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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
SENATE BILL 188 By: Deevers
AS INTRODUCED
An Act relating to the Oklahoma National Guard;
creating the Defend the Guard Act; providing short
title; defining terms; establishing conditions for
release of Oklahoma National Guard into active duty
combat; authorizing consent of Governor for certain
missions; providing for codification; and providing
an effective 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 Title 44, unless there
is created a duplication in numbering, reads as follows:
A. This section shall be known and may be cited as t he “Defend
the Guard Act”.
B. For the purposes of this section:
1. “Active duty combat” means performing the following services
in the active federal military service of the United States:
a. participation in an armed conflict,
b. performance of a hazard ous service in a foreign state,
or
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c. performance of a duty through an instrum entality 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 The Oklahoma Military
Code, the Oklahoma National Guard and any member thereof shall not
be released from the state into active duty combat unless the United
States Congress has passed an official declaration of war or has
taken an official action pursuant to Art icle 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 expressl y execute the laws of the Union, repel an
invasion, or suppress an insurrection. The Governor shall take all
actions necessary to comply with the requirements of this section.
D. Nothing in this act shall limit or prohibit the Governor
from consenting to the deployment of any Oklahoma National Guard
member under the provisions of Title 32, United States Code, defense
support for civil authority missions within the United States or
United States territories.
SECTION 2. This act shall becom e effective November 1, 2025.
60-1-1296 CAD 12/30/2024 1:59:28 PM