain a reversionary clause to the effect that if the State of Oklahoma or the Military Department thereof abandons such lands or buildings they shall revert to the county. All such lands so conveyed or leased to the Adjutant General shall be under his supervision as to control and management. Provided, however, that the provisions of this act shall not in any wise apply to any real estate or property acquired by the county commissioners at resale.
Laws 1945, p. 139, § 1, eff. April 25, 1945.
2023 Oklahoma Statutes › Title 44. Militia › §44-229. Authorizing to order National Guard beyond borders of state - Law governing - Jurisdiction.

The Governor is authorized to order the National Guard, or any part thereof, beyond the borders of the state, for the purpose of participating in any encampment, maneuvers or field instruction and for such other training or service as may be required or authorized under state or federal law. Whenever the National Guard, or any part thereof, is so ordered beyond the borders of the state, the members thereof shall remain subject to the military laws and regulations of the state, and the military courts of this state shall have jurisdiction over any offense which is committed against the military laws or regulations of the state by any member of the National Guard while in service beyond the borders of the state, and the military courts of the state are authorized to function beyond the borders of this state, whenever the National Guard is ordered beyond the borders of the state. Provided, that any imprisonment imposed while a unit is out of the State of Oklahoma shall be served under the supervision of said unit. And, provided further, that if said period of imprisonment extends beyond the date of the return of said unit to the State of Oklahoma that the balance of such imprisonment shall be served in accordance with Section 858 of this title (Article 58).
Added by Laws 1961, p. 289, § 1, eff. May 24, 1961. Amended by Laws 2021, c. 12, § 8, emerg. eff. April 13, 2021.
2023 Oklahoma Statutes › Title 44. Militia › §44-230. Police officers (OMD) - Powers and duties.

A. The Adjutant General of the State of Oklahoma is hereby authorized to appoint such officers as are necessary to be designated as police officers (OMD), for the purpose of protecting all properties of, owned by or under the control of the Oklahoma National Guard wherever located in the State of Oklahoma. The Adjutant General shall promulgate rules which prescribe the duties for the officers thus appointed, designate their uniforms, fix their compensation upon appointment and provide for removal from their appointment. Each such police officer (OMD) shall be given a written commission evidencing his or her appointment and authority, together with a detailed description of his or her person in order to properly identify his or her official capacity; the form of such commission shall be prescribed by the Adjutant General.
B. Any police officer (OMD) appointed pursuant to the provisions of this section shall have, with the sole exception of the serving or execution of civil process, all the powers vested by law in peace officers in the protection and guarding of the grounds, buildings and equipment of, owned by or under the control of the Oklahoma National Guard. The police officer (OMD) shall:
1. Direct his or her attention to the prevention of improper conduct, interference with, or trespassing upon the property of, owned by or under the control of the Oklahoma National Guard; and
2. If required, make arrests and take into custody persons guilty of improper conduct or trespassing.
C. It shall be the duty of the district attorney of the district wherein the improper conduct, interference or trespassing is alleged to have taken place to prosecute such offense upon a complaint filed by such police officer (OMD).
Added by Laws 1971, c. 135, § 1. Amended by Laws 1996, c. 14, § 1, eff. Nov. 1, 1996; Laws 1999, c. 406, § 3, eff. July 1, 1999.
2023 Oklahoma Statutes › Title 44. Militia › §44-231. Assisting in drug interdicton and counter drug activities - National Guard volunteers to be requested by Governor.

A. The Governor may request volunteers of the National Guard to provide assistance to federal, state and local law enforcement officers, within or outside the boundaries of this state, in drug interdiction and counter drug activities pursuant to 32 U.S.C., Section 112. These activities may include, but not be limited to, the operation and maintenance of equipment and facilities. The Governor may order, with their consent, any National Guard members, who volunteer pursuant to this section, to duty in federally funded status. The Governor may delegate the Governor's authority under this section to the Adjutant General. The Adjutant General shall follow all laws and regulations of the United States Department of Defense when ordering National Guard members to perform drug interdiction and counter drug activities pursuant to this section.
B. The Adjutant General, with the consent of the Governor, may enter into mutual assistance and support agreements with one or more other states, whether those activities are within or outside this state, in order to facilitate and coordinate efficient and cooperative enforcement efforts directed toward drug interdiction, counter drug activities, and demand reduction.
C. A National Guard member assisting in drug interdiction and counter drug activities pursuant to this section shall obey and execute the instruction of the law enforcement officer in charge of these activities given to the National Guard member through the military chain of command.
Added by Laws 1998, c. 88, § 1, eff. July 1, 1998. Amended by Laws 2003, c. 212, § 2, eff. July 1, 2003.
2023 Oklahoma Statutes › Title 44. Militia › §44-231a. Fire protection agreements.

A. The Adjutant General, pursuant to authority granted under 42 U.S.C. Section 1856a and applicable Army, Air Force or National Guard regulations, may enter into a reciprocal agreement with any city, county, town or municipal corporation or agency of the State of Oklahoma maintaining fire protection facilities in the vicinity of such property, for mutual aid in furnishing fire protection for such property and for other property for which such entity normally provides fire protection.
B. Fire protection units will continue under the command and control of their regular chain of command, but the organizational unit will come under operational control of the fire protection service authorities of the jurisdiction receiving assistance.
C. Each agreement shall include a waiver by each party of all claims against the other party for compensation for any loss, damage, personal injury or death occurring in consequence of the performance of such agreement. Any such agreement may provide for the reimbursement of any party for all or any part of the cost incurred by such party in furnishing fire protection for or on behalf of any other party.
D. The Adjutant General shall promulgate rules to implement the provisions of this section.
Added by Laws 2017, c. 72, § 1, emerg. eff. April 24, 2017.
2023 Oklahoma Statutes › Title 44. Militia › §44-231b. Protection of assets vital to national security.

A. Subject to the conditions and limitations established in regulations promulgated by the Governor, the state military forces may use all appropriate means necessary to protect assets vital to national security classified as such pursuant to the rules, regulations or instructions promulgated by the United States Department of Defense or the military departments of the United States Department of Defense or as otherwise ordered by the Governor.
B. Any regulations promulgated by the Governor pursuant to this section shall be considered a military publication as defined in Section 801 of this title and shall be published and archived by the Secretary of State.
Added by Laws 2019, c. 408, § 205, eff. Oct. 1, 2019.
2023 Oklahoma Statutes › Title 44. Militia › §44-232. Youth programs.

A. Pursuant to rules promulgated by the Adjutant General of the State of Oklahoma, the Oklahoma Military Department is authorized to establish and operate youth programs utilizing National Guard or state-owned facilities, state-owned vehicles and civilian or National Guard personnel to provide military-styled training and other benefits to civilian youth pursuant to agreement with federal, state and local governmental agencies.
B. The Adjutant General is authorized further to enter into agreements and to do all things deemed necessary or incidental to the performance of any duty authorized by subsection A of this section, including, but not limited to:
1. The execution of memoranda of agreement for assistance to federal, state and local governmental agencies;
2. The execution of grant agreements;
3. The execution of grant agreements with the federal government;
4. The execution of agreements with the federal government for reimbursement to the Oklahoma Military Department for the use and operation of Oklahoma Military Department state-owned vehicles and equipment in support of youth programs;
5. The execution of other contracts and agreements; and
6. The expenditure of Oklahoma Military Department funds for the purpose of advertising.
C. The Adjutant General is hereby authorized to accept gifts or donations for and on behalf of the state to be used for the use and benefit of the youth programs authorized by this section and their participants. The Oklahoma Military Department is directed to maintain and preserve appropriate records for all gifts made to the state pursuant to this section.
Added by Laws 2003, c. 212, § 3, eff. July 1, 2003. Amended by Laws 2008, c. 172, § 3, eff. Nov. 1, 2008; Laws 2016, c. 212, § 1, eff. July 1, 2016 and Laws 2016, c. 268, § 3, eff. Nov. 1, 2016.
NOTE: Laws 2016, c. 212, § 1 and Laws 2016, c. 268, § 3 made identical changes to this section of statute.
2023 Oklahoma Statutes › Title 44. Militia › §44-232.1. Contracts to lease or rent facilities.

A. The Adjutant General is authorized to enter into contracts to lease or rent facilities. The Adjutant General is authorized to waive all charges or fees, or any portion thereof, for use of facilities by a charitable organization when such use is in support of civil authorities for joint training, natural disasters or other declared emergencies in accordance with rules promulgated by the Adjutant General. The Adjutant General is further authorized to waive charges or fees for use of facilities, or any portion thereof, by a charitable organization when the charges and fees do not exceed One Hundred Dollars ($100.00).
B. As used in this title:
1. "Civil authorities" means those elected and appointed officers and employees who constitute the government of the United States, the government and agencies of the State of Oklahoma, county and municipal governments within the State of Oklahoma, and political subdivisions thereof;
2. "Charitable organization" means an entity described in Section 501(c)(3) of Title 26 of the United States Code; and
3. "Military reservations", without limitation, include military installations, armories, air bases, and facilities owned or controlled by the state for military purposes.
C. The Adjutant General shall have charge of military reservations of the state and shall be responsible for the protection and safety of those military reservations, and promulgate rules for the maintenance of order thereon, for the enforcement of traffic rules and for all other lawful rules as may be ordered for the operation, care, and preservation of existing facilities and installations on all state military reservations.
Added by Laws 1951, p. 123, § 1, emerg. eff. May 16, 1951. Amended by Laws 2005, c. 130, § 2, eff. Nov. 1, 2005; Laws 2011, c. 124, § 6, eff. Nov. 1, 2011; Laws 2016, c. 255, § 1, July 1, 2016.
2023 Oklahoma Statutes › Title 44. Militia › §44-232.2. Use and operation.

The Adjutant General shall promulgate rules and regulations for the use and operation of armories, buildings, and other facilities under control of the Military Department. The Adjutant General is authorized to expend monies for the sustainment, restoration, and modernization of facilities.
1. "Sustainment" means work required to maintain and preserve a real property facility, that it may be effectively used for its designated functional purpose. Sustainment includes maintenance and repair work.
2. "Restoration" means work that brings a facility to such a condition that it may effectively be used for its designed purposes. Restoration may also be work that restores or replaces facilities damaged by lack of sustainment, excessive age, natural disaster, fire, accident or other causes. Restoration includes repair and construction work.
3. "Modernization" means any modification to an existing facility or new construction necessitated not by maintenance but solely to implement new or higher standards, to accommodate new functions or missions or to replace building components lasting more than fifty (50) years. Modernization includes construction and repair work.
Added by Laws 1951, p. 123, § 2, emerg. eff. May 16, 1951. Amended by Laws 2011, c. 124, § 7, eff. Nov. 1, 2011; Laws 2015, c. 143, § 1, eff. Nov. 1, 2015.
2023 Oklahoma Statutes › Title 44. Militia › §44-232.3. Armory boards.

Each National Guard armory shall be supervised by an armory board consisting of three or more persons appointed by the Adjutant General.
Added by Laws 1951, p. 123, § 3, emerg. eff. May 16, 1951. Amended by Laws 1971, c. 134, § 1; Laws 1973, c. 32, § 1, emerg. eff. April 20, 1973; Laws 1978, c. 141, § 1, emerg. eff. April 5, 1978; Laws 2006, c. 254, § 2, eff. July 1, 2006.