Title 44, Title 44 — Militia

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

A. The Military Department of the State of Oklahoma shall create the Oklahoma National Guard Relief Program. The program is created for the purpose of providing financial support to members of the Oklahoma National Guard. B. A review board shall be created for purposes of accepti…

A. The Military Department of the State of Oklahoma shall create the Oklahoma Tricare Reserve Select Reimbursement Program. B. In this section, "eligible recipient" means an individual who is: 1. Eligible for, and currently enrolled in, Tricare Reserve Select; 2. A member of the …

Penalties. A. For purposes of this section: 1. "Compensation" means any money, thing of value, or economic benefit conferred on, or received by, any person in return for services rendered, or to be rendered, by himself or herself or another; 2. "Veterans' benefits matter" means p…

A. The Adjutant General shall be appointed by the Governor, by and with the advice and consent of the Oklahoma State Senate, and shall serve at the pleasure of the Governor. B. To be eligible to hold the office of Adjutant General of this state, at the time of appointment, the ap…

Penalties. The co-located readiness and joint operating center facilities constructed by the Military Department or on behalf of the Military Department shall be named the "Benjamin T. Walkingstick National Guard Complex". Added by Laws 2025, c. 344, § 17, eff. Nov. 1, 2025. NOTE…

The Governor, pursuant to the authority granted the states by Section 109 of Title 32 of the United States Code or a successor provision, and under such regulations as the Secretary of Defense may prescribe for discipline in training, is hereby authorized to enlist, organize, mai…

Place of service. Such military forces shall be designated as the "Oklahoma State Guard" and shall be composed of officers commissioned or assigned, and such able-bodied male citizens of the state as shall volunteer for service therein. They shall be additional to and distinct fr…

and allowance. A. The Governor is hereby authorized to prescribe rules and regulations governing the enlistment, organization, administration, equipment, discipline and discharge of the personnel of such military forces; to requisition from the Secretary of Defense such arms and …

authorized - No exemption from military service. Nothing in the Oklahoma State Guard Act shall be construed as authorizing such forces, or any part thereof to be called, ordered or in any manner drafted, as such into the military service of the United States, but no person shall …

No person shall be commissioned or enlisted in such forces who has been expelled or dishonorably discharged from any military organization of this state, or of another state, or of the United States. Added by Laws 1941, p. 170, § 5, emerg. eff. June 4, 1941. Amended by Laws 2010,…

The oath to be taken by officers commissioned in such forces shall be substantially in the form prescribed for officers of the National Guard, substituting the words "Oklahoma State Guard" where necessary. Laws 1941, p. 171, § 6, emerg. eff. June 4, 1941.

No person shall be enlisted for more than one (1) year, but such enlistment may be renewed. The oath to be taken upon enlistment in such forces shall be substantially in the form prescribed for enlisted members of the National Guard, substituting the words "Oklahoma State Guard" …

comitatus. No officer or enlisted person of the Oklahoma State Guard shall be arrested on any warrant, except for treason or felony, while going to, remaining at, or returning from a place where he or she is ordered to attend for military duty. Every officer and enlisted member o…

A. The Adjutant General shall have the rank of Major General and devote full time to the duties of the office. Regardless of whether or not the Adjutant General has been recognized federally at the rank of Major General at the time of appointment by the Governor, the Adjutant Gen…

This act shall be known and may be cited as the "Oklahoma State Guard Act". Added by Laws 1941, p. 171, § 10, emerg. eff. June 4, 1941. Amended by Laws 2019, c. 408, § 212, eff. Oct. 1, 2019.

A. The Adjutant General shall be in control of the Military Department of the State of Oklahoma, subordinate only to the Governor. Within the limitations and under the provisions of law, he or she shall supervise and direct the Oklahoma National Guard within the service of the st…

The Adjutant General may receive financial donations and expend such donated funds or utilize state appropriated funds for mementos, presentations or participation in events designed to promote the interests and relationships of the Military Department or Oklahoma National Guard,…

justice information in administrative or court-martial actions. The Adjutant General or the Adjutant General's designee may request from a district attorney or law enforcement agency confidential criminal justice information relating to the member of the National Guard for use in…

The Adjutant General and Assistant Adjutants General shall be paid a sum equivalent to the pay of his/her federally recognized rank, exclusive of allowances. Other officers and enlisted men and employees of the Department shall be paid in amounts fixed by the Adjutant General and…

A. The provisions of this section shall not be operative and no payments shall be made from the Oklahoma National Guard Supplemental Retirement Pay Revolving Fund created in Section 19 of this act until November 1, 2027. B. The provisions of this section shall only be applicable …

Revolving Fund. There is hereby created in the State Treasury a revolving fund for the Oklahoma Military Department to be designated the "Oklahoma National Guard Supplemental Retirement Pay Revolving Fund". The fund shall be a continuing fund, not subject to fiscal year limitatio…

There is hereby created a petty cash fund for programs of the Oklahoma Military Department, including but not limited to billeting funds, youth programs and military awards and decoration programs, the sum of which shall be determined as agreeable to the Oklahoma Military Departm…

When an act or law of the State of Oklahoma, not repealed herein, shall refer to any act or any section of any law which is repealed herein, such reference shall be deemed to refer to the section or sections of this act covering the same subject matter. Laws 1951, p. 114, art. 1,…

Revolving Fund — Schools Program. A. There is hereby created in the State Treasury a revolving fund for the Oklahoma Military Department to be designated the "Base Infrastructure Needs and Development - Schools Revolving Fund", which may also be cited as "BIND – Schools Fund". Th…

Revolving Fund — Technology Program. A. There is hereby created in the State Treasury a revolving fund for the Oklahoma Military Department to be designated the "Base Infrastructure Needs and Development - Technology Revolving Fund", which may also be cited as "BIND – Technology …

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…

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 …

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…