0 chapters · 282 sections in this title.
44 O.S. § 1 Short title
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This act shall be known, and may be cited as, "The Oklahoma Military Code." Laws 1951, p. 114, art. 1, § 1, eff. May 16, 1951.
44 O.S. § 111 Public property - Liability of commanding officer -
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Liability of person responsible for loss, damage or destruction - Apprehension and prosecution of persons absconding. (a) The officer in permanent or temporary command of a station is responsible for the security of all public property of the command, whether in use or in store, …
44 O.S. § 112 Suits for recovery of property
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Suits for the recovery of any property mentioned in this code or for the value thereof of damages thereto, may be brought in any court of competent jurisdiction in this state in the name of the State of Oklahoma, and the Attorney General of the state is directed to file such suit…
44 O.S. § 113 Seizure and report of property illegally possessed, etc
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Officers must report illegal disposition of property. All civil peace officers, all commissioned and noncommissioned officers of the National Guard are enjoined to seize immediately all military property found in the possession of any person who is not the legal custodian or owne…
44 O.S. § 114 Accounts - Settlement
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Settlement of Accounts. No bills or accounts shall be made by any officer or enlisted man with a view of their being paid by the State of Oklahoma unless such expenditure is expressly authorized by the laws of this state or is authorized by the Adjutant General. No accounts will …
44 O.S. § 115 Bond of officers accountable for or receiving military
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property. Each officer to whom there shall be issued, or who shall be accountable for arms, equipment, uniform, and any other state or United States property for military uses, or who shall have the control, custody, or disbursement of funds as provided for in this code shall, be…
44 O.S. § 116 Accounting by officer before receiving payments
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No further payment shall be made under any provision of this code to the accountable officer of any organization or unit who does not fully and satisfactorily account to the Adjutant General for all monies, theretofore paid, or property issued, to him under any provision of this …
44 O.S. § 117 Issue and use of property
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Federal property loaned to the state for use of the National Guard or other purposes will be issued and accounted for in the manner prescribed by National Guard regulations or other pertinent federal directives. State property will be issued and accounted for in the manner prescr…
44 O.S. § 192 Rules and procedures for establishing and awarding medals
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ribbons, and certificates. The Adjutant General is authorized to establish, design and award, without regard to military status, state military medals, ribbons, certificates, or any other awards or decorations and prescribe by policy the applicable rules and procedures. Added by …
44 O.S. § 208 Discrimination against officers or enlisted members -
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Places of entertainment or amusement - Discharge or hindrance of duties by employers. No person shall discriminate against any officer or enlisted member of the National Guard or Civil Air Patrol or a judge carrying out his or her duties as a member of the Military Court of Appea…
44 O.S. § 208.1 Civil law protections - Servicemembers Civil Relief Act
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Except where state law may provide additional or superior protections, the civil law protections established in the federal Servicemembers Civil Relief Act, 50 U.S.C., Section 3901 et seq., shall be adopted as state law and applied to members of the state military forces when suc…
44 O.S. § 209 Leave of absence to public officers and employees
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All officers and employees of the state or a political subdivision thereof who are not members of the state military forces shall be entitled to a leave of absence from their regular employment with the State of Oklahoma or a political subdivision thereof, without loss of status …
44 O.S. § 21 Military Department
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The Military Department of the State of Oklahoma is hereby established and shall be under the command and control of the Governor as Commander in Chief, with the Adjutant General as the executive and administrative head thereof. The Military Department shall be constituted of the…
44 O.S. § 21.1 Personnel - Unclassified service
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A. Personnel appointed as state employees in the Military Department shall be in the unclassified service of the state. The Adjutant General may grant leave to state civilian employees consistent with the rules governing the federal workforce in support of the National Guard. B. …
44 O.S. § 210 Assault on member or body of National Guard or person
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assisting them. Whenever the National Guard is called into service under proclamation of the Governor for the performance of any duties contemplated in this act, any person who willfully assaults, or fires at, or throws any dangerous missile at, against, or upon any member or bod…
44 O.S. § 211 Martial law - Arrests and subpoenas
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Troops occupying a military district established under martial law, may, if necessary, pursue, arrest and subpoena persons wanted in said military district, anywhere within the State of Oklahoma. Laws 1935, p. 92, § 7, eff. April 19, 1935.
44 O.S. § 212 Deadly force – Immunity from personal liability
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Any officer or enlisted person of the state military forces acting in the line of duty shall be immune from personal liability for any acts that include the use of deadly force in self-defense or in defense of another person from what the member reasonably believes is the imminen…
44 O.S. § 213 Exemption from taxation of military property - Free use of
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municipally owned public utilities. All personal and real property held and used for armory or military purposes shall be exempt from taxation; and it shall be lawful for any county or city or town which owns public utilities to grant to any organization or unit of the National G…
44 O.S. § 218 Acceptance or purchase of title to real estate
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The Adjutant General, with the approval of the Governor, is authorized to accept or purchase, for and in the name of the State of Oklahoma, acting as trustee for the Oklahoma National Guard, title to parcels of real estate. Added by Laws 1931, p. 77, § 1, eff. April 24, 1931. Ame…
44 O.S. § 219 State not to be financially responsible
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The State of Oklahoma, in so accepting and holding the said parcel or parcels of real estate, shall incur no financial responsibility or liability. Laws 1931, p. 77, § 2, eff. April 24, 1931.
44 O.S. § 22 Administration of military matters
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All matters concerning or relating to the Militia, the National Guard, or other military organizations, and such other duties as may be assigned by the Governor, shall be administered by and through the Military Department. Laws 1951, p. 114, art. 2, § 2, eff. May 16, 1951.
44 O.S. § 220 Building and loan association loans authorized
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Building and loan associations doing business in the State of Oklahoma may negotiate loans on such real estate, secured by mortgages thereon, under the same conditions and terms and with the same right and power of foreclosure as upon other real estate, but no judgment therein sh…
44 O.S. § 221 Provisions for National Guard when in service
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The Adjutant General shall provide such subsistence and expenses for the National Guard when in active service, as may be ordered by the Commander in Chief. R.L. 1910, § 3905.
44 O.S. § 223 Privilege from arrest
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Active members of the National Guard shall be privileged from arrest during their attendance at drills, parades, inspections, encampments, and while on active duty, and in going to and returning from the same, except in cases of treason, felony and breaches of the peace. R.L. 191…
44 O.S. § 224 Misdemeanor to interfere with Militia
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Any person who shall willfully and unnecessarily interfere with the Militia or any part thereof while on drill, parade, or in the performance of any military duty, shall be guilty of a misdemeanor: Provided, the funeral processions, carriage of the United States mail, legitimate …
44 O.S. § 227 Architect - Selection - Contract by Adjutant General
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The architect for the construction of the facilities of the National Guard of the State of Oklahoma shall be selected by a board appointed by the Adjutant General of the State of Oklahoma to be named the Architect Selection Board. The Architect Selection Board shall be comprised …
44 O.S. § 228 Deed or lease by county commissioners to Adjutant General
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The board of county commissioners of any county in the state is hereby authorized to convey title by deed, or lease for a term of years, any lands and buildings belonging to or under the control of the county which are not needed for county purposes, to the Adjutant General actin…
44 O.S. § 229 Authorizing to order National Guard beyond borders of
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state - Law governing - Jurisdiction. The Governor is authorized to order the National Guard, or any part thereof, beyond the borders of the state, for the purpose of participating in any encampment, maneuvers or field instruction and for such other training or service as may be …
44 O.S. § 23 Governor as Commander in Chief - Powers - Armed military
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forces from other state or territory - Independent military organizations. The Governor of the state shall be the Commander in Chief of the Militia, and as such shall have supreme command of the military forces of the state while in the service of the state or until they are orde…
44 O.S. § 230 Police officers (OMD) - Powers and duties
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A. The Adjutant General of the State of Oklahoma is hereby authorized to appoint such officers as are necessary to be designated as police officers (OMD), for the purpose of protecting all properties of, owned by or under the control of the Oklahoma National Guard wherever locate…
44 O.S. § 231 Assisting in drug interdicton and counter drug activities
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- National Guard volunteers to be requested by Governor. A. The Governor may request volunteers of the National Guard to provide assistance to federal, state and local law enforcement officers, within or outside the boundaries of this state, in drug interdiction and counter drug …
44 O.S. § 231a Fire protection agreements
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A. The Adjutant General, pursuant to authority granted under 42 U.S.C. Section 1856a and applicable Army, Air Force or National Guard regulations, may enter into a reciprocal agreement with any city, county, town or municipal corporation or agency of the State of Oklahoma maintai…
44 O.S. § 231b Protection of assets vital to national security
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A. Subject to the conditions and limitations established in regulations promulgated by the Governor, the state military forces may use all appropriate means necessary to protect assets vital to national security classified as such pursuant to the rules, regulations or instruction…
44 O.S. § 232 Youth programs
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A. Pursuant to rules promulgated by the Adjutant General of the State of Oklahoma, the Oklahoma Military Department is authorized to establish and operate youth programs utilizing National Guard or state-owned facilities, state-owned vehicles and civilian or National Guard person…
44 O.S. § 232.1 Contracts to lease or rent facilities
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A. The Adjutant General is authorized to enter into contracts to lease or rent facilities. The Adjutant General is authorized to waive all charges or fees, or any portion thereof, for use of facilities by a charitable organization when such use is in support of civil authorities …
44 O.S. § 232.2 Use and operation
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The Adjutant General shall promulgate rules and regulations for the use and operation of armories, buildings, and other facilities under control of the Military Department. The Adjutant General is authorized to expend monies for the sustainment, restoration, and modernization of …
44 O.S. § 232.3 Armory boards
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Each National Guard armory shall be supervised by an armory board consisting of three or more persons appointed by the Adjutant General. Added by Laws 1951, p. 123, § 3, emerg. eff. May 16, 1951. Amended by Laws 1971, c. 134, § 1; Laws 1973, c. 32, § 1, emerg. eff. April 20, 1973…
44 O.S. § 232.4 Rules and regulations for use and oversight of
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facilities. The Adjutant General or a representative may establish and proscribe by policy the applicable rules and regulations for the use and operation, management, rental, and fiscal oversight for facilities owned or controlled by the Military Department. Added by Laws 1951, p…
44 O.S. § 233.10 Purchase of replacement commercial funds
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The Oklahoma Military Department is hereby authorized to purchase commercial vehicles to replace commercial vehicles deemed unserviceable by the Adjutant General from funds appropriated for maintenance operations or specially authorized and appropriated for this purpose. Laws 199…
44 O.S. § 233.10a Authority to purchase information technology
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The Military Department of the State of Oklahoma may purchase information technology including, but not limited to, computer hardware or software, or any services related to software development, software modifications, or any other services related to the operation and maintenan…
44 O.S. § 233.11 Contracts for professional services
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The Oklahoma Military Department is hereby authorized to enter into agreements and contracts with licensed individuals, partnerships, corporations or firms for professional services for the development of designs, plans, and specifications, and further, the construction, renovati…
44 O.S. § 233.12 Qualifying federal programs to be regarded as
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individual purchasing entities. For the determination of compliance with limits set forth in the Oklahoma Central Purchasing Act, each federal program administered by the Military Department of the State of Oklahoma shall, if the agency has a Certified Procurement Officer assigne…
44 O.S. § 233.13 Authority to purchase products through a General
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Services Administration contract. Notwithstanding any other provision of law, the Military Department of the State of Oklahoma shall be authorized to purchase products which are available through a General Services Administration contract. Such products shall not be required to b…
44 O.S. § 233.14 Military Justice Revolving Fund
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There is hereby created in the State Treasury a revolving fund for the Oklahoma Military Department to be designated the "Military Justice Revolving Fund". The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all monies directed for de…
44 O.S. § 233.2 Agreement with United States
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A. The Adjutant General is hereby authorized and directed to enter into, in the name of the state, and to take all actions necessary to execute the terms of a National Guard armory building construction or expansion, rehabilitation or conversion of existing building agreements wi…
44 O.S. § 233.3 Construction contracts - Sale, disposition, demolition
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or transfer of property - Proceeds. A. The Adjutant General or a representative of the State of Oklahoma is hereby authorized and directed to enter into contracts in the name of the state for the purpose of this title and shall: 1. Result in contracts awarded to the lowest and be…
44 O.S. § 233.5 Conveyance of sites by political subdivisions
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The governing body of any school district, town, city, county or any other political subdivision of state government is hereby authorized to convey to this state, title or other adequate property interest to acceptable and suitable real estate under its control and proper jurisdi…
44 O.S. § 233.7 Oklahoma Military Department Revolving Fund
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There is hereby created in the State Treasury a revolving fund for the Oklahoma Military Department to be designated the "Oklahoma Military Department Revolving Fund". The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of any monies rec…
44 O.S. § 235 Creation of Oklahoma National Guard Museum
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There is hereby created the Oklahoma National Guard Museum, to be under the supervision of the Adjutant General. The Adjutant General may appoint an Executive Director to oversee the daily operations and maintenance of the museum and perform other duties as requested by the Adjut…
44 O.S. § 235.1 Oklahoma National Guard Museum Fund
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There is hereby created in the State Treasury a special fund to be known as the "Oklahoma National Guard Museum Fund", which fund shall consist of donations received for operation and maintenance of the museum and monies received from the sale of Armed Forces Veterans Motorcycle …