2013 Oklahoma Statutes
Title 72 - Soldiers and Sailors


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<html> <head> <STYLE type="text/css"> body {padding-left:90pt;width:612pt} p {margin-top:0pt;margin-bottom:0pt} .cls0 {font-size:12pt;font-family:'Courier New', monospace;} .cls2 {margin-left:100pt;} .cls3 {margin-left:28pt;} .cls1 {text-align:justify;} </STYLE> <title>&sect;72-1</title> </head> <body> <p><span class="cls0">&sect;72-1. Repealed by Laws 2013, c. 233, &sect; 5, eff. Nov. 1, 2013.&nbsp;</span></p> <p><span class="cls0">&sect;72-2. &ldquo;Ex-service person&rdquo; and "veteran" defined.&nbsp;</span></p> <p><span class="cls0">The words "ex-service person" or "veteran" used in this act shall be construed to mean such honorably discharged persons as served in any branch of the uniformed services of the United States.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1923, c. 136, p. 226, &sect; 2, emerg. eff. Feb. 8, 1923. Amended by Laws 1927, c. 75, p. 114, &sect; 2, emerg. eff. March 30, 1927; Laws 1943, p. 231, &sect; 1, emerg. eff. April 3, 1943; Laws 2013, c. 233, &sect; 1, eff. Nov. 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;723. Disabled exservicemen Judge of the district court Certificate Veterans' organization.&nbsp;</span></p> <p><span class="cls0">Before the provisions of this act shall be available to any person who has been honorably discharged from any branch of the military or naval services of the United States for honorable service during any war in which the United States participated as a belligerent, it shall be necessary that such person be disabled and the certificate of the judge of the district court provided for in Section 1 hereof, shall be issued to such person only upon recommendation of the executive committee of any post of a recognized veteran organization in the county where application is made therefor.&nbsp;</span></p> <p><span class="cls0">Laws 1927, c. 75, p. 114, &sect; 3, emerg. eff. March 30, 1927; Laws 1943, p. 232, &sect; 2, emerg. eff. April 3, 1943; Laws 1945, p. 366, &sect; 2, emerg. eff. May 5, 1945.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;72-4. Repealed by Laws 2013, c. 233, &sect; 5, eff. Nov. 1, 2013.&nbsp;</span></p> <p><span class="cls0">&sect;72-5. Veterans to whom provisions available.&nbsp;</span></p> <p><span class="cls0">The provisions of this act shall be available to any disabled person who served during World War II, or any State of National Emergency as declared by the President of the United States, in the military or naval forces of any nation allied or associated with the United States, provided that the person was at the time of enlisting in the military or naval forces a citizen of the United States and is a citizen of the United States at the time he or she applies for the benefit of this act.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1923, c. 136, p. 227, &sect; 4, emerg. eff. Feb. 8, 1923. Amended by Laws 1927, c. 75, p. 114, &sect; 5, emerg. eff. March 30, 1927; Laws 1943, p. 232, &sect; 3, emerg. eff. April 3, 1943; Laws 1951, p. 247, &sect; 1, emerg. eff. May 16, 1951; Laws 2013, c. 233, &sect; 2, eff. Nov. 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;726. Nontransferability of privileges Penalty.&nbsp;</span></p> <p><span class="cls0">The privileges granted by this act shall not be assignable or transferable to or used by any other person or persons except those persons to whom certificates have been issued as herein provided. Any person who violates any provision of this act shall be guilty of a misdemeanor and shall, upon conviction, be fined not less than Twenty Dollars ($20.00) nor more than Two Hundred Dollars ($200.00).&nbsp;</span></p> <p><span class="cls0">Laws 1923, c. 136, p. 227, &sect; 5, emerg. eff. Feb. 8, 1923; Laws 1927, c. 75, p. 115, &sect; 6, emerg. eff. March 30, 1927; Laws 1959, p. 349, &sect; 2, emerg. eff. April 15, 1959.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;72-6-1. Impersonating member or veteran of the United States Armed Forces - Punishment.&nbsp;</span></p> <p><span class="cls0">A. Any person who knowingly with intent to impersonate and with intent to deceive, misrepresents himself or herself as a member or veteran of the United States Armed Forces by wearing any decoration or medal authorized by the Congress of the United States for the Armed Forces of the United States, or any of the service medals or badges awarded to the members of such forces, or the ribbon, button, or rosette of any such badge, decoration or medal, or any colorable imitation thereof, except when authorized under regulations as authorized by the applicable federal law, shall be guilty of a misdemeanor and shall be fined One Hundred Dollars ($100.00) or be imprisoned in the county jail for a period of not more than six (6) months or both.&nbsp;</span></p> <p><span class="cls0">B. If a decoration or medal involved in an offense under subsection A of this section is a Congressional Medal of Honor, the offender shall upon conviction be guilty of a felony and fined an amount not to exceed Five Thousand Dollars ($5,000.00) or be imprisoned in the county jail for a period of not more than one (1) year, or both.&nbsp;</span></p> <p><span class="cls0">C. If a person presents any falsified or altered document as proof of service or authorization for decoration or medal, such person shall be guilty of a felony and fined an amount not to exceed Five Thousand Dollars ($5,000.00) or be imprisoned in the county jail for a period of not more than one (1) year.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2005, c. 360, &sect; 1, eff. Nov. 1, 2005.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;72-6-2. Wearing uniform of the United States Armed Forces or Public Health Service - Punishment.&nbsp;</span></p> <p><span class="cls0">Whoever, in any place within the jurisdiction of the State of Oklahoma, without authority as defined in the United States Code, wears the uniform or any distinctive part thereof or anything similar to a distinctive part of the uniform of any of the Armed Forces of the United States, Public Health Service or any auxiliary of such, with the intent to deceive by impersonating a member of the Armed Forces or a veteran, shall be guilty of a misdemeanor and fined an amount not to exceed One Thousand Dollars ($1,000.00) or be imprisoned in the county jail for a period of not more than one (1) year or both.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2005, c. 360, &sect; 2, eff. Nov. 1, 2005.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;72-6-3. Manufacture, reproduction, or sale of objects related to certain Veterans' organizations - Punishment.&nbsp;</span></p> <p><span class="cls0">A. Whoever knowingly manufactures, reproduces, sells or purchases for resale, either separately or on or appended to, any article of merchandise manufactured or sold, any badge, medal, emblem, or other insignia or any colorable imitation thereof, of any veterans&rsquo; organization incorporated by enactment of the Congress of the United States, or of any organization formally recognized by any such veterans&rsquo; organization as an auxiliary of such veterans&rsquo; organization, or knowingly prints, lithographs, engraves or otherwise reproduces on any poster, circular, periodical, magazine, newspaper, or other publication, or circulates or distributes any such printed matter bearing a reproduction of such badge, medal, emblem, or other insignia or any colorable imitation thereof, except when authorized under rules and regulations prescribed by any such organization, shall be guilty of a misdemeanor and fined an amount not to exceed Five Hundred Dollars ($500.00) or be imprisoned in the county jail for a period of not more than one (1) year or both.&nbsp;</span></p> <p><span class="cls0">B. As used in subsection A of this section, &ldquo;sells&rdquo; includes trades, barters, or exchanges anything of value.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2005, c. 360, &sect; 3, eff. Nov. 1, 2005.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;72-7. State-operated parks and museum admission.&nbsp;</span></p> <p><span class="cls0">All honorably discharged veterans who are currently Oklahoma residents shall be allowed free admission to all state-owned or state&ndash;operated parks and museums. A valid Oklahoma driver license or state photo identification card and military discharge papers (DD Form 214) or similar evidence of an honorable discharge from the United States Armed Forces shall be required for free admission.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2008, c. 363, &sect; 1, eff. Nov. 1, 2008.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;72-21. Repealed by Laws 2013, c. 233, &sect; 5, eff. Nov. 1, 2013.&nbsp;</span></p> <p><span class="cls0">&sect;7222. Duties of county clerk Violation a misdemeanor.&nbsp;</span></p> <p><span class="cls0">All recording of said discharges shall be done by the clerical force in the county clerk's office, without charge and shall also furnish certified copies of said discharges without charge, and any clerk or other person who makes any charge for such service shall be guilty of a misdemeanor.&nbsp;</span></p> <p><span class="cls0">Laws 1919, c. 94, p. 147, &sect; 2, emerg. eff. April 2, 1919.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;7223. Copies of records Court clerks Judges of the district courts Registrar of vital statistics.&nbsp;</span></p> <p><span class="cls0">The court clerks and judges of the district courts of the several counties of this state, and the Registrar of the Bureau of Vital Statistics of this state, when requested so to do by any member of the armed forces of the United States, those serving during World War II, or by their dependents or by any person in behalf of such enlisted members or their dependents, or by any honorably discharged person who served in any branch of the military or naval forces of the United States during any war in which the United States participated as a belligerent, or by the dependents of such honorably discharged persons, or by any person in their behalf, or by the Commissioner of Pensions of the United States, or by the Director of the United States Veterans' Bureau, or Regional Manager of any Regional office of the United States Veterans' Bureau, shall furnish, without charge or fee therefor, duly certified copies of any decree of divorce, marriage license, certificate of marriage, birth certificate, certificate of death, order appointing administrator or guardian, letters of administration or guardianship, bond of administrator or guardian, order discharging administrator or guardian, or other judgment, decree or document required by law or by any rule or regulation of the Bureau of Pensions or the United States Veterans' Bureau to be furnished as evidence to establish a claim on behalf of those persons enumerated above, for issuance of a birth certificate, pension, compensation, family allowance, bonus, or other money or moneys claimed to be due and payable by or through said Bureau of Pensions or United States Veterans' Bureau.&nbsp;</span></p> <p><span class="cls0">Laws 1927, c. 20, p. 20, &sect; 1, emerg. eff. April 6, 1927; Laws 1943, p. 232, &sect; 1, emerg. eff. March 30, 1943.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;72-31. Repealed by Laws 2013, c. 233, &sect; 5, eff. Nov. 1, 2013.&nbsp;</span></p> <p><span class="cls0">&sect;72-32. Repealed by Laws 2013, c. 233, &sect; 5, eff. Nov. 1, 2013.&nbsp;</span></p> <p><span class="cls0">&sect;72-33. Repealed by Laws 2013, c. 233, &sect; 5, eff. Nov. 1, 2013.&nbsp;</span></p> <p><span class="cls0">&sect;72-41. Repealed by Laws 2013, c. 233, &sect; 5, eff. Nov. 1, 2013.&nbsp;</span></p> <p><span class="cls0">&sect;72-46. Repealed by Laws 1991, c. 13, &sect; 4, emerg. eff. March 25, 1991.&nbsp;</span></p> <p><span class="cls0">&sect;7247. Private employment Restoration to position or employment at expiration of military service.&nbsp;</span></p> <p><span class="cls0">If a person was in the employment of any private employer, firm, company, partnership or corporation, it is hereby declared to be the sense of the Legislature that such person, upon the expiration of the person's period of active duty in the military service of the United States, be restored to the position or employment in which the person was engaged at the time of being ordered into the active military service of the United States pursuant to the provisions of the federal Uniformed Services Employment and Reemployment Rights Act of 1994, Title 38, Chapter 43 of the United States Code.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1941, p. 438, &sect; 2, emerg. eff. May 12, 1941. Amended by Laws 2002, c. 396, &sect; 2, emerg. eff. June 5, 2002.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;72-48. Leave of absence during active or inactive duty or service - Public employees.&nbsp;</span></p> <p><span class="cls0">All officers and employees of the state or a political subdivision thereof who are members, either officers or enlisted, of the National Guard or any branch of the United States Military or its reserve components, shall, when ordered by the proper authority to active or inactive duty or service, be entitled to a leave of absence from such civilian employment for the period of such service without loss of status or seniority. During the first thirty (30) calendar days for employees of political subdivisions or the first thirty (30) regularly scheduled work days for state employees of such 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 such leave of absence in any federal fiscal year, the employing state agency or political subdivision may elect to pay the officer or employee an amount equal to the difference between their full regular pay from the employing state agency or political subdivision and their military pay, except that state officers and employees shall receive the difference between their full regular pay and their Reserve Components pay when they are ordered by proper authority to active or inactive service retroactive to the date that the 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.&nbsp;</span></p> <p><span class="cls0">The Office of Management and Enterprise Services shall promulgate rules as necessary to implement the provisions of this section that relate to state employees.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1947, p. 302, &sect; 1, emerg. eff. May 16, 1947. Amended by Laws 1973, c. 275, &sect; 2, emerg. eff. May 30, 1973; Laws 1988, c. 31, &sect; 2, eff. Oct. 1, 1988; Laws 1991, c. 13, &sect; 3, emerg. eff. March 25, 1991; Laws 1991, c. 232, &sect; 6, emerg. eff. May 24, 1991; Laws 1992, c. 164, &sect; 1, emerg. eff. May 5, 1992; Laws 1994, c. 94, &sect; 3, eff. July 1, 1994; Laws 2002, c. 396, &sect; 3, emerg. eff. June 5, 2002; Laws 2003, c. 212, &sect; 5, eff. July 1, 2003; Laws 2006, c. 179, &sect; 1, emerg. eff. May 23, 2006; Laws 2012, c. 304, &sect; 645.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;72-48.1. Leave of absence during active service - Private sector employees.&nbsp;</span></p> <p><span class="cls0">All officers and employees of any employer in the private sector, who are members, either officers or enlisted, of the Reserve Components, to include the Army and Air National Guard and the Army, Navy, Air Force, Marine Corps, and Coast Guard Reserves, or any other component of the Armed Forces of the United States, shall, when ordered by the proper authority to active or inactive duty or service, be entitled to a leave of absence from such private civilian employment for the period of such service without loss of status or seniority. During such leave of absence in any federal fiscal year, the employer in the private sector may elect to pay the officer or employee an amount equal to the difference between his full regular pay from the employer in the private sector and his military pay. The durational limit of protected military service as provided for in this section shall not be less than that provided by federal law.&nbsp;</span></p> <p><span class="cls0">If any employer in the private sector fails to comply with the provisions of this section, the officer or employee may bring an action in district court for actual and compensatory damages for such noncompliance and may be granted such relief as is just and proper under the circumstances.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1994, c. 94, &sect; 4, eff. July 1, 1994.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;72-48.2. Extension of professional license during active duty.&nbsp;</span></p> <p><span class="cls0">A. As used in this section, &ldquo;license&rdquo; means any license issued pursuant to:&nbsp;</span></p> <p><span class="cls0">1. Title 59, Professions and Occupations; and&nbsp;</span></p> <p><span class="cls0">2. Title 5, Attorneys and State Bar.&nbsp;</span></p> <p><span class="cls0">B. Any license held by a member of the National Guard or reserve component of the armed forces that expires while the member is on active duty shall be extended until ninety (90) days after the member is discharged from active duty status.&nbsp;</span></p> <p><span class="cls0">C. The licensing agency shall renew a license extended pursuant to subsection B until the next date that the license expires or for the period that the license is normally issued, at no cost to the member of the National Guard or reserve component of the armed forces if all of the following conditions are met:&nbsp;</span></p> <p><span class="cls0">1. The National Guard member or reservist requests renewal of the license within ninety (90) days after being discharged;&nbsp;</span></p> <p><span class="cls0">2. The National Guard member or reservist provides the licensing agency with a copy of the official orders of the member or reservist calling the member or reservist to active duty, and official orders discharging the member or reservist from active duty; and&nbsp;</span></p> <p><span class="cls0">3. The National Guard member or reservist meets all the requirements necessary for the renewal of the license, except the member or reservist need not meet the requirements, if any, that relate to continuing education or training.&nbsp;</span></p> <p><span class="cls0">D. The provisions of this section do not apply to regularly scheduled annual training.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2005, c. 130, &sect; 5, eff. Nov. 1, 2005.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;72-49. Repealed by Laws 1947, p. 578, &sect; 2, emerg. eff. May 16, 1947.&nbsp;</span></p> <p><span class="cls0">&sect;7249.1. Removal of disability of minority.&nbsp;</span></p> <p><span class="cls0">The disability of minority of any person otherwise eligible for guaranty of a loan pursuant to the "Servicemen's Readjustment Act of 1944", 78th Congress, as amended, and of the spouse of such person, is hereby removed for the purposes of enabling such persons to enter into valid contracts for the acquiring or encumbering, or selling and conveying property and the incurring of indebtedness or obligations incident to either or both, or the refinancing thereof, and litigating or settling controversies arising therefrom, if all or part of the obligations or indebtedness incident to such transaction are or ultimately may be guaranteed by the administrator of veteran's affairs pursuant to such act and an application signed by such minor; and for the purpose of entering into any contract with the State of Oklahoma or any political subdivision thereof or municipal corporation therein, or the United States Government or any agency thereof; provided nevertheless, that this section shall not be construed to impose any other or greater rights or liabilities than would exist if such person and such spouse were each at least eighteen (18) years of age.&nbsp;</span></p> <p><span class="cls0">Laws 1947, p. 578, &sect; 1, emerg. eff. May 16, 1947; Laws 1972, c. 221, &sect; 8, eff. Aug. 1, 1972.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;7250.1. Powers of military officers.&nbsp;</span></p> <p><span class="cls0">For the purposes as set forth in this act, military officers, as designated herein, shall have the same power and authority to administer oaths and affirmations, and take depositions, affidavits and acknowledgments of persons in the military, naval, or other armed services of the United States, as officers now authorized by the laws of this state for like purposes.&nbsp;</span></p> <p><span class="cls0">Laws 1944, Ex. Sess., p. 22, &sect; 1, emerg. eff. April 24, 1944.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;7250.2. Rank of officer Spouse's acknowledgment Authentication Acknowledgment before notary.&nbsp;</span></p> <p><span class="cls0">The deed of any person, for the conveyance of real estate within this state, or for any other purpose, powers of attorneys, and other instruments requiring acknowledgments or the taking and subscribing of oaths, may, if such person is engaged in the military service of the United States, be acknowledged before any officer in said service of the rank of Sergeant or higher, and, if such person is engaged in the naval service of the United States, before any officer of the rank of Petty Officer or higher, and, if such person is engaged in any other armed service of the United States, before any officer of a rank corresponding to those mentioned above; and such deeds, powers of attorneys, and other instruments so acknowledged shall be accepted and recorded in this state in the same manner as if taken before any officer now authorized by the laws of this state to take such acknowledgments. Provided further, that if the acknowledgment of any person herein be of such a nature as to require a joint or separate acknowledgment of his or her spouse, the officers designated herein shall have power to take the acknowledgment of such spouse, and instruments upon which such acknowledgments appear shall be entitled to recording under the laws of this state. No authentication of an officer's certificate of acknowledgment shall be required, but the officer taking the acknowledgment or subscription shall sign his name and set forth his rank or title and branch of service, and such statement by said officer as to his rank, title and branch of service, and his home address, shall be prima facie evidence thereof. Nothing herein shall be construed as preventing any person named herein from acknowledging instruments before a notary public or other officer of this or any other state or foreign country whose acknowledgments are recognized for the purpose of recording under the laws of this state.&nbsp;</span></p> <p><span class="cls0">Laws 1944, Ex. Sess., p. 22, &sect; 2, emerg. eff. April 24, 1944.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;72-50.3. Repealed by Laws 2013, c. 233, &sect; 5, eff. Nov. 1, 2013.&nbsp;</span></p> <p><span class="cls0">&sect;72-50.4. Repealed by Laws 1989, c. 154, &sect; 2, operative July 1, 1989.&nbsp;</span></p> <p><span class="cls0">&sect;72-50.11. Repealed by Laws 2013, c. 233, &sect; 5, eff. Nov. 1, 2013.&nbsp;</span></p> <p><span class="cls0">&sect;7250.21. Qualifications of recipients.&nbsp;</span></p> <p><span class="cls0">Any person having the following qualifications is hereby authorized to apply for, receive, and display a certain badge or medal, to be known as "The Oklahoma Cross of Valor":&nbsp;</span></p> <p><span class="cls0">(1) Was a resident of Oklahoma at the time of entering the military service of the United States;&nbsp;</span></p> <p><span class="cls0">(2) The military service referred to in (1) above, was performed during either World War II, the Korean Conflict or the Republic of Vietnam Conflict, or during any period of time in which the United States participated in a war, campaign or battle;&nbsp;</span></p> <p><span class="cls0">(3) Was made and officially listed as captive by the enemy during the service mentioned in (2) above; and&nbsp;</span></p> <p><span class="cls0">(4) Was honorably discharged from the military service.&nbsp;</span></p> <p><span class="cls0">Laws 1953, p. 401, &sect; 1, emerg. eff. May 12, 1953; Laws 1973, c. 120, &sect; 1, emerg. eff. May 4, 1973; Laws 1991, c. 205, &sect; 1, emerg. eff. May 17, 1991.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;72-50.22. Procedure for applications and approval.&nbsp;</span></p> <p><span class="cls0">The Governor shall fix the procedure in applying for and issuing of the medal; the Governor shall fix the manner and method of approving applications or recommendations for the award.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1953, p. 401, &sect; 2, emerg. eff. May 12, 1953. Amended by Laws 2013, c. 233, &sect; 3, eff. Nov. 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;7250.23. Design Payment of cost.&nbsp;</span></p> <p><span class="cls0">The Governor shall fix, or cause to be fixed, the character and design of the medal herein referred to; provided any such design shall include the words stamped or raised thereon, "Oklahoma Cross of Valor"; provided further, the Governor is hereby authorized to expend, from the Governor's contingency fund, any monies for the cost of said medals or badges.&nbsp;</span></p> <p><span class="cls0">Laws 1953, p. 401, &sect; 3, emerg. eff. May 12, 1953.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;72-50.24. Korean Conflict Medallion Program.&nbsp;</span></p> <p><span class="cls0">A. There is hereby created the &ldquo;Korean Conflict Medallion Program&rdquo;.&nbsp;</span></p> <p><span class="cls0">B. The Oklahoma Korean Conflict Medallion award shall consist of a medallion, medal, and certificate of appreciation. A veteran shall be eligible for the award if the veteran:&nbsp;</span></p> <p><span class="cls0">1. Was a resident of Oklahoma at the time of entering the military service of the United States;&nbsp;</span></p> <p><span class="cls0">2. Served in active duty in the United States Military at any time beginning June 27, 1950, through January 31, 1955; and&nbsp;</span></p> <p><span class="cls0">3. Was honorably separated or discharged from military service, still in active service in an honorable status, or was in active service at the time of his or her death.&nbsp;</span></p> <p><span class="cls0">C. The Oklahoma Korean Conflict Medallion award shall be awarded regardless of whether or not such veteran served within the United States or in a foreign country. The award shall be awarded regardless of whether or not such veteran was under eighteen (18) years of age at the time of enlistment. For purposes of this section, &ldquo;veteran&rdquo; means any person defined as a veteran by the United States Department of Veterans Affairs or its successor agency.&nbsp;</span></p> <p><span class="cls0">D. The Oklahoma Department of Veterans Affairs shall administer the Korean Conflict Medallion Program and set the procedures for awarding the medallion, medal and certificate.&nbsp;</span></p> <p><span class="cls0">E. In order to create statewide involvement in the design of the award in recognition of this historic endeavor, the Governor shall solicit potential designs from elementary and secondary schools, veterans&rsquo; groups, and any other interested parties, provided any such design shall include the words &ldquo;Oklahoma Korean Conflict Medallion&rdquo;. The Oklahoma Department of Veterans Affairs is authorized to expend any monies appropriated to the Oklahoma Department of Veterans Affairs for the cost of such medals, medallions and certificates, subject to the availability of the funds.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2004, c. 473, &sect; 1, eff. July 1, 2004.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;72-50.25. Oklahoma Legislative Medal of Honor.&nbsp;</span></p> <p><span class="cls0">A. The Oklahoma Legislative Medal of Honor shall be awarded to a member of the state or federal military forces designated by concurrent resolution of the Legislature who voluntarily performs a deed of personal bravery or self-sacrifice involving risk of life that is so conspicuous as to clearly distinguish the person for gallantry and intrepidity above the person&rsquo;s comrades. The medal shall be awarded based on the standard of extraordinary merit. The medal shall be awarded only on incontestable proof of performance of the deed. To be eligible for the Oklahoma Legislative Medal of Honor, a person shall:&nbsp;</span></p> <p><span class="cls0">1. Have been born in this state;&nbsp;</span></p> <p><span class="cls0">2. Reside in this state or have been a resident of this state on the person&rsquo;s death; or&nbsp;</span></p> <p><span class="cls0">3. Have been a resident of this state when the person entered military service.&nbsp;</span></p> <p><span class="cls0">B. A person is not ineligible for the Oklahoma Legislative Medal of Honor because the person has received any other medal or award for military service, including a medal or award made by the United States. &nbsp;</span></p> <p><span class="cls0">C. To receive the Oklahoma Legislative Medal of Honor, a person shall be nominated during a regular session of the Legislature by majority vote of all the members of a nominating committee consisting of:&nbsp;</span></p> <p><span class="cls0">1. The Adjutant General or the Adjutant General&rsquo;s designated representative;&nbsp;</span></p> <p><span class="cls0">2. The Lieutenant Governor or the Lieutenant Governor&rsquo;s designated representative;&nbsp;</span></p> <p><span class="cls0">3. The Speaker of the House of Representatives or the Speaker&rsquo;s designated representative; &nbsp;</span></p> <p><span class="cls0">4. The President Pro Tempore of the Senate or the President Pro Tempore&rsquo;s designated representative;&nbsp;</span></p> <p><span class="cls0">5. The chair of the standing committee of each house of the Legislature with primary jurisdiction over military and veteran affairs; and&nbsp;</span></p> <p><span class="cls0">6. The Oklahoma Director of the Department of Veterans Affairs.&nbsp;</span></p> <p><span class="cls0">D. The Department of Veterans Affairs shall design the medallion and ribbon for the Oklahoma Legislative Medal of Honor.&nbsp;</span></p> <p><span class="cls0">E. The Legislature by concurrent resolution may direct the Governor to award the Oklahoma Legislative Medal of Honor to a person nominated by the nominating committee. The committee chairs serving on the nominating committee shall jointly prepare a concurrent resolution directing the Governor to award the medal to a person nominated. The Legislature shall direct the medal to be awarded only during a regular session and shall not direct the medal to be awarded to more than one person during a regular session.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2008, c. 68, &sect; 1, eff. Nov. 1, 2008.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;72-50.26. Oklahoma Gold Star Medal.&nbsp;</span></p> <p><span class="cls0">A. The Oklahoma Gold Star Medal shall be awarded to a member of the state or federal military forces who voluntarily performed a deed of personal bravery or self-sacrifice during combat after September 11, 2001, that resulted in his or her loss of life.&nbsp;</span></p> <p><span class="cls0">B. The Oklahoma Gold Star Medal shall be awarded based on the standard of extraordinary merit. The medal shall be awarded only on incontestable proof.&nbsp;</span></p> <p><span class="cls0">C. To be eligible for the Oklahoma Gold Star Medal, a person shall have been:&nbsp;</span></p> <p><span class="cls0">1. Born in this state, a resident of this state on the person's death, or a resident of this state when the person entered military service; and&nbsp;</span></p> <p><span class="cls0">2. Killed in the line of duty in a combat zone or died of wounds inflicted in a combat zone.&nbsp;</span></p> <p><span class="cls0">D. A person shall not be ineligible for the Oklahoma Gold Star Medal because the person received any other medal or award for military service, including a medal or award made by the United States.&nbsp;</span></p> <p><span class="cls0">E. To receive the Oklahoma Gold Star Medal, a person shall be nominated by a member of the Oklahoma Legislature and approved by the Adjutant General.&nbsp;</span></p> <p><span class="cls0">F. Pursuant to Section 192 of Title 44 of the Oklahoma Statutes, the Adjutant General shall design the medallion and ribbon for the Oklahoma Gold Star Medal and shall be responsible for awarding the medal to persons who have been approved by the Adjutant General pursuant to subsection E of this section.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2012, c. 272, &sect; 1, eff. Nov. 1, 2012.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;72-50.31. Repealed by Laws 1968, c. 102, &sect; 2, eff. April 1, 1968.&nbsp;</span></p> <p><span class="cls0">&sect;72-50.41. Repealed by Laws 1975, c. 7, &sect; 1, emerg. eff. Feb. 7, 1975.&nbsp;</span></p> <p><span class="cls0">&sect;72-50.42. Repealed by Laws 1975, c. 7, &sect; 1, emerg. eff. Feb. 7, 1975.&nbsp;</span></p> <p><span class="cls0">&sect;72-51. Repealed by Laws 1947, p. 580, &sect; 4.&nbsp;</span></p> <p><span class="cls0">&sect;72-52. Repealed by Laws 1947, p. 580, &sect; 4.&nbsp;</span></p> <p><span class="cls0">&sect;72-53. Repealed by Laws 1947, p. 580, &sect; 4.&nbsp;</span></p> <p><span class="cls0">&sect;72-53.1. Repealed by Laws 1947, p. 580, &sect; 4.&nbsp;</span></p> <p><span class="cls0">&sect;72-54. Repealed by Laws 1953, p. 403, &sect; 6, emerg. eff. Feb. 19, 1953; Laws 1955, p. 458, &sect; 6, emerg. eff. May 6, 1955.&nbsp;</span></p> <p><span class="cls0">&sect;72-54.1. Repealed by Laws 1979, c. 30, &sect; 164, emerg. eff. April 6, 1979.&nbsp;</span></p> <p><span class="cls0">&sect;72-54.2. Repealed by Laws 1979, c. 47, &sect; 109, emerg. eff. April 9, 1979.&nbsp;</span></p> <p><span class="cls0">&sect;72-55. Soldiers' Memorial Hospital - Selection of site - Erection of building - Designation of hospital.&nbsp;</span></p> <p><span class="cls0">Said Commission is hereby authorized and directed to select a site for a general hospital and vocational training building and to accept in the name of the state a grant or conveyance in fee simple of suitable site. Said Commission is hereby authorized and directed to erect and establish a permanent General Hospital, provided that said hospital shall contain not less than five hundred (500) beds. Said hospital shall be known as the Oklahoma Soldiers' Memorial Hospital.&nbsp;</span></p> <p><span class="cls0">Laws 1921, c. 223, p. 251, &sect; 3, emerg. eff. May 21, 1921.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;72-56. Lease of Hospital - Construction and maintenance.&nbsp;</span></p> <p><span class="cls0">The Commission for the Oklahoma Memorial Hospital may enter into negotiation and make any agreement with the accredited representatives of the United States for the purpose of renting or leasing any or all of said Soldiers' Memorial Hospital for such time and for such terms as in the judgment of the said Commission they deem proper. Said hospital shall be constructed and maintained under the direction of the Commission created under Section One hereof. Contracts may be let and money expended in the construction of said hospital, including money spent for the purpose of installing and constructing a spur track to an amount not exceeding Five Hundred Thousand Dollars ($500,000.00). The work of construction shall be expedited and shall proceed as rapidly as possible under such rules and regulations as may be promulgated by said Commission. The work of construction shall be done pursuant to drawings, designs, plans and specifications prepared under the direction of the Commission created by Section One of this act. Said Commission shall have the power to employ suitable architects, engineers and other experts necessary and proper for the execution of said plans, and for the further purpose of advising the Commission on technical matters; said Commission shall also have the power to employ necessary clerical help, and to have made such soil, surface, test pits, test borings and the like as may be necessary and proper.&nbsp;</span></p> <p><span class="cls0">The Commission shall advertise in at least one daily newspaper of general circulation in this state for a period of at least two (2) weeks, for bids and shall let the contract to the lowest responsible and reputable bidder. Successful bidder shall give surety bond to the State of Oklahoma for the contract price, for the satisfactory and full performance of their contract.&nbsp;</span></p> <p><span class="cls0">Laws 1921, c. 223, p. 252, &sect; 4, emerg. eff. May 21, 1921.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;72-57. Repealed by Laws 1961, p. 587, &sect; 1.&nbsp;</span></p> <p><span class="cls0">&sect;72-58. Repealed by Laws 1947, p. 580, &sect; 4, emerg. eff. April 24, 1947.&nbsp;</span></p> <p><span class="cls0">&sect;72-59. Repealed by Laws 1981, c. 254, &sect; 15, operative July 1, 1981.&nbsp;</span></p> <p><span class="cls0">&sect;72-60. Repealed by Laws 1953, p. 403, &sect; 6, emerg. eff. Feb. 19, 1953; Laws 1955, p. 458, &sect; 6, emerg. eff. May 6, 1955.&nbsp;</span></p> <p><span class="cls0">&sect;72-61.1. Repealed by Laws 1981, c. 254, &sect; 15, operative July 1, 1981.&nbsp;</span></p> <p><span class="cls0">&sect;72-61.2. Repealed by Laws 1981, c. 254, &sect; 15, operative July 1, 1981.&nbsp;</span></p> <p><span class="cls0">&sect;72-61.3. Repealed by Laws 1979, c. 30, &sect; 164, emerg. eff. April 6, 1979.&nbsp;</span></p> <p><span class="cls0">&sect;72-61.4. Repealed by Laws 1979, c. 47, &sect; 109, emerg. eff. April 9, 1979.&nbsp;</span></p> <p><span class="cls0">&sect;72-61.5. Repealed by Laws 1981, c. 254, &sect; 15, operative July 1, 1981.&nbsp;</span></p> <p><span class="cls0">&sect;7263.1. Commission and Department created Cabinetlevel status Composition Administration.&nbsp;</span></p> <p><span class="cls0">There is hereby created the War Veterans Commission of Oklahoma, and the Oklahoma Department of Veterans Affairs, which shall be a cabinetlevel department pursuant to the provisions of Section 10.3 of Title 74 of the Oklahoma Statutes. The Department shall consist of a departmental headquarters and such Veterans Centers as are operated by the Department. The Department shall be administered under such rules, regulations and policies as may be prescribed by the War Veterans Commission. All reference in any law of this state referring to or naming the Soldiers Relief Commission shall be construed to refer to and name the War Veterans Commission of Oklahoma.&nbsp;</span></p> <p><span class="cls0">Laws 1947, p. 578, &sect; 1, emerg. eff. April 24, 1947; Laws 1969, c. 184, &sect; 1; Laws 1981, c. 169, &sect; 1, emerg. eff. May 13, 1981; Laws 1989, c. 27, &sect; 1, operative July 1, 1989.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;7263.2. Members of Commission Filing copy of audit by veterans' organizations.&nbsp;</span></p> <p><span class="cls0">The War Veterans Commission of Oklahoma shall consist of nine (9) members. Members shall be honorably discharged veterans of any war or conflict in which the United States participated as a belligerent provided three of the members shall be veterans of the Vietnam Conflict. The members shall be selected in the following manner: The state executive board or committees of the veterans' organizations in Oklahoma who have had accredited representatives at the Veterans Administration Regional Office in Oklahoma for at least ten (10) previous consecutive years shall each submit to the Governor of Oklahoma a list of ten persons qualified to serve as members of the War Veterans Commission of Oklahoma. Said list shall be submitted to the Governor not later than one (1) month prior to the expiration of the terms of office of the members of the War Veterans Commission. The Governor shall name four members of the War Veterans Commission from lists submitted by the American Legion, three members of the War Veterans Commission from the lists submitted by the Veterans of Foreign Wars and two members of the War Veterans Commission from lists submitted by the Disabled American Veterans. Provided, that only those veterans' organizations recognized to present claims before the Veterans Administration, or its successor, and maintaining a headquarters within the State of Oklahoma shall be eligible to submit a list of names to the Governor as provided above.&nbsp;</span></p> <p><span class="cls0">The executive officer of each veterans' organization operating within the State of Oklahoma shall on or before January 1 of each year submit to the Secretary of State a copy of the annual audit of the organization for the immediate preceding fiscal year of the organization. Such audit shall clearly show the total paid membership of the organization and shall be certified to by a certified public accountant. The members of the Commission shall be appointed by the Governor with advice and consent of the Senate. Each organization qualifying for membership on the Oklahoma State War Veterans Commission shall submit a list of ten names to the Governor to choose from when a vacancy on the War Veterans Commission occurs.&nbsp;</span></p> <p><span class="cls0">Before any member appointed as provided herein shall enter upon his duties as a member of the Commission he shall take and subscribe to the oath of office as required by the Constitution of this state.&nbsp;</span></p> <p><span class="cls0">&nbsp;&nbsp;Present members of the Commission shall continue in office until the expiration of their terms and until their successors are appointed and enter upon the duties of their offices. Appointments shall be made for a threeyear period. Any vacancy on the Commission resulting from any cause shall be filled by appointment by the Governor for the remainder of the term as provided in this section.&nbsp;</span></p> <p><span class="cls0">Laws 1947, p. 579, &sect; 2, emerg. eff. April 24, 1947; Laws 1970, c. 100, &sect; 1, emerg. eff. March 30, 1970; Laws 1970, c. 142, &sect; 1, emerg. eff. April 7, 1970; Laws 1970, c. 254, &sect; 6, emerg. eff. April 21, 1970; Laws 1976, c. 10, &sect; 1, emerg. eff. Feb. 16, 1976; Laws 1981, c. 169, &sect; 2, emerg. eff. May 13, 1981; Laws 1985, c. 295, &sect; 3, emerg. eff. July 24, 1985.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;7263.3. Powers and duties of Commission Travel expenses.&nbsp;</span></p> <p><span class="cls0">The War Veterans Commission shall perform all acts necessary or proper to afford emergency, temporary and permanent relief and assistance to all honorably discharged exservice persons of all wars of the United States of America and to their dependents, and shall perform such other duties as may be prescribed by law. The Commission is authorized to promulgate rules and regulations, in accordance with the Administrative Procedures Act, for the operation and maintenance of the Department of Veterans Affairs; provided, however, in all cases priority and preference shall always be given to disabled or diseased exservice persons. The members of said Commission shall be reimbursed for necessary travel as provided in the State Travel Reimbursement Act. In addition to its other powers and duties as herein provided, the Commission shall have the following specific powers and duties which shall, however, not be deemed to be exclusive:&nbsp;</span></p> <p><span class="cls0">1. To organize itself by the election of a Chairman, Vice Chairman and Secretary, who shall perform the duties required of them by the rules and regulations, but shall receive no extra compensation therefor, and to provide for the time and place of meetings of the Commission;&nbsp;</span></p> <p><span class="cls0">2. To appoint the Director of the Department of Veterans Affairs and provide for the employment of all such other personnel as may be necessary to carry out the provisions of Sections 63.1 through 63.4 of this title, and any other duties prescribed by law. The salary and tenure of the Director of the Department shall be determined by the Commission; and&nbsp;</span></p> <p><span class="cls0">3. To approve all claims or expenditures from such appropriations as may be made to the Commission prior to the payment thereof except as may be otherwise provided by law.&nbsp;</span></p> <p><span class="cls0">Laws 1974, p. 580, &sect; 3, emerg. eff. April 24, 1947; Laws 1979, c. 5, &sect; 1, operative July 1, 1979; Laws 1981, c. 169, &sect; 3, emerg. eff. May 13, 1981; Laws 1985, c. 178, &sect; 67, operative July 1, 1985.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;7263.4. Partial invalidity.&nbsp;</span></p> <p><span class="cls0">It is the intention of the Legislature to enact each and every part of this act and if any section, paragraph, sentence, item or clause of this act shall for any reason be held unconstitutional, such decision shall not affect the validity of the remaining portions of this act.&nbsp;</span></p> <p><span class="cls0">Laws 1947, p. 580, &sect; 5, emerg. eff. April 24, 1947.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;7263.5. Collections from patients and members for care and maintenance.&nbsp;</span></p> <p><span class="cls0">The War Veterans Commission is hereby authorized to make collections from eligible patients and members for care and maintenance. Payments shall be established in the following manner:&nbsp;</span></p> <p><span class="cls0">1. All sources of personal income, except wages of a working spouse, except as provided in this section, shall be considered when computing care and maintenance charges, including pensions and awards for aid and attendance from the Veterans Administration;&nbsp;</span></p> <p><span class="cls0">2. Care and maintenance charges shall be computed in a manner to maximize the Veterans Administration pension and compensation benefits to which the veteran is entitled and shall allow a veteran to retain not less than One Hundred Fifty Dollars ($150.00) per month of total monthly income;&nbsp;</span></p> <p><span class="cls0">3. The care and maintenance charge shall not exceed the full cost of care minus the Veterans Administration per diem payment;&nbsp;</span></p> <p><span class="cls0">4. Spouses, widows and widowers of eligible war veterans are authorized to be admitted and maintained in the Oklahoma veterans centers. The facilities admitting and maintaining spouses, widows and widowers shall make collections from said spouses, widows and widowers first and to the fullest extent from sources of income other than pension and compensation paid by the Veterans Administration; and&nbsp;</span></p> <p><span class="cls0">5. The claim of the state for such care and maintenance shall constitute a valid indebtedness against any such patient or member and his estate and shall not be barred by any statute of limitations except as otherwise allowed by the Oklahoma Indigent Health Care Act. At the death of the patient or member, this claim shall be allowed and paid as other lawful claims against the estate. Provided, no admission or detention of a patient in an Oklahoma veterans center shall be limited or conditioned in any manner by the lack of ability to pay of a patient or member, his estate, or any relative of the patient or member. Any monies collected by the provisions of this section shall be deposited in the Department of Veterans Affairs Revolving Fund.&nbsp;</span></p> <p><span class="cls0">Laws 1961, p. 704, &sect; 5, emerg. eff. July 31, 1961; Laws 1981, c. 169, &sect; 4, emerg. eff. May 13, 1981; Laws 1984, c. 249, &sect; 5, operative July 1, 1984; Laws 1987, c. 206, &sect; 80, operative July 1, 1987; Laws 1987, c. 236, &sect; 38, emerg. eff. July 20, 1987; Laws 1992, c. 204, &sect; 1, eff. Sept. 1, 1992.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;7263.6. Workers' compensation for certain employees of State War Veterans Home Facilities.&nbsp;</span></p> <p><span class="cls0">The War Veterans Commission of Oklahoma is hereby authorized and empowered to provide workers' compensation insurance for all guards, motor vehicle operators, maintenance personnel, registered nurses, registered practical nurses and attendants employed by the institutions included in the Oklahoma State War Veterans Home Facilities.&nbsp;</span></p> <p><span class="cls0">Laws 1961, p. 593, &sect; 1, emerg. eff. Aug. 7, 1961.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;7263.7. Requirements for administrative personnel.&nbsp;</span></p> <p><span class="cls0">No funds shall be expended for the employment or salary of any administrative personnel not under the provisions of the State Merit System of Personnel Administration, at any facility under the direct supervision and jurisdiction of the War Veterans Commission of Oklahoma, unless honorably discharged veterans were given priority consideration.&nbsp;</span></p> <p><span class="cls0">Laws 1972, c. 139, &sect; 6, emerg. eff. April 7, 1972; Laws 1973, c. 249, &sect; 6, emerg. eff. May 24, 1973; Laws 1981, c. 169, &sect; 5, emerg. eff. May 13, 1981.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;72-63.7A. Classification of certain positions to Merit System of Personnel Administration.&nbsp;</span></p> <p><span class="cls0">A. Effective July 1, 1994, unclassified Department of Veterans Affairs' employees who were transferred from the Department of Human Services to the Department of Veterans Affairs on July 1, 1991, pursuant to Section 63.18 of this title, shall become permanent classified employees and subject to the provisions of the Merit System of Personnel Administration pursuant to Section 840.13 of Title 74 of the Oklahoma Statutes without regard to qualifications or examinations. Such employees shall be granted permanent status in the class to which the position occupied by the employee on the effective date of this act is allocated by the Office of Personnel Management. This section shall not apply to employees who are in the unclassified service pursuant to Section 63.18A of this title and Sections 840.8 and 840.10 of Title 74 of the Oklahoma Statutes.&nbsp;</span></p> <p><span class="cls0">B. Except as provided in Sections 63.9 and 63.18A of this title and Sections 840.8 and 840.10 of Title 74 of the Oklahoma Statutes, all officers, positions and employees of the Department of Veterans Affairs and its constituent institutions shall be subject to the provisions of the Merit System of Personnel Administration as created by the Oklahoma Personnel Act, Section 840.1 et seq. of Title 74 of the Oklahoma Statutes and the rules promulgated thereunder.&nbsp;</span></p> <p><span class="cls0">C. Nothing contained herein shall prevent the Department of Veterans Affairs from utilizing its authority to appoint or retain employees in the unclassified service pursuant to Sections 63.9 and 63.18A of this title and Sections 840.8 and 840.10 of Title 74 of the Oklahoma Statutes which are not in direct conflict with this section.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1987, c. 206, &sect; 81, operative July 1, 1987 and Laws 1987, c. 236, &sect; 39, emerg. eff. July 20, 1987. Amended by Laws 1994, c. 333, &sect; 1, emerg. eff. June 8, 1994.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;7263.8. Administration of various departments, agencies and funds.&nbsp;</span></p> <p><span class="cls0">The War Veterans Commission of Oklahoma shall have the authority to administer the affairs of the Department of Veterans Affairs, and to enter into agreements with the State Department of Rehabilitation Services for the vocational rehabilitation of disabled veterans in the Oklahoma State Veterans Centers. The Commission shall act as the funding agency for the State Accrediting Agency and provide office space for the staff of the agency. The State Accrediting Agency shall pay to the Commission their pro rata share of utilities and telephone service.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1973, c. 249, &sect; 3, emerg. eff. May 24, 1973. Amended by Laws 1981, c. 169, &sect; 6, emerg. eff. May 13, 1981; Laws 1982, c. 303, &sect; 9, operative July 1, 1982; Laws 1983, c. 176, &sect; 1, emerg. eff. June 7, 1983; Laws 1993, c. 364, &sect; 21, emerg. eff. June 11, 1993.&nbsp;</span></p> <p><span class="cls0">&sect;7263.9. Muskogee and Tulsa Claims Offices Managers and assistant managers.&nbsp;</span></p> <p><span class="cls0">The Director of the Department of Veterans Affairs is authorized to employ a manager and an assistant manager for the Muskogee Claims Office and for the Tulsa Claims Office whose positions shall be unclassified and exempt from the rules and procedures of the Merit System of Personnel Administration, except leave regulations. Personnel employed in these classifications at the time of the passage and approval of this act may elect to remain in the classified service and be subject to the merit system rules and regulations.&nbsp;</span></p> <p><span class="cls0">Laws 1980, c. 219, &sect; 7, emerg. eff. May 30, 1980; Laws 1981, c. 169, &sect; 7, emerg. eff. May 13, 1981.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;7263.10. Employee training programs Funding Salary, tuition, and subsistence contracts.&nbsp;</span></p> <p><span class="cls0">A. The Oklahoma Department of Veterans Affairs is hereby authorized to establish within said Department or within any of the institutions operated by the Department training programs to train necessary personnel for the Department or its institutions, or may arrange for said programs with any public school or institution within this state having available facilities for said training. Funds of the Department or its institutions may be used to pay salaries or tuition and subsistence for employees or prospective employees in said training programs, pursuant to the provisions of subsection B of this section.&nbsp;</span></p> <p><span class="cls0">B. Any employee or prospective employee who, while receiving such training is paid a salary, or for whom tuition and subsistence are furnished shall enter into a contract with the Department prior to receiving any payment for salary, tuition, or subsistence. Said contract shall be in accordance with the rules and regulations promulgated by the War Veterans Commission of Oklahoma and shall include a stipulation that, unless the employee or prospective employee continues in the employ of the Department for a period equivalent to the length of the training, said employee or prospective employee shall reimburse the Department or institution for the amount of money paid to or for him by the Department during said training period.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1983, c. 140, &sect; 1, emerg. eff. May 23, 1983.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;72-63.10a. Department of Veterans Affairs on-the-job employee safety program.&nbsp;</span></p> <p><span class="cls0">It is the intent of the Legislature that the promotion of safety in the workplace is a legitimate public purpose. In order to establish a public employee benefit program to encourage safety in the workplace, the Department of Veterans Affairs is hereby directed to establish an on-the-job employee safety program which encourages work unit safety and reduces lost productivity and compensation costs. In order to promote job safety in work units and provide recognition for work units with exceptional safety records, the Department of Veterans Affairs is authorized to expend from monies available in the State Department of Veterans Affairs Revolving Fund so much thereof as may be necessary to provide incentive awards for safety-related job performance. However, no employee shall be recognized more than once per calendar year, and the award shall not exceed the value of One Hundred Dollars ($100.00).&nbsp;</span></p> <p><span class="cls0">Added by Laws 2000, c. 338, &sect; 2, eff. July 1, 2000.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;7263.11. State flag for certain deceased national guard members and peace officers.&nbsp;</span></p> <p><span class="cls0">A. The War Veterans Commission of Oklahoma shall furnish an Oklahoma state flag to drape the casket of each Oklahoma National Guard member or Oklahoma peace officer, as defined in Section 3311 of Title 70 of the Oklahoma Statutes, who dies in the line of duty, unless said member or officer is otherwise entitled to a United States flag. Said state flag shall be a service benefit of each Oklahoma National Guard member and Oklahoma peace officer.&nbsp;</span></p> <p><span class="cls0">B. After burial of the deceased Oklahoma National Guard member or Oklahoma peace officer, the flag so furnished shall be given to his next of kin. If no claim is made by the next of kin, the flag may be given to a close friend or associate of the deceased upon request by such friend or associate to the War Veterans Commission of Oklahoma. If the flag is given to a close friend or associate of the deceased, no flag shall be given to any other person on account of the death of the Oklahoma National Guard member or Oklahoma peace officer.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1984, c. 17, &sect; 1, eff. Nov. 1, 1984.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;72-63.11a. State flag for death of soldiers - Letter of condolence.&nbsp;</span></p> <p><span class="cls0">A. The Office of Management and Enterprise Services shall, from the effective date of this act, furnish an Oklahoma state flag to any member of the United States Armed Forces, including the National Guard or Armed Forces reserve, who is either killed in the line of duty in a combat zone or dies of wounds inflicted in a combat zone and who, at the time of death, was a resident of this state or whose surviving spouse, or parents, if no surviving spouse, are residents of this state.&nbsp;</span></p> <p><span class="cls0">B. The Governor's office shall alert the Office of Management and Enterprise Services upon the death of any Oklahoma member of the United States Armed Forces. Prior to sending the flag to the deceased's spouse or parents, the Office of Management and Enterprise Services shall alert the deceased's member of the State Senate and House of Representatives so that a letter of condolence may be sent with the flag. The Oklahoma flag shall be mailed to the surviving spouse, or parents if no surviving spouse, by the Office of Management and Enterprise Services.&nbsp;</span></p> <p><span class="cls0">C. All United States flags and all Oklahoma flags purchased by the state or political subdivisions shall be manufactured in the United States.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2010, c. 75, &sect; 1, eff. Nov. 1, 2010. Amended by Laws 2012, c. 304, &sect; 646.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;7263.12. Lease and/or loan agreement for hospital or health care facilities improvements.&nbsp;</span></p> <p><span class="cls0">The Oklahoma Department of Veterans Affairs, acting by and through the War Veterans Commission, shall be authorized to enter into lease and/or loan agreements with local public trusts operating in and around any proposed facilities of the Department for the purpose of obtaining financing for the acquisition, construction, additions to or improvement of hospital or health care facilities operated by the Department whether existing or to be acquired.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1985, c. 295, &sect; 4, emerg. eff. July 24, 1985.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;7263.13. Power to be exercised in conjunction with local public trust.&nbsp;</span></p> <p><span class="cls0">The Oklahoma Department of Veterans Affairs, acting by and through the War Veterans Commission, in conjunction with the local public trust may:&nbsp;</span></p> <p><span class="cls0">1. Make and enter into all contracts and agreements necessary or incidental to the performance of its duties and the execution of its powers pursuant to the provisions of this act, and particularly without limiting the generality of this section, to make and enter into contracts and agreements with the separate instrumentalities, departments and agencies of the State of Oklahoma and/or federal government, in order to effectuate the financing of the hospital and health care facilities;&nbsp;</span></p> <p><span class="cls0">2. Employ legal counsel, and contract for investment and trustee banking services, and credit support or enhancements, as may be necessary in the judgment of the local public trust, and to fix the fees, charges and compensation therefor; provided, that all such fees and expenses shall be payable solely from the proceeds of the bonds, or any investment earnings thereon, issued pursuant to the provisions of this and/or any other legally available source;&nbsp;</span></p> <p><span class="cls0">3. Do all things necessary or convenient to implement the powers expressly granted pursuant to the provisions of this act.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1985, c. 295, &sect; 5, emerg. eff. July 24, 1985.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;7263.14. Payment of certain bonds.&nbsp;</span></p> <p><span class="cls0">The bonds issued by the local public trust, working in conjunction with the Department of Veterans Affairs, acting by and through the War Veterans Commission, shall be payable from the following:&nbsp;</span></p> <p><span class="cls0">1. Fees, charges and payments, including any federal subsidies, grants or contributions, received in respect to providing health care to veteran patients at such facilities acquired, constructed and equipped with the proceeds of said bonds;&nbsp;</span></p> <p><span class="cls0">2. Appropriations made in any fiscal year to the Department of Veterans Affairs for defraying costs associated with said facilities; and&nbsp;</span></p> <p><span class="cls0">3. Any other legally available source.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1985, c. 295, &sect; 6, emerg. eff. July 24, 1985.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;7263.15. Cooperative agreements with local public trusts.&nbsp;</span></p> <p><span class="cls0">The Department of Veterans Affairs, acting by and through the War Veterans Commission, is directed to cooperate with local public trusts, either existing or to be formed, and to enter into all requisite agreements and contracts in order to issue bonds for the purposes prescribed herein.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1985, c. 295, &sect; 7, emerg. eff. July 24, 1985.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;72-63.16. Public trusts - Issuance of evidence of indebtedness - Department of Veterans Affairs Trust Fund.&nbsp;</span></p> <p><span class="cls0">A. The Oklahoma Department of Veterans Affairs shall not, either in conjunction with the War Veterans Commission of Oklahoma or any other state agency, board or commission or in conjunction with any public trust, issue or cause to be issued by a public trust any bond or other evidence of indebtedness after July 1, 2008.&nbsp;</span></p> <p><span class="cls0">B. Except as required for purposes of refinancing or refunding an existing issue of indebtedness, from and after July 1, 2008, neither the Oklahoma Department of Veterans Affairs nor the War Veterans Commission of Oklahoma shall be authorized to enter into agreements with public trusts in connection with an issuance of evidence of indebtedness by such public trusts.&nbsp;</span></p> <p><span class="cls0">C. No provision of this section shall affect the obligations incurred or agreements entered into by the Oklahoma Department of Veterans Affairs or the War Veterans Commission of Oklahoma with any public trust if such obligations were incurred or agreements were entered into or are year to year continuations of agreements or leases entered into prior to June 25, 1986. No provision of this section shall be construed as a limitation on the authority of the Oklahoma Department of Veterans Affairs or the War Veterans Commission of Oklahoma to enter into other agreements not prohibited by this section.&nbsp;</span></p> <p><span class="cls0">D. There is hereby created in the State Treasury a trust fund for the Oklahoma Department of Veterans Affairs to be designated the "Department of Veterans Affairs Trust Fund". The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all monies authorized for expenditure as provided by this section. All monies accruing to the credit of said fund are hereby appropriated and may be budgeted and expended by the Oklahoma Department of Veterans Affairs for the purpose of retiring indebtedness evidenced by bonds, whether such bonds are part of an original issue or part of a refunding issue, in the manner prescribed by this section. 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 the Office of Management and Enterprise Services for approval and payment.&nbsp;</span></p> <p><span class="cls0">E. The Oklahoma Department of Veterans Affairs shall make deposits into the Department of Veterans Affairs Trust Fund established by this section from the Department of Veterans Affairs Revolving Fund, and from such other monies as may be lawfully expended for the purposes specified by this section.&nbsp;</span></p> <p><span class="cls0">F. For all fiscal years in which an outstanding balance of bonded indebtedness exists which the Oklahoma Department of Veterans Affairs has caused to be issued through agreements with public trusts, the Oklahoma Department of Veterans Affairs shall at or prior to the end of each fiscal year quarter make money deposits in the Department of Veterans Affairs Trust Fund in amounts sufficient to meet three (3) months' debt service on any public trust bonded indebtedness which the Department has caused to be issued. The Department of Veterans Affairs Trust Fund deposits required by this subsection shall be from any funds available to the Oklahoma Department of Veterans Affairs which may be legally expended for the purposes specified by this section. However, a minimum of an amount equal to one percent (1%) of the Department of Veterans Affairs Budget Work Program for the applicable fiscal year must be transferred from the Oklahoma Department of Veterans Affairs Revolving Fund and included in the total deposits required in each fiscal year.&nbsp;</span></p> <p><span class="cls0">G. Payments from the fund established pursuant to subsection D of this section shall be made by the Oklahoma Department of Veterans Affairs only upon the authorization of the Director of the Office of Management and Enterprise Services and the War Veterans Commission of Oklahoma.&nbsp;</span></p> <p><span class="cls0">H. The Oklahoma Department of Veterans Affairs is hereby authorized to deposit in the fund created in subsection D of this section all federal grant monies which it receives in conjunction with projects which it has caused to be financed through revenue bonds issued by public trusts.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1986, c. 313, &sect; 6, emerg. eff. June 25, 1986. Amended by Laws 1999, c. 138, &sect; 1, emerg. eff. May 3, 1999; Laws 2003, c. 78, &sect; 1, emerg. eff. April 15, 2003; Laws 2012, c. 304, &sect; 647.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;72-63.17. Limits on expenditure for capital projects.&nbsp;</span></p> <p><span class="cls0">Except as otherwise provided by Section 63.16 of this title, unless the Department of Veterans Affairs Trust Fund contains the minimum amount required by Section 63.1 et seq. of this title, the Department of Veterans Affairs, whether acting through the War Veterans Commission or any other entity, shall not be authorized to expend any appropriated monies or monies in any revolving fund for any capital project, unless such capital project:&nbsp;</span></p> <p><span class="cls0">1. Has been undertaken as of June 25, 1986, or unless the project is included in the approved fiscal year 1986 Budget Work Program for the Department of Veterans Affairs;&nbsp;</span></p> <p><span class="cls0">2. Is required for repairs of an emergency nature; or&nbsp;</span></p> <p><span class="cls0">3. Is required to proceed with the development of a new Oklahoma Veterans Center facility at Lawton, Oklahoma, pursuant to Section 1 of this act.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1986, c. 313, &sect; 7, emerg. eff. June 25, 1986. Amended by Laws 1997, c. 125, &sect; 2, emerg. eff. April 16, 1997.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;72-63.18. Renumbered as &sect; 3425 of Title 70 by Laws 1999, c. 347, &sect; 6, eff. July 1, 1999.&nbsp;</span></p> <p><span class="cls0">&sect;72-63.18A. Department of Veterans Affairs - Unclassified positions and personnel.&nbsp;</span></p> <p><span class="cls0">The following positions and personnel at the Oklahoma Department of Veterans Affairs shall be in the unclassified service as provided in the Oklahoma Personnel Act:&nbsp;</span></p> <p><span class="cls0">1. Physicians assistants;&sect;&nbsp;</span></p> <p><span class="cls0">2. Occupational therapists;&nbsp;</span></p> <p><span class="cls0">3. Physical therapists;&nbsp;</span></p> <p><span class="cls0">4. Pharmacists;&nbsp;</span></p> <p><span class="cls0">5. Speech pathologists;&nbsp;</span></p> <p><span class="cls0">6. Nurse practitioners;&nbsp;</span></p> <p><span class="cls0">7. Physical therapy assistants; &nbsp;</span></p> <p><span class="cls0">8. Administrative Assistant to the Director;&nbsp;</span></p> <p><span class="cls0">9. Programs Administrators;&nbsp;</span></p> <p><span class="cls0">10. Administrators, Veterans Centers; and&nbsp;</span></p> <p><span class="cls0">11. Assistant Administrators, Veterans Centers.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1993, c. 213, &sect; 1, emerg. eff. May 24, 1993. Amended by Laws 2002, c. 478, &sect; 1, eff. July 1, 2002; Laws 2004, c. 462, &sect; 2, eff. July 1, 2004.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;72-63.19. Donation from tax refund to Oklahoma Department of Veterans Affairs Equipment and Capital Improvement Program - Disposition of donated funds - Erroneous donation, claim for refund.&nbsp;</span></p> <p><span class="cls0">A. The Oklahoma Tax Commission shall include on each state individual income tax return form for tax years beginning after December 31, 2001, and each state corporate tax return form for tax years beginning after December 31, 2001, an opportunity for the taxpayer to donate from a tax refund for the benefit of the Oklahoma Department of Veterans Affairs Equipment and Capital Improvement Program.&nbsp;</span></p> <p><span class="cls0">B. The monies generated from donations made pursuant to subsection A of this section shall be used by the Oklahoma Department of Veterans Affairs to purchase equipment and develop capital improvement projects and to acquire properties for expanding or improving existing projects, or for future projects to include site acquisition, architectural plan development and construction.&nbsp;</span></p> <p><span class="cls0">C. Except as otherwise provided for in this section, all monies generated pursuant to subsection A of this section shall be paid to the State Treasurer and placed to the credit of the Capital Improvement Program Revolving Fund.&nbsp;</span></p> <p><span class="cls0">D. There is hereby created in the State Treasury a revolving fund for the Oklahoma Department of Veterans Affairs to be designated "Capital Improvement Program Revolving Fund". The fund shall be a continuing fund not subject to fiscal year limitations and shall consist of all monies received pursuant to the provisions of this section. The Oklahoma Department of Veterans Affairs is hereby authorized to invest all or part of the monies of the fund in securities and any interest or dividends accruing from the investments and any monies generated at the time of redemption of the investments shall be deposited in the Capital Improvement Program Revolving Fund. All monies accruing to the credit of the fund are hereby appropriated and may be budgeted and expended by the Oklahoma Department of Veterans Affairs for the purposes stated in subsection B of this section. Any monies withdrawn from the fund by the Oklahoma Department of Veterans Affairs for investment pursuant to this section shall be deemed to be for the purpose of equipment purchases or enhancing the veterans capital improvement programs of the State of Oklahoma. Expenditures from the fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of the Office of Management and Enterprise Services for approval and payment.&nbsp;</span></p> <p><span class="cls0">E. If a taxpayer makes a donation pursuant to subsection A of this section in error, the taxpayer may file a claim for refund at any time within three (3) years from the due date of the tax return. Such claims shall be filed pursuant to the provisions of Section 2373 of Title 68 of the Oklahoma Statutes and, if allowed, shall be paid pursuant to the provisions of said section. Prior to the apportionment set forth in subsection C of this section, an amount equal to the total amount of refunds made pursuant to this subsection during any one (1) year shall be deducted during the following year, and the amount deducted shall be paid to the State Treasurer and placed to the credit of the Income Tax Withholding Refund Account.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1994, c. 278, &sect; 37, eff. Sept. 1, 1994. Amended by Laws 2001, c. 358, &sect; 29, eff. July 1, 2001; Laws 2012, c. 304, &sect; 648.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;72-63.20. Deposit of proceeds.&nbsp;</span></p> <p><span class="cls0">All proceeds derived from the use, sale or lease of properties under the control of the War Veterans Commission shall be deposited in the Capital Improvement Program Revolving Fund created by Section 63.19 of this title to be expended according to law.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1999, c. 348, &sect; 6, eff. July 1, 1999. Amended by Laws 2003, c. 115, &sect; 1, eff. July 1, 2003.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;72-63.21. Certified volunteers - Provision of meals for services rendered.&nbsp;</span></p> <p><span class="cls0">The War Veterans Commission of Oklahoma is authorized to provide meals to certified volunteers for services rendered in all facilities operated under the control of the War Veterans Commission of Oklahoma.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2000, c. 160, &sect; 1, eff. Nov. 1, 2000.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;7264. Certain positions to remain exempt or unclassified.&nbsp;</span></p> <p><span class="cls0">The status of positions that have been exempted by executive order and positions previously authorized to be in the unclassified service are not affected by this act.&nbsp;</span></p> <p><span class="cls0">Laws 1981, c. 254, &sect; 6, operative July 1, 1981.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;72-65.1. Department directed to proceed on certain projects.&nbsp;</span></p> <p><span class="cls0">A. The Oklahoma Department of Veterans Affairs shall be required to proceed with construction projects at veterans centers under the control of the War Veterans Commission of Oklahoma from funds designated for these purposes.&nbsp;</span></p> <p><span class="cls0">B. Projects shall be constructed in the order designated by United States Department of Veterans Affairs priorities.&nbsp;</span></p> <p><span class="cls0">C. Federal matching funds received for these projects shall continue to be deposited in the federal matching fund designated for the Oklahoma Department of Veterans Affairs by the Director of the Office of Management and Enterprise Services and shall be considered as available funds for projects, unless otherwise encumbered.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1997, c. 376, &sect; 1, eff. Sept. 1, 1997. Amended by Laws 2012, c. 304, &sect; 649.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;72-66.1. Repealed by Laws 1953, p. 402, &sect; 5.&nbsp;</span></p> <p><span class="cls0">&sect;72-66.2. Repealed by Laws 1953, p. 402, &sect; 5.&nbsp;</span></p> <p><span class="cls0">&sect;72-66.3. Repealed by Laws 1953, p. 402, &sect; 5.&nbsp;</span></p> <p><span class="cls0">&sect;72-67.1. Repealed by Laws 1987, c. 206, &sect; 96, operative July 1, 1987; Laws 1987, c. 236, &sect; 204, emerg. eff. July 20, 1987.&nbsp;</span></p> <p><span class="cls0">&sect;72-67.2. Repealed by Laws 1979, c. 47, &sect; 109, emerg. eff. April 9, 1979.&nbsp;</span></p> <p><span class="cls0">&sect;72-67.3. Repealed by Laws 1979, c. 47, &sect; 109, emerg. eff. April 9, 1979.&nbsp;</span></p> <p><span class="cls0">&sect;7267.11. W.V.C. Revolving Fund.&nbsp;</span></p> <p><span class="cls0">There is hereby created in the State Treasury a revolving fund to be designated "W.V.C. Revolving Fund".&nbsp;</span></p> <p><span class="cls0">Laws 1949, p. 762, &sect; 1, emerg. eff. Feb. 25, 1949; Laws 1987, c. 206, &sect; 82, operative July 1, 1987; Laws 1987, c. 236, &sect; 40, emerg. eff. July 20, 1987.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;7267.12. Nature of fund.&nbsp;</span></p> <p><span class="cls0">The W.V.C. Revolving Fund shall be a continuing fund not subject to fiscal year limitations and shall consist of all monies received by State Veterans Department as repayments on loans as provided in Section 67.13 of this title, gifts, contributions, bequests and any transfers of monies from the Oklahoma Department of Veterans Affairs Revolving Fund of the State Treasury that may be authorized by the Oklahoma State Legislature.&nbsp;</span></p> <p><span class="cls0">Laws 1949, p. 762, &sect; 2, emerg. eff. Feb. 25, 1949; Laws 1987, c. 206, &sect; 83, operative July 1, 1987; Laws 1987, c. 236, &sect; 41, emerg. eff. July 20, 1987.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;72-67.13. Expenditures and loans from fund.&nbsp;</span></p> <p><span class="cls0">The War Veterans Commission of Oklahoma shall have authority to make expenditures or loans from the W.V.C. Revolving Fund for emergency financial aid in the maintenance or support of honorably discharged war veterans or their spouses or surviving spouses who have been legal residents of this state for a period of one (1) year next preceding application for these benefits. Payments may be made from this fund by the War Veterans Commission upon warrants drawn by the State Treasurer on claims approved by the Director of the Oklahoma Department of Veterans Affairs pursuant to the guidelines of the Office of Management and Enterprise Services. At the time of approval of claims, the Director shall certify that such payments meet criteria established by regulations promulgated by the War Veterans Commission of Oklahoma.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1949, p. 762, &sect; 3, emerg. eff. Feb. 25, 1949. Amended by Laws 1951, p. 324, &sect; 1, emerg. eff. April 18, 1951; Laws 1979, c. 47, &sect; 87, emerg. eff. April 9, 1979; Laws 1981, c. 169, &sect; 8, emerg. eff. May 13, 1981; Laws 1987, c. 206, &sect; 84, operative July 1, 1987; Laws 1987, c. 236, &sect; 42, emerg. eff. July 20, 1987; Laws 1991, c. 259, &sect; 1, emerg. eff. May 27, 1991; Laws 2012, c. 304, &sect; 650.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;72-67.13a. War veterans defined - Retirement benefits.&nbsp;</span></p> <p><span class="cls0">Except for the purposes of determining military service credit for state retirement, the words &ldquo;war veterans&rdquo; used in Section 67.13 of this title shall be construed to mean such honorably discharged persons as served:&nbsp;</span></p> <p><span class="cls0">1. In the Armed Forces of the United States at any time during the period from April 6, 1917, to November 11, 1918, both dates inclusive;&nbsp;</span></p> <p><span class="cls0">2. In the Armed Forces of the United States as members of the 45th Division at any time during the period from September 16, 1940, to December 7, 1941, both dates inclusive;&nbsp;</span></p> <p><span class="cls0">3. In the Armed Forces of the United States at any time during the period from December 7, 1941, to December 31, 1946, both dates inclusive;&nbsp;</span></p> <p><span class="cls0">4. In the Armed Forces of the United States at any time during the period from June 27, 1950, to January 31, 1955, both dates inclusive;&nbsp;</span></p> <p><span class="cls0">5. For a period of ninety (90) days or more, unless discharged from active duty for a service-connected disability, in the Armed Forces of the United States during the period of time in which the United States participated in a war, campaign or battle, but excluding any person who shall have served on active duty for training only, unless discharged from active duty for service-connected disability;&nbsp;</span></p> <p><span class="cls0">6. In the Armed Forces of the United States at any time during the period which began on:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;February 28, 1961, and ended on May 7, 1975, in the case of a veteran who served in the Republic of Vietnam during that period, and&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;August 5, 1964, and ended on May 7, 1975, in all other cases,&nbsp;</span></p> <p><span class="cls0">except that such period shall be deemed to have ended on December 31, 1976, when determining eligibility for education and training benefits; or&nbsp;</span></p> <p><span class="cls0">7. In the Armed Forces of the United States on or after August 1, 1990, during the period of time in which the United States participates in a war, military or naval campaign, or expedition, excluding any person who shall have served on active duty for training only, unless discharged from active duty for service-connected disability.&nbsp;</span></p> <p><span class="cls0">The term &ldquo;war veterans&rdquo; shall include only those persons who shall have served during the times or in the areas prescribed in this section, and those persons who were awarded service medals, as authorized by the United States Department of Defense as reflected in the veteran&rsquo;s Defense Department Form 214, related to the Vietnam Conflict who served prior to August 5, 1964. Any honorably discharged war veteran of any of the Armed Forces of the United States shall be entitled to such tax exemptions to include but not be limited to tax-exempt veterans&rsquo; benefits as provided in paragraph 12 of Section 2887 of Title 68 of the Oklahoma Statutes, special permits and veterans&rsquo; preferences for state employment; provided, that any person who shall have served on active duty for training purposes only shall not be entitled to any such tax exemptions, special permits or veterans&rsquo; preferences.&nbsp;</span></p> <p><span class="cls0">The provisions of this act shall include military retirees, whose retirement was based only on active service, that have been rated as having twenty percent (20%) or greater service-connected disability by the Veterans Administration or the Armed Forces of the United States. For the purpose of defining military service or status as a war veteran for the granting of military service credit in the retirement systems of the State of Oklahoma, the specific statutory provisions and definitions of each respective system shall govern exclusively.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1951, p. 324, &sect; 2, emerg. eff. April 18, 1951. Amended by Laws 1968, c. 102, &sect; 1, emerg. eff. April 1, 1968; Laws 1969, c. 150, &sect; 1, emerg. eff. April 14, 1969; Laws 1971, c. 88, &sect; 1, emerg. eff. April 16, 1971; Laws 1975, c. 304, &sect; 1, emerg. eff. June 7, 1975; Laws 1978, c. 1, &sect; 1, emerg. eff. Jan. 13, 1978; Laws 1981, c. 288, &sect; 1, emerg. eff. June 29, 1981; Laws 1987, c. 206, &sect; 85, operative July 1, 1987; Laws 1987, c. 236, &sect; 43, emerg. eff. July 20, 1987; Laws 1990, c. 242, &sect; 1, emerg. eff. May 21, 1990; Laws 1991, c. 138, &sect; 1, eff. July 1, 1991; Laws 1991, c. 205, &sect; 2, emerg. eff. May 17, 1991; Laws 1997, c. 187, &sect; 1, eff. July 1, 1997; Laws 1998, c. 192, &sect; 4, eff. July 1, 1998; Laws 2000, c. 338, &sect; 1, eff. July 1, 2000; Laws 2004, c. 302, &sect; 4, emerg. eff. May 13, 2004.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;7267.13b. Benefits for persons serving after January 31, 1955.&nbsp;</span></p> <p><span class="cls0">Any person who served on active duty in the Armed Forces of the United States and was discharged or separated from active duty under conditions other than dishonorable and further had served such active duty for more than ninety (90) days, other than for training purposes, any part of which occurred after January 31, 1955, or was released from active duty after January 31, 1955, for a serviceconnected disability, shall be entitled to tax exemptions, fees, special permits and veterans' preferences for state employment on the same basis as "war veterans" except as provided in Section 840.15 of Title 74 of the Oklahoma Statutes.&nbsp;</span></p> <p><span class="cls0">Laws 1971, c. 97, &sect; 1, emerg. eff. April 24, 1971; Laws 1986, c. 115, &sect; 2, eff. Nov. 1, 1986.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;7267.14. Petty Cash Fund.&nbsp;</span></p> <p><span class="cls0">There is hereby created a "Petty Cash Fund" for the War Veterans Commission. The balance in said fund shall never exceed the sum of Two Thousand Five Hundred Dollars ($2,500.00) which may be expended for the purposes set forth in Section 67.13 of this title, when the War Veterans Commission shall determine that the situation of the applicant is so urgent as to require immediate financial aid. Provided that said "Petty Cash Fund" may be reimbursed by the State Treasurer upon the filing of the claim assigned to the "W.V.C. Petty Cash Fund", for the amount disbursed. The reimbursement shall be made from the "W.V.C. Revolving Fund". Further provided that if the emergency assistance allowed by this section be made in the form of a loan to the applicant, the applicant's repayment of the loan shall be remitted to the State Treasurer for deposit to the credit of the W.V.C. Revolving Fund in the State Treasury.&nbsp;</span></p> <p><span class="cls0">Laws 1949, p. 763, &sect; 4, emerg. eff. Feb. 25, 1949; Laws 1979, c. 47, &sect; 88, emerg. eff. April 9, 1979; Laws 1987, c. 206, &sect; 86, operative July 1, 1987; Laws 1987, c. 236, &sect; 44, emerg. eff. July 20, 1987.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;7267.15. Invalidity clause.&nbsp;</span></p> <p><span class="cls0">The Legislature hereby declares that it intended to enact every part, clause, sentence, or section of this act and if any part thereof shall be invalid for any reason, the invalidity thereof shall not affect the validity of any other parts, clauses, sentences, or sections of this act, but the same shall remain in force and effect to the same extent as if such invalid parts, clauses, sentences, or sections had been omitted.&nbsp;</span></p> <p><span class="cls0">Laws 1949, p. 763, &sect; 5, emerg. eff. Feb. 25, 1949.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;7268.1. Purpose of act.&nbsp;</span></p> <p><span class="cls0">The purpose of this act shall be to provide adequate training facilities for the training and rehabilitation of residents of the State of Oklahoma, who may be affected with such severe physical handicaps as to prevent their employment in the normal fields of vocational activity, without such specialized training, through the establishment of a Rehabilitation Center for the Severely Handicapped.&nbsp;</span></p> <p><span class="cls0">Laws 1947, p. 582, &sect; 1, emerg. eff. May 2, 1947.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;7268.2. Contracts with educational institutions for establishment of training courses.&nbsp;</span></p> <p><span class="cls0">The Soldiers Relief Commission is hereby authorized to enter into contracts with the Board of Regents of any educational institution in the Oklahoma State System of Higher Education, subject to the approval of the Oklahoma State Regents for Higher Education, for the purpose of providing such institution with the equipment and supplies necessary for the establishment, operation and maintenance of the Rehabilitation Center for the Severely Handicapped and for repair and replacement of said equipment and supplies. Such contracts shall provide for the establishment of such training courses as may be determined by the Soldiers Relief Commission to be necessary for the achievement of the purposes of this act; and shall provide for administration and operation of the Rehabilitation Center by the Board of Regents of any Institution with which such contract may be made, and shall require such Board of Regents to cooperate with the Veterans' Administration of the United States and all other state and federal agencies which may be authorized to provide any funds, services or facilities which will assist in giving effect to the provisions of this act.&nbsp;</span></p> <p><span class="cls0">Laws 1947, p. 582, &sect; 3, emerg. eff. May 2, 1947.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;72-71. Repealed by Laws 1961, p. 587, &sect; 1.&nbsp;</span></p> <p><span class="cls0">&sect;72-72. Repealed by Laws 1961, p. 587, &sect; 1.&nbsp;</span></p> <p><span class="cls0">&sect;72-73. Repealed by Laws 1961, p. 587, &sect; 1.&nbsp;</span></p> <p><span class="cls0">&sect;72-74. Repealed by Laws 1961, p. 587, &sect; 1.&nbsp;</span></p> <p><span class="cls0">&sect;72-81. Repealed by Laws 1961, p. 587, &sect; 1.&nbsp;</span></p> <p><span class="cls0">&sect;72-82. Repealed by Laws 1961, p. 587, &sect; 1.&nbsp;</span></p> <p><span class="cls0">&sect;72-83. Repealed by Laws 1961, p. 587, &sect; 1.&nbsp;</span></p> <p><span class="cls0">&sect;72-84. Repealed by Laws 1961, p. 587, &sect; 1.&nbsp;</span></p> <p><span class="cls0">&sect;72-85. Repealed by Laws 1961, p. 587, &sect; 1.&nbsp;</span></p> <p><span class="cls0">&sect;72-86. Repealed by Laws 1961, p. 587, &sect; 1.&nbsp;</span></p> <p><span class="cls0">&sect;72-87. Repealed by Laws 1961, p. 587, &sect; 1.&nbsp;</span></p> <p><span class="cls0">&sect;72-101. Repealed by Laws 1939, p. 362, &sect; 1, emerg. eff. April 29, 1939.&nbsp;</span></p> <p><span class="cls0">&sect;72-102. Repealed by Laws 1961, p. 587, &sect; 1.&nbsp;</span></p> <p><span class="cls0">&sect;72-103. Repealed by Laws 1961, p. 587, &sect; 1.&nbsp;</span></p> <p><span class="cls0">&sect;72-104. Repealed by Laws 1961, p. 587, &sect; 1.&nbsp;</span></p> <p><span class="cls0">&sect;72-105. Repealed by Laws 1961, p. 587, &sect; 1.&nbsp;</span></p> <p><span class="cls0">&sect;72-106. Repealed by Laws 1961, p. 587, &sect; 1.&nbsp;</span></p> <p><span class="cls0">&sect;72-107. Repealed by Laws 1961, p. 587, &sect; 1.&nbsp;</span></p> <p><span class="cls0">&sect;72-108. Repealed by Laws 1961, p. 587, &sect; 1.&nbsp;</span></p> <p><span class="cls0">&sect;72-108a. Repealed by Laws 1961, p. 587, &sect; 1.&nbsp;</span></p> <p><span class="cls0">&sect;72-108b. Repealed by Laws 1961, p. 587, &sect; 1.&nbsp;</span></p> <p><span class="cls0">&sect;72-108c. Repealed by Laws 1961, p. 587, &sect; 1.&nbsp;</span></p> <p><span class="cls0">&sect;72-108d. Repealed by Laws 1961, p. 587, &sect; 1.&nbsp;</span></p> <p><span class="cls0">&sect;72-108e. Repealed by Laws 1961, p. 587, &sect; 1.&nbsp;</span></p> <p><span class="cls0">&sect;72-108f. Repealed by Laws 1961, p. 587, &sect; 1.&nbsp;</span></p> <p><span class="cls0">&sect;72-121. Repealed by Laws 1961, p. 587, &sect; 1.&nbsp;</span></p> <p><span class="cls0">&sect;72125.5. Petition for appointment.&nbsp;</span></p> <p><span class="cls0">(1) A petition for the appointment of a guardian may be filed by any relative or friend of the ward or by any person who is authorized by law to file such a petition. If there is no person so authorized or if the person so authorized refuses or fails to file such a petition within thirty (30) days after mailing of notice by the Veterans Administration to the lastknown address of the person, if any, indicating the necessity for the same, a petition for appointment may be filed by any resident of this state.&nbsp;</span></p> <p><span class="cls0">(2) The petition for appointment shall set forth the name, age, place of residence of the ward, the name and place of residence of the nearest relative, if known, and the fact that the ward is entitled to receive benefits payable by or through the Veterans Administration and shall set forth the amount of monies then due and the amount of probable future payments.&nbsp;</span></p> <p><span class="cls0">(3) The petition shall also set forth the name and address of the person or institution, if any, having actual custody of the ward and the name, age, relationship, if any, occupation and address of the proposed guardian and if the nominee is a natural person, the number of wards for whom the nominee is presently acting as guardian. Notwithstanding any law as to priority of persons entitled to appointment, or the nomination in the petition, the court may appoint some other individual or a bank or trust company as guardian, if the court determines it is for the best interest of the ward.&nbsp;</span></p> <p><span class="cls0">(4) In the case of a mentallyincompetent ward the petition shall show that such ward has been rated incompetent by the Veterans Administration on examination in accordance with the laws and regulations governing the Veterans Administration.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;72126.1. Definitions.&nbsp;</span></p> <p><span class="cls0">As used in this act:&nbsp;</span></p> <p><span class="cls0">"Person" means an individual, a partnership, a corporation or an association.&nbsp;</span></p> <p><span class="cls0">"Veterans Administration" means the Veterans Administration, its predecessors or successors.&nbsp;</span></p> <p><span class="cls0">"Income" means moneys received from the Veterans Administration and revenue or profit from any property wholly or partially acquired therewith.&nbsp;</span></p> <p><span class="cls0">"Estate" means income on hand and assets acquired partially or wholly with "income".&nbsp;</span></p> <p><span class="cls0">"Benefits" means all moneys paid or payable by the United States through the Veterans Administration.&nbsp;</span></p> <p><span class="cls0">"Administrator" means the Administrator of Veterans Affairs of the United States or his successor.&nbsp;</span></p> <p><span class="cls0">"Ward" means a beneficiary of the Veterans Administration.&nbsp;</span></p> <p><span class="cls0">"Guardian" means any fiduciary for the person or estate of a ward.&nbsp;</span></p> <p><span class="cls0">Laws 1945, p. 370, &sect; 1, emerg. eff. April 17, 1945.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;72126.2. Administrator as party in interest Notice.&nbsp;</span></p> <p><span class="cls0">The Administrator shall be a party in interest in any proceeding for the appointment or removal of a guardian or for the removal of the disability of minority or mental incapacity of a ward, and in any suit or other proceeding affecting in any manner the administration by the guardian of the estate of any present or former ward whose estate includes assets derived in whole or in part from benefits heretofore or hereafter paid by the Veterans Administration. Not less than fifteen (15) days prior to hearing in such matter notice in writing of the time and place thereof shall be given by mail (unless waived in writing) to the office of the Veterans Administration having jurisdiction over the area in which any such suit or any such proceeding is pending.&nbsp;</span></p> <p><span class="cls0">Laws 1945, p. 370, &sect; 2, emerg. eff. April 17, 1945.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;72126.3. Manner of appointment Persons prohibited.&nbsp;</span></p> <p><span class="cls0">Whenever, pursuant to any law of the United States or regulation of the Veterans Administration, it is necessary, prior to payment of benefits, that a guardian be appointed, the appointment may be made in the manner hereinafter provided. Members of the Oklahoma War Veterans Commission and employees of the Oklahoma Department of Veterans Affairs and the Oklahoma Veterans Centers are prohibited from acting as guardian or fiduciary for any Oklahoma Veteran Center member or patient unless such member or patient is related to the member of the Commission or employee of the Department by affinity or consanguinity within the third degree.&nbsp;</span></p> <p><span class="cls0">Laws 1945, p. 371, &sect; 3, emerg. eff. April 17, 1945; Laws 1981, c. 254, &sect; 11, operative July 1, 1981.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;72126.4. Number of wards.&nbsp;</span></p> <p><span class="cls0">No person other than a bank or trust company shall be guardian of more than five (5) wards at one time, unless all the wards are members of one (1) family. Upon presentation of a petition by an attorney of the Veterans Administration or other interested person, alleging that a guardian is acting in a fiduciary capacity for more than five (5) wards as herein provided and requesting his discharge for that reason, the court, upon proof substantiating the petition, shall require a final accounting from such guardian and shall discharge him from guardianships in excess of five (5) and appoint a successor.&nbsp;</span></p> <p><span class="cls0">Laws 1945, p. 371, &sect; 4, emerg. eff. April 17, 1945; Laws 1981, c. 169, &sect; 9, emerg. eff. May 13, 1981; Laws 1981, c. 254, &sect; 12, operative July 1, 1981.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;72126.5. Petition for appointment.&nbsp;</span></p> <p><span class="cls0">(1) A petition for the appointment of a guardian may be filed by any relative or friend of the ward or by any person who is authorized by law to file such a petition. If there is no person so authorized or if the person so authorized refuses or fails to file such a petition within thirty (30) days after mailing of notice by the Veterans Administration to the lastknown address of the person, if any, indicating the necessity for the same, a petition for appointment may be filed by any resident of this state.&nbsp;</span></p> <p><span class="cls0">(2) The petition for appointment shall set forth the name, age, place of residence of the ward, the name and place of residence of the nearest relative, if known, and the fact that the ward is entitled to receive benefits payable by or through the Veterans Administration and shall set forth the amount of monies then due and the amount of probable future payments.&nbsp;</span></p> <p><span class="cls0">(3) The petition shall also set forth the name and address of the person or institution, if any, having actual custody of the ward and the name, age, relationship, if any, occupation and address of the proposed guardian and if the nominee is a natural person, the number of wards for whom the nominee is presently acting as guardian. Notwithstanding any law as to priority of persons entitled to appointment, or the nomination in the petition, the court may appoint some other individual or a bank or trust company as guardian, if the court determines it is for the best interest of the ward.&nbsp;</span></p> <p><span class="cls0">(4) In the case of a mentally incompetent ward the petition shall show that such ward has been rated incompetent by the Veterans Administration on examination in accordance with the laws and regulations governing the Veterans Administration.&nbsp;</span></p> <p><span class="cls0">Laws 1945, p. 371, &sect; 5, emerg. eff. April 17, 1945.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;72126.6. Evidence of necessity for appointment for minor.&nbsp;</span></p> <p><span class="cls0">Where a petition is filed for the appointment of a guardian for a minor, a certificate of the Administrator or his authorized representative, setting forth the age of such minor as shown by the records of the Veterans Administration and the fact that the appointment of a guardian is a condition precedent to the payment of any monies due the minor by the Veterans Administration shall be prima facie evidence of the necessity for such appointment.&nbsp;</span></p> <p><span class="cls0">Laws 1945, p. 371, &sect; 6, emerg. eff. April 17, 1945.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;72126.7. Evidence of necessity for appointment for incompetent.&nbsp;</span></p> <p><span class="cls0">Where a petition is filed for the appointment of a guardian for a mentally incompetent ward, a certificate of the Administrator or his duly authorized representative, that such person has been rated incompetent by the Veterans Administration on examination in accordance with the laws and regulations governing such Veterans Administration and that the appointment of a guardian is a condition precedent to the payment of any monies due such ward by the Veterans Administration, shall be prima facie evidence of the necessity for such appointment.&nbsp;</span></p> <p><span class="cls0">Laws 1945, p. 371, &sect; 7, emerg. eff. April 17, 1945.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;72126.8. Notice.&nbsp;</span></p> <p><span class="cls0">Upon the filing of a petition for the appointment of a guardian under this act, notice shall be given to the ward, to such other persons, and in such manner as is provided by the general law of this state, and also to the Veterans Administration as provided by this act.&nbsp;</span></p> <p><span class="cls0">Laws 1945, p. 372, &sect; 8, emerg. eff. April 17, 1945.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;72126.9. Bond of guardian.&nbsp;</span></p> <p><span class="cls0">(1) Upon the appointment of a guardian, he shall execute and file a bond to be approved by the court in an amount not less than the estimated value of the personal estate and anticipated income of the ward during the ensuing year. The bond shall be in the form and be conditioned as required of guardians appointed under the general guardianship laws of this state. The court may from time to time require the guardian to file an additional bond.&nbsp;</span></p> <p><span class="cls0">(2) Where a bond is tendered by a guardian with personal sureties, there shall be at least two (2) such sureties and they shall file with the court a certificate under oath which shall describe the property owned, both real and personal, and shall state that each is worth the sum named in the bond as the penalty thereof over and above all his debts and liabilities and the aggregate of other bonds on which he is principal or surety and exclusive of property exempt from execution. The court may require additional security or may require a corporate surety bond, the premium thereon to be paid from the ward's estate.&nbsp;</span></p> <p><span class="cls0">Laws 1945, p. 372, &sect; 9, emerg. eff. April 17, 1945.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;72126.10. Accounting.&nbsp;</span></p> <p><span class="cls0">(1) Every guardian, who has received or shall receive on account of his ward any monies or other thing of value from the Veterans Administration shall file with the court annually, on the anniversary date of the appointment, in addition to such other accounts as may be required by the court, a full, true, and accurate account under oath of all monies or other things of value so received by him, all earnings, interest or profits derived therefrom and all property acquired therewith and of all disbursements therefrom, and showing the balance thereof in his hands at the date of the account and how invested.&nbsp;</span></p> <p><span class="cls0">(2) The guardian, at the time of filing any account, shall exhibit all securities or investments held by him to an officer of the bank or other depository wherein said securities or investments are held for safekeeping or to an authorized representative of the corporation which is surety on his bond, or to the judge or clerk of a court of record in this state, or, upon request of the guardian or other interested party, to any other reputable person designated by the court, who shall certify in writing that he has examined the securities or investments and identified them with those described in the account, and shall note any omissions or discrepancies. If the depository is the guardian, the certifying officer shall not be the officer verifying the account. The guardian may exhibit the securities or investments to the judge of the court, who shall endorse on the account and copy thereof a certificate that the securities or investments shown therein as held by the guardian were each in fact exhibited to him and that those exhibited to him were the same as those shown in the account, and noting any omission or discrepancy. That certificate and the certificate of an official of the bank in which are deposited any funds for which the guardian is accountable, showing the amount on deposit, shall be prepared and signed in duplicate and one of each shall be filed by the guardian with his account.&nbsp;</span></p> <p><span class="cls0">(3) At the time of filing in the court any account, a certified copy thereof and a signed duplicate of each certificate filed with the court shall be sent by the guardian to the office of the Veterans Administration having jurisdiction over the area in which the court is located. A signed duplicate or a certified copy of any petition, motion or other pleading, pertaining to an account, or to any matter other than an account, and which is filed in the guardianship proceedings or in any proceeding for the purpose of removing the disability of minority or mental incapacity, shall be furnished by the person filing the same to the proper office of the Veterans Administration. Unless hearing be waived in writing by the attorney of the Veterans Administration, and by all other persons, if any, entitled to notice, the court shall fix a time and place for the hearing on the account, petition, motion or other pleadings not less than fifteen (15) days nor more than thirty (30) days from the date same is filed, unless a different available date be stipulated in writing. Unless waived in writing, written notice of the time and place of hearing shall be given the Veterans Administration office concerned and the guardian and any others entitled to notice not less than fifteen (15) days prior to the date fixed for the hearing. The notice may be given by mail in which event it shall be deposited in the mails not less than fifteen (15) days prior to said date. The court, or clerk thereof, shall mail to said Veterans Administration office a copy of each order entered in any guardianship proceedings wherein the Administrator is an interested party.&nbsp;</span></p> <p><span class="cls0">(4) If the guardian is accountable for property derived from sources other than the Veterans Administration, he shall be accountable as is or may be required under the applicable law of this state pertaining to the property of minors or persons of unsound mind who are not beneficiaries of the Veterans Administration, and as to such other property shall be entitled to the compensation provided by such law. The account for other property may be combined with the account filed in accordance with this section.&nbsp;</span></p> <p><span class="cls0">Laws 1945, p. 372, &sect; 10, emerg. eff. April 17, 1945.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;72126.11. Removal for failure to account or furnish copy.&nbsp;</span></p> <p><span class="cls0">If any guardian shall fail to file with the court any account as required by this act, or by an order of the court, when any account is due or within thirty (30) days after citation issues as provided by law, or shall fail to furnish the Veterans Administration a true copy of any account, petition or pleading as required by this act, such failure may in the discretion of the court be ground for his removal.&nbsp;</span></p> <p><span class="cls0">Laws 1945, p. 373, &sect; 11, emerg. eff. April 17, 1945.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;72126.12. Compensation of guardian.&nbsp;</span></p> <p><span class="cls0">Compensation payable to guardians shall be based upon services rendered and shall not exceed five percent (5%) of the amount of monies received during the period covered by the account. In the event of extraordinary services by any guardian, the court, upon petition and hearing thereon may authorize reasonable additional compensation therefor. A copy of the petition and notice of hearing thereon shall be given the proper office of the Veterans Administration in the manner provided in the case of hearing on a guardian's account or other pleadings. No commission or compensation shall be allowed on the monies or other assets received from a prior guardian nor upon the amount received from liquidation of loans or other investments.&nbsp;</span></p> <p><span class="cls0">Laws 1945, p. 373, &sect; 12, emerg. eff. April 17, 1945.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;72126.13. Investment of funds.&nbsp;</span></p> <p><span class="cls0">Every guardian shall invest the surplus funds of his ward's estate in such securities or property as authorized under the laws of this state but only upon prior order of the court; except that the funds may be invested, without prior court authorization, in direct unconditional interestbearing obligations of this state or of the United States and in obligations the interest and principal of which are unconditionally guaranteed by the United States. A signed duplicate or certified copy of the petition for authority to invest shall be furnished the proper office of the Veterans Administration, and notice of hearing thereon shall be given said office as provided in the case of hearing on a guardian's account.&nbsp;</span></p> <p><span class="cls0">Laws 1945, p. 373, &sect; 13, emerg. eff. April 17, 1945.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;72126.14. Application of estate or income.&nbsp;</span></p> <p><span class="cls0">A guardian shall not apply any portion of the income or the estate for the support or maintenance of any person other than the ward, the spouse and the minor children of the ward, except upon petition to and prior order of the court after a hearing. A signed duplicate or certified copy of said petition shall be furnished the proper office of the Veterans Administration and notice of hearing thereon shall be given said office as provided in the case of hearing on a guardian's account or other pleading.&nbsp;</span></p> <p><span class="cls0">Laws 1945, p. 374, &sect; 14, emerg. eff. April 17, 1945.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;72126.15. Purchase of real estate.&nbsp;</span></p> <p><span class="cls0">(1) The court may authorize the purchase of the entire fee simple title to real estate in this state in which the guardian has no interest, but only as a home for the ward, or to protect his interest, or (if he is not a minor) as a home for his dependent family. Such purchase of real estate shall not be made except upon the entry of an order of the court after hearing upon verified petition. A copy of the petition shall be furnished the proper office of the Veterans Administration and notice of hearing thereon shall be given said office as provided in the case of hearing on a guardian's account.&nbsp;</span></p> <p><span class="cls0">(2) Before authorizing such investment the court shall require written evidence of value and of title and of the advisability of acquiring such real estate. Title shall be taken in the ward's name. This section does not limit the right of the guardian on behalf of his ward to bid and to become the purchaser of real estate at a sale thereof pursuant to decree of foreclosure of lien held by or for the ward, or at a trustee's sale, to protect the ward's right in the property so foreclosed or sold; nor does it limit the right of the guardian, if such be necessary to protect the ward's interest and upon prior order of the court in which the guardianship is pending, to agree with co-tenants of the ward for a partition in kind, or to purchase from co-tenants the entire undivided interests held by them, or to bid and purchase the same at a sale under a partition decree, or to compromise adverse claims of title to the ward's realty.&nbsp;</span></p> <p><span class="cls0">Laws 1945, p. 374, &sect; 15, emerg. eff. April 17, 1945.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;72126.16. Certified copies of records.&nbsp;</span></p> <p><span class="cls0">When a copy of any public record is required by the Veterans Administration to be used in determining the eligibility of any person to participate in benefits made available by the Veterans Administration, the official custodian of such public record shall without charge provide the applicant for such benefits or any person acting on his behalf or the authorized representative of the Veterans Administration with a certified copy of such record.&nbsp;</span></p> <p><span class="cls0">Laws 1945, p. 374, &sect; 16, emerg. eff. April 17, 1945.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;72126.17. Attainment of majority Recovery of competency.&nbsp;</span></p> <p><span class="cls0">(1) In addition to any other provisions of law relating to judicial restoration and discharge of guardian, a certificate by the Veterans Administration showing that a minor ward has attained majority, or that an incompetent ward has been rated competent by the Veterans Administration upon examination in accordance with law shall be prima facie evidence that the ward has attained majority, or has recovered his competency. Upon hearing after notice as provided by this act and the determination by the court that the ward has attained majority or has recovered his competency, an order shall be entered to that effect, and the guardian shall file a final account. Upon hearing after notice to the former ward and to the Veterans Administration as in case of other accounts, upon approval of the final account, and upon delivery to the ward of the assets due him from the guardian, the guardian shall be discharged and his sureties released.&nbsp;</span></p> <p><span class="cls0">Laws 1945, p. 374, &sect; 17, emerg. eff. April 17, 1945.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;72126.18. Treatment in institution Commitment Transfer.&nbsp;</span></p> <p><span class="cls0">(1) Whenever, in any proceeding under the laws of this state for the commitment of a person alleged to be of unsound mind or otherwise in need of confinement in a hospital or other institution for his proper care, it is determined after such adjudication of the status of such person as may be required by law that commitment to a hospital for mental disease or other institution is necessary for safekeeping or treatment and it appears that such person is eligible for care or treatment by the Veterans Administration or other agency of the United States Government, the court, upon receipt of a certificate from the Veterans Administration or such other agency showing that facilities are available and that such person is eligible for care or treatment therein, may commit such person to said Veterans Administration or other agency. The person whose commitment is sought shall be personally served with notice of the pending commitment proceeding in the manner as provided by the laws of this state; and nothing in this act shall affect his right to appear and be heard in the proceedings. Upon commitment, such person, when admitted to any facility operated by any such agency within or without this state shall be subject to the rules and regulations of the Veterans Administration or other agency. The chief officer of any facility of the Veterans Administration or institution operated by any other agency of the United States to which the person is so committed shall with respect to such person be vested with the same powers as superintendents of state hospitals for mental diseases within this state with respect to retention of custody, transfer, parole or discharge. Jurisdiction is retained in the committing or other appropriate court of this state at any time to inquire into the mental condition of the person so committed, and to determine the necessity for continuance of his restraint, and all commitments pursuant to this act are so conditioned.&nbsp;</span></p> <p><span class="cls0">(2) The judgment or order of commitment by a court of competent jurisdiction of another state or of the District of Columbia, committing a person to the Veterans Administration, or other agency of the United States Government for care or treatment shall have the same force and effect as to the committed person while in this state as in the jurisdiction in which is situated the court entering the judgment or making the order; and the courts of the committing state, or of the District of Columbia, shall be deemed to have retained jurisdiction of the person so committed for the purpose of inquiring into the mental condition of such person, and of determining the necessity for continuance of his restraint; as is provided in subsection (1) of this section with respect to persons committed by the courts of this state. Consent is hereby given to the application of the law of the committing state or district in respect to the authority of the chief officer of any facility of the Veterans Administration, or of any institution operated in this state by any other agency of the United States to retain custody, or transfer, parole or discharge the committed person.&nbsp;</span></p> <p><span class="cls0">(3) Upon receipt of a certificate of the Veterans Administration or such other agency of the United States that facilities are available for the care or treatment of any person heretofore committed to any hospital for the insane or other institution for the care or treatment of persons similarly afflicted and that such person is eligible for care or treatment, the superintendent of the institution may cause the transfer of such person to the Veterans Administration or other agency of the United States for care or treatment. Upon effecting any such transfer, the committing court or proper officer thereof shall be notified thereof by the transferring agency. No person shall be transferred to the Veterans Administration or other agency of the United States if he be confined pursuant to conviction of any felony or misdemeanor or if he has been acquitted of the charge solely on the ground of insanity, unless prior to transfer the court or other authority originally committing such person shall enter an order for such transfer after appropriate motion and hearing.&nbsp;</span></p> <p><span class="cls0">Any person transferred as provided in this section shall be deemed to be committed to the Veterans Administration or other agency of the United States pursuant to the original commitment.&nbsp;</span></p> <p><span class="cls0">Laws 1945, p. 375, &sect; 18, emerg. eff. April 17, 1945.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;72126.19. Uniform construction.&nbsp;</span></p> <p><span class="cls0">This act shall be so construed to make uniform the law of those states which enact it.&nbsp;</span></p> <p><span class="cls0">Laws 1945, p. 376, &sect; 19, emerg. eff. April 17, 1945.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;72126.20. Title of act.&nbsp;</span></p> <p><span class="cls0">This act may be cited as the "Uniform Veterans' Guardianship Act".&nbsp;</span></p> <p><span class="cls0">Laws 1945, p. 376, &sect; 20, emerg. eff. April 17, 1945.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;72-126.21. Repealed by Laws 1989, c. 154, &sect; 2, operative July 1, 1989.&nbsp;</span></p> <p><span class="cls0">&sect;72126.22. Repeals Application of other laws.&nbsp;</span></p> <p><span class="cls0">All acts or parts of acts relating to beneficiaries of the Veterans Administration inconsistent with this act are hereby repealed. Except where inconsistent with this act, the laws of this state relating to guardian and ward and the judicial practice relating thereto, including the right to trial by jury and the right of appeal shall be applicable to such beneficiaries and their estates.&nbsp;</span></p> <p><span class="cls0">Laws 1945, p. 376, &sect; 22, emerg. eff. April 17, 1945.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;72126.23. Application of provisions to guardians appointed under other laws.&nbsp;</span></p> <p><span class="cls0">The provisions of this act relating to surety bonds and the administration of estates of wards shall apply to all "income" and "estate" as defined in Section 1 of this act whether the guardian shall have been appointed under this act or under any other law of this state, special or general, prior or subsequent to the enactment hereof.&nbsp;</span></p> <p><span class="cls0">Laws 1945, p. 376, &sect; 23, emerg. eff. April 17, 1945.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;72-131. Repealed by Laws 1961, p. 587, &sect; 1.&nbsp;</span></p> <p><span class="cls0">&sect;72-132. Repealed by Laws 1961, p. 587, &sect; 1.&nbsp;</span></p> <p><span class="cls0">&sect;72-133. Repealed by Laws 1961, p. 587, &sect; 1.&nbsp;</span></p> <p><span class="cls0">&sect;72-134. Repealed by Laws 1961, p. 587, &sect; 1.&nbsp;</span></p> <p><span class="cls0">&sect;72-135. Repealed by Laws 1961, p. 587, &sect; 1.&nbsp;</span></p> <p><span class="cls0">&sect;72-136. Repealed by Laws 1961, p. 587, &sect; 1.&nbsp;</span></p> <p><span class="cls0">&sect;72-137. Repealed by Laws 1961, p. 587, &sect; 1.&nbsp;</span></p> <p><span class="cls0">&sect;72-138. Repealed by Laws 1961, p. 587, &sect; 1.&nbsp;</span></p> <p><span class="cls0">&sect;72-139. Repealed by Laws 1961, p. 587, &sect; 1.&nbsp;</span></p> <p><span class="cls0">&sect;72-140. Repealed by Laws 1961, p. 587, &sect; 1.&nbsp;</span></p> <p><span class="cls0">&sect;72-141. Repealed by Laws 1961, p. 587, &sect; 1.&nbsp;</span></p> <p><span class="cls0">&sect;72-142. Repealed by Laws 1961, p. 587, &sect; 1.&nbsp;</span></p> <p><span class="cls0">&sect;72-151. Repealed by Laws 1939, p. 361, &sect; 1, emerg. eff. May 10, 1939.&nbsp;</span></p> <p><span class="cls0">&sect;72-152. Repealed by Laws 1939, p. 361, &sect; 1, emerg. eff. May 10, 1939.&nbsp;</span></p> <p><span class="cls0">&sect;72-153. Repealed by Laws 1939, p. 361, &sect; 1, emerg. eff. May 10, 1939.&nbsp;</span></p> <p><span class="cls0">&sect;72-154. Repealed by Laws 1939, p. 361, &sect; 1, emerg. eff. May 10, 1939.&nbsp;</span></p> <p><span class="cls0">&sect;72-155. Repealed by Laws 1939, p. 361, &sect; 1, emerg. eff. May 10, 1939.&nbsp;</span></p> <p><span class="cls0">&sect;72-156. Repealed by Laws 1939, p. 361, &sect; 1, emerg. eff. May 10, 1939.&nbsp;</span></p> <p><span class="cls0">&sect;72-157. Repealed by Laws 1939, p. 361, &sect; 1, emerg. eff. May 10, 1939.&nbsp;</span></p> <p><span class="cls0">&sect;72-158. Repealed by Laws 1939, p. 361, &sect; 1, emerg. eff. May 10, 1939.&nbsp;</span></p> <p><span class="cls0">&sect;72-159. Repealed by Laws 1939, p. 361, &sect; 1, emerg. eff. May 10, 1939.&nbsp;</span></p> <p><span class="cls0">&sect;72-160. Repealed by Laws 1939, p. 361, &sect; 1, emerg. eff. May 10, 1939.&nbsp;</span></p> <p><span class="cls0">&sect;72-161. Repealed by Laws 1939, p. 361, &sect; 1, emerg. eff. May 10, 1939.&nbsp;</span></p> <p><span class="cls0">&sect;72-162. Repealed by Laws 1939, p. 361, &sect; 1, emerg. eff. May 10, 1939.&nbsp;</span></p> <p><span class="cls0">&sect;72-163. Repealed by Laws 1939, p. 361, &sect; 1, emerg. eff. May 10, 1939.&nbsp;</span></p> <p><span class="cls0">&sect;72-164. Property formerly part of Union Soldiers' Home transferred to Office of Management and Enterprise Services.&nbsp;</span></p> <p><span class="cls0">All property, including buildings, grounds, equipment, furniture, fixtures, and other property owned by this state as a part of the Union Soldiers' Home, and heretofore subject to the supervision and management of the Board of Trustees, is hereby transferred to the control, supervision, and management of the Office of Management and Enterprise Services for the use and benefit of this state.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1939, p. 361, &sect; 2, emerg. eff. May 10, 1989. Amended by Laws 1983, c. 304, &sect; 74, eff. July 1, 1983; Laws 2012, c. 304, &sect; 651.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;72165. Cemetery and graves of soldiers placed under Adjutant General's supervision.&nbsp;</span></p> <p><span class="cls0">That the cemetery and graves of soldiers now buried on said property be and the same are placed under the supervision and care of the Adjutant General of the State of Oklahoma.&nbsp;</span></p> <p><span class="cls0">Laws 1939, p. 362, &sect; 3, emerg. eff. May 10, 1939.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;72-181. Repealed by Laws 1945, p. 340, &sect; 8, eff. July 1, 1945.&nbsp;</span></p> <p><span class="cls0">&sect;72-182. Repealed by Laws 1945, p. 340, &sect; 8, eff. July 1, 1945.&nbsp;</span></p> <p><span class="cls0">&sect;72-183. Repealed by Laws 1945, p. 340, &sect; 8, eff. July 1, 1945.&nbsp;</span></p> <p><span class="cls0">&sect;72-184. Repealed by Laws 1945, p. 340, &sect; 8, eff. July 1, 1945.&nbsp;</span></p> <p><span class="cls0">&sect;72-185. Repealed by Laws 1945, p. 340, &sect; 8, eff. July 1, 1945.&nbsp;</span></p> <p><span class="cls0">&sect;72-186. Repealed by Laws 1945, p. 340, &sect; 8, eff. July 1, 1945.&nbsp;</span></p> <p><span class="cls0">&sect;72-187. Repealed by Laws 1945, p. 340, &sect; 8, eff. July 1, 1945.&nbsp;</span></p> <p><span class="cls0">&sect;72-188. Repealed by Laws 1945, p. 340, &sect; 8, eff. July 1, 1945.&nbsp;</span></p> <p><span class="cls0">&sect;72-201. Repealed by Laws 1953, p. 403, &sect; 6, emerg. eff. Feb. 19, 1953; Laws 1955, p. 458, &sect; 6, emerg. eff. May 6, 1955.&nbsp;</span></p> <p><span class="cls0">&sect;72-202. Management and control.&nbsp;</span></p> <p><span class="cls0">The Oklahoma Veterans Centers shall be under the management and control of the Oklahoma Department of Veterans Affairs which shall:&nbsp;</span></p> <p><span class="cls0">1. Make all necessary rules, regulations and procedures for the operation and management of veterans centers operated by the Oklahoma Department of Veterans Affairs;&nbsp;</span></p> <p><span class="cls0">2. Ensure compliance with all federal and state statutes and rules which are applicable to the operation of long-term care facilities;&nbsp;</span></p> <p><span class="cls0">3. Appoint and fix the duties and compensation of veterans center administrators and other necessary employees;&nbsp;</span></p> <p><span class="cls0">4. Provide necessary clothing, food, and care to all residents, including medications and proper medical care;&nbsp;</span></p> <p><span class="cls0">5. Provide for the burial of deceased residents who have no surviving relatives or whose relatives do not claim their bodies; and&nbsp;</span></p> <p><span class="cls0">6. Assure the protection of the rights of all residents, including the right to be free of neglect and abuse.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1949, p. 620, &sect; 2, emerg. eff. May 31, 1949. Amended by Laws 2013, c. 233, &sect; 4, eff. Nov. 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;72203. Transfer of property of Oklahoma Confederate Home and Southern Oklahoma Hospital.&nbsp;</span></p> <p><span class="cls0">All real estate, buildings, furniture, equipment, livestock and other property that have been or that are now owned or held by the Board of Trustees of the Oklahoma Confederate Home or by the Southern Oklahoma Hospital, or by the Board of Regents of the University of Oklahoma for the Southern Oklahoma Hospital, are hereby transferred to and placed under the management and control of the War Veterans Commission of Oklahoma for the use of the Oklahoma Veterans Home; and the Board of Regents of the University of Oklahoma shall, not later than ten (10) days after this act becomes effective, deliver a complete inventory of all such property to the War Veterans Commission of Oklahoma which shall, upon verification of such inventory by an actual inspection of the property listed therein, acknowledge receipt and delivery of such property.&nbsp;</span></p> <p><span class="cls0">Laws 1949, p. 620, &sect; 3, emerg. eff. May 31, 1949.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;72-204. Repealed by Laws 1953, p. 403, &sect; 6, emerg. eff. Feb. 19, 1953; Laws 1955, p. 458, &sect; 6, emerg. eff. May 6, 1955.&nbsp;</span></p> <p><span class="cls0">&sect;72-205. Repealed by Laws 1981, c. 254, &sect; 15, operative July 1, 1981.&nbsp;</span></p> <p><span class="cls0">&sect;72-205.1. Repealed by Laws 1979, c. 47, &sect; 109, emerg. eff. April 9, 1979.&nbsp;</span></p> <p><span class="cls0">&sect;72206. Priority in admission.&nbsp;</span></p> <p><span class="cls0">The War Veterans Commission is hereby required to give priority to those applicants who are presently confined in state institutions.&nbsp;</span></p> <p><span class="cls0">Laws 1949, p. 621, &sect; 7, emerg. eff. May 31, 1949.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;72221. Establishment Site Purpose Administration and control.&nbsp;</span></p> <p><span class="cls0">There is hereby established at Sulphur, Oklahoma, on the site of the Oklahoma State Veterans Hospital, and at Ardmore, Oklahoma, on the site of the Oklahoma State Veterans Home Facilities, and at Norman, Oklahoma, on the site of the Veterans Ward of the Griffin Memorial Hospital, further described as follows:&nbsp;</span></p> <p class="cls3"><span class="cls0">Starting at the Southeast corner of the Northeast Quarter (NE 1/4) of Section twentynine (29), Township nine (9) North, Range two (2) West, of the Indian Meridian; thence North seventeen hundred (1700) feet to a point on the East boundary of Section twentynine (29), Township nine (9) North, Range two (2) West; thence West six hundred (600) feet; thence South eight hundred fifty (850) feet; thence West three hundred twentyfive (325) feet; thence South four hundred (400) feet; thence in a Southwest direction five hundred forty (540) feet to a point on the South boundary of the Northeast Quarter (NE 1/4) of Section twentynine (29), Township nine (9) North, Range two (2) West of the Indian Meridian; thence East a distance of one thousand two hundred twentythree (1,223) feet to the point of beginning;&nbsp;</span></p> <p><span class="cls0">facilities to be known as the Oklahoma Veterans Centers (for the purpose of securing special treatment or hospitalization the adjoining facilities of Griffin Memorial Hospital shall be considered an integral part of the Oklahoma Veterans Centers at Norman, and may be utilized to care for eligible veterans), which shall be available for care of war veterans discharged other than under dishonorable conditions. Further provided such centers shall be under the administration and control of the War Veterans Commission of Oklahoma.&nbsp;</span></p> <p><span class="cls0">Laws 1953, p. 402, &sect; 1, emerg. eff. Feb. 19, 1953; Laws 1955, p. 457, &sect; 1, emerg. eff. May 6, 1955; Laws 1969, c. 184, &sect; 2; Laws 1990, c. 265, &sect; 62, operative July 1, 1990.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;72-221.1. Veterans Center at Norman - Operation and administration - Legal description.&nbsp;</span></p> <p><span class="cls0">Effective July 1, 1979, the responsibility for the operation and administration of the Oklahoma Veterans Center, Norman, Oklahoma, shall be assumed by the Department of Veterans Affairs. Thereafter, the Oklahoma Veterans Center, Norman, shall operate as a separate institution under the direction and control of the Department of Veterans Affairs. The facility shall be described as such real property situated in Cleveland County, State of Oklahoma, and more particularly described as follows: The North half (N 1/2) of Section 28, Township 9 North, Range 2 West, Indian Meridian, Cleveland County, less and except the West half (W 1/2) of the Northwest quarter (NW 1/4) of Section 28, said tract containing 240 acres more or less.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1979, c. 266, &sect; 12, eff. July 1, 1979. Amended by Laws 1990, c. 51, &sect; 141, emerg. eff. April 9, 1990; Laws 1997, c. 187, &sect; 2, eff. July 1, 1997.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;72-221.2. Oklahoma Veterans Center, Claremore Division - Operation and administration - Legal description.&nbsp;</span></p> <p><span class="cls0">In addition to the Oklahoma Veterans Centers established by Sections 203, 221, 221.1, 226 and 229 of this title, the facility known as the Oklahoma Veterans Center, Claremore Division, since March, 1987, shall continue to be operated as a veterans center by the Department of Veterans Affairs; such property described as the real property situated in Rogers County, State of Oklahoma, and more particularly described as follows:&nbsp;</span></p> <p><span class="cls0">A tract of land located in Lot 1, Section 7, Township 21 North, Range 16 East of I.B.& M., further described as follows: Beginning at the Northwest corner of said Lot 1, thence North 89 degrees 42'40" East along the North line thereof 671.00 feet; thence South parallel to the West line of said Lot 1, 750.00 feet; thence North 89 degrees 42'40" East 361.51 feet; thence South 567.53 feet to the South line of said Lot 1; thence South 89 degrees 44' West along the South line of said Lot 1, 1032.51 feet to the Southwest corner thereof; thence North 1317.14 feet to the point of beginning, said tract containing 25 acres, more or less.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1992, c. 95, &sect; 1, emerg. eff. April 17, 1992. Amended by Laws 2005, c. 70, &sect; 1, eff. July 1, 2005.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;72-221.2A. Oklahoma Veterans Center at Lawton - Development - Operation and administration - Legal description.&nbsp;</span></p> <p><span class="cls0">Effective April 16, 1997, the Oklahoma Department of Veterans Affairs is directed within the availability and limitations of its revolving funds, not otherwise encumbered or specified, to proceed with the development of a new Oklahoma Veterans Center facility at Lawton, Oklahoma.&nbsp;</span></p> <p><span class="cls0">In addition to the Oklahoma Veterans Centers established by Sections 203, 221, 221.1, 221.2, 226 and 229 of this title, the facility known as the Oklahoma Veterans Center, Lawton/Ft. Sill Division, shall be operated as a veterans center by the Department of Veterans Affairs located on a tract of land described as the E/2NE/4 SEC 33-2N-11 WIM, Comanche County, Oklahoma, and leased to the Oklahoma Department of Veterans Affairs by the Commissioners of the Land Office, State of Oklahoma.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1997, c. 125, &sect; 2, emerg. eff. April 16, 1997. Amended by Laws 2005, c. 70, &sect; 2, eff. July 1, 2005.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;72-221.3. Competitive bidding for provision of supplies and services under Medicare Part B.&nbsp;</span></p> <p><span class="cls0">A. The Department of Veterans Affairs shall develop and adopt procedures for competitively bidding an agreement for supplies and services under Medicare Part B as approved by the Director of Central Purchasing.&nbsp;</span></p> <p><span class="cls0">&nbsp;&nbsp;B. Upon the effective date of this act, the Department of Veterans Affairs shall annually compile a list of Medicare Part B supplies and services in use in veterans centers throughout the state.&nbsp;</span></p> <p><span class="cls0">C. The Department shall, upon request, make such list available, along with information on the Department's competitive bid procedures, to any vendor interested in providing supplies and services under Medicare Part B.&nbsp;</span></p> <p><span class="cls0">D. Vendors may subsequently participate in competitive bidding by submitting a sealed itemized bid to the Department. The Department shall select from among the submitted bids, the overall lowest and best bid.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1996, c. 149, &sect; 1, emerg. eff. May 7, 1996.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;72-221.4. Purchase of products available through General Services Administration contracts.&nbsp;</span></p> <p><span class="cls0">Notwithstanding any other provision of law, the Department of Veterans Affairs shall be authorized to purchase products which are available through a General Services Administration contract. Such products shall not be required to be on a current state contract before a purchase can be made.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1996, c. 149, &sect; 2, emerg. eff. May 7, 1996.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;72-221.5. Individual purchasing entity.&nbsp;</span></p> <p><span class="cls0">For the determination of compliance with limits set forth in The Oklahoma Central Purchasing Act, each division of the Oklahoma Department of Veterans Affairs that operates a Veterans Center shall, if the division has a Certified Procurement Officer and makes purchases in compliance with internal purchasing procedures of the Oklahoma Department of Veterans Affairs that are approved by the Office of Management and Enterprise Services, be regarded as an individual purchasing entity.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2000, c. 305, &sect; 1, emerg. eff. June 5, 2000. Amended by Laws 2012, c. 304, &sect; 652.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;72-222. Revolving fund.&nbsp;</span></p> <p><span class="cls0">A. There is hereby created in the State Treasury a revolving fund for the Oklahoma Department of Veterans Affairs to be known as the Oklahoma Department of Veterans Affairs Revolving Fund. The revolving fund shall consist of all funds and monies received by the Oklahoma Department of Veterans Affairs, its constituent institutions, and/or, the War Veterans Commission of Oklahoma, from any gifts, contributions, bequests, individual reimbursements except as otherwise provided by law, and other sources of revenue, for the care or support of war veterans discharged other than under dishonorable conditions, who have been admitted and cared for at the Oklahoma Department of Veterans Affairs Centers, at Ardmore, Claremore, Clinton, Lawton/Ft. Sill, Norman, Sulphur or Talihina. Provided no grants-in-aid, reimbursements, or other revenue from the United States government or any instrumentality of the United States government shall be deposited in the fund. Provided further, nothing contained herein prohibits the establishment and utilization of special agency accounts by the Oklahoma Department of Veterans Affairs and its constituent institutions, as may be approved by the Special Agency Account Board, for receipt and disbursement of the personal funds of Veteran Center patients and members and/or for receipt and disbursement of charitable contributions and donations for use by and for patients and members.&nbsp;</span></p> <p><span class="cls0">B. The revolving fund herein created shall be used by the Oklahoma Department of Veterans Affairs to pay for the care of war veterans discharged other than under dishonorable conditions, in Veterans Centers, to pay the general operating expenses of the Veterans Centers, including the payment of salaries and wages of officials and employees, to pay for the employee safety programs and incentive awards provided for in Section 63.10a of this title, and to remodel, repair, construct, build additions, modernize, or add improvements of domiciliary or hospital buildings necessary for the care of veterans, including tuberculosis, mentally ill or neuropsychiatric patients, but not excluding others; and architectural plans, specifications, or other costs pertinent thereto.&nbsp;</span></p> <p><span class="cls0">C. The Oklahoma Department of Veterans Affairs may transfer monies from the revolving fund created in this section to the W.V.C. Revolving Fund in the State Treasury.&nbsp;</span></p> <p><span class="cls0">D. All expenditures from said revolving fund shall be made upon warrants issued by the State Treasurer based upon claims approved by the Oklahoma Department of Veterans Affairs, as provided by law, and filed with the Director of the Office of Management and Enterprise Services for approval and payment.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1953, p. 403, &sect; 2, emerg. eff. Feb. 19, 1953. Amended by Laws 1955, p. 457, &sect; 2, emerg. eff. May 6, 1955; Laws 1981, c. 254, &sect; 9, operative July 1, 1981; Laws 1987, c. 206, &sect; 87, operative July 1, 1987; Laws 1987, c. 236, &sect; 45, emerg. eff. July 20, 1987; Laws 2000, c. 338, &sect; 3, eff. July 1, 2000; Laws 2001, c. 20, &sect; 1, eff. July 1, 2001; Laws 2012, c. 304, &sect; 653.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;72-222.1. Renumbered as &sect; 3426 of Title 70 by Laws 1999, c. 347, &sect; 6, eff. July 1, 1999.&nbsp;</span></p> <p><span class="cls0">&sect;72-223. Acceptance of Act of Congress &ndash; Participation in per diem grant program.&nbsp;</span></p> <p><span class="cls0">A. The State of Oklahoma accepts the provisions of the Act of Congress of August 27, 1888, as amended, 1934 Edition U.S. Code, Title 24, Section 134, and of any other federal law or Act of Congress providing for the payment of funds to states for the care of, or support of, disabled soldiers and sailors in state homes, and it shall be the duty of the War Veterans Commission of Oklahoma to obtain such federal aid and assistance as is available under the aforenamed Act of Congress, or otherwise. All such funds received from the United States or any federal agency, for such care, shall be deposited in a federal fund created by the Office of Management and Enterprise Services as provided by law.&nbsp;</span></p> <p><span class="cls0">B. All Oklahoma veterans nursing facilities shall participate in the state veterans homes per diem grant program administered by the United States Department of Veterans Affairs. Upon approval by the United States Department of Veterans Affairs of a nursing facility to participate in the per diem program, the Oklahoma War Veterans Commission shall issue a license to operate such facility as an Oklahoma veterans home.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1953, p. 403, &sect; 3, emerg. eff. Feb. 19, 1953. Amended by Laws 1955, p. 457, &sect; 3, emerg. eff. May 6, 1955; Laws 1987, c. 206, &sect; 88, operative July 1, 1987; Laws 1987, c. 236, &sect; 46, emerg. eff. July 20, 1987; Laws 2003, c. 89, &sect; 2, emerg. eff. April 15, 2003; Laws 2012, c. 304, &sect; 654.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;72-223.1. Employer-based nurse aide training programs.&nbsp;</span></p> <p><span class="cls0">The Oklahoma Department of Veterans Affairs in its capacity as an operator of nursing facilities under Title 72 of the Oklahoma Statutes is authorized to provide an employer-based program for training of nurse aides for purposes of certification by the State Department of Health. Such programs shall comply with the provisions of Section 1-1951 of Title 63 of the Oklahoma Statutes.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2006, c. 88, &sect; 1, eff. Nov. 1, 2006.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;72224. War veterans defined.&nbsp;</span></p> <p><span class="cls0">The words "war veterans", used in the foregoing sections shall be construed to mean such exservice persons as were discharged under other than dishonorable conditions, and who (a) served in any branch of the military or naval service of the United States during the period of any war, campaign, expedition, in which the United States participated, including but not limited to those who (b) served in the military or naval forces of the United States at any time during the period from April 6, 1917, to November 11, 1918, both dates inclusive, or who (c) served in the military or naval forces of the United States at any time during the period of December 7, 1941, and September 2, 1945, both dates inclusive, or who (d) served in the military or naval forces of the United States on or after June 25, 1950, during the period of time in which the United States participates in a war, military or naval campaign, or expedition.&nbsp;</span></p> <p><span class="cls0">Laws 1953, p. 403, &sect; 4, emerg. eff. Feb. 19, 1953; Laws 1955, p. 458, &sect; 4, emerg. eff. May 6, 1955.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;72225. Duties and powers.&nbsp;</span></p> <p><span class="cls0">The War Veterans Commission of Oklahoma, in addition to its other powers and duties as herein provided, shall have the following specific powers and duties which shall, however, not be deemed to be exclusive: (a) To make necessary rules and regulations not inconsistent with this act for the operation of said institutions. (b) To rule upon eligibility of applicant and requirements for admission to the institution. (c) To appoint all administrative personnel and provide for the employment of all such other personnel as may be necessary to carry out the provisions of this act and any other duties as may be prescribed by law. The salaries and tenure of office of all personnel shall be determined by the Commission. (d) To approve or disapprove all claims or expenditures from such appropriations as may be made to the Commission prior to the payment thereof, except as may be otherwise provided by law. (e) To enter into agreement or contract with the Director of Mental Health and Substance Abuse Services, or other departments of the State of Oklahoma, to provide necessary services to carry out the provisions of this act. (f) To enter into agreement or contract with the Veterans Administration, or other appropriate federal agency now in existence or hereafter created, to provide necessary services to carry out the provisions of this act; including but not limited to, agreements by which the federal government contributes funds for the construction of buildings in whole or in part. (g) To contract, as herein provided or as otherwise provided by law, to remodel, construct, repair, build additions, modernize or add improvements necessary for hospitalization and domiciliary care of veteran patients, members, or employee housing, using funds available by law. (h) To expend necessary sums from funds provided by law, to provide architectural plans, specifications, costs or other information required by the Administrator of Veterans Affairs, or other appropriate federal agency, as basis of application for approval to receive federal grant of funds to remodel, repair, construct, build additions, modernize, or added improvements of domiciliary or hospital buildings necessary for the care of veterans, including tuberculosis, mentally ill, and neuropsychiatric, but not excluding others.&nbsp;</span></p> <p><span class="cls0">Laws 1953, p. 403, &sect; 5, emerg. eff. Feb. 19, 1953; Laws 1955, p. 458, &sect; 5, emerg. eff. May 6, 1955; Laws 1987, c. 206, &sect; 89, operative July 1, 1987; Laws 1987, c. 236, &sect; 47, emerg. eff. July 20, 1987; Laws 1990, c. 51, &sect; 142, emerg. eff. April 9, 1990.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;72226. Veterans Center at Clinton Establishment Employees.&nbsp;</span></p> <p><span class="cls0">There is hereby established, in addition to the Oklahoma Veterans Centers established by Section 221 of Title 72 of the Oklahoma Statutes, the Oklahoma Veterans Center at Clinton, Oklahoma, on the site of the former Western Oklahoma Tuberculosis Sanatorium. All persons serving as employees of the Western Oklahoma Tuberculosis Sanatorium under provisions of the State Merit System of Personnel Administration shall continue to serve as employees of the Oklahoma Veterans Center at Clinton, provided that such employees shall remain in the classified service. All employees hired by the Oklahoma Veterans Center at Clinton on or after the effective date of this act shall be under the Oklahoma Merit System of Personnel Administration, except one superintendent, one principal assistant or deputy, one private secretary, parttime physicians and other professional personnel engaged in clinical and consultant services. The buildings and equipment and the following described land of the Western Oklahoma Tuberculosis Sanatorium are hereby transferred to the Oklahoma Veterans Center at Clinton:&nbsp;</span></p> <p><span class="cls0">A strip, piece or parcel of land lying in the NE 1/4 of Section 26, T 12 N, R 17 W, in Custer County, Oklahoma, said parcel of land being described by metes and bounds as follows:&nbsp;</span></p> <p><span class="cls0">Beginning at the point where the present east rightofway line of US Highway 183 intersects the north line of said NE 1/4 a distance of 2,142.3 feet west of the NE corner of said NE 1/4, thence southwesterly along said rightofway line along a curve to the right having a radius of 2,914.9 feet a distance of 155.2 feet, thence S 28 degrees 14' W along said rightofway line a distance of 106.5 feet, thence S 51 degrees 46' E along said rightofway line a distance of 10.0 feet, thence S 28 degrees 14' W along said rightofway line a distance of 279.0 feet, thence S 21 degrees 46' E a distance of 180.0 feet, thence S 01 degree 38' E a distance of 608.5 feet, thence S 83 degrees 54' E a distance of 2,323.6 feet to a point on the east line of said NE 1/4, thence north along the east line of said NE 1/4 to the NE corner of said NE 1/4 a distance of 1,503.5 feet, thence west along the north line of said NE 1/4 a distance of 2,142.3 feet to the point of beginning.&nbsp;</span></p> <p><span class="cls0">Containing 73.09 acres more or less.&nbsp;</span></p> <p><span class="cls0">Laws 1972, c. 100, &sect; 6, operative April 1, 1972.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;72-227. Repealed by Laws 1981, c. 254, &sect; 15, operative July 1, 1981.&nbsp;</span></p> <p><span class="cls0">&sect;72-228. Repealed by Laws 1981, c. 254, &sect; 15, operative July 1, 1981.&nbsp;</span></p> <p><span class="cls0">&sect;72229. Veterans Center at Talihina Establishment Employees.&nbsp;</span></p> <p><span class="cls0">There is hereby established, in addition to the Oklahoma Veterans Centers established by Sections 221 and 226 of Title 72 of the Oklahoma Statutes, the Oklahoma Veterans Center at Talihina, Oklahoma, on the site of the Oklahoma State Sanatorium, Talihina, Oklahoma. All persons serving as employees of the Oklahoma State Sanatorium under the provisions of the State Merit System of Personnel Administration shall continue to serve as employees of the Oklahoma Veterans Center at Talihina, provided that such employees remain in the classified service. All employees hired by the Oklahoma Veterans Center at Talihina on or after the effective date of this act shall be under the Oklahoma Merit System of Personnel Administration, except one manager, one principal assistant or deputy, one private secretary, parttime physicians and other professional personnel engaged in clinical and consultant services. The average number of fulltimeequivalent employees utilized in the total operation of the Oklahoma War Veterans Center, Talihina, shall not exceed one hundred fiftythree (153) during the fiscal year ending June 30, 1976. The buildings, equipment and land under the jurisdiction of the Oklahoma State Sanatorium, Talihina, are hereby transferred to the Oklahoma War Veterans Center, Talihina.&nbsp;</span></p> <p><span class="cls0">Laws 1975, c. 255, &sect; 1, operative July 1, 1975.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;72-230. Repealed by Laws 1980, c. 68, &sect; 1, emerg. eff. April 10, 1980.&nbsp;</span></p> <p><span class="cls0">&sect;72-231. Repealed by Laws 1980, c. 68, &sect; 1, emerg. eff. April 10, 1980.&nbsp;</span></p> <p><span class="cls0">&sect;72-232. Repealed by Laws 1980, c. 68, &sect; 1, emerg. eff. April 10, 1980.&nbsp;</span></p> <p><span class="cls0">&sect;72-233. Repealed by Laws 1981, c. 254, &sect; 15, operative July 1, 1981.&nbsp;</span></p> <p><span class="cls0">&sect;72-234. Repealed by Laws 1981, c. 254, &sect; 15, operative July 1, 1981.&nbsp;</span></p> <p><span class="cls0">&sect;72-235. Repealed by Laws 1980, c. 68, &sect; 1, emerg. eff. April 10, 1980.&nbsp;</span></p> <p><span class="cls0">&sect;72-236. Repealed by Laws 1981, c. 254, &sect; 15, operative July 1, 1981.&nbsp;</span></p> <p><span class="cls0">&sect;72-237. Repealed by Laws 1981, c. 254, &sect; 15, operative July 1, 1981.&nbsp;</span></p> <p><span class="cls0">&sect;72-238. Repealed by Laws 1981, c. 254, &sect; 15, operative July 1, 1981.&nbsp;</span></p> <p><span class="cls0">&sect;72-239. Repealed by Laws 1988, c. 234, &sect; 6, operative July 1, 1988.&nbsp;</span></p> <p><span class="cls0">&sect;72-240. Petty cash funds.&nbsp;</span></p> <p><span class="cls0">There is hereby created a petty cash fund at the Oklahoma Department of Veterans Affairs, at the Oklahoma Veterans Center, Ardmore, Oklahoma, at the Oklahoma Veterans Center, Clinton, Oklahoma, at the Oklahoma Veterans Center, Sulphur, Oklahoma, at the Oklahoma Veterans Center, Talihina, Oklahoma, at the Oklahoma Veterans Center, Norman, Oklahoma, at the Oklahoma Veterans Center, Claremore, Oklahoma, and at the Oklahoma Veterans Center, Lawton/Ft. Sill, Oklahoma. The Director of the Office of Management and Enterprise Services and the Director of the Oklahoma Department of Veterans Affairs are authorized to fix the maximum amount of these petty cash funds and the Director of the Office of Management and Enterprise Services shall prescribe the rules and procedures for the administration of these petty cash funds.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1981, c. 254, &sect; 8, operative July 1, 1981. Amended by Laws 1988, c. 234, &sect; 5, operative July 1, 1988; Laws 1992, c. 312, &sect; 3, eff. Sept. 1, 1992; Laws 2001, c. 20, &sect; 2, eff. July 1, 2001; Laws 2012, c. 304, &sect; 655.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;72-241. State Accrediting Agency - Members - Contracts with federal agencies.&nbsp;</span></p> <p><span class="cls0">There is hereby re-created to continue until July 1, 2017, in accordance with the Oklahoma Sunset Law, the State Accrediting Agency, which hereafter shall be composed of the State Superintendent of Public Instruction, or designee, the State Director of the Oklahoma Department of Career and Technology Education, or designee, the Chancellor of the Oklahoma State Regents for Higher Education, or designee, and two honorably discharged war veterans, who are and shall be appointed by, and hold office at the pleasure of, the Governor. This entity shall be the "state approving agency" referred to in the Veterans' Readjustment Assistance Act of 1952 (Public Law 550 - 82nd Congress), and shall have authority, on behalf of the State of Oklahoma, to enter into and carry out contracts with the U.S. Department of Veterans Affairs, Secretary of Veterans Affairs, or any other federal agency, under the provisions of the Servicemen's Readjustment Act of 1944 (Public Law 346 - 78th Congress), as amended, and the Veterans' Readjustment Assistance Act of 1952 (Public Law 550 - 82nd Congress), and any other federal law, for the approval of courses of on-the-job training, institutional on-farm training, apprentice training, war veterans' educational programs, or any other veterans' training programs authorized by federal law, and for other services authorized or required by the U.S. Department of Veterans Affairs, Secretary of Veterans Affairs, or other federal agencies, in connection with any such training or programs; and all such contracts that have heretofore been made or entered into by the State Accrediting Agency, which agency has been performing functions herein specified in this state, are hereby validated and approved, and shall continue in effect according to the terms and provisions thereof.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1953, p. 401, &sect; 1, emerg. eff. May 18, 1953. Amended by Laws 1983, c. 176, &sect; 2, emerg. eff. June 7, 1983; Laws 1989, c. 60, &sect; 1, operative July 1, 1989; Laws 1995, c. 12, &sect; 1; Laws 2001, c. 8, &sect; 1; Laws 2007, c. 18, &sect; 1; Laws 2013, c. 297, &sect; 1.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;72-242. Officers - Rules and regulations - Qualifications and duties of staff.&nbsp;</span></p> <p><span class="cls0">The State Accrediting Agency shall:&nbsp;</span></p> <p><span class="cls0">(a) Select its officers from its membership.&nbsp;</span></p> <p><span class="cls0">(b) Adopt necessary rules governing its proceedings.&nbsp;</span></p> <p><span class="cls0">(c) Be authorized to appoint and fix the compensation of a director, shall employ and fix the duties and compensation of such clerical or other assistants necessary to effectuate the provisions of Sections 241 and 242 of this title, and approve all expenditures. The Agency shall elect officers annually. Except as provided in Sections 840.8 and 840.10 of Title 74 of the Oklahoma Statutes, all officers, positions and employees of the State Accrediting Agency shall be subject to the provisions of the Merit System of Personnel Administration as created by the Oklahoma Personnel Act, Section 840.1 et seq. of Title 74 of the Oklahoma Statutes and the rules promulgated thereunder. Nothing contained herein shall change the classified or unclassified status of any person employed by the State Accrediting Agency on the effective date of this act.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1953, p. 402, &sect; 2, emerg. eff. May 18, 1953. Amended by Laws 1983, c. 176, &sect; 3, emerg. eff. June 7, 1983; Laws 1994, c. 333, &sect; 2, emerg. eff. June 8, 1994.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;72-243. Repealed by Laws 1988, c. 234, &sect; 6, operative July 1, 1988.&nbsp;</span></p> <p><span class="cls0">&sect;72-261. Repealed by Laws 1975, c. 5, &sect; 1, emerg. eff. Feb. 7, 1975.&nbsp;</span></p> <p><span class="cls0">&sect;72-262. Repealed by Laws 1975, c. 5, &sect; 1, emerg. eff. Feb. 7, 1975.&nbsp;</span></p> <p><span class="cls0">&sect;72-263. Repealed by Laws 1975, c. 5, &sect; 1, emerg. eff. Feb. 7, 1975.&nbsp;</span></p> <p><span class="cls0">&sect;72-264. Repealed by Laws 1975, c. 5, &sect; 1, emerg. eff. Feb. 7, 1975.&nbsp;</span></p> <p><span class="cls0">&sect;72-265. Repealed by Laws 1975, c. 5, &sect; 1, emerg. eff. Feb. 7, 1975.&nbsp;</span></p> <p><span class="cls0">&sect;72-266. Repealed by Laws 1975, c. 5, &sect; 1, emerg. eff. Feb. 7, 1975.&nbsp;</span></p> <p><span class="cls0">&sect;72-267. Repealed by Laws 1975, c. 5, &sect; 1, emerg. eff. Feb. 7, 1975.&nbsp;</span></p> <p><span class="cls0">&sect;72-268. Repealed by Laws 1975, c. 5, &sect; 1, emerg. eff. Feb. 7, 1975.&nbsp;</span></p> <p><span class="cls0">&sect;72-269. Repealed by Laws 1975, c. 5, &sect; 1, emerg. eff. Feb. 7, 1975.&nbsp;</span></p> <p><span class="cls0">&sect;72-270. Repealed by Laws 1975, c. 5, &sect; 1, emerg. eff. Feb. 7, 1975.&nbsp;</span></p> <p><span class="cls0">&sect;72-271. Repealed by Laws 1975, c. 5, &sect; 1, emerg. eff. Feb. 7, 1975.&nbsp;</span></p> <p><span class="cls0">&sect;72-272. Repealed by Laws 1975, c. 5, &sect; 1, emerg. eff. Feb. 7, 1975.&nbsp;</span></p> <p><span class="cls0">&sect;72-273. Repealed by Laws 1975, c. 5, &sect; 1, emerg. eff. Feb. 7, 1975.&nbsp;</span></p> <p><span class="cls0">&sect;72-274. Repealed by Laws 1975, c. 5, &sect; 1, emerg. eff. Feb. 7, 1975.&nbsp;</span></p> <p><span class="cls0">&sect;72-275. Repealed by Laws 1975, c. 5, &sect; 1, emerg. eff. Feb. 7, 1975.&nbsp;</span></p> <p><span class="cls0">&sect;72-276. Repealed by Laws 1975, c. 5, &sect; 1, emerg. eff. Feb. 7, 1975.&nbsp;</span></p> <p><span class="cls0">&sect;72-277. Repealed by Laws 1975, c. 5, &sect; 1, emerg. eff. Feb. 7, 1975.&nbsp;</span></p> <p><span class="cls0">&sect;72-278. Repealed by Laws 1975, c. 5, &sect; 1, emerg. eff. Feb. 7, 1975.&nbsp;</span></p> <p><span class="cls0">&sect;72301. Short title.&nbsp;</span></p> <p><span class="cls0">This act may be cited as the "Oklahoma G. I. Bill".&nbsp;</span></p> <p><span class="cls0">Laws 1974, c. 181, &sect; 1, emerg. eff. May 14, 1974.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;72-302. Tuition-free career and technology education - Exception.&nbsp;</span></p> <p><span class="cls0">Any Oklahoma veteran, or the child of any Oklahoma veteran who is missing in action or a prisoner of war, shall be entitled to attend any statesupported technology center school in the State of Oklahoma operating under the State Board of Career and Technology Education without the payment of tuition. The Oklahoma State University Institute of Technology-Okmulgee shall be excluded from the provisions of this act.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1974, c. 181, &sect; 2, emerg. eff. May 14, 1974. Amended by Laws 2001, c. 33, &sect; 163, eff. July 1, 2001; Laws 2008, c. 54, &sect; 7, eff. July 1, 2008.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;72303. Eligibility of veterans.&nbsp;</span></p> <p><span class="cls0">In order for a veteran to qualify for the benefits provided in this act, the applicant must:&nbsp;</span></p> <p><span class="cls0">1. Have an honorable discharge from the armed forces of the United States of America;&nbsp;</span></p> <p><span class="cls0">2. Have served a minimum of eighteen (18) consecutive months' active duty between the dates of August 10, 1964, and December 31, 1976, or shall have been discharged with a serviceconnected disability;&nbsp;</span></p> <p><span class="cls0">3. Be able to establish that he or she was a bona fide resident of the State of Oklahoma at the time of entry into the military service;&nbsp;</span></p> <p><span class="cls0">4. Accept the benefits of free tuition within fifteen (15) years following his discharge or release from the armed forces; and&nbsp;</span></p> <p><span class="cls0">5. Satisfy the entrance and eligibility requirements imposed by the technology center school.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1974, c. 181, &sect; 3, emerg. eff. May 14, 1974. Amended by Laws 1979, c. 96, &sect; 1, emerg. eff. April 24, 1979; Laws 1986, c. 252, &sect; 1, eff. Nov. 1, 1986; Laws 2001, c. 33, &sect; 164, eff. July 1, 2001.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;72304. Number of months.&nbsp;</span></p> <p><span class="cls0">Each qualified veteran shall be entitled to one (1) month's tuitionfree schooling for each month of active duty service between the dates of August 10, 1964, and December 31, 1976, with a maximum of thirtysix (36) months tuitionfree schooling. Time spent in reserve status with the Oklahoma National Guard or various other reserve components of the United States Military shall not be considered as active duty time.&nbsp;</span></p> <p><span class="cls0">Laws 1974, c. 181, &sect; 4, emerg. eff. May 14, 1974; Laws 1979, c. 96, &sect; 2, emerg. eff. April 24, 1979.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;72305. Eligibility of descendants of servicemen.&nbsp;</span></p> <p><span class="cls0">A. To qualify for the benefits of free tuition the descendant of a serviceman must:&nbsp;</span></p> <p><span class="cls0">1. Prove his relationship to the missing or captured parent; and&nbsp;</span></p> <p><span class="cls0">2. Satisfy the entrance and eligibility requirements imposed by the technology center school.&nbsp;</span></p> <p><span class="cls0">B. Free tuition shall not exceed a period of more than thirtysix (36) months for qualified descendants; however, tuition shall be available only while the parent of the descendant is missing in action or a prisoner of war or until the descendant reaches the age of twentythree (23) years, whichever is the shorter period of time.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1974, c. 181, &sect; 5, emerg. eff. May 14, 1974. Amended by Laws 2001, c. 33, &sect; 165, eff. July 1, 2001.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;72306. Quota system.&nbsp;</span></p> <p><span class="cls0">In the event that any technology center school is being seriously handicapped in its ability to provide an education or training for all of its students as a result of a disproportionate amount of tuitionfree students, then the administrative officer of such school shall certify as to the handicapped condition to the State Board of Career and Technology Education who shall be permitted to establish a quota system for the institution. A schedule of guidelines and priorities shall be established for taking students, as well as limiting the number of tuitionfree students who may enroll. The excess number of applicants may enroll in some other statesupported technology center school which has not reached a critical level of tuitionfree students.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1974, c. 181, &sect; 6, emerg. eff. May 14, 1974. Amended by Laws 2001, c. 33, &sect; 166, eff. July 1, 2001.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;72307. Benefits prohibited in certain instances.&nbsp;</span></p> <p><span class="cls0">Any person whose tuition is paid directly to the institution by any other governmental agency shall not be entitled to the benefits of this act.&nbsp;</span></p> <p><span class="cls0">Laws 1974, c. 181, &sect; 7, emerg. eff. May 14, 1974.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;72350. Definitions.&nbsp;</span></p> <p><span class="cls0">As used in this act:&nbsp;</span></p> <p><span class="cls0">1. "Veteran" means a person who was a resident of this state at the time of his induction into the Armed Forces of the United States of America, or was a resident of this state as of January 1, 1981, and is currently a resident of this state, who served in Vietnam, Cambodia or Laos during the Vietnam Conflict;&nbsp;</span></p> <p><span class="cls0">2. "Agent Orange" means the herbicide composed primarily of trichlorophenoxyacetic acid (2,4,5 T) and dichlorophenoxyacetic acid (2,4 D) and its contaminant tetrachlorodibenzoparadioxin (dioxin, TCDD);&nbsp;</span></p> <p><span class="cls0">3. "Department" means the State Department of Health;&nbsp;</span></p> <p><span class="cls0">4. "Resident of this state" means a person who has any one of the following:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;a valid Oklahoma driver's license,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;an automobile registered within the state,&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;a valid Oklahoma voter identification card, or&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;any other valid identification as determined by the Department;&nbsp;</span></p> <p><span class="cls0">5. "Committee" means the Agent Orange Outreach Committee; and&nbsp;</span></p> <p><span class="cls0">6. "Commissioner" means the Commissioner of Health.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1982, c. 50, &sect; 1, emerg. eff. March 29, 1982.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;72351. Report of veterans who may have been exposed to certain defoliants or herbicides Report form.&nbsp;</span></p> <p><span class="cls0">A. A physician or other qualified health care professional who has primary responsibility for treating a veteran who believes the veteran may have been exposed to chemical defoliants or herbicides or other causative agents, including Agent Orange, while serving in the Armed Forces of the United States, shall, at the request of the veteran, submit a report to the Department on a form provided by the Department. If there is no physician or other qualified health care professional having primary responsibility for treating the veteran, the hospital or other medical facility treating the veteran shall, at the request of the veteran, submit the report to the Department.&nbsp;</span></p> <p><span class="cls0">B. The form provided by the Department to the physician or other qualified health care professional or hospital or other medical facility shall request the following information:&nbsp;</span></p> <p><span class="cls0">1. Symptoms of the veteran which may be related to exposure to chemical defoliants or herbicides or other causative agents, including Agent Orange;&nbsp;</span></p> <p><span class="cls0">2. Diagnoses of the veteran; and&nbsp;</span></p> <p><span class="cls0">3. Methods of treatment prescribed.&nbsp;</span></p> <p><span class="cls0">C. The Department may require the veteran to provide such other information as determined by the Commissioner.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1982, c. 50, &sect; 2, emerg. eff. March 29, 1982.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;72352. Compilation, evaluation and distribution of information.&nbsp;</span></p> <p><span class="cls0">A. The Department, with the assistance of the Committee, shall compile and evaluate information received and actions taken pursuant to this act in a report to be distributed annually to the Governor, to the members of the Legislature and other interested institutions or groups.&nbsp;</span></p> <p><span class="cls0">B. The Department must obtain consent from each veteran or individual examined pursuant to Section 9 of this act. All information obtained from a veteran or individual shall be confidential and shall only be used for purposes of the study. The Department shall compile and evaluate information obtained from these studies in a report to be distributed as provided by subsection A of this section.&nbsp;</span></p> <p><span class="cls0">C. The Department may request and shall receive from any state agency such assistance and data as is necessary for the Department to carry out the provisions of this act. The Department may enter into a contract for services necessary to carry out the provisions of this act.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1982, c. 50, &sect; 3, emerg. eff. March 29, 1982.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;72353. Identity of veteran not to be disclosed Exception Statistical information.&nbsp;</span></p> <p><span class="cls0">The identity of a veteran, the subject of a report made under the provisions of Section 2 or 3 of this act, may not be disclosed unless the veteran consents to the disclosure. Statistical information collected under this act is public information.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1982, c. 50, &sect; 4, emerg. eff. March 29, 1982.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;72354. Privileges and immunities.&nbsp;</span></p> <p><span class="cls0">A physician or other qualified health care professional or a hospital or other medical facility, subject to this act, who complies with this act may not be held civilly or criminally liable for providing the information required by this act.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1982, c. 50, &sect; 5, emerg. eff. March 29, 1982.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;72355. Attorney General to represent veterans in certain class actions.&nbsp;</span></p> <p><span class="cls0">The Attorney General may represent a class of individuals composed of veterans who may have been injured because of contact with chemical defoliants or herbicides or other causative agents, including Agent Orange, in a suit for release of information relating to exposure to such chemicals during military service and for release of individual medical records.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1982, c. 50, &sect; 6, emerg. eff. March 29, 1982.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;72356. Certain state health and medical facilities to cooperate in referring and screening certain veterans Rules and regulations.&nbsp;</span></p> <p><span class="cls0">A. The Department and the health science centers and other medical facilities of the University of Oklahoma, Children's Hospital of Oklahoma, Oklahoma Memorial Hospital or the Oklahoma College of Osteopathic Medicine shall institute a cooperative program to:&nbsp;</span></p> <p><span class="cls0">1. Refer veterans to appropriate state and federal agencies for the purpose of filing claims to remedy medical and financial problems caused by the veteran's exposure to chemical defoliants or herbicides or other causative agents, including Agent Orange; and&nbsp;</span></p> <p><span class="cls0">2. Initiate an education program for health professionals on the detection, diagnosis and treatment of the symptoms associated with exposure to chemical defoliants or herbicides or other causative agents, including Agent Orange.&nbsp;</span></p> <p><span class="cls0">B. The Commissioner shall adopt rules necessary to the administration of the programs authorized by this section.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1982, c. 50, &sect; 7, emerg. eff. March 29, 1982. Amended by Laws 1988, c. 326, &sect; 37, emerg. eff. July 13, 1988.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;72357. Referral and screening functions to be discontinued under certain conditions.&nbsp;</span></p> <p><span class="cls0">If the Commissioner determines that an agency of the federal government is performing the referral and screening functions required by Section 7 of this act, the Commissioner may discontinue any program required by this act or any duty required of a physician or hospital or other medical facility under this act.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1982, c. 50, &sect; 8, emerg. eff. March 29, 1982.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;72358. Agent Orange Outreach Committee Powers and duties.&nbsp;</span></p> <p><span class="cls0">A. The Agent Orange Outreach Committee is hereby created under the direction of the Department. The Committee shall be composed of at least seven (7) members, two of whom shall be Vietnam veterans and one a Vietnam era veteran. The other members shall be health care professionals with demonstrated skills in those areas related to toxic chemical contamination. The members of the Committee shall be appointed by the Commissioner for a term of two (2) years. Members may be removed for cause and vacancies shall be filled in the same manner as provided for original appointments. The members shall receive no compensation except for reimbursement for their actual and necessary expenses as provided in the State Travel Reimbursement Act.&nbsp;</span></p> <p><span class="cls0">B. The Committee shall have the following duties:&nbsp;</span></p> <p><span class="cls0">1. To advise the Commissioner in developing and conducting an outreach program to identify and inform veterans of the possible detrimental effects of exposure to chemical defoliants or herbicides or other causative agents, including Agent Orange;&nbsp;</span></p> <p><span class="cls0">2. To obtain and disseminate medical, scientific, epidemiological and any other data on the effects of exposure to chemical defoliants or herbicides or other causative agents, including Agent Orange, by veterans;&nbsp;</span></p> <p><span class="cls0">3. To determine medical, administrative and social services available to veterans exposed to chemical defoliants or herbicides or other causative agents, including Agent Orange, and provide all necessary referral services;&nbsp;</span></p> <p><span class="cls0">4. To refer veterans to the appropriate health care professionals or medical institution for diagnosis of signs and symptoms related to exposure to chemical defoliants or herbicides or other causative agents, including Agent Orange;&nbsp;</span></p> <p><span class="cls0">5. To recommend to the Commissioner procedures for the design and implementation of an epidemiological study related to exposure to chemical defoliants or herbicides or other causative agents, including Agent Orange;&nbsp;</span></p> <p><span class="cls0">6. To coordinate activities with other states providing veterans with similar programs related to chemical defoliants or herbicides or other causative agents, including Agent Orange;&nbsp;</span></p> <p><span class="cls0">7. To determine the availability of federal and private funds to offset state expenses in assisting veterans in an outreach program; and&nbsp;</span></p> <p><span class="cls0">8. To determine the costs of travel and medical or epidemiological tests or diagnostic procedures incurred by veterans pursuant to the provisions of this act and to recommend financial compensation for any affected veteran to be provided by the Department.&nbsp;</span></p> <p><span class="cls0">The Committee may request and shall receive any necessary data or assistance of any state or local entity to carry out the duties of the Committee.&nbsp;</span></p> <p><span class="cls0">The Attorney General, at the request of the Committee, shall obtain through the Freedom of Information Act the location of veterans in Oklahoma for purposes of identifying veterans who may have been exposed to chemical defoliants or herbicides or other causative agents, including Agent Orange.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1982, c. 50, &sect; 9, emerg. eff. March 29, 1982.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;72-360. Definitions.&nbsp;</span></p> <p><span class="cls0">As used in this act:&nbsp;</span></p> <p><span class="cls0">1. "Veteran" means a person who is currently a resident of this state, who served on and after August 2, 1990, during the Gulf War in the southwest Asia theater of operations, which includes Iraq, Kuwait, Saudi Arabia, the neutral zone between Iraq and Saudi Arabia, Bahrain, Qatar, the United Arab Emirates, Oman, the Gulf of Aden, the Gulf of Oman, the Persian Gulf, the Arabian Sea, the Red Sea, and the airspace above these locations;&nbsp;</span></p> <p><span class="cls0">2. "Department" means the State Department of Health;&nbsp;</span></p> <p><span class="cls0">3. "Resident of this state" means a person who has any one of the following:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;a valid Oklahoma driver license or license for identification only,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;a motor vehicle registered within the state,&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;a valid Oklahoma voter identification card, or&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;any other valid identification as determined by the Department;&nbsp;</span></p> <p><span class="cls0">4. "Committee" means the Gulf War Syndrome Outreach Committee;&nbsp;</span></p> <p><span class="cls0">5. "Commissioner" means the State Commissioner of Health; and&nbsp;</span></p> <p><span class="cls0">6. "Board" means the State Board of Health.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1997, c. 52, &sect; 1, eff. July 1, 1997.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;72-361. Report of veterans who may have been exposed to certain causative agents during the Gulf War - Report form.&nbsp;</span></p> <p><span class="cls0">A. A physician or other qualified health care professional who has primary responsibility for treating a veteran and who believes the veteran may have been exposed to certain causative agents while serving in the Armed Forces of the United States during the Gulf War, shall, with the consent of the veteran, submit a report to the Department on a form provided by the Department. If there is no physician or other qualified health care professional having primary responsibility for treating the veteran, the hospital or other medical facility treating the veteran shall, with the consent of the veteran, submit the report to the Department.&nbsp;</span></p> <p><span class="cls0">B. The form provided by the Department to the physician or other qualified health care professional or hospital or other medical facility shall request the following information:&nbsp;</span></p> <p><span class="cls0">1. Symptoms of the veteran which may be related to exposure to causative agents during the Gulf War;&nbsp;</span></p> <p><span class="cls0">2. Diagnoses of the veteran; and&nbsp;</span></p> <p><span class="cls0">3. Methods of treatment prescribed.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1997, c. 52, &sect; 2, eff. July 1, 1997.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;72-362. Compilation, evaluation and distribution of information.&nbsp;</span></p> <p><span class="cls0">A. The Department, with the assistance of the Committee, shall compile and evaluate information received from and actions taken by the physician or other qualified health care professional, or a hospital or other health care facility, in a report to be distributed annually to the Governor, the Legislature, the Oklahoma Department of Veterans Affairs and, upon request, to other interested parties.&nbsp;</span></p> <p><span class="cls0">B. All information obtained from a veteran or individual shall be confidential and shall only be used for purposes of the study.&nbsp;</span></p> <p><span class="cls0">C. The Department may request and shall receive from any state agency such assistance and data as is necessary for the Department to implement the provisions of this act.&nbsp;</span></p> <p><span class="cls0">D. The identity of a veteran, the subject of a report made pursuant to the provisions of this act, may not be disclosed unless the veteran consents to the disclosure. Statistical information collected pursuant to this act is public information.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1997, c. 52, &sect; 3, eff. July 1, 1997.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;72-363. Privileges and immunities.&nbsp;</span></p> <p><span class="cls0">A physician or other qualified health care professional or a hospital or other medical facility, subject to this act, who complies with this act may not be held civilly or criminally liable for providing the information required by this act.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1997, c. 52, &sect; 4, eff. July 1, 1997.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;72-364. Gulf War Syndrome Outreach Committee - Powers and duties.&nbsp;</span></p> <p><span class="cls0">A. The Gulf War Syndrome Outreach Committee is hereby created under the direction of the Department. The Committee shall be composed of at least seven (7) members, two of whom shall be Gulf War veterans, one a Gulf War era veteran, and one the Director of the Oklahoma Department of Veterans Affairs, or designee, for a term commensurate with his or her term of appointment as Director. The other members shall be health care professionals with demonstrated skills in those areas related to toxic chemical and other causative agent contamination. The members of the Committee shall be appointed by the Commissioner for terms of two (2) years. Members may be removed for cause and vacancies shall be filled in the same manner as provided for original appointments. The members shall receive no compensation except for travel reimbursement for their actual and necessary expenses as provided for in the State Travel Reimbursement Act.&nbsp;</span></p> <p><span class="cls0">B. The Committee shall have the following duties:&nbsp;</span></p> <p><span class="cls0">1. To advise the Commissioner in developing and conducting an outreach program to identify and inform veterans of the possible detrimental effects of exposure to causative agents during the Gulf War;&nbsp;</span></p> <p><span class="cls0">2. To obtain and provide information, as specified in this act, on the medical, scientific, epidemiological and any other data on the effects of exposure to causative agents during the Gulf War by veterans;&nbsp;</span></p> <p><span class="cls0">3. To provide veterans with a list of the appropriate health care professionals or medical institutions for diagnosis of signs and symptoms related to exposure to causative agents during the Gulf War; and&nbsp;</span></p> <p><span class="cls0">4. To confer with other states conducting similar studies related to causative agents during the Gulf War.&nbsp;</span></p> <p><span class="cls0">The Committee may request and shall receive any necessary data or assistance of any state agency to carry out the duties of the Committee.&nbsp;</span></p> <p><span class="cls0">The Oklahoma Department of Veterans Affairs, at the request of the Committee, shall obtain through the Freedom of Information Act the location of veterans in Oklahoma who served during the Gulf War for purposes of identifying veterans who may have been exposed to causative agents during the Gulf War.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1997, c. 52, &sect; 5, eff. July 1, 1997.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;72-365. Rulemaking.&nbsp;</span></p> <p><span class="cls0">The State Board of Health shall promulgate and adopt rules necessary for the administration of the study authorized by this act.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1997, c. 52, &sect; 6, eff. July 1, 1997.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;72401. Short title.&nbsp;</span></p> <p><span class="cls0">This act may be known and cited as the "Special Disabled Veterans Employment Act".&nbsp;</span></p> <p><span class="cls0">Added by Laws 1983, c. 175, &sect; 1, emerg. eff. June 7, 1983.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;72402. Definitions.&nbsp;</span></p> <p><span class="cls0">As used in the Special Disabled Veterans Employment Act:&nbsp;</span></p> <p><span class="cls0">1. "Special disabled veterans" means those honorably discharged persons who:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;meet the criteria for war veterans as set out in Section 67.13a of this title, and&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;have a serviceconnected disability rated at thirty percent (30%) or more by the Veterans Administration or the Armed Forces of the United States, and&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;have been a resident of Oklahoma for at least one (1) year prior to the date of the examination; and&nbsp;</span></p> <p><span class="cls0">2. "Agency" means any office, department, board, commission or institution of the state government.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1983, c. 175, &sect; 2, emerg. eff. June 7, 1983. Amended by Laws 1986, c. 252, &sect; 2, eff. Nov. 1, 1986.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;72-403. Exemption from entrance examinations and hiring procedures - Probationary period - Permanent status.&nbsp;</span></p> <p><span class="cls0">A. Oklahoma state agencies are hereby authorized to employ special disabled veterans who are legal residents of the state in competitive and noncompetitive jobs. Such veterans shall be exempt from entrance examinations and hiring procedures administered by the Office of Management and Enterprise Services pursuant to Sections 840-4.12 and 840-4.13 of Title 74 of the Oklahoma Statutes.&nbsp;</span></p> <p><span class="cls0">B. Special disabled veterans hired pursuant to subsection A of this section shall be appointed for a probationary period of one (1) year, except that the appointing authority may waive in writing the remainder of the probationary period at any time after a probationary employee has served six (6) months; provided, however, that the disabled veteran and the Director of the Office of Management and Enterprise Services shall be notified in writing as to such action and the reason therefor. At the end of the probationary period and if the work of said veterans is satisfactorily performed, the veterans shall acquire permanent status.&nbsp;</span></p> <p><span class="cls0">C. Upon acquiring permanent status, special disabled veterans shall be subject to the rules and regulations of the Office of Management and Enterprise Services.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1983, c. 175, &sect; 3, emerg. eff. June 7, 1983. Amended by Laws 1993, c. 83, &sect; 1, emerg. eff. April 18, 1993; Laws 2001, c. 381, &sect; 26, eff. July 1, 2001; Laws 2012, c. 304, &sect; 656.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;72-404. Reporting names of employed special disabled veterans.&nbsp;</span></p> <p><span class="cls0">Names of special disabled veterans employed by state agencies pursuant to this act shall be reported to the Office of Management and Enterprise Services who shall record the names and report the total number of such veterans so employed in the annual report for the Office of Management and Enterprise Services required by Section 840-1.6A of Title 74 of the Oklahoma Statutes.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1983, c. 175, &sect; 4, emerg. eff. June 7, 1983. Amended by Laws 1998, c. 364, &sect; 26, emerg. eff. June 8, 1998; Laws 2012, c. 304, &sect; 657.&nbsp;</span></p> <p>&nbsp;</p> <p>&nbsp;</p> </body> </html>

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