Title 44 — Title 44 — Militia

44 O.S. § 3399 Repealed by Laws 2019, c. 408, § 217, eff. Oct. 1, 2019

If any clause, sentence, paragraph, provision, or part of this act be adjudged by any court of competent jurisdiction to be unconstitutional or otherwise invalid, such shall not affect, impair or invalidate the remainder thereof, but shall be confined to the clause, sentence, par…

44 O.S. § 4000 Repealed by Laws 2019, c. 408, § 217, eff. Oct. 1, 2019

44 O.S. § 4001 Repealed by Laws 2019, c. 408, § 217, eff. Oct. 1, 2019

44 O.S. § 4002 Repealed by Laws 2019, c. 408, § 217, eff. Oct. 1, 2019

The Militia of the State of Oklahoma shall consist of all able- bodied citizens of the United States and all other able-bodied persons who shall be or shall have declared their intentions to become citizens of the United States, who shall be more than seventeen (17) years of age …

44 O.S. § 42 Repealed by Laws 2011, c. 124, § 13, eff. Nov. 1, 2011

No person shall be commissioned as an officer of the National Guard who is under the age of eighteen (18) years and is not temperate and of good morals, and unless he or she shall have successfully passed such tests as to his or her physical, mental, and professional fitness as m…

Reemployment Rights Act. Sections 2 through 24 of this act shall be known and may be cited as the "Oklahoma Uniformed Services Employment and Reemployment Rights Act". The Oklahoma Uniformed Services Employment and Reemployment Rights Act shall be applicable to members of the sta…

The purposes of the Oklahoma Uniformed Services Employment and Reemployment Rights Act are: 1. To encourage noncareer service in the state military forces by eliminating or minimizing the disadvantages to civilian careers and employment which can result from such service; 2. To m…

A. Nothing in the Oklahoma Uniformed Services Employment and Reemployment Rights Act shall be construed to supersede, nullify or diminish any federal law or state law, including any county or municipal law or ordinance, contract, agreement, policy, plan, practice or other matter …

As used in the Oklahoma Uniformed Services Employment and Reemployment Rights Act: 1. "Adjutant General" shall be defined in accordance with Section 801 of Title 44 of the Oklahoma Statutes; 2. "Benefit", "benefit of employment", or "rights and benefits" means the terms, conditio…

A person's entitlement to the benefits of the Oklahoma Uniformed Services Employment and Reemployment Rights Act due to the person's service in the state military forces terminates upon any of the following events: 1. A separation of the person from the state military forces with…

A. A person who is a member of, applies to be a member of, performs, has performed, applies to perform, or has an obligation to perform service in the state military forces shall not be denied initial employment, reemployment, retention in employment, promotion, or any benefit of…

A. Subject to subsections B, C and D of this section and subject to Section 6 of this act, any person whose absence from a position of employment is necessitated by reason of service in the state military forces shall be entitled to the reemployment rights and benefits and other …

Reemployment. A. Subject to subsection B of this section for any employee, and Sections 10 and 11 of this act for an employee of a state government or a political subdivision thereof, a person who is entitled to reemployment under Section 8 of this act, upon completion of a perio…

the Office of Management and Enterprise Services duties. A. Except as provided in subsections B, C and D of this section, if a person is entitled to reemployment by the state government under Section 8 of this act, he or she shall be reemployed in a position of employment as desc…

ensuring rights apply to employees. A. The administrator of each state agency or political subdivision shall prescribe procedures for ensuring that the rights under the Oklahoma Uniformed Services Employment and Reemployment Rights Act apply to the employees of the state agency o…

and benefits. A. A person who is reemployed under the Oklahoma Uniformed Services Employment and Reemployment Rights Act is entitled to the seniority and other rights and benefits determined by seniority that he or she had on the date of the commencement of service in the state m…

A. 1. In any case in which a person or his or her dependents have coverage under a health plan in connection with the person's position of employment, including a group health plan as defined in Section 607(1) of the federal Employee Retirement Income Security Act of 1974, and th…

entity - Applicability to foreign employer. A. Liability of controlling Oklahoma employer of foreign entity. If an employer controls an entity that is incorporated or otherwise organized in a foreign country, any denial of employment, reemployment, or benefit by such entity shall…

The Commissioner of Labor shall provide assistance to any person regarding the employment and reemployment rights and benefits which the person is entitled to under the Oklahoma Uniformed Services Employment and Reemployment Rights Act. In providing assistance, the Commissioner m…

A. A person who claims that: 1. He or she is entitled under the Oklahoma Uniformed Services Employment and Reemployment Rights Act to employment or reemployment rights or benefits with respect to employment; and 2. a. His or her employer has failed or refused, or is about to fail…

A. Action for relief. 1. A person who receives from the Commissioner of Labor a notification pursuant to subsection E of Section 16 of this act of an unsuccessful effort to resolve a complaint relating to a state government employer may request that the Commissioner refer the com…

A. In any investigations pursuant to the Oklahoma Uniformed Services Employment and Reemployment Rights Act: 1. Duly authorized representatives of the Commissioner of Labor shall, at all reasonable times, have reasonable access to and the right to interview persons with informati…

- Inapplicability of statutes of limitations. A. Effect of noncompliance of state officials with deadlines. 1. The inability of the Commissioner of Labor or a district attorney to comply with a deadline applicable to such official under Section 16 or 17 of this act shall not: a. …

A. The Commissioner of Labor, in consultation with the Adjutant General, may prescribe regulations implementing the provisions of the Oklahoma Uniformed Services Employment and Reemployment Rights Act as it applies to state government, political subdivisions, and private employer…

A. Annual report by the Commissioner of Labor. The Commissioner shall, after consultation with the district attorney to whom a complaint pursuant to the Oklahoma Uniformed Services Employment and Reemployment Rights Act has been referred, transmit to the Committee on Veterans and…

obligations. The Commissioner of Labor, Adjutant General, and Executive Director of the Oklahoma Department of Veterans Affairs shall take such actions as they determine to be appropriate to inform persons entitled to rights and benefits under the Oklahoma Uniformed Services Empl…

by employer. A. Requirement to provide notice. Each employer shall identify their employees who are members of the state military forces and provide them with a notice of the rights, benefits, and obligations of employees and employers subject to the Oklahoma Uniformed Services E…

subdivisions. A. Training required. The administrator of each state agency and political subdivision shall provide training for the human resources personnel of the agency or political subdivision on the following: 1. The rights, benefits, and obligations provided in the Oklahoma…

2010.

Oath for National Guard Officers. Each commissioned officer, before entering upon the duties of his office, shall take and subscribe to the following oath, or such other oath as may be required by National Guard Regulations: "I .........., do solemnly swear that I will support an…

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

- Relinquishment of custody of minor child. A. Enlistments in the National Guard. Hereafter, the period of enlistment in the National Guard of this state shall be for three (3) years or such other time as prescribed by National Guard regulations, and the qualifications for enlist…

Enlisted men discharged from service in the National Guard of this state shall receive a discharge in writing in such form and with such classification as is or shall be prescribed by National Guard regulations, and in time of peace discharges may be given prior to the expiration…

All matters relating to organization, commissioning and discharging of officers, enlisting and discharge of enlisted men, discipline, and government of the National Guard, not otherwise provided in this code, shall be decided by the customs, regulations, and usage of the United S…

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

2010.

The Governor may appoint an honorary staff to consist of such number of honorary aides with the brevet title of Colonel, Lieutenant Colonel or Major, as he may desire. All of these staff officers shall be appointed by the Governor and hold office at his will and their commissions…

attendance - Drills, exercises, etc. It shall be the duty of each commissioned officer and enlisted person of the Oklahoma National Guard to be present and perform all the duties required of him or her at each assembly for drill and instruction, encampment, maneuvers or other exe…

It shall be the duty of the Governor, and he or she is authorized and required, in case of war, invasion, insurrection, or breach of the peace or imminent danger thereof or any forcible obstructing of the execution of the laws or reasonable apprehension thereof, or an imminent or…

In the event of insurrection, rebellion, invasion, tumult, riot, resistance to law or process or breach of the peace, occurring in the vicinity of the station of any organization or organizations of the National Guard of Oklahoma whenever the exigencies of the situation are such …

The Adjutant General is authorized to make and publish policy to determine the amount of compensation and benefits for members of the Oklahoma National Guard serving in active service of the state and prescribe the applicable rules and procedures. Added by Laws 1951, p. 118, art.…

Officers and/or enlisted men who suffer injuries or contract disease, in line of duty, while on duty or in active service, shall receive hospitalization and medical treatment, and the pay and allowances of their grade during the period that they are unable to resume their civilia…

The Adjutant General is hereby authorized to administer, determine eligibility and expend state funds appropriated by the Legislature for payment/reimbursement of insurance premiums to provide coverage up to the amount of Two Hundred Fifty Thousand Dollars ($250,000.00) under Ser…

Sections 800 through 946 of this title shall be known and may be cited as the "Oklahoma Uniform Code of Military Justice". With the Oklahoma Uniform Code of Military Justice, good order and discipline shall be established and safeguarded within state military forces pursuant to S…

ARTICLE 1. Definitions. A. As used in the Oklahoma Uniform Code of Military Justice, unless the context otherwise requires: 1. "Accuser" means a person who signs and swears to charges, any person who directs that charges nominally be signed and sworn to by another, and any other …

Justice. ARTICLE 2. Persons subject to the Oklahoma Uniform Code of Military Justice. A. The Oklahoma Uniform Code of Military Justice applies to all members of the state military forces at all times who are not in active federal service, as defined by Title 10 of the United Stat…

ARTICLE 3. Jurisdiction to try certain personnel. A. Each person discharged from the state military forces who is later charged with having fraudulently obtained a discharge is, subject to Section 904A of this title, subject to trial by court- martial on that charge and is, after…