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STATE OF OKLAHOMA
2nd Session of the 59th Legislature (2024)
SENATE BILL 1396 By: Dahm
AS INTRODUCED
An Act relating to militia; creating the Oklahoma
State Guard and Militia Revitalization Act of 2024;
providing short title; amending 44 O.S. 2021, Section
41, which relates to composition of militia;
modifying requirements for participation in certa in
militia; amending 44 O.S. 2021, Section 242, which
relates to composition of the Oklahoma State Guard;
removing certain limitation on military service;
amending 44 O.S. 2021, Section 243, which relates to
compensation; broadening allowed conditions for
certain compensation; requiring the Governor to make
certain appointment; directing the Adjutant General
to authorize certain training; providing for certain
compensation; establishing certain units with in the
Oklahoma State Guard; requiring immediate re sponse of
certain membership; authorizing requirement for use
of privately owned firearms for ce rtain service;
establishing requirements for certain firearm;
requiring the Adjutant General to promulgate standard
for use of firearms in emergency situations;
establishing certain responsibilities for coun ty
units; providing for funding of county coordinators
and county units; requiring development of c ertain
coordination plan; requiring adherence to certain
standards; requiring certain notice to registered
voters; construing provisions; providing for
appointment and approval of interim county
coordinators; stating certain powers and duties ;
requiring provision of certain information; creating
certain revolving fund for specified purposes;
updating statutory language; providing for
noncodification; providing for codification ; and
providing an effective da te.
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BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law not to be
codified in the Oklahoma Statutes reads as follows:
This act shall be known and may be cited as the “Oklahoma State
Guard and Militia Revitalization Act of 202 4”.
SECTION 2. AMENDATORY 44 O.S. 2021, Section 41, is
amended to read as follows:
Section 41. A. 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 are sound of mind, who shall be or
shall have declared their intentions to become citizens of the
United States, who shall be more than seventeen (17) are at least
sixteen (16) years of age and not more than seventy (70) years of
age, and said the militia shall be divided into three (3) classes:
The National Guard, the Oklahoma State Guard, and the Unorganiz ed
Militia; provided, that persons in the Unorganized Militia ov er the
age of seventy (70) years and under the age of seventeen (17) years
shall be exempt from mandatory service .
SECTION 3. AMENDATORY 44 O.S. 2021, Section 242, is
amended to read as follows:
Section 242. Such military forces shall be designated as the
“Oklahoma State Guard” and shall be composed of officer s
commissioned or assigned, and such a ble-bodied male citizens of the
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state as shall volunteer for service therein. They shall be
additional to and distinct from the National Guard of the State of
Oklahoma, as defined i n Title 32 of the United States Code. They
shall not be required to se rve outside the boundaries of the State
of Oklahoma this state.
SECTION 4. AMENDATORY 44 O.S. 2021, Section 243, is
amended to read as fo llows:
Section 243. A. The Governor is hereby authorized to shall
prescribe rules and regulation s 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 equipment as may be in the
possession of and can be spared by the Department of Defense and to
extend thereto the facilities of state armories, A rmed Forces
Reserve Centers, readiness centers, logistics, aviation, and
training facilities, warehouses and their equipment and such oth er
state premises and property as m ay be available for the purpose of
drill and instruction. Insofar as applicable the procedure for the
enlistment, organization, pay, maintenance, equipment and
disciplining of such forces shall be in conformity with the law and
the rules and regulation s governing and pertaining to the National
Guard; provided, that t he officers and enlist ed personnel in the
Oklahoma State Guard shall not receive any compensation or m onetary
allowances from the state except when:
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1. When activated for state active duty, as defined in Section
801 of this title, by order of the Governor;
2. When attending state-mandated training; or
3. For Oklahoma State Guard county coordinators or state-level
full-time personnel.
B. The Governor shall a ppoint a Commandant of the O klahoma
State Guard and Unorganized Militia (OSGUM Commandant or
“Commandant”) to serve within the Military Department of the State
of Oklahoma and to report to the Adjutant General (TAG).
C. Members of the Oklahoma State Guard shall be considered part
of state military forces as defined in Section 801 of this title and
shall be subject to the Oklahoma Uniform Code of Mili tary Justice.
C. D. When prescribing the rules and regulations governing
enlistment, organization, administ ration, equipment, discipline and
discharge of the personnel of the Oklahoma State Gu ard, the Governor
shall issue such rules and regulations in the form of an executive
order or in a series of such orders. An executive order or a series
of such orders prescribing the rules and regulations governing
enlistment, organization, adminis tration, equipment, discipline and
discharge of the personnel of the Oklahom a State Guard shall also be
published by the Adjutant General as a military publication .
E. TAG shall authorize at least four voluntary Multiple Unit
Training Assemblies (MUTA) of Inactive Duty for Trainin g (IDT) per
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month and fifteen (15) days of annual training. Personnel shall be
compensated by the state for attending such trainings.
SECTION 5. NEW LAW A new se ction of law to be codified
in the Oklahoma Statutes as Section 251.1 of Title 44, unless there
is created a duplication in numbering, read s as follows:
A. A unit of the Oklahoma State Guard (OSG) shall be
established in each county of this state that shall operate under
and report to a county coordinator. Members of each county unit of
the Oklahoma State Guard and of the Unorganized Milit ia shall be
able to immediately respond, if called into service, fully equipp ed
for infantry or other service within this state.
B. Privately owned semia utomatic firearms may be required for
service for the Oklahoma State Guard or the Unorganized Militia if
such firearms are ordered or mustered for service. Any such firearm
shall be similar to firearms issued by the mil itary forces of the
United States, the National Guard, or the military or police forces
of this state, pursuant to regulation developed by the Military
Department of the State of Oklahoma. Such firearms shall:
1. Be capable of accepting a standard capaci ty magazine of
greater than ten round s; and
2. Contain ergonomic features including, but not limited to,
any or all of the following:
a. a pistol grip below the action,
b. an adjustable buttstock ,
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c. a threaded barrel capable of accepting a muzzle device
designed to reduce or eliminate harmf ul noise or flash
signature,
d. a lug capable of accepting a bayonet or other
accessories, or
e. a protective shroud or handguard partially or fully
encircling the barrel to pre vent barrel heat injury to
the user.
C. Notwithstanding the requirements set forth in subsection B
of this section, the Adjutant General (TAG) shall promulgate an
additional standard for emergency situations that sha ll authorize
the use of any safe and op erable semiautomatic or other rifle,
pistol, or shotgun that is in common use by military or police
forces.
D. Under orders promulgated by the Gover nor and the Adjutant
General (TAG), each county coordinator of the Oklahoma State Guard
shall ensure the equipping, training, and readiness to the ex tent
permitted by local county volu nteer staffing and interest, and for
the training and readiness of volunteers drawn from the Unorganized
Militia of this state.
E. 1. The State of Oklahoma shall fund:
a. the position of the county coordinator , and
b. the county OSG unit when activated for state active
duty, as defined in Section 801 of this title, by
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order of the Governor, or when called to mandatory
training.
2. Counties and citizen groups may voluntarily fund person nel,
training, equipment, vehicles , and logistics for their respective
county OSG units in coordination with the Military Departme nt of the
State of Oklahoma, but such OSG units shall remain under the command
of the Department when ordered to service, and any such use of
voluntary funding shall be consis tent with orders and regulations of
the Governor pursuant to Section 243 of this title.
F. The Military Department of the State of Oklahoma shall
develop a plan of coordination with county sheriffs and the county’s
respective OSG unit for em ergency management.
G. County OSG units shall adhere to the uniform and grooming
standards set forth in Army Regulations AR 670-1.
H. Beginning December 1, 2024, the county election board
secretary of each county shall provide every registered voter with
notice of the opportunity for service in and contact information for
the county OSG unit, and there after, upon first-time voter
registration.
I. Nothing in this section shall be construed to require or
permit any scheme of licensing, registration , or list of specific
firearms.
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SECTION 6. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 251.2 of Title 44, unless there
is created a duplication in numbering, reads as fo llows:
A. The sheriff of each county in this st ate shall solicit
nominees with prior honorable service in the Armed Forces of the
United States or National Guard and who reside within the county, to
serve as the interim Oklahoma State Guard county coordinator for
that county. Any person desiring to serve shall provide to the
sheriff for the county of desired service his or her Certificate of
Release or Discharge from Active Duty (Form DD 214) or National
Guard Report of Separation and R ecord of Service (NGB Form 22) and
most recent evaluation report prior to the expiration of his or her
term of service.
B. No later than November 30, 2024, the sheriff of each county
in this state shall appoint an interim county coordinator. The
appointment must be approved by a majority vote of the board o f
county commissioners.
C. The county coordinator shall have the power and duty to
initiate the administration of the county unit of the Oklahoma State
Guard and Unorganized Militia . The county coordinator shall report
to the OSGUM Commandant and to TAG, and such intermediary officers
as TAG shall appoint, for ensurin g the readiness of the OSG county
unit and training opportunities for the Unorganized Militia within
the county.
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D. No later than January 30, 2025, and by March 1 of every year
thereafter, the Oklahoma National Guard shall provide to county
coordinators a list of persons retired or honorably discharged from
the service of the United States or from the National Guard within
the last forty-eight (48) months, who reside within the county.
SECTION 7. NEW LAW A new section of law to be c odified
in the Oklahoma Statutes as Section 251.3 of Title 44, unless there
is created a duplication in numbering, reads as follows:
There is hereby created in the State Treasury a revolving fund
for the Military Department of the Stat e of Oklahoma to be
designated the “Oklahoma State Guard Revolving Fund”. The fund
shall be a continuing fund, not subject to fiscal year limitations,
and shall consist of all monies received by the Department from
appropriations, grants, or private donations provided for the
purposes stated in this section. All monies accruing to the credit
of the fund are hereby appropriated and may be budgeted and expended
by the Department for the following purposes:
1. Funding the positions of Oklahoma State Guard county
coordinators; and
2. Making grants to county coordinators to be used for training
of personnel and purchasing of ammunition, weaponry, and other
necessary equipment.
Expenditures from the fund shall be made upon warrants issued by
the State Treasurer against claims filed as prescribed by law with
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the Director of the Office of Management and En terprise Services for
approval and payment.
SECTION 8. This act shall become effective November 1, 2024.
59-2-2502 DC 12/15/2023 2:36:00 PM