Req. No. 3346 Page 1 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
SENATE BILL 1334 By: Hamilton
AS INTRODUCED
An Act relating to the Oklahoma National Guard;
establishing the Defend the Guard Act; defining
terms; requiring an official dec laration of war or an
action to call forth the state militia by the United
States Congress before members of the Oklahoma
National Guard may be released from state control to
participate in active duty combat; providing for
codification; and providing an e ffective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 72.1 of Titl e 44, unless there
is created a duplication in numbe ring, reads as follows:
A. This section shall be known and may be cited as the “Defend
the Guard Act”.
B. For the purposes of this section:
1. “Active duty combat” means performing the following servic es
in the active federal military service of the Uni ted States:
a. participation in an armed conflict,
b. performance of a hazardous service in a foreign state,
or
Req. No. 3346 Page 2 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
c. performance of a duty through an instrumentality of
war; and
2. “Official declaration of war” means an official declaration
of war made by the United States Congress pursuant to Article I,
Section 8, Clause 11 of the United States Constitution.
C. Notwithstanding any other provision of this code, the
Oklahoma National Guard and any member th ereof shall not be released
from the state into acti ve duty combat unless the United States
Congress has passed an official declaration of war or has taken an
official action pursuant to Article I, Section 8, Clause 15 of the
United States Constitution to explicitly call forth the Oklahoma
National Guard and any member thereof for the enumerated purposes to
expressly execute the laws of the union, repel an invasion , or
suppress an insurrection. The Governor shall take all actions
necessary to comply with th e requirements of this section.
SECTION 2. This act shall beco me effective November 1, 2022.
58-2-3346 KR 1/18/2022 9:23:55 AM