39 | 36 | | |
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40 | 37 | | |
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41 | 38 | | |
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42 | 39 | | |
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43 | 40 | | An Act relating to militia; amending 44 O.S. 202 1, |
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44 | 41 | | Sections 21, 23, 24, 25, 45, 48, 49, 235, 241, and |
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45 | 42 | | 243, which relate to the O klahoma Military Code ; |
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46 | 43 | | clarifying personnel to staff joint forces |
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47 | 44 | | headquarters; providing for Adjutant General to |
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48 | 45 | | assign necessary persons to headquarters; clarifying |
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49 | 46 | | personnel in state military forces; providing gender- |
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50 | 47 | | neutral language; modifying eligibility crite ria for |
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51 | 48 | | Adjutant General; authorizing Governor to waive |
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52 | 49 | | certain eligibility requirements; directing certain |
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53 | 50 | | comparable rate of compensation for Adjutant General; |
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54 | 51 | | providing gender-neutral language; modifying oath of |
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55 | 52 | | office for National Guard officers; updating g ender- |
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56 | 53 | | neutral language; clarifying personnel discharge |
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57 | 54 | | procedures by the Governor as Commander in Chief; |
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58 | 55 | | authorizing certain personnel matters to be decided |
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59 | 56 | | according to customs and state and federal |
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60 | 57 | | regulations; granting supervision and control of the |
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61 | 58 | | Oklahoma National Guard Museum to the Oklahoma |
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62 | 59 | | National Guard Museum Board of Go vernors; |
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63 | 60 | | establishing membership of Board of Governors; |
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64 | 61 | | providing for membership terms; prohibiting certain |
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65 | 62 | | persons from appointment; providing for appointment |
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66 | 63 | | of vacancies; prohib iting members from certain |
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67 | 64 | | employment; directing promu lgation of rules; listing |
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68 | 65 | | specified powers and duties of Board of Governors; |
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69 | 66 | | prescribing publication of rules and regulations for |
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70 | 67 | | operation and maintenance of Oklahoma National Guard |
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71 | 68 | | Museum; providing for legal counsel b y the State |
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72 | 69 | | Judge Advocate or designee; removing reference to |
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73 | 70 | | certain regulations prescribed by the Secretary of |
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74 | 71 | | Defense; striking requirement that personnel |
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75 | 72 | | procedures be in conformity with certain laws, rules, |
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105 | 101 | | Code of Military Justice; prohibiting federal |
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106 | 102 | | officials from convening certain court-martial |
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107 | 103 | | proceedings without prior consent of the Governor; |
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108 | 104 | | requiring consent to be in writing and published by |
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109 | 105 | | Governor; authorizing Governor to reappoint certain |
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110 | 106 | | dismissed officers; providing for reappointment |
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111 | 107 | | procedures; directing Governor or Adjutant General to |
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112 | 108 | | prescribe certain regulations; prohibiting act of |
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113 | 109 | | forgery; prescribing punishment for forgery; and |
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114 | 110 | | providing an effective date . |
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115 | 111 | | |
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116 | 112 | | |
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117 | 113 | | |
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118 | 114 | | |
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119 | 115 | | BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLA HOMA: |
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120 | 116 | | SECTION 1. AMENDATORY 44 O.S. 2021, Section 21, is |
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121 | 117 | | amended to read as follows: |
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122 | 118 | | Section 21. The Military Department of the State of Oklahoma is |
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123 | 119 | | hereby established and shall be under the command and control of the |
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124 | 120 | | Governor as Commander in Chief, with the Adjutant General as the |
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125 | 121 | | executive and administrative head thereof. The Military Department |
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126 | 122 | | shall be constituted of the state military forces, as d efined by |
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127 | 123 | | Section 801 of this title, and is hereby organized into a joint |
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128 | 124 | | headquarters which shall be identified as the joint forces |
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129 | 125 | | headquarters. The joint forc es headquarters shall be jointly |
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130 | 126 | | staffed by Army National Guard and Air National Guard personnel of |
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131 | 127 | | the state military forces who, under the authority and direction of |
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132 | 128 | | the Adjutant General, shall support and assist the Adjutant Ge neral |
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133 | 129 | | in the exercise of c ommand and control over state military forces |
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134 | 130 | | when not activated for federal duty under Title 10 of the United |
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163 | 158 | | headquarters, officers, enlisted personnel , and civilian employees |
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164 | 159 | | as may be considered necessary by the Governor as Commander in Chief |
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165 | 160 | | and as may be authorized by law and Army Natio nal Guard regulations |
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166 | 161 | | and Air National Guard regulations the Adjutant General . |
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167 | 162 | | SECTION 2. AMENDATORY 44 O.S. 2021, Section 23, is |
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168 | 163 | | amended to read as follows: |
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169 | 164 | | Section 23. The Governor of the state shall be the Commander in |
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170 | 165 | | Chief of the Militia, and as such shall have supreme command o f the |
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171 | 166 | | military forces of the state while in the service of the state or |
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172 | 167 | | until they are ordered and accepted into the actual service of the |
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173 | 168 | | United States within the meaning of C lauses 15 and 16 of Secti on 8 |
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174 | 169 | | of Article I of the U nited States Constitution and Section 2 of |
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175 | 170 | | Article II of the United States Constitu tion. While in the service |
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176 | 171 | | of the state State of Oklahoma, he the Governor shall have power to |
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177 | 172 | | muster out any organization of the state military forces, discharge |
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178 | 173 | | enlisted men personnel, as provided herein, and perform such other |
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179 | 174 | | acts in keeping with the laws of the Commander in Ch ief, subject to |
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180 | 175 | | the laws of the United States and regulations prescribed by the |
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181 | 176 | | President of the United States . No armed military force from |
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182 | 177 | | another state or territory shall be permitted to enter t he state |
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183 | 178 | | without his permission of the Governor, unless such military force |
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184 | 179 | | be a part of the United States, or is acting under the authority of |
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185 | 180 | | the United States. No independent military organization, except as |
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214 | 208 | | permitted to bear arms without first secur ing permission of the |
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215 | 209 | | Commander in Chief. |
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216 | 210 | | SECTION 3. AMENDATORY 44 O.S. 2021, Section 24, is |
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217 | 211 | | amended to read as follows: |
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218 | 212 | | Section 24. A. The Adjutant General shall be appo inted by the |
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219 | 213 | | Governor, by and with the advice and consent of the Senate, and |
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220 | 214 | | shall serve at the pleasure of the Governor. |
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221 | 215 | | B. To be eligible to hold the office o f Adjutant General of |
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222 | 216 | | this state, at the time of appointment the appointee: |
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223 | 217 | | 1. Shall be a federally recognized and currently serving |
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224 | 218 | | officer of the Oklahoma National Guard and of the National Guard of |
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225 | 219 | | the United States for who is not presently retired nor has ever |
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226 | 220 | | previously retired from the National Guard and with no less than |
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227 | 221 | | three (3) years of service in the Oklahoma National Guard ; |
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228 | 222 | | 2. Shall possess at least the rank of Colone l; and |
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229 | 223 | | 3. If not already a general officer, shall be eligible for a |
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230 | 224 | | Certificate of Eligibilit y pursuant to federal law and applicable |
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231 | 225 | | regulations issued by the Chief of the National Guard Bureau . |
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232 | 226 | | C. If the Oklahoma National Guar d is in active federal ser vice |
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233 | 227 | | and no persons having the qualifications required in subsection B of |
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234 | 228 | | this section are ava ilable within the state, then the Governor may |
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235 | 229 | | appoint, subject to the advice and consent of the Senate, any |
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236 | 230 | | suitably qualified person w ho at any time in the prec eding ten (10) |
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265 | 258 | | least two (2) years in active federal service in the grade of |
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266 | 259 | | Colonel or higher pursuant to the requir ements of subsection B of |
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267 | 260 | | this section. |
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268 | 261 | | SECTION 4. AMENDATORY 44 O.S. 2021, Section 25, is |
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269 | 262 | | amended to read as follow s: |
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270 | 263 | | Section 25. A. The Adjutant General shall have the rank of |
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271 | 264 | | Major General and devote full time to the duties of the office. |
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272 | 265 | | Regardless of whether or not the Adjutant General has been |
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273 | 266 | | recognized federally at the rank of Major General at the time of |
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274 | 267 | | appointment by the Governor, the Adjutant General shall be |
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275 | 268 | | compensated at the same rate of pay and allowances afforded to a |
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276 | 269 | | Major General serving on federal Title 10 active duty with the same |
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277 | 270 | | time in grade. |
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278 | 271 | | B. The Governor may appoint Assistant Adjutants Ge neral for |
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279 | 272 | | Army and Assistant Adjutants General for Air to assist the Adjutant |
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280 | 273 | | General in the discharge and performance of his or her duties. When |
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281 | 274 | | appointing Assistant Adjutants Gene ral, the Governor shall take into |
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282 | 275 | | consideration the number of such positio ns contemplated or |
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283 | 276 | | recommended by the National Guard Bureau for manning the joint |
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284 | 277 | | forces headquarters of a state. Such Assistant Adjutants General |
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285 | 278 | | shall have the qualifications pres cribed by law for the Adjutant |
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286 | 279 | | General and shall have the rank of Brigadie r General. The Assistant |
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287 | 280 | | Adjutants General appointed by the Governor shall be considered |
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316 | 308 | | the Adjutant General, sp ecific command or supervisory authority may |
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317 | 309 | | be delegated by the Adjutant G eneral to an Assistant Adju tant |
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318 | 310 | | General but such delegation shall be accomplished in writing and |
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319 | 311 | | shall be considered a military publication, as defined in S ection |
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320 | 312 | | 801 of this title (Article 1). |
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321 | 313 | | C. Other general officers assigned to billets within the stat e |
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322 | 314 | | military forces, includin g certain billets within the joint forces |
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323 | 315 | | headquarters, shall be considered staff officers and not commanders |
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324 | 316 | | except that, in the discretion of the Adjutan t General, specific |
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325 | 317 | | command or supervisory authority may be delegated by t he Adjutant |
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326 | 318 | | General to such general officers but such delegation shall be |
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327 | 319 | | accomplished in writing and shall be considered a military |
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328 | 320 | | publication, as defined in Section 801 of this ti tle (Article 1). |
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329 | 321 | | D. The Adjutant General may employ a state employee in t he |
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330 | 322 | | position of Executive As sistant and Programs Manager for the |
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331 | 323 | | Military Department of the state. Said position shall be |
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332 | 324 | | unclassified and exempt from the O klahoma Personnel Act and the |
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333 | 325 | | Merit Rules for Employment, except leave regulations. |
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334 | 326 | | SECTION 5. AMENDATORY 44 O.S. 2021, Section 45, is |
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335 | 327 | | amended to read as follows: |
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336 | 328 | | Section 45. Oath for National Guard Officers. Each |
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337 | 329 | | commissioned officer, before entering up on the duties of his or her |
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367 | 358 | | "I .........., do solemnly swear that I will support and defend |
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368 | 359 | | the Constitution of the United States a nd the Constitution of the |
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369 | 360 | | State of Oklahoma against all enemies, foreign and domestic; that I |
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370 | 361 | | will bear true faith and allegiance to the same ; that I will obey |
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371 | 362 | | the lawful orders of the President of the United States and the |
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372 | 363 | | Governor of the State of Oklaho ma; that I make this obligation |
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373 | 364 | | freely, without any mental reservation or purpose of evasion, and |
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374 | 365 | | that I will well and faithfully discharge the dutie s of the office |
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375 | 366 | | of ......., in the National Guard of the United States and the St ate |
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376 | 367 | | of Oklahoma upon which I am about to enter, so help me God." |
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377 | 368 | | SECTION 6. AMENDATORY 44 O.S. 2021, Section 48, is |
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378 | 369 | | amended to read as follows: |
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379 | 370 | | Section 48. Enlisted men personnel discharged from service in |
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380 | 371 | | the Oklahoma National Guard of this state shall receive a discharge |
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381 | 372 | | in writing in such form and with such classification as is or shall |
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382 | 373 | | be prescribed by National Guard regulations, and in time of peace |
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383 | 374 | | discharges may be given prior to the expiration of terms of |
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384 | 375 | | enlistment in the following cases: |
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385 | 376 | | By sentence of a general court-martial; by direction of the |
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386 | 377 | | Governor on account of disability; on account of sentence of |
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387 | 378 | | imprisonment by a civil co urt whether suspended or not; on account |
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388 | 379 | | of a bona fide permanent change of residence to an other state; and |
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418 | 408 | | National Guard regulations or the Governor as Commander in Chief; |
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419 | 409 | | provided, that an enlisted man person who has not returned or |
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420 | 410 | | accounted for all of the public property for which he or she is |
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421 | 411 | | responsible, shall under no circumstances re ceive an honorable |
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422 | 412 | | discharge. |
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423 | 413 | | SECTION 7. AMENDATORY 44 O.S. 2021, Section 49, is |
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424 | 414 | | amended to read as fol lows: |
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425 | 415 | | Section 49. All matters relating to organization, commissioning |
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426 | 416 | | and discharging of officers, enlisting and discharge of enlisted men |
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427 | 417 | | personnel, discipline, and government of the National Guard, not |
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428 | 418 | | otherwise provided in this code, shall may be decided by according |
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429 | 419 | | to the customs, regulations, and usage of the United States Army or |
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430 | 420 | | the United States Air Force or National Gua rd regulations. |
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431 | 421 | | SECTION 8. AMENDATORY 44 O.S. 2021, Section 235, is |
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432 | 422 | | amended to read as follows: |
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433 | 423 | | Section 235. A. There is hereby created the Oklahoma National |
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434 | 424 | | Guard Museum, to be under the supervision and control of the |
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435 | 425 | | Oklahoma National Guard Museum Board of Governors . The Oklahoma |
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436 | 426 | | National Guard Museum Board of Governors shall consist of at least |
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437 | 427 | | five, but no more than eleven, members all of whom shall be |
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438 | 428 | | appointed by the Adjutant General and shall serve at the pleasure of |
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439 | 429 | | the Adjutant General. The Adjutant General may Each member shall be |
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469 | 458 | | their terms. No person shall be appointed to the Board of Governors |
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470 | 459 | | who is related by affinity or consanguinity within the th ird degree |
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471 | 460 | | to any person employed by the Oklahoma National Guard Museum. |
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472 | 461 | | Members of the Board of Governors shall continue in office until the |
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473 | 462 | | expiration of their terms and until their successors are appointed |
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474 | 463 | | and enter upon the duties of their offices. Any vacancy on the |
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475 | 464 | | Board of Governors resulting from any ca use shall be filled by |
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476 | 465 | | appointment by the Adjutant General for the remainder of the ter m |
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477 | 466 | | established pursuant to this subsection. |
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478 | 467 | | B. No member of the Board of Governors shall be employed by the |
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479 | 468 | | Oklahoma National Guard Museum during the time of his or her service |
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480 | 469 | | on the Board of Governors nor shall any person who served as a |
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481 | 470 | | member of the Board of Governors be employed by the Okla homa |
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482 | 471 | | National Guard Museum subsequent to his or her service on the Boar d |
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483 | 472 | | of Governors for a period of two (2) years. Members of the Board of |
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484 | 473 | | Governors may also serve simultaneously on the Board of the Oklahoma |
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485 | 474 | | National Guard Museum Foundation. |
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486 | 475 | | C. The Board of Governors shall promulgate rules and |
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487 | 476 | | regulations as necessary for the operation and maintenance of the |
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488 | 477 | | Oklahoma National Gu ard Museum. In addition to its other powers and |
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489 | 478 | | duties as herein provided, the Board o f Governors shall have the |
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519 | 507 | | 1. To organize itself by the election of a chair, vice-chair, |
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520 | 508 | | and secretary, who shall perform the duties required of them by the |
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521 | 509 | | rules and regulations, but shall not receive compensation, and to |
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522 | 510 | | provide for the time and place of meetings of the Boa rd of Governors |
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523 | 511 | | at least four times annually; |
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524 | 512 | | 2. To appoint an Executive Director to oversee of the Oklahoma |
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525 | 513 | | National Guard Museum and provi de for the employment of personnel as |
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526 | 514 | | may be necessary to carry out the daily operations and maintenance |
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527 | 515 | | of the museum and perform other duties as requested by the Adjut ant |
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528 | 516 | | General Oklahoma National Guard Museum. Appropriate state agencies |
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529 | 517 | | are directed to make available, for display of items of historical |
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530 | 518 | | significance and necess ary space for administration, the bu ildings |
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531 | 519 | | presently occupied by the Oklahoma Military Depart ment, located in |
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532 | 520 | | the vicinity of 36th Street and North Eastern in Oklahoma City, |
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533 | 521 | | Oklahoma. The building herein referred to sha ll be made available |
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534 | 522 | | by the Adjutant General as soon as same is no long er needed by and |
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535 | 523 | | is vacated by the Oklahoma Military Depar tment. The salary and |
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536 | 524 | | tenure of the Executive Director shall be established by the Boa rd |
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537 | 525 | | of Governors. The salaries and tenur e of all other personnel may be |
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538 | 526 | | established by the Board of Governors o r delegated to the Executive |
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539 | 527 | | Director for his or her deter mination; |
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569 | 556 | | 4. To approve all claims and expenditures arising from the |
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570 | 557 | | operations and maintenanc e of the Oklahoma National Guard Museum, |
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571 | 558 | | prior to the payment thereof, from appropriations made directly to |
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572 | 559 | | the Oklahoma National Guard Museum or from funds provided by the |
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573 | 560 | | Oklahoma Military Department or from funds provided by the Oklahoma |
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574 | 561 | | National Guard Museum Foundation. |
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575 | 562 | | D. The Executive Director, subject to the approval of the |
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576 | 563 | | Adjutant General Board of Governors, may lease to the 45th Infantry |
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577 | 564 | | Division Association, for periods not e xceeding one (1) year and |
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578 | 565 | | with provisions for renewal fr om year to year, an area to be use d as |
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579 | 566 | | a gift shop, if the lease does not interfere with its use by the |
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580 | 567 | | Oklahoma National Guard Museum. The proceeds of the sales from the |
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581 | 568 | | gift shop shall remain with the 45th Infantry Division Association |
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582 | 569 | | for operating purposes. |
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583 | 570 | | E. The Adjutant General sh all cause the rules and regulations |
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584 | 571 | | promulgated pursuant to subsection C of this section to be published |
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585 | 572 | | as military publications as defined in S ection 801 of this ti tle. |
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586 | 573 | | The State Judge Advocate or his or her designee shall provide legal |
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587 | 574 | | counsel and support to the Board of Governors. |
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588 | 575 | | SECTION 9. AMENDATORY 44 O.S. 2021, Section 241, is |
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589 | 576 | | amended to read as follows: |
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620 | 606 | | Defense may prescribe for discipline in training, is hereby |
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621 | 607 | | authorized to enlist, orga nize, maintain, equip and discipline such |
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622 | 608 | | military forces other than the Nat ional Guard as he or she may deem |
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623 | 609 | | necessary to defend the state. Such forces s hall be uniformed and |
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624 | 610 | | subject to Sections 1 through 117, Sections 208 through 237, and |
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625 | 611 | | Sections 800 through 946 of this title, insofar as such sections do |
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626 | 612 | | not conflict with Sect ions 241 through 250 of this title. |
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627 | 613 | | SECTION 10. AMENDATORY 44 O.S. 2021, Section 243, is |
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628 | 614 | | amended to read as follows: |
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629 | 615 | | Section 243. A. The Governor is here by authorized to prescribe |
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630 | 616 | | rules and regulations governing the enlistment, o rganization, |
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631 | 617 | | administration, equipment, discipline and discharge of the personn el |
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632 | 618 | | of such military forces; to requisition from the Secretary of |
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633 | 619 | | Defense such arms and equipment as m ay be in the possession of and |
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634 | 620 | | can be spared by the Department of Defense an d to extend thereto the |
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635 | 621 | | facilities of state armories, Armed Forces Reserve Cent ers, |
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636 | 622 | | readiness centers, logistics, aviation, and training facilities, |
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637 | 623 | | warehouses and their equipment and such other state premises and |
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638 | 624 | | property as may be available for the purpo se of drill and |
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639 | 625 | | instruction. Insofar as applicable the procedure for the |
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640 | 626 | | enlistment, organization, pay, maintenance, equipment and |
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671 | 656 | | in the Oklahoma State Guard shall not receive any compensation or |
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672 | 657 | | monetary allowances from the state e xcept when activated for state |
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673 | 658 | | active duty, as defined in Section 801 of thi s title, by order of |
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674 | 659 | | the Governor. |
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675 | 660 | | B. Members of the Oklahoma State Guard shal l be considered part |
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676 | 661 | | of state military forces as defined in Section 801 of this title and |
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677 | 662 | | shall be subject to the Oklahoma Uniform Code of Military Justice. |
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678 | 663 | | C. When prescribing the rules and regulation s governing |
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679 | 664 | | enlistment, organization, administration, equipment, discipline and |
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680 | 665 | | discharge of the personnel of the Oklahoma State Guard, the Governor |
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681 | 666 | | shall issue such rules and regulations in the form of an executive |
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682 | 667 | | order or in a series of such orders. An executive order or a series |
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683 | 668 | | of such orders prescribin g the rules and regulations governing |
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684 | 669 | | enlistment, organization, administration, equipment, discipline and |
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685 | 670 | | discharge of the personnel of the Oklahoma State Guard shall also be |
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686 | 671 | | published by the Adjutant G eneral as a military publication. |
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687 | 672 | | SECTION 11. AMENDATORY 44 O.S. 2021, Section 821, is |
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688 | 673 | | amended to read as follows: |
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689 | 674 | | Section 821. RESERVED. ARTICLE 21. Convening of court-martial |
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690 | 675 | | by federal officials . |
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722 | 706 | | a court-martial proceeding pursuant to the Oklahoma Military Code |
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723 | 707 | | unless prior consent has been granted by the Governor. Such |
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724 | 708 | | consent, if granted by the Governor, shall be accom plished in |
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725 | 709 | | writing and shall be published by the Governor. |
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726 | 710 | | SECTION 12. AMENDATORY 44 O.S. 2021, S ection 875, is |
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727 | 711 | | amended to read as foll ows: |
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728 | 712 | | Section 875. ARTICLE 75. Restoration. |
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729 | 713 | | A. Under such regulations as the Adjutant General may |
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730 | 714 | | promulgate, all rights, privileges, and property affected by an |
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731 | 715 | | executed part of a court-martial sentence which has be en set aside |
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732 | 716 | | or disapproved, except an executed dismissal or discharge, shall be |
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733 | 717 | | restored unless a new trial or rehearing is ordered and su ch |
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734 | 718 | | executed part is included in a sentence imposed upon the new trial |
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735 | 719 | | or rehearing. |
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736 | 720 | | B. If a previously executed sent ence of dishonorable or bad- |
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737 | 721 | | conduct discharge is not imposed on a new trial, the Adjutant |
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738 | 722 | | General shall substitute therefor a form of disch arge authorized for |
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739 | 723 | | administrative issuance unless the accused is to serve ou t the |
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740 | 724 | | remainder of his or her enlistment . |
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773 | 756 | | United States Code and any applicable regulations prescribed |
---|
774 | 757 | | thereunder by the President of the United States or the Secretary |
---|
775 | 758 | | concerned solely by the Governor to such commissioned grade and wit h |
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776 | 759 | | such rank as in the opinion of the Governor that former officer |
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777 | 760 | | would have attained had he or she not been dismissed. The |
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778 | 761 | | reappointment of such a former officer shall be without regard to |
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779 | 762 | | the existence of a vacanc y and shall affect the promotion status of |
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780 | 763 | | other officers only insofar as the Governor may direct. All time |
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781 | 764 | | between the dismissal and the reappointment shall be considere d as |
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782 | 765 | | actual service for all purposes, including the right to pay and |
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783 | 766 | | allowances. |
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784 | 767 | | D. The Governor or Adjutant General shall prescribe |
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785 | 768 | | regulations, with such limitat ions as the Governor or Adjutant |
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786 | 769 | | General considers appropriate, governing eligibility for pay and |
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787 | 770 | | allowances for the period after the date on which an executed part |
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788 | 771 | | of a court-martial sentence is set aside. |
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789 | 772 | | SECTION 13. AMENDATORY 44 O.S. 2021, Section 905, is |
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790 | 773 | | amended to read as follows: |
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791 | 774 | | Section 905. RESERVED. ARTICLE 105. Forgery. |
---|
823 | 805 | | liability on another or change hi s or her legal right or liability |
---|
824 | 806 | | to his or her prejudi ce; or |
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825 | 807 | | 2. Utters, offers, issues, or transfers such a writing, known |
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826 | 808 | | by him or her to be so made or altered, |
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827 | 809 | | is guilty of forgery and shall be punished as a court-martial may |
---|
828 | 810 | | direct. |
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829 | 811 | | SECTION 14. This act shall become effective November 1, 2022. |
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