US Laws, Codes, Statutes & Cases

OKLAHOMA STATUTES

TITLE 44.

MILITIA

_________

§441.  Short title.

This act shall be known, and may be cited as, "The Oklahoma Military Code."

Laws 1951, p. 114, art. 1, § 1, eff. May 16, 1951.

§442.  Purpose.

The purpose of this act is to revise, amend, correct and bring up to date the statutes relating to the Military Department of Oklahoma, the Organized and Unorganized Militia, and the National Guard of Oklahoma, and as set forth in the title hereof.

Laws 1951, p. 114, art. 1, § 2, eff. May 16, 1951.

§443.  Reference to repealed clauses.

When an act or law of the State of Oklahoma, not repealed herein, shall refer to any act or any section of any law which is repealed herein, such reference shall be deemed to refer to the section or sections of this act covering the same subject matter.

Laws 1951, p. 114, art. 1, § 4, eff. May 16, 1951.

§444.  Partial invalidity.

If any clause, sentence, paragraph, provision, or part of this act be adjudged by any court of competent jurisdiction to be unconstitutional or otherwise invalid, such shall not affect, impair or invalidate the remainder thereof, but shall be confined to the clause, sentence, paragraph, provision, or section thereof directly involved in the controversy in which such judgment is rendered.  The Legislature hereby declares that it intended separately to enact every sentence, part, clause, provision, and section of this act.

Laws 1951, p. 114, art. 1, § 5, eff. May 16, 1951.

§44-5.  Repealed by Laws 1961, p. 288, § 1, eff. July 21, 1961.

§446.  Honorary staff of the Governor.

The Governor may appoint an honorary staff to consist of such number of honorary aides with the brevet title of Colonel, Lieutenant Colonel or Major, as he may desire.  All of these staff officers shall be appointed by the Governor and hold office at his will and their commissions shall expire with the term of office of the Governor making such appointment.  Staff officers shall not be subject to jury duty during the period of their service.  The Adjutant General shall be ex officio Chief of Staff.

Laws 1951, p. 114, art. 1, § 7, eff. May 16, 1951.

§4421.  Military Department.

The Military Department of the State of Oklahoma is hereby established and shall be administered and controlled by the Governor as Commander in Chief, with the Adjutant General as the executive and administrative head thereof.  The Military Department is hereby organized into separate departments for the Army National Guard and the Air National Guard, and there shall be assigned to each department such officers, enlisted men and employees as may be considered necessary by the Governor as Commander in Chief and as may be authorized by law and Army National Guard regulations and Air National Guard regulations.

Laws 1951, p. 114, art. 2, § 1, eff. May 16, 1951; Laws 1959, p. 195, § 1, eff. July 16, 1959.

§44-21.1.  Personnel - Classified service - Special requirements for designated positions - Separation of employees in designated positions.

Personnel appointed as state employees in the Military Department shall be in the classified service of the state, except as otherwise provided by law, and shall be subject to the provisions of the Oklahoma Personnel Act concerning appointments, promotions, adverse actions, and all other personnel matters.  However, the Adjutant General may establish a requirement for membership in the National Guard as a special requirement for appointment to, and continued employment in, certain positions in the classified service which require special military training, exercise of command authority, direct specified military programs, or perform other functions directly related to administration and training of the National Guard or the maintenance or repair of National Guard facilities, equipment, or supplies.  Such designated positions shall include the specified military grade or grades authorized by the Adjutant General for appointment to the position and continued employment therein.  An employee in a designated position who is separated from the National Guard or who does not hold the specified military grade for the position will be reclassified, promoted, demoted, transferred or separated in accordance with the provisions of the Oklahoma Personnel Act and the Merit Rules for Employment.

Laws 1990, c. 258, § 32, operative July 1, 1990.

§4422.  Administration of military matters.

All matters concerning or relating to the Militia, the National Guard, or other military organizations, and such other duties as may be assigned by the Governor, shall be administered by and through the Military Department.

Laws 1951, p. 114, art. 2, § 2, eff. May 16, 1951.

§4423.  Governor as Commander in Chief  Powers  Armed military forces from other state or territory  Independent military organizations.

The Governor of the state shall be the Commander in Chief of the Militia, and as such shall have supreme command of the military forces of the state while in the service of the state or until they are ordered and accepted into the service of the United States.  While in the service of the state, he shall have power to muster out any organization of the state, discharge enlisted men, as provided herein, and perform such other acts in keeping with the laws of the Commander in Chief, subject to the laws of the United States and regulations prescribed by the President of the United States.  No armed military force from another state or territory shall be permitted to enter the state without his permission, unless such military force be a part of the United States, or is acting under the authority of the United States.  No independent military organization, except as a corps of cadets at the educational institutions, shall be permitted to bear arms without first securing permission of the Commander in Chief.

Laws 1951, p. 114, art. 2, § 3, eff. May 16, 1951.

§4424.  Adjutant General  Eligibility  Appointment.

The Adjutant General shall be appointed by the Governor, by and with the advice and consent of the Senate, and shall serve during the pleasure of the Governor.  No person shall be eligible to hold the office of the Adjutant General of this state, unless, at the time of his appointment, he is a federally recognized officer of the National Guard of Oklahoma, and of the National Guard of the United States, not below the rank of Major, and that his status as a federally recognized officer, both of the National Guard of Oklahoma and of the National Guard of the United States, shall have existed for at least three (3) years prior to the time of such appointment; or unless, within five (5) years prior to the time of his appointment, he has been a federally recognized officer of the National Guard of Oklahoma, and of the National Guard of the United States, not below the rank of Major, and that during his military service he served for a period of three (3) years as a federally recognized officer, both of the National Guard of Oklahoma and of the National Guard of the United States; provided that if the National Guard of Oklahoma is in active federal service and no persons having the above qualifications 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 Major or higher.

Laws 1951, p. 115, art. 2, § 4, eff. May 16, 1951; Laws 1971, c. 290, § 1.

§4425.  Rank of Adjutant General  Assistants.

The Adjutant General shall have the rank of Major General and devote his full time to the duties of his office.  The Governor may appoint an Assistant Adjutant General for Army and Assistant Adjutant General for Air to assist the Adjutant General in the discharge and performance of his duties.  Such Assistant Adjutants General shall have the qualifications prescribed by law for the Adjutant General and shall have the rank of Brigadier General.  The Adjutant General may appoint an employee to the position of Executive Assistant and Programs Manager for the Military Department of the state.  Said position shall be unclassified and exempt from the rules and procedures of the Office of Personnel Management, except leave regulations.

Laws 1951, p. 115, art. 2, § 5, eff. May 16, 1951; Laws 1959, p. 195, § 2, eff. July 16, 1959; Laws 1990, c. 258, § 33, operative July 1, 1990.

§4426.  Duties of the Adjutant General.

The Adjutant General shall be in control of the Military Department of the state, subordinate only to the Governor, whose military adviser he shall be.  Within the limitations and under the provisions of law, he 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.

Laws 1951, p. 115, art. 2, § 6, eff. May 16, 1951; Laws 1959, p. 195, § 3, eff. July 16, 1959.

§4427.  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.

§44-30.  Creation - Duties.

There is hereby created the "Oklahoma Military Advisory Commission" to maintain a cooperative and constructive relationship between the State of Oklahoma, its agencies and departments and the commanding officers or their designees of certain military installations located in this state.  The Commission shall identify, study and advise the Governor on issues of mutual concerns between the State of Oklahoma and said military installations, including changes in requirements and funding that could impact the State of Oklahoma, possible opportunities due to relocation of military installations, expansion and growth of military facilities in the State of Oklahoma and such other issues that the Governor may determine to be appropriate subjects of joint consideration.

Added by Laws 1993, c. 216, § 1, eff. Sept. 1, 1993.

§44-31.  Membership - Terms of office - Vacancies.

A.  The Oklahoma Military Advisory Commission shall be comprised of not more than twenty-one (21) members and shall include the following members:

1.  The Adjutant General of Oklahoma;

2.  Four members to be appointed by the Governor;

3.  Three members to be appointed by the President Pro Tempore of the Oklahoma State Senate; and

4.  Three members to be appointed by the Speaker of the Oklahoma House of Representatives.

B.  Of those members initially appointed to the Commission by the Governor:

1.  One appointee shall serve a term of two (2) years;

2.  Two appointees shall serve a term of four (4) years; and

3.  One appointee shall serve a term of six (6) years.

C.  Of those members initially appointed to the Commission by the President Pro Tempore of the Oklahoma State Senate and the Speaker of the Oklahoma House of Representatives:

1.  One appointee of each appointing authority shall serve a term of two (2) years;

2.  One appointee of each appointing authority shall serve a term of four (4) years; and

3.  One appointee of each appointing authority shall serve a term of six (6) years.

Thereafter, the appointed members shall serve for a term of six (6) years.  Vacancies shall be filled in the same manner as the original appointments.

Added by Laws 1993, c. 216, § 2, eff. Sept. 1, 1993.  Amended by Laws 1994, c. 94, § 1, eff. July 1, 1994; Laws 1998, c. 87, § 1, eff. July 1, 1998.

§44-32.  Meetings - Election of officers - Quorum - Representatives of certain military installations.

A.  The Oklahoma Military Advisory Commission shall hold a regular annual meeting at which time it shall elect from its membership a chairperson and a vice-chairperson.  Other regular meetings shall be held at such times as the rules of the Commission may provide.  Special meetings may be held at such times as may be deemed necessary or advisable by a majority of the Commission members.  At least one (1) week's notice of all meetings shall be given in a manner prescribed by the rules of the Commission.

B.  To constitute a quorum for conducting official business a majority of the Commission members must be present.

C.  Any meetings held by the Commission shall be subject to the provisions of the Oklahoma Open Meeting Act, Section 301 et seq. of Title 25 of the Oklahoma Statutes, and the Oklahoma Open Records Act, Section 24A.1 et seq. of Title 51 of the Oklahoma Statutes.

D.  The Commanding Officer at each of the following military installations or designee shall be invited to attend and participate at meetings of the Oklahoma Military Advisory Commission:

1.  Tinker Air Force Base at Midwest City, Oklahoma;

2.  Vance Air Force Base at Enid, Oklahoma;

3.  Altus Air Force Base at Altus, Oklahoma;

4.  United States Army Field Artillery Center and Fort Sill at Lawton, Oklahoma;

5.  95th Division (Training) at Midwest City, Oklahoma; and

6.  McAlester Army Ammunition Plant at McAlester, Oklahoma.

Added by Laws 1993, c. 216, § 3, eff. Sept. 1, 1993.  Amended by Laws 1998, c. 87, § 2, eff. July 1, 1998.

§4441.  Composition of Militia  Classes.

The Militia of the State of Oklahoma shall consist of all ablebodied citizens of the United States and all other ablebodied 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.

§4442.  Organization.

The National Guard of this state shall consist of such detachments, companies, batteries, battalions, regiments, divisions, squadrons, or other type units as the Governor may, from time to time, authorize to be formed, all to be organized in accordance with the regulations and laws governing the National Guard.

Laws 1951, p. 115, art. 3, § 2, eff. May 16, 1951.

§4443.  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 shall have successfully passed such tests as to his physical, mental, and professional fitness as may be prescribed by the laws and regulations applicable to the federally recognized National Guard.  In the selection and appointment of commissioned officers, preference shall be given to persons with prior active military service, enlisted men of the National Guard, and graduates of schools wherein Military Science is taught.

Laws 1951, p. 115, art. 3, § 3, eff. May 16, 1951; Laws 1963, c. 35, § 1, emerg. eff. April 4, 1963.

§4444.  Determination of character, capacity and fitness of officers, discharge when findings unfavorable  Vacating commissions  Failure to return property or account for funds  Elimination of officers.

At any time, the moral character, capacity, and general fitness for the service of any National Guard officer may be determined by an efficiency board of three (3) commissioned officers, senior in rank to the officer whose fitness for service shall be under investigation, such board to be convened by the Governor, and if the findings of such board shall be unfavorable to such officer and be approved by the Governor, he shall be discharged.  Commissions of officers in the National Guard may be vacated upon resignation, absence without leave for three (3) months, upon the recommendation of an efficiency board, or pursuant to a sentence of a courtmartial; provided, that an officer who has not returned or accounted for all the public property or accounted for funds for which he is responsible, shall under no circumstances receive an honorable discharge.  Officers rendered surplus by the disbandment of their organization, or other causes, shall be discharged from the National Guard or placed in the Inactive National Guard at the discretion of the Commander in Chief.

Laws 1951, p. 116, art. 3, § 4, eff. May 16, 1951.

§4445.  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.

§44-46.  Repealed by Laws 1999, c. 49, § 2, eff. July 1, 1999.

§4447.  Period of enlistment  Qualifications  Reenlistment  Oath  Relinquishment of custody of minor child.

A.  Enlistments in the National Guard.  Hereafter, the period of enlistment in the National Guard of this state shall be for three (3) years or such other time as prescribed by National Guard regulations, and the qualifications for enlistment shall be the same as those prescribed for admission to the Regular Army or Regular Air Force or National Guard regulations; provided that the privilege of continuing in active service during the whole of an enlistment period and of reenlisting in the said service shall not be denied except as herein otherwise provided.  Unless otherwise prohibited by federal law or by Department of Army, Department of Air Force or National Guard Bureau regulations, enlisted members and prospective members of the Oklahoma Army and Air National Guard who have successfully completed the requirements for and have obtained a General Education Diploma (G.E.D.) shall be awarded a high school diploma by the State of Oklahoma.  The State Department of Education shall issue this high school diploma.  Such diploma shall be limited to the purposes of enlistment and admission in the National Guard pursuant to the provisions of this section.  Such purpose shall be specified on the high school diploma.  All enlisted men of the National Guard of this state shall sign an enlistment contract and take and subscribe to the oath required by National Guard regulations.  Any officer or warrant officer of the Armed Forces of the United States may administer the enlistment oath.

B.  1.  By complying with this subsection, a single custodial parent who is an applicant for enlistment in the Oklahoma National Guard satisfies the requirements of National Guard Regulation 600200 or Air National Guard Regulation 3909 regarding the placement of the physical custody of a minor child with an adult blood relative of the child within the third degree of consanguinity for all periods of active duty during the term of enlistment.  A document placing the physical custody of a child pursuant to this subsection shall:

a. be in writing,

b. clearly identify the child, the person with whom physical custody is being placed, that person's relationship to the child, and the period of enlistment for which physical custody is to be placed,

c. be executed by the parent/applicant before a notary public, and

d. clearly state that it is for all purposes, including health care, during the periods of time in question.

2.  A certified copy or executed copy of the document required by this subsection shall become a part of the applicant's permanent Oklahoma National Guard file.

3.  Nothing in this section shall terminate, interfere, delay or negate any right of visitation by the noncustodial parent, or any person granted visitation by court order.

4.  It is the intent of the Legislature that the placement of physical custody of a child pursuant to the provisions of this section shall not be a substantial change to any existing custody decree nor shall it be deemed a voluntary permanent relinquishment of custody.

Added by Laws 1951, p. 116, art. 3, § 7, eff. May 16, 1951.  Amended by Laws 1981, c. 137, § 1, eff. Oct. 1, 1981; Laws 1988, c. 318, § 3, emerg. eff. July 6, 1988; Laws 1993, c. 121, § 1, emerg. eff. April 29, 1993; Laws 1998, c. 415, § 48, emerg. eff. June 11, 1998.

§4448.  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 courtmartial; 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.

§4449.  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.

§4450.  Inactive National Guard.

The Inactive National Guard of this state shall consist of such federally recognized officers and men as may be placed therein under the provisions of and in accordance with pertinent National Guard regulations.  The administration of the Inactive National Guard shall be in accordance with applicable National Guard regulations.

Laws 1951, p. 117, art. 3, § 10, eff. May 16, 1951.

§4471.  Drills, target practice, encampments and maneuvers  Duty to attend  Refusal of employer to permit attendance  Drills, exercises, etc.

Each detachment and unit in the National Guard shall assemble for drill and instruction, including indoor target practice, not less than fortyeight (48) times each year, and shall, in addition thereto, participate in encampments, maneuvers, or other exercises, including outdoor target practice, at least fifteen (15) days in training each year, including target practice, unless such unit or detachment shall have been excused from any participation in any part thereof by the Governor.  It shall be the duty of each commissioned officer and enlisted man or airman of the Oklahoma National Guard to be present and perform all the duties required of him 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 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.

Laws 1951, p. 117, art. 4, § 1, eff. May 16, 1951.

§4472.  Ordering into active service.

It shall be the duty of the Governor and he 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, and at all other times he may deem necessary to order on state duty the National Guard or any part thereof.  No member thereof who shall be ordered out for such duty shall be liable for civil prosecution for any act done by him in the discharge of his military duty on such occasion, and when the President of the United States shall make a call, order, or requisition for troops, the Governor shall first order into the service of the United States the organizations and arms of the service specified in said requisition.

Laws 1951, p. 117, art. 4, § 2, eff. May 16, 1951.

§4473.  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.

§44-74.  Pay and allowances of officers and enlisted men and women.

Officers and enlisted men and women while in active service of the state shall receive the same pay as paid for the same rank or grade for service in the Army or Air Force of the United States.  Officers and enlisted men and women while in active service of the state shall receive the same allowances as paid for the same rank or grade of service in the Army or Air Force of the United States, unless the State of Oklahoma provides lodging quarters and meals for those personnel.

Added by Laws 1951, p. 118, art. 4, § 4, eff. May 16, 1951.  Amended by Laws 1999, c. 49, § 1, eff. July 1, 1999.

§4475.  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.

§44-77.  State funding for insurance premiums.

The Adjutant General is hereby authorized to expend state funds specifically 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.  Qualification for this insurance benefit is limited to military members of the Oklahoma Army and Air National Guard who are in good standing in their unit and satisfactorily performing all required training.

Added by Laws 2005, c. 240, § 1, emerg. eff. June 2, 2005.

§44-91.  Repealed by Laws 1963, c. 148, § 1114, eff. June 6, 1963.

§44-92.  Repealed by Laws 1963, c. 148, § 1114, eff. June 6, 1963.

§44-93.  Repealed by Laws 1963, c. 148, § 1114, eff. June 6, 1963.

§44-94.  Repealed by Laws 1963, c. 148, § 1114, eff. June 6, 1963.

§44-95.  Repealed by Laws 1963, c. 148, § 1114, eff. June 6, 1963.

§44-96.  Repealed by Laws 1963, c. 148, § 1114, eff. June 6, 1963.

§44-97.  Repealed by Laws 1963, c. 148, § 1114, eff. June 6, 1963.

§44111.  Public property  Liability of commanding officer  Liability of person responsible for loss, damage or destruction  Apprehension and prosecution of persons absconding.

(a)  The officer in permanent or temporary command of a station is responsible for the security of all public property of the command, whether in use or in store, and although for purposes of periodical accountability to general headquarters, it may all have been officially accepted and receipted for by subordinate officers, the commanding officer is nevertheless responsible and pecuniarily liable with them for the strict observance of the regulations in regard to its preservation, use and issue.  He will take care that all storehouses are properly guarded, that only reliable agents are employed, and only trustworthy enlisted men are detailed for duty in them or in connection with the property.

(b)  A company or detachment commander is responsible for all public property pertaining to his company or detachment and will not transfer his accountability therefor to a successor during periods of absence of less than thirty (30) days, unless ordered by competent authority, when such absence exceeds thirty (30) days, the question of responsibility is settled by the proper authority.

(c)  The officer in temporary or permanent command of a company or detachment is responsible for all public property used by, or in possession of the command, whether he receipts for it or not.

(d)  The property responsibility of a company commander cannot be transferred to enlisted men.  It is his duty to attend personally to its security, and to superintend issue himself, or cause to be superintended by a commissioned officer.

(e)  A transfer of public property involves a change of possession and accountability.  The transferring officer will furnish the receiving officer with invoices, in duplicate, accurately enumerating the property and the latter will return duplicate receipts.  The transaction will appear on the property returns rendered by such.

(f)  The giving or taking of receipts in blank for public property is prohibited.  Officers are cautioned against the signing of receipts for property without an actual physical count of such property.  A relief at some future time for a shortage caused by failure to exercise such precaution will not be favorably considered.

(g)  An officer in charge of public property in use or in store will endeavor by timely repairs to keep it in serviceable condition.

(h)  Officers responsible for property will be charged for any damage to or loss or destruction of the same, unless they show to the satisfaction of the Adjutant General, by proper evidence, that the damage, loss, or destruction was occasioned by unavoidable causes, and without fault or neglect on their part.

(i)  If an article of public property be lost or damaged by the neglect or fault of any officer or soldier, he shall be subject to pay for the value thereof or the cost of repairs, in a sum to be determined by the proper authority, upon the demand of the Adjutant General.

(j)  The amount charged against an enlisted man on the muster and payrolls on account of loss or damage to, or repairs to military property shall not exceed the value of the article or cost of repairs; and such charge will only be made on conclusive proof, and never without an inquiry if the soldier demands it.

(k)  The Adjutant General is authorized to pay from the funds appropriated to the Military Department for operating expenses the expenses necessary for the apprehension and prosecution of any person absconding with property belonging either to the state or United States; provided, such person is without the confines of this state.

Laws 1951, p. 121, art. 6, § 1, eff. May 16, 1951.

§44112.  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.

§44113.  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.

§44114.  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.

§44115.  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.

§44116.  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.

§44117.  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.

§44-141.  Repealed by Laws 1951, p. 114, art. 1, § 3, eff. May 16, 1951.

§44-142.  Repealed by Laws 1951, p. 114, art. 1, § 3, eff. May 16, 1951.

§44-143.  Repealed by Laws 1937, p. 109, § 2, eff. March 31, 1937.

§44-144.  Repealed by Laws 1937, p. 109, § 2, eff. March 31, 1937.

§44-145.  Repealed by Laws 1951, p. 114, art. 1, § 3, eff. May 16, 1951.

§44-146.  Repealed by Laws 1937, p. 109, § 2, eff. March 31, 1937.

§44-147.  Repealed by Laws 1951, p. 114, art. 1, § 3, eff. May 16, 1951.

§44-148.  Repealed by Laws 1951, p. 114, art. 1, § 3, eff. May 16, 1951.

§44-149.  Repealed by Laws 1951, p. 114, art. 1, § 3, eff. May 16, 1951.

§44-150.  Repealed by Laws 1951, p. 114, art. 1, § 3, eff. May 16, 1951.

§44-151.  Repealed by Laws 1951, p. 114, art. 1, § 3, eff. May 16, 1951.

§44-152.  Repealed by Laws 1941, p. 464, § 6, eff. June 7, 1941.

§44-153.  Repealed by Laws 1937, p. 109, § 2, eff. March 31, 1937.

§44-154.  Repealed by Laws 1951, p. 114, art. 1, § 3, eff. May 16, 1951.

§44-155.  Repealed by Laws 1951, p. 114, art. 1, § 3, eff. May 16, 1951.

§44-156.  Repealed by Laws 1951, p. 114, art. 1, § 3, eff. May 16, 1951.

§44-157.  Repealed by Laws 1951, p. 114, art. 1, § 3, eff. May 16, 1951.

§44-158.  Repealed by Laws 1951, p. 114, art. 1, § 3, eff. May 16, 1951.

§44-159.  Repealed by Laws 1951, p. 114, art. 1, § 3, eff. May 16, 1951.

§44-160.  Repealed by Laws 1951, p. 114, art. 1, § 3, eff. May 16, 1951.

§44-161.  Repealed by Laws 1951, p. 114, art. 1, § 3, eff. May 16, 1951.

§44-162.  Repealed by Laws 1951, p. 114, art. 1, § 3, eff. May 16, 1951.

§44-163.  Repealed by Laws 1951, p. 114, art. 1, § 3, eff. May 16, 1951.

§44-191.  Repealed by Laws 1970, c. 99, § 3, eff. March 30, 1970.

§44192.  Character and design  Selection by Board of Officers.

The medals and decorations provided for in this act shall be of a character and design which shall be decided upon and approved by a Board of Officers of the federally recognized Oklahoma National Guard selected by the Adjutant General by order of the Governor, the duty of which Board shall be to select proper and appropriate designs for medals and ribbons and symbols which will reflect the history and traditions of the State of Oklahoma.

Laws 1933, c. 194, p. 426, § 2, eff. July 21, 1933.

§44193.  General orders to carry out act  Rules and regulations.

The Governor through the Military Department shall publish such general orders as may be necessary to carry out the provisions of this act and to prescribe the rules and procedure by which recommendation or application shall be made for any of the awards and decorations herein created and established, and for the method and manner of approving such recommendations and applications and the making of awards thereon.

Laws 1933, c. 194, p. 426, § 3, eff. July 21, 1933.

§44195.1.  Citation.

This act shall be known as the Awards and Decorations Act of 1961.

Laws 1961, p. 290, § 1, eff. June 7, 1961.

§44195.2.  Definitions.

For the purpose of, and when used in this act:

(a)  The term "Governor" means the Governor of the State of Oklahoma.

(b)  The term "Adjutant General" means the Adjutant General of the State of Oklahoma.

(c)  The term "Oklahoma National Guard" means the Army National Guard and the Air National Guard of the State of Oklahoma.

Laws 1961, p. 290, § 2, eff. June 7, 1961; Laws 1986, c. 296, § 4, eff. July 1, 1986.

§44195.3.  Purpose.

The purpose of the act is to establish awards and decorations for the appropriate recognition of officers, warrant officers, and enlisted personnel of the Oklahoma National Guard so that outstanding and exceptional service to the Oklahoma National Guard and to the State of Oklahoma may be appropriately recognized and brought to the attention of the general public.

Laws 1961, p. 290, § 3, eff. June 7, 1961.

§44195.4.  Duties of Adjutant General.

(a)  The Adjutant General, shall have the following duties:

(1)  Establish orderly procedures for the carrying out of the intent and purpose of this act.

(2)  Design and submit to the Governor for approval, the decorations and medals herein established and not heretofore provided by law.

(3)  Make recommendations to the Governor as to the disposition of all proposed citations, such recommendations to include:  (A) Approve.  (B) Rewrite and approval. (C) Rewrite and approval of a higher or a lesser award.  (D) Disapproval.

Laws 1961, p. 290, § 4, eff. June 7, 1941; Laws 1985, c. 178, § 20, operative July 1, 1985; Laws 1986, c. 296, § 5, eff. July 1, 1986.

§44-195.5.  Awards and decorations established.

The following awards and decorations are hereby created and established and shall be bestowed upon the federally recognized officers, warrant officers, and enlisted personnel of the Oklahoma National Guard under the conditions and in the manner provided in this act.

(a)  An Oklahoma Distinguished Service Cross which may be awarded to any eligible person who shall perform at great personal danger and  risk of life or limb in the line of military duty any act of heroism designed to protect life or property or who while on active state duty during a period of martial law shall perform such acts over and beyond the call of duty which act, danger or risk he could have failed to perform or incur without being subject to censure for neglect of duty.

(b)  An Oklahoma Distinguished Service Medal which may be awarded to any eligible person who, as a member of the Oklahoma National Guard, shall perform unusually distinguished and meritorious service which to a marked degree is reflected in the increased efficiency and growth of the Oklahoma National Guard or which brings exceptional honor and credit to the Oklahoma National Guard and commands the attention and respect of the citizens of the state and of members of the military establishment of the United States.

(c)  An Oklahoma Meritorious Service Medal may be awarded to any eligible person who, while as a member of the Oklahoma National Guard, shall perform outstanding meritorious service which to a marked degree is reflected in the increased efficiency and growth of that branch of the Oklahoma National Guard to which he belongs or which brings credit to the Oklahoma National Guard over and above that which would occur by reason of the superior performance of assigned duties.

(d)  An Oklahoma Guardsman Medal which may be awarded to any eligible person who, as a member of the National Guard having more than fifteen (15) years total service, has contributed to the efficiency and growth of the Oklahoma National Guard by an unusually high character of performance of duty and, by the contribution of extra time and effort, has made himself known as an outstanding member of the Oklahoma National Guard.

(e)  The Long Service Medal shall be awarded for honest and faithful service in the Oklahoma National Guard for a period of five (5) years.  Ribbons to accompany the medal will be awarded for periods of five (5) years, ten (10) years, fifteen (15) years, twenty (20) years, twentyfive (25) years and longer periods.  Symbols denoting one (1) additional year may be worn on each ribbon until the recipient shall be entitled to the next ribbon.  Only the latest awarded Long Service Ribbon may be worn.

(f)  At the discretion of the Adjutant General, an Oklahoma Recruiting Medal may be awarded to any member of the Oklahoma National Guard who, in any one calendar year, is personally and solely responsible for obtaining five (5) accessions to the strength of the Oklahoma National Guard.  The basic medal shall be awarded to the individual for the first award and numeral, to be affixed to the ribbon awarded with the basic medal, denoting second, third, fourth and fifth awards, for a maximum of five (5) awards per individual recruiter, shall be issued to denote succeeding awards.

(g)  An Oklahoma Star of Valor Medal may be awarded to any eligible person who, while a member of the Oklahoma National Guard, performs an act of heroism involving voluntary risk of life or limb designed to protect the life of another person under conditions other than those of conflict with an armed enemy, the saving of a life or the success of the act not being essential.

(h)  An Oklahoma Commendation Medal may be awarded to any eligible person who, as a member of the Oklahoma National Guard, influenced the success and recognition of that branch of the Oklahoma National Guard to which he belongs through performance of conspicuous military duty, distinct achievement, or an act of courage.

(i)  An Oklahoma Exceptional Service Medal may be awarded to a present or former employee of the Oklahoma Military Department who has contributed to the efficiency and improvement of the Oklahoma National Guard through sustained loyal and dedicated service, demonstration of outstanding ability, or a specific noteworthy accomplishment, with subsequent awards being denoted by numeral devices affixed thereto.

(j)  An Oklahoma Good Conduct Ribbon may be awarded to any member of the Oklahoma National Guard for exemplary behavior, efficiency, and fidelity while performing a continuous year of military service in an enlisted status, subsequent to enactment.  A conviction by civil court, a courtmartial, or a total of more than six (6) minor traffic violations during the period considered for the award will negate the creditability of the period.  Subsequent awards may be denoted by numeral devices affixed to the ribbon to signify the cumulative number of years of qualifying service.

(k)  The Governor's Distinguished Unit Award shall be awarded annually to the outstanding Army and Air National Guard unit, selected by committees appointed by the Adjutant General, such units to be presented the Governor's Trophy, Army, and the Governor's Trophy, Air, respectively.  The Governor's Trophy shall be designated "a traveling trophy", with miniatures thereof being awarded each winning unit for permanent possession.  Membership in units awarded the distinguished unit award during period covered by the selection process shall entitle individual guardsmen to wear the Distinguished Unit Emblem on appropriate uniforms during their tenure in the Oklahoma National Guard, and subsequent awards may be denoted by numeral devices affixed thereto.

(l)  A One Hundred Percent Drill Attendance Badge may be awarded to enlisted members of the Oklahoma National Guard who attended one hundred percent of the regularly scheduled drills of the unit to which assigned and a minimum of fifteen (15) days field training during a period of one (1) year.  Credit will be given for constructive attendance and authorized makeup drills.  Year bars to be attached to the badge will be awarded for each qualifying subsequent year.

(m)  Oklahoma Active Duty Service Medal may be awarded to any eligible person who was a member of the Oklahoma National Guard on state active duty for state disaster or civil disturbance for a period of time of not less than twentyfour (24) hours and who has contributed to the success and recognition of his/her unit during their state mission, with subsequent awards being denoted by numeral devices affixed thereto.

(n)  Selected Reserve Force Medal may be awarded to any individual who served honorably as a member of an Oklahoma National Guard unit designated as a Selected Reserve Force (SRF) by the Department of the Army.  Service must have been for a minimum of twelve (12) months, beginning October 1, 1965, during the period through January 31, 1968, the units so designated in the Oklahoma Army National Guard were HQ & HQ Co. 3rd Bde, 45th Inf Div; 2nd Bn 179th Inf; 2nd Bn 180th Inf; 2nd Bn 279th Inf and 1st Bn 160th FA.

(o)  The Oklahoma Officer Candidate School Hall of Fame award may be awarded to any graduate of the Oklahoma National Guard State Officer Candidate School who is distinguished in military and civilian pursuits and public service activities.  The award may be made to graduates who are current or former members of the Oklahoma National Guard or the U.S. Army Reserve.

(p)  The Oklahoma Adjutant General's Award may be awarded to recognize the outstanding service of any retiring member of the Oklahoma National Guard or Military Department employee who is distinguished in military and civilian pursuits and public service activities.  The award may be made to either full-time or part-time members of the Oklahoma National Guard and to nonuniformed employees of the Oklahoma Military Department.

(q)  The Oklahoma Desert Storm Service Medal and Ribbon may be awarded to any member of the Oklahoma National Guard who was called into active federal service during the Persian Gulf Crisis.  It is not necessary that the member actually served in Saudi Arabia, but rather was called into active federal service for the Desert Storm operation and served honorably for a period of at least thirty (30) consecutive days during the period August 1, 1990, to the conclusion of the operation as determined by the Department of Defense.

(r)  The Oklahoma Alfred P. Murrah Service Medal may be awarded to any member of the Oklahoma National Guard, to nonuniformed employees of the Oklahoma Military Department and to other persons deemed appropriate by the Adjutant General who served in support of disaster relief operations in Oklahoma City, Oklahoma, following the April 19, 1995, bombing of the Alfred P. Murrah Federal Building.

(s)  The Adjutant General's Staff Identification Badge may be awarded to an individual serving as a member of the coordinating staff in the State Headquarters of the Oklahoma Army National Guard in a position designated as General Staff With Troops (GSWT).  The policy of the Military Department of this state shall determine the eligibility for the awarding and wearing of the badge as specified in this paragraph.

(t)  Any Oklahoma Medal heretofore awarded and any other medals for any war or campaign or mobilization which the federal government shall recognize by awarding to the members of the military or naval forces of the United States service medals therefor, if any federally recognized unit or units of the Oklahoma National Guard shall participate therein.

Added by Laws 1961, p. 290, § 5, eff. June 7, 1961.  Amended by Laws 1970, c. 99, § 1, emerg. eff. March 30, 1970; Laws 1973, c. 66, § 1, emerg. eff. April 27, 1973; Laws 1986, c. 210, § 8, operative July 1, 1986; Laws 1991, c. 13, § 1, emerg. eff. March 25, 1991; Laws 1995, c. 46, § 1, emerg. eff. April 10, 1995; Laws 1995, c. 319, § 1, eff. July 1, 1995.

§44195.6.  Character and design.

The medals and decorations provided for in this act shall be of a character and design to be adopted by the Adjutant General and thereafter approved by the Governor.  Provided, however, that the design for those awards and decorations heretofore approved shall remain in effect as follows: The Oklahoma Distinguished Service Cross, The Oklahoma Distinguished Service Medal, The Long Service Medal, The Oklahoma Recruiting Medal, The Oklahoma Star of Valor Medal, The Oklahoma Commendation Medal, The Oklahoma Exceptional Service Medal, The Oklahoma Good Conduct Ribbon, The Governor's Distinguished Unit Award, The One Hundred Percent Drill Attendance Badge.  Provided further that all such designs shall be filed in the office of the Secretary of State of the State of Oklahoma.  Upon the official adoption of designs of awards and decorations herein provided for, the Adjutant General shall purchase from such funds as may be available to him a reasonable supply of such awards.

Laws 1961, p. 291, § 6, eff. June 7, 1961; Laws 1970, c. 99, § 2, emerg. eff. March 30, 1970; Laws 1986, c. 296, § 6, eff. July 1, 1986.

§44195.7.  Presentation of awards.

The presentation of all awards will be public ceremony and where practical, all awards except the Long Service Medals will be presented at the appropriate summer encampment by the Governor or at his direction.

Added by Laws 1961, p. 291, § 7, eff. June 7, 1961.

§44195.8.  Authorization to award other persons.

All applicable awards and decorations established by Title 44, O.S. 1961, Section 195.1 through Section 195.7, may be awarded, in addition to those named therein, to any former member of the Oklahoma National Guard, and to such individuals who have rendered outstanding service or support to the Oklahoma National Guard, without regard to military status.

Laws 1967, c. 175, § 1, emerg. eff. June 10, 1967.

§44-201.  Repealed by Laws 1951, p. 114, art. 1, § 3, eff. May 16, 1951.

§44-202.  Repealed by Laws 1951, p. 114, art. 1, § 3, eff. May 16, 1951.

§44-203.  Repealed by Laws 1937, p. 109, § 2, eff. March 31, 1937.

§44-204.  Repealed by Laws 1951, p. 114, art. 1, § 3, eff. May 16, 1951.

§44-205.  Repealed by Laws 1951, p. 114, art. 1, § 3, eff. May 16, 1951.

§44-206.  Repealed by Laws 1951, p. 114, art. 1, § 3, eff. May 16, 1951.

§44-207.  Repealed by Laws 1951, p. 114, art. 1, § 3, eff. May 16, 1951.

§44208.  Discrimination against officers or enlisted men  Places of entertainment or amusement  Discharge or hindrance of duties by employers.

No person shall discriminate against any officer or enlisted man of the National Guard because of his membership therein.  No person shall prohibit or refuse entrance to any officer or enlisted man of the Army or Navy of the United States, or of the military forces of this state, into any public entertainment or place of amusement because such officer or enlisted man is wearing a uniform of the organization to which he 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 man of the military forces of the state, or hinder or prevent him from performing any military service he may be called upon to perform by proper authority, in respect to his 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.

Laws 1935, p. 91, § 4, eff. April 19, 1935.

§44-208.1.  Oklahoma National Guard - Civil relief - Employment and reemployment rights.

The following provisions of federal law shall be adopted as state law and applied to members of the Oklahoma National Guard when such members are ordered to state active duty or full-time National Guard duty under Sections 501 through 507 of Title 32 of the United States Code:

1.  The Servicemembers Civil Relief Act of 2003 (SCRA), codified at 50 U.S.C. App., Section 501 et seq., which updates, renames, and replaces the Soldiers' and Sailors' Civil Relief Act of 1940; and

2.  The Uniformed Services Employment and Reemployment Rights Act (USERRA), Sections 4301 through 4333 of Title 38 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.

§44-209.  Leave of absence to public officers and employees.

All officers and employees of the state or a political subdivision thereof who are members of the National Guard, shall, when ordered by proper authority to active or inactive service, be entitled to a leave of absence from civil employment for the period of active service, without loss of status or efficiency rating.  During the first thirty (30) calendar days for employees of political subdivisions or the first thirty (30) regular scheduled work days for state employees of the leave of absence in any federal fiscal year, the officers or employees 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 may elect to pay them an amount equal to the difference between the officers' or employees' full regular pay from the employing state agency or political subdivision and their National Guard pay, except that state officers and employees shall receive the difference between their full regular pay and their National Guard pay when they are ordered by proper authority to active or inactive service retroactive to the date that the state officer or employee reported to active service on or after September 11, 2001, during the period that Operation Enduring Freedom is in effect.  The durational limit of protected military service as provided for in this section shall not be less than that provided by federal law.  If it is necessary in the public interest to provide for the performance of the duties of their positions during such absence, the authority having power to fill a vacancy in the positions may appoint substitutes, to be known as acting incumbents, who shall qualify as required for the regular incumbents and shall receive the same pay, including benefits and pay adjustments, as fixed by law, if any, or otherwise such pay, including benefits and pay adjustments, as may be fixed by proper authority.

The Office of Personnel Management 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.

§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.

§44211.  Martial law  Arrests and subpoenas.

Troops occupying a military district established under martial law, may, if necessary, pursue, arrest and subpoena persons wanted in said military district, anywhere within the State of Oklahoma.

Laws 1935, p. 92, § 7, eff. April 19, 1935.

§44212.  Action against officer or enlisted person for official acts  Defense  Costs and security.

If a suit or proceeding shall be commenced in any court by any person against any officer or enlisted person of the military forces for any act done by such officer or enlisted person in his official capacity in the discharge of any duty under Sections 1 through 117, 208 through 235.2, or 241 through 250 of this title, or against any soldier acting under the authority or order of any such officer, or by virtue of any warrant issued by him pursuant to law, it shall be the duty of the Attorney General or Judge Advocate to defend such person.

The actual court costs of such a defense shall be a legal charge against the state and shall be submitted to the Legislature for payment.  Before any suit or proceeding shall be filed or maintained against any officer or soldier as herein provided, the plaintiff shall be required to give security, to be approved by the court in a sum not less than One Hundred Dollars ($100.00), to secure the costs. If the plaintiff fails to recover judgment such costs shall be taxed and judgment rendered therefor against him and his sureties.

Laws 1935, p. 92, § 8, eff. April 19, 1935; Laws 1985, c. 96, § 2, eff. Nov. 1, 1985.

§44213.  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.

§44214.  Injury or destruction of property  Sale, disposal or removal.

Every person who shall willfully or wantonly injure or destroy any articles of arms, clothing, equipment, or other military property furnished or issued by the federal government or the state, and refuses to make good such injury or loss; or who shall sell, dispose of, secrete or remove the same with intent to sell or dispose of it, shall be punished by a fine of not less than One Hundred Dollars ($100.00), nor more than Five Hundred Dollars ($500.00), or be imprisoned in the county jail for not more than four (4) months, or by both such fine and imprisonment.

Laws 1935, p. 92, § 10, eff. April 19, 1935.

§44-215.  Repealed by Laws 1951, p. 114, art. 1, § 3, eff. May 16, 1951.

§44-216.  Repealed by Laws 1963, c. 148, § 1114, eff. June 6, 1963.

§44-217.  Repealed by Laws 1951, p. 114, art. 1, § 3, eff. May 16, 1951.

§44218.  Armories  Acceptance of title to real estate.

The Adjutant General, with the approval of the Governor, is authorized to accept, for and in the name of the State of Oklahoma, acting as trustee for the Oklahoma National Guard, title to parcels of real estate on which an armory or armories have been or may be constructed.

Laws 1931, p. 77, § 1, eff. April 24, 1931.

§44219.  State not to be financially responsible.

The State of Oklahoma, in so accepting and holding the said parcel or parcels of real estate, shall incur no financial responsibility or liability.

Laws 1931, p. 77, § 2, eff. April 24, 1931.

§44220.  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.

§44221.  Provisions for National Guard when in service.

The Adjutant General shall provide such subsistence and expenses for the National Guard when in active service, as may be ordered by the Commander in Chief.

R.L. 1910, § 3905.

§44-222.  Repealed by Laws 1951, p. 114, art. 1, § 3, eff. May 16, 1951.

§44223.  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.

§44224.  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.

§44-225.  Repealed by Laws 1983, c. 304, § 182, eff. July 1, 1983.

§44226.  Location of National Guard armory.

Any building erected by the Office of Public Affairs for the use, occupancy, housing, or quartering of the officers, personnel, and equipment of the National Guard of the State of Oklahoma shall be located upon land owned by the State of Oklahoma within the CapitolMedical Center Improvement and Zoning District as that district is defined in Section 83 of Title 73 of the Oklahoma Statutes.

Laws 1936, Ex. Sess., p. 24, § 7, eff. Jan. 6, 1937; Laws 1983, c. 304, § 16, eff. July 1, 1983.

§44-227.  Architect - Selection - Contract by Adjutant General.

The architect for the construction of the armory building for the housing, occupancy, or quartering of the officers, personnel, and equipment 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 and 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 armory building.  The Oklahoma Military Department may use federal contracting procedures for construction of such armory building.

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.

§44228.  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.

§44229.  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 the county jail of the county in which said unit is regularly stationed.

Laws 1961, p. 289, § 1, eff. May 24, 1961.

§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.

§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.

§44-231.1.  Repealed by Laws 1951, p. 125, § 8, eff. May 16, 1951.

§44-231.2.  Repealed by Laws 1951, p. 125, § 8, eff. May 16, 1951.

§44-231.3.  Repealed by Laws 1951, p. 125, § 8, eff. May 16, 1951.

§44-231.4.  Repealed by Laws 1951, p. 125, § 8, eff. May 16, 1951.

§44-231.5.  Repealed by Laws 1951, p. 125, § 8, eff. May 16, 1951.

§44-231.6.  Repealed by Laws 1951, p. 125, § 8, eff. May 16, 1951.

§44-231.7.  Repealed by Laws 1951, p. 125, § 8, eff. May 16, 1951.

§44-231.8.  Repealed by Laws 1951, p. 125, § 8, eff. May 16, 1951.

§44-231.9.  Repealed by Laws 1951, p. 125, § 8, eff. May 16, 1951.

§44-231.10.  Repealed by Laws 1951, p. 125, § 8, eff. May 16, 1951.

§44-231.11.  OBSOLETE.

This section, derived from Laws 1945, p. 142, § 11, read as follows:

"The authority exercised heretofore by the Governor in appointing temporary armory boards, and by the Adjutant General in protecting, preserving, operating and maintaining all armories owned or used by the state, is hereby ratified.  Likewise the action of local temporary armory boards previously appointed by the Governor in preserving, maintaining and operating armories, and in hiring out and leasing armories and in impounding and expending revenue derived therefrom is hereby ratified, provided that any and all leases whereby any persons or corporations are presently occupying or using any armories shall be submitted to the Adjutant General for his approval before being valid unless the same have previously been approved by the Adjutant General."

Laws 1945, p. 142, § 11.

§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 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; and

4.  The execution of other contracts and agreements.

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.

§44232.1.  Armories, etc. and military reservations - Operation and control.

A.  All armories, vehicle storage buildings, warehouses, and other buildings and facilities, real and personal property in connection therewith, state or federally owned, procured, leased, or constructed from federal or state funds, occupied or used by the Militia, National Guard, or other authorized military organizations under state control, shall be operated, maintained, altered, repaired, and controlled by the Military Department.  When existing armories or facilities are not available at any station to which an organization of the National Guard has been assigned, then, the Adjutant General is authorized to lease or hire buildings and facilities and to pay reasonable rental from any funds appropriated for operating and maintenance expenses of the Military Department or the Adjutant General.

B.  "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.

§44232.2.  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 appropriated for operating and maintenance expenses to the Military Department or to the Adjutant General for the purpose of improvements, including street improvements, repair, alterations, and maintaining of armories and facilities enumerated in Section 1 of this act.

Laws 1951, p. 123, § 2, eff. May 16, 1951.

§44232.3.  Armory boards  Temporary armory boards.

(a)  Each National Guard armory shall be supervised by an armory board consisting of three (3) or more persons appointed by the Adjutant General according to the following:

1.  The composition of the board for a single unit armory shall be at least one federally recognized National Guard officer or warrant officer, one National Guard enlisted man, and such other individual as the Adjutant General determines is necessary. The senior officer or warrant officer member shall be president of such board.

2.  The composition of the board for a multiple unit armory shall include at least one federally recognized National Guard officer or warrant officer from each unit housed in the armory, a National Guard enlisted man from each unit housed in the armory, and such other individuals as the Adjutant General determines to be required to represent all local military interests and to meet all administrative requirements of the board.  The senior officer or warrant officer member shall be president of such board, unless otherwise designated by the Adjutant General.

(b)  Each member of an armory board shall be appointed for a term of three (3) years, but may be removed by the Adjutant General.

(c)  Whenever the United States is at war or units of the National Guard are called or ordered into service of the United States and officers or warrant officers of the National Guard are not available, the Governor may appoint to serve at his pleasure, for each such armory, a temporary armory board, to consist of not more than three (3) persons, residents in the county wherein is located the armory for which they are to serve.  Each member of the temporary armory board is to serve without pay.  Temporary armory boards will terminate upon notification by the Adjutant General that an armory board has been appointed in accordance with subsection (a) above.

Laws 1951, p. 123, § 3, eff. May 16, 1951; 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.

§44232.4.  Duties and responsibilities.

The armory boards are appointed to assist the Adjutant General and are responsible to him for the use, care and maintenance of the armories, in accordance with rules and regulations promulgated by the Adjutant General.  The boards at the various stations or locations shall have the general supervision and authority over the armory building, the grounds, approaches, and other facilities.  They may promulgate rules and regulations, not inconsistent with rules and regulations issued by the Adjutant General, for the use and operation of said armories and facilities.

Laws 1951, p. 124, § 4, eff. May 16, 1951.

§44232.5.  Assignment of military organizations to armories.

The Adjutant General shall assign military organizations to the various armories.  Armories are provided primarily for the use and benefit of the military organizations quartered therein, but nothing in this act shall be construed as prohibiting the use of any armory building by any educational, civic, religious, patriotic, or veterans organization, or for the purpose of holding athletic or social events, or meetings under the auspices of any recognized political party, or use by any governmental agency, provided such use is temporary and does not in any way interfere with requirements of the state, and provided no expense to the Military Department of the state is incurred by reason of such use.  No armory building or other facilities enumerated in Section 1 of this act may be used for other than military purposes except under lease as hereinafter provided.

Laws 1951, p. 124, § 5, eff. May 16, 1951.

§44232.6.  Leasing or hiring out of armories or facilities.

The armory board, subject to the approval of the Adjutant General, may hire out or lease to any person, firm, corporation, or governmental agency, for any legal use for periods not exceeding one (1) year, with provisions for renewal from year to year, the armory or its facilities or portions thereof, provided the hiring out or leasing of the armory does not interfere with its use by the National Guard or other state military organizations.  Hiring out of facilities includes, but is not limited to, the leasing of houses situated on the Whitaker Education and Training Center in Pryor, Oklahoma.  The leasing or hiring of the armory shall not, in any event, be for the storage of anything that would be a detriment to the property or a fire hazard to the building.  Any lease shall contain a clause permitting it to be canceled upon thirty (30) days' written notice by either party or terminated on order of the Adjutant General, should the public interest or military requirements necessitate.  No armory shall be leased for less than an amount sufficient to cover all expenses, including utility bills, janitor service, and any repairs occasioned by its use.  Any person, firm, organization, corporation, federal, state, or municipal agencies now occupying any armory or portion thereof, and is not occupying same under written lease as herein provided, then that person, firm, organization, corporation, or governmental agency shall enter into the lease with the armory board, subject to approval of the Adjutant General, within thirty (30) days of the effective date hereof.  If that person, firm, organization, corporation, or governmental agency fails to enter into an agreement within the thirty-day period, then that person, firm, organization, corporation, or governmental agency will vacate the armory or other facilities without further notice.  The Attorney General is authorized to institute and prosecute on behalf of the state, suits for recovery of possession of buildings and facilities upon request of the Adjutant General.

Added by Laws 1951, p. 124, § 6, emerg. eff. May 16, 1951.  Amended by Laws 2005, c. 130, § 3, eff. Nov. 1, 2005.

§44232.7.  Armory board funds.

Individual armory board funds shall be controlled, deposited, expended and accounted for as either petty cash funds or as an agency special account or sub account(s) at the direction of the Adjutant General.  A full and complete record of funds received and disbursed by the armory board either as petty cash funds or agency special account or sub account(s) funds shall be kept and shall be subject to audit, and reports submitted to the Adjutant General as of 1 July each year, and at such other times as may be required by the Adjutant General.  Each armory board, subject to approval of the Adjutant General is authorized to expend revenue received for the improvement, including street improvement, alterations, repair and maintenance of the armory and facilities under its control and may further expend such funds for the benefit of state military organizations assigned thereto.  If such funds are not needed for the operation, repair, and maintenance of the armory or if no military organization is assigned to the armory, the Adjutant General may order such funds turned over to him and he may expend such funds for the benefit of the National Guard of the state as a whole.

Laws 1951, p. 124, § 7, eff. May 16, 1951; Laws 1990, c. 258, § 35, operative July 1, 1990.

§44-233.1.  Repealed by Laws 1985, c. 147, § 5, eff. July 1, 1985.

§44233.2.  Agreement with United States.

The Oklahoma Military Department, with the approval of the Governor, attested by the Secretary of State thereon, is hereby authorized and directed to enter into, in the name of the state, and to take all actions necessary to execute the terms of a National Guard armory building construction or expansion, rehabilitation or conversion of existing building agreements with the United States of America, by and through the Department of the Army or other representative federal agency, under the provisions of Public Law 783, 81st Congress, and amendments thereto, under which agreements the United States of America will contribute a sum not in excess of seventyfive percent (75%) and the state will contribute a sum not in excess of twentyfive percent (25%) of the cost of constructing, erecting and completing of each armory building constructed by virtue hereof or the expansion, rehabilitation, or conversion of existing armory buildings; and any money so granted by the United States of America, in carrying out the objects of Sections 232.1 through 232.5 of this title, shall be used and expended in accordance with the requirements of the Department of the Army or other representative federal agency; provided, that the state, in addition to such contribution of twentyfive percent (25%), shall pay without federal participation or contribution, such sums as are necessary for the purpose of providing workable public utility lines, connections and installations for each of such armory buildings; provided, further, that the Oklahoma Military Department may pay from funds heretofore or hereafter appropriated for the purposes of carrying out the provisions of Section 233.2 et seq. of this title, without federal participation, all such capital improvements, construction costs or expenses as may be reasonably and necessarily included in connection with such projects, where federal laws or regulations do not permit federal participation in payment of such capital improvements, construction costs or expenses and even though such capital improvements, construction costs or expenses exceed twentyfive percent (25%) of the total cost of the project.

Laws 1953, p. 177, § 2, eff. June 3, 1953; Laws 1955, p. 254, § 1, eff. March 18, 1955; Laws 1971, c. 216, § 1; Laws 1985, c. 147, § 1, eff. July 1, 1985.

§44233.3.  Construction contracts - Sale, disposition, demolition or transfer of property - Proceeds.

A.  The Oklahoma Military Department, with the approval of the Governor, attested by the Secretary of State thereon, is hereby authorized and directed to enter into contracts in the name of the State of Oklahoma for the purpose of carrying out the provisions of Section 233.2 et seq. of this title, provided that contracts for the construction, erection and completion of any armory buildings hereby authorized shall be awarded to the lowest and best bidder, approved by the Department of the Army or other representative federal agency, and that any contractor, to whom a contract may be awarded hereunder, shall execute with a qualified surety company, doing business in this state, as surety, bonds in such amounts and with such conditions as prescribed by law and by the Department of the Army or other representative federal agency.  Such bonds shall be upon a form with such conditions and in such amounts as may meet the requirements of the representative federal agency and in such further amounts as willfully protect and cover the construction contributions of the state.

B.  The Oklahoma Military Department shall from time to time, as the occasion therefore arises, determine whether any real estate, armory or building belonging to the State of Oklahoma and under the control of the Oklahoma Military Department is needed by the Oklahoma Military Department.  If the Adjutant General determines that there is no need, the Adjutant General shall so declare and sell or dispose of the same in such manner and upon such terms as approved by the Department of Central Services and the Governor.  If the Adjutant General determines that the structure endangers the public health or safety, the Adjutant General may, in the manner provided by law, order the immediate demolition of the structure.  If the Adjutant General determines that a municipality, county, state agency, or other public entity can use the real estate, armory, or building for a public purpose, the Adjutant General may transfer the property to the municipality, county, state agency, or other public entity.  For purposes of transferring real estate, armories, or buildings to a municipality, the Oklahoma Military Department shall be exempt from the Oklahoma Surplus Property Act for purposes of selling surplus property.  If the municipality, county, state agency, or other public entity does not use the real estate, armory, or building for public purposes, the property shall revert back to the Oklahoma Military Department on behalf of the State of Oklahoma.  Necessary deeds and other conveyances shall be executed by the Adjutant General in the name of the State of Oklahoma.

Proceeds of the sale or other disposition of such property shall be deposited in a revolving fund in the State Treasury designated as the Surplus Property Revolving Fund of the Oklahoma Military Department.  Monies deposited in such revolving fund may be expended by the Adjutant General, for construction, repairs, and maintenance, or equipment for facilities of the Oklahoma National Guard.  No new armory shall be constructed unless authorized by the Legislature.

Added by Laws 1953, p. 177, § 3, emerg. eff. June 3, 1953.  Amended by Laws 1985, c. 147, § 2, eff. July 1, 1985; Laws 2004, c. 138, § 1, eff. Nov. 1, 2004; Laws 2005, c. 130, § 4, eff. Nov. 1, 2005.

§44233.4.  Control, use and operation of buildings constructed.

Subject to limitations imposed by the United States of America as a condition precedent to its financial participation in the construction, erection and completion of such armory buildings, the control, use and operation thereof shall be that prescribed in Laws 1951, page 123, Sections 1, 2 and 3 and page 124, Sections 4, 5, 6 and 7 (Title 44, Sections 232.1 to 232.7, both inclusive, Oklahoma Statutes, 1951).

Laws 1953, p. 177, § 4, eff. June 3, 1953.

§44233.5.  Conveyance of sites by political subdivisions.

The governing body of any school district, town, city, county or any other political subdivision of state government is hereby authorized to convey to this state title or other adequate property interest to acceptable and suitable real estate under its control and proper jurisdiction as sites for the construction, erection and completion of armory buildings under this act, and any individual and any corporation is authorized to convey by deed to this state, any of his, her or its lands, situated in the state for such purpose and use; provided, each such conveyance shall be subject to acceptance by the Adjutant General, on behalf of the state, and provided further that the Adjutant General shall not accept any such deed unless the approval of the Governor of the acceptance be endorsed thereon, attested by the Secretary of State.  No state funds shall be paid or obligated for any such deed or other conveyance.  After such deed or other conveyance 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 armory buildings and appurtenances erected on such lands.

Laws 1953, p. 178, § 5, eff. June 3, 1953.

§44233.6.  Special Armory Construction Board abolished  Transfer of powers and duties, etc.

A.  The Special Armory Construction Board is hereby abolished, and the powers, duties and responsibilities exercised by such board pursuant to law are hereby transferred to the Oklahoma Military Department.  All unexpended funds, property, records, personnel and any outstanding financial obligations and encumbrances of such board are hereby transferred to the Oklahoma Military Department.

B.  The Director of State Finance is hereby directed to coordinate the transfer of funds, allotments, purchase orders, outstanding financial obligations or encumbrances provided for in this section.

Laws 1985, c. 147, § 3, eff. July 1, 1985.

§44233.7.  Oklahoma Military Department Revolving Fund.

There is hereby created in the State Treasury a revolving fund for the Oklahoma Military Department to be designated the "Oklahoma Military Department Revolving Fund".  The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of any monies received by the Oklahoma Military Department from the sale of surplus property, fees and receipts collected pursuant to the Oklahoma Open Records Act, interagency reimbursements, federal funds unless otherwise provided by federal law or regulation, gifts, bequests, contributions, devises, any other source, and the proceeds of property sold or otherwise disposed of pursuant to the provisions of subsection B of Section 233.3 of this title.  All monies accruing to the credit of said fund are hereby appropriated and may be budgeted and expended by the Oklahoma Military Department for construction, repairs, and maintenance, equipment for facilities of the Oklahoma National Guard, or for operating expenses of the Oklahoma Military Department.  Expenditures from said fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of State Finance for approval and payment.

Laws 1985, c. 147, § 4, eff. July 1, 1985; Laws 1986, c. 210, § 9, operative July 1, 1986.

§44233.8.  Petty cash fund.

There is hereby created a petty cash fund for the Oklahoma Military Department, the sum of which shall be determined as agreeable to the Oklahoma Military Department and the Director of State Finance.  The Director of State Finance shall prescribe the rules and procedures for the administration of this petty cash fund.

Laws 1989, c. 369, § 137, operative July 1, 1989; Laws 1990, c. 258, § 36, operative July 1, 1990.

§44-233.10.  Purchase of replacement commercial funds.

The Oklahoma Military Department is hereby authorized to purchase commercial vehicles to replace commercial vehicles deemed unserviceable by the Adjutant General from funds appropriated for maintenance operations or specially authorized and appropriated for this purpose.

Laws 1990, c. 258, § 37, operative July 1, 1990.

§44-233.11.  Contracts for professional services.

The Oklahoma Military Department is hereby authorized to enter into agreements and contracts with licensed individuals, partnerships, corporations or firms for professional services for the development of designs, plans, and specifications, and further, the construction, renovation, and remodeling of buildings, structures, or appurtenances deemed necessary and appropriate by the Adjutant General for the conduct of Oklahoma National Guard activities in accordance with rules and procedures for the administration of such professional services by the Office of Public Affairs.  Said contractual agreements shall not exceed One Hundred Seventy-five Thousand Dollars ($175,000.00) per year, exclusive of funds being specifically appropriated by the Legislature for specific projects of new construction, appropriated for this purpose or allocated from other operating, revolving or capital funds of the Oklahoma Military Department.

Laws 1990, c. 258, § 38, operative July 1, 1990.

§44-234.1.  Repealed by Laws 1983, c. 333, § 34, emerg. eff. June 29, 1983.

§44-234.2.  Repealed by Laws 1983, c. 333, § 34, emerg. eff. June 29, 1983.

§44235.  Creation of 45th Infantry Division Museum - Supervision - Location - Executive Director.

There is hereby created the 45th Infantry Division Museum, to be under the supervision of the Adjutant General.  The Adjutant General may appoint an Executive Director to oversee the daily operations and maintenance of the museum and perform other duties as requested by the Adjutant General.  Appropriate state agencies are directed to make available, for display of items of historical significance and necessary space for administration, the buildings presently occupied by the Oklahoma Military Department, located in the vicinity of 36th Street and North Eastern in Oklahoma City, Oklahoma.  The building herein referred to shall be made available by the Adjutant General as soon as same is no longer needed by and is vacated by the Oklahoma Military Department.  The Executive Director, subject to the approval of the Adjutant General, may lease to the 45th Infantry Division Association, for periods not exceeding one (1) year and with provisions for renewal from year to year, an area to be used as a gift shop, if the lease does not interfere with its use by the 45th Infantry Division Museum.  The proceeds of the sales from the gift shop shall remain with the 45th Infantry Division Association for operating purposes.

Added by Laws 1965, H.J.R. No. 546, p. 1233, § 235, emerg. eff. July 24, 1965.  Amended by Laws 1975, c. 70, § 1, emerg. eff. April 18, 1975; Laws 2004, c. 138, § 2, eff. Nov. 1, 2004.

§44-235.1.  45th Infantry Division Museum Fund.

There is hereby created in the State Treasury a special fund to be known as the "45th Infantry Division Museum Fund", which fund shall consist of donations received for operation and maintenance of the museum and monies received from the sale of Armed Forces Veterans Motorcycle License Plates pursuant to Section 1135.5 of Title 47 of the Oklahoma Statutes.  Said fund shall be a continuing fund not subject to fiscal year limitations and shall be under the administrative direction of the Oklahoma Military Department.  Expenditures from the fund created by this section shall be used exclusively for expenses of operation and maintenance of the 45th Infantry Division Museum and shall be made pursuant to the laws of this state and without legislative appropriation.  Warrants for expenditures from said fund shall be drawn by the State Treasurer, based on claims signed by an authorized employee of the department and approved for payment by the Director of State Finance.

Laws 1974, c. 224, § 5, emerg. eff. May 15, 1974; Laws 1979, c. 47, § 14, emerg. eff. April 9, 1979; Laws 2005, c. 416, § 8, eff. Nov. 1, 2005.

§44235.2.   Acceptance of gifts to the 45th Infantry Division Museum.

The Adjutant General of Oklahoma is hereby authorized to accept gifts for and on behalf of the state of military artifacts, military books and maps and materials, supplies and equipment which support the construction and operation of the museum which have been or may be specifically donated to the 45th Infantry Division Museum.

The Executive Director of the 45th Infantry Division Museum is directed to maintain and preserve appropriate records for all such gifts made to the museum.

Upon declaring that certain military artifacts or military books and maps belonging to the 45th Infantry Division Museum are surplus to the needs of the museum, the Executive Director of the 45th Infantry Division Museum is authorized to effect an exchange of the same on an equitable basis for military artifacts or military books and maps needed by the museum with the approval of the Department of Central Services.

Added by Laws 1981, c. 138, § 1, emerg. eff. May 5, 1981.  Amended by Laws 1983, c. 304, § 19, eff. July 1, 1983; Laws 2004, c. 138, § 3, eff. Nov. 1, 2004.

§44-236.  Certain real property acquisition in Pontotoc County.

The Oklahoma State Legislature hereby approves the acquisition, using federal funds only and no state general revenue funding, by the Oklahoma Military Department of buildings, appurtenances and properties situated in the County of Pontotoc, State of Oklahoma, more particularly described as:

A tract of land in the NE/4 SE/4 of Section 20, Township 4 North, Range 6 East, more particularly described as follows, to-wit:  Beginning at the Northeast corner of the SE/4 SE/4 of said Section 20; thence North a distance of 415 feet; thence West a distance of 210 feet; thence South a distance of 415 feet; thence East a distance of 210 feet to the point of beginning, containing 2 acres, more or less.

SUBSEQUENT TO July 20, 1984, 7:59 A.M.

A part of the SE/4 SE/4 of Section 20, Township 4 North, Range 6 East, more particularly described as follows, to-wit:  Beginning at the Northeast corner of said SE/4 SE/4 of said Section 20; thence South a distance of 276.86 feet; thence West a distance of 210 feet; thence North a distance of 276.86 feet; thence East a distance of 210 feet to the point of beginning.

SUBSEQUENT TO July 10, 1984, 7:59 A.M.

EXCEPT all mineral deeds and mineral grants, and all oil and gas leases, assignments and releases thereof, and all instruments of any kind or character relating or pertaining thereto, all of which instruments are omitted and excepted entirely from this Supplemental Abstract.

Added by Laws 1997, c. 410, § 26, eff. July 1, 1997.

§44-237.  Oklahoma National Guard Relief Program.

A.  The Military Department of the State of Oklahoma shall create the Oklahoma National Guard Relief Program.  This program is being created for the purpose of providing financial relief for approved expenses to qualified members of the Oklahoma National Guard.

B.  A review board shall be created for purposes of accepting applications for relief and distributing monies accrued to those members with qualifying expenses.  The board shall consist of:

1.  The Adjutant General;

2.  The Commanding Sergeant Major of the Army National Guard; and

3.  The Chief Master Sergeant of the Air National Guard.

C.  Procedures for meetings, qualifying expenses, approvals, and minimum criteria for accepting applications shall be developed by the review board.

Added by Laws 2005, c. 238, § 1, eff. Nov. 1, 2005.

§44241.  Governor authorized to organize, maintain, etc.  Uniform.

The Governor, pursuant to the authority granted the states by the Act of Congress of October 21, 1940, and under such regulations as the Secretary of Defense may prescribe for discipline in training, is hereby authorized to enlist, organize, maintain, equip and discipline such military forces other than the National Guard as he may deem necessary to defend the state.  Such forces shall be uniformed and subject to Sections 1 through 117, 192 through 195.8, 208 through 235.2, and 2101 through 3113 of this title unless in conflict with such sections.

Laws 1941, p. 170, § 1, emerg. eff. June 4, 1941; Laws 1985, c. 96, § 3, eff. Nov. 1, 1985.

§44242.  Designation  Composition  Distinct from National Guard  Place of service.

Such military forces shall be designated as the "Oklahoma State Guard" and shall be composed of officers commissioned or assigned, and such ablebodied male citizens of the state as shall volunteer for service therein.  They shall be additional to and distinct from the National Guard organized under existing law.  They shall not be required to serve outside the boundaries of this state.

Laws 1941, p. 170, § 2, emerg. eff. June 4, 1941.

§44243.  Rules and regulations  Arms and equipment  Drill and instruction  Similarity to National Guard  Compensation and allowances.

The Governor is hereby authorized to prescribe rules and regulations governing the enlistment, organization, administration, equipment, discipline and discharge of the personnel of such military forces; to requisition from the Secretary of Defense such arms and equipment as may be in the possession of and can be spared by the Department of Defense and to extend thereto the facilities of state armories and their equipment and such other state premises and property as may be available for the purpose of drill and instruction.  Insofar as applicable the procedure for the enlistment, organization, pay, maintenance, equipment and disciplining of such forces shall be in conformity with the law and the rules and regulations governing and pertaining to the National Guard; provided that the officers and enlisted men in the Oklahoma State Guard shall not receive any compensation or monetary allowances from the state except when called into active service by order of the Governor.

Laws 1941, p. 170, § 3, emerg. eff. June 4, 1941; Laws 1985, c. 96, § 4, eff. Nov. 1, 1985.

§44244.  Calling into military service of United States not authorized  No exemption from military service.

Nothing in this act shall be c