Oklahoma Statutes
Title 44. Militia
§44-233.3. Construction contracts - Sale, disposition, demolition 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 best bidder, approved by the Department of the Army or other representative federal agency, and that any contractor, to whom a contract may be awarded hereunder, shall execute with a qualified surety company, doing business in this state, as surety, bonds in such amounts and with such conditions as prescribed by law and by the Department of the Army or other representative federal agency. Such bonds shall be upon a form with such conditions and in such amounts as may meet the requirements of the representative federal agency and in such further amounts as willfully protect and cover the construction contributions of the state;
2. Assure that any contracts requiring federal funds are awarded in the same federal fiscal year of appropriation by Congress;
3. Result in full compliance with federal military construction standards; and
4. Result in full compliance with all state building codes.
B. The Adjutant General is authorized to sell or dispose of property and improvements thereon. The Adjutant General is authorized to demolish structures owned or controlled by the Military Department. The Adjutant General may transfer title to any property and improvements thereon to a municipality, county, state agency, or other public or non-profit entity. The Oklahoma Military Department shall be exempt from the Oklahoma Surplus Property Act for purposes of selling surplus property. Necessary deeds and other conveyances shall be executed by the Adjutant General in the name of the State of Oklahoma.
Proceeds of the sale or other disposition of such property shall be deposited in a revolving fund in the State Treasury designated as the Surplus Property Revolving Fund of the Oklahoma Military Department. Monies deposited in such revolving fund may be expended by the Adjutant General, for construction, repairs, and maintenance, or equipment for facilities of the Oklahoma National Guard.
Added by Laws 1953, p. 177, § 3, emerg. eff. June 3, 1953. Amended by Laws 1985, c. 147, § 2, eff. July 1, 1985; Laws 2004, c. 138, § 1, eff. Nov. 1, 2004; Laws 2005, c. 130, § 4, eff. Nov. 1, 2005; Laws 2008, c. 172, § 4, eff. Nov. 1, 2008; Laws 2011, c. 124, § 10, eff. Nov. 1, 2011.

Structure Oklahoma Statutes

Oklahoma Statutes

Title 44. Militia

§44-1. Short title.

§44-3. Reference to repealed clauses.

§44-4. Partial invalidity.

§44-6. Honorary staff of the Governor.

§44-21. Military Department.

§44-21.1. Personnel - Unclassified service.

§44-22. Administration of military matters.

§44-23. Governor as Commander in Chief - Powers - Armed military forces from other state or territory - Independent military organizations.

§44-24. Adjutant General - Eligibility - Appointment.

§44-25. Rank of Adjutant General - Assistants.

§44-26. Duties of the Adjutant General.

§44-26.1. Financial donations to the Adjutant General.

§44-26.2. Requests from Adjutant General for confidential criminal justice information in administrative or court-martial actions.

§44-27. Compensation of personnel.

§44-28. Petty cash fund.

§44-41. Composition of Militia - Classes.

§44-43. Eligibility as commissioned officers - Qualifications.

§44-45. Oath of commissioned officers.

§44-47. Period of enlistment - Qualifications - Reenlistment - Oath - Relinquishment of custody of minor child.

§44-48. Discharge of enlisted men.

§44-49. Application of Army customs - Regulations and usage.

§44-71. Duty to attend assembly - Refusal of employer to permit attendance - Drills, exercises, etc.

§44-72. Ordering into active service.

§44-73. Local commanding officer - Order into service in emergency.

§44-74. Compensation and benefits.

§44-75. Hospital and medical treatment.

§44-77. State funding for insurance premiums.

§44-111. Public property - Liability of commanding officer - Liability of person responsible for loss, damage or destruction - Apprehension and prosecution of persons absconding.

§44-112. Suits for recovery of property.

§44-113. Seizure and report of property illegally possessed, etc.

§44-114. Accounts - Settlement.

§44-115. Bond of officers accountable for or receiving military property.

§44-116. Accounting by officer before receiving payments.

§44-117. Issue and use of property.

§44-192. Rules and procedures for establishing and awarding medals, ribbons, and certificates.

§44-208. Discrimination against officers or enlisted members - Places of entertainment or amusement - Discharge or hindrance of duties by employers.

§44-208.1. Civil law protections - Servicemembers Civil Relief Act.

§44-209. Leave of absence to public officers and employees.

§44-210. Assault on member or body of National Guard or person assisting them.

§44-211. Martial law - Arrests and subpoenas.

§44-212. Deadly force – Immunity from personal liability.

§44-213. Exemption from taxation of military property - Free use of municipally owned public utilities.

§44-218. Acceptance or purchase of title to real estate.

§44-219. State not to be financially responsible.

§44-220. Building and loan association loans authorized.

§44-221. Provisions for National Guard when in service.

§44-223. Privilege from arrest.

§44-224. Misdemeanor to interfere with Militia.

§44-227. Architect - Selection - Contract by Adjutant General.

§44-228. Deed or lease by county commissioners to Adjutant General.

§44-229. Authorizing to order National Guard beyond borders of state - Law governing - Jurisdiction.

§44-230. Police officers (OMD) - Powers and duties.

§44-231. Assisting in drug interdicton and counter drug activities - National Guard volunteers to be requested by Governor.

§44-231a. Fire protection agreements.

§44-231b. Protection of assets vital to national security.

§44-232. Youth programs.

§44-232.1. Contracts to lease or rent facilities.

§44-232.2. Use and operation.

§44-232.3. Armory boards.

§44-232.4. Rules and regulations for use and oversight of facilities.

§44-233.2. Agreement with United States.

§44-233.3. Construction contracts - Sale, disposition, demolition or transfer of property - Proceeds.

§44-233.5. Conveyance of sites by political subdivisions.

§44-233.7. Oklahoma Military Department Revolving Fund.

§44-233.10. Purchase of replacement commercial funds.

§44-233.10a. Purchase of computer hardware or software.

§44-233.11. Contracts for professional services.

§44-233.12. Qualifying federal programs to be regarded as individual purchasing entities.

§44-233.13. Authority to purchase products through a General Services Administration contract.

§44-233.14. Military Justice Revolving Fund.

§44-235. Creation of Oklahoma National Guard Museum.

§44-235.1. Oklahoma National Guard Museum Fund.

§44-235.2. Acceptance of gifts for the Oklahoma National Guard Museum.

§44-237. Oklahoma National Guard Relief Program.

§44-241. Governor authorized to organize, maintain, etc. - Uniform.

§44-242. Designation - Composition - Distinct from National Guard - Place of service.

§44-243. Rules and regulations - Arms and equipment - Drill and instruction - Similarity to National Guard - Compensation and allowances.

§44-244. Calling into military service of United States not authorized - No exemption from military service.

§44-245. Persons not to be commissioned or enlisted.

§44-246. Oath of officers.

§44-247. Term of enlistment - Oath upon enlistment.

§44-248. Exemption from arrest, jury duty and service on posse comitatus.

§44-250. Short title - Oklahoma State Guard Act.

§44-800. Short title - Oklahoma Uniform Code of Military Justice.

§44-801. Definitions.

§44-802. Persons subject to the Oklahoma Uniform Code of Military Justice.

§44-803. Jurisdiction to try certain personnel.

§44-804. Reserved.

§44-805. Territorial applicability of Oklahoma Uniform Code of Military Justice.

§44-806. Judge advocates.

§44-806A. Investigation and disposition of matters pertaining to the fitness of military judges.

§44-806B. Rights of the victim of an offense under the Oklahoma Uniform Code of Military Justice.

§44-807. Apprehension.

§44-808. Warrant of arrest, issuance, contents, service.

§44-809. Imposition of restraint.

§44-810. Restraint of persons charged.

§44-811. Place of confinement, reports and receiving of prisoners.

§44-812. Prohibition of confinement of members of the state military forces with enemy prisoners and certain others.

§44-813. Punishment prohibited before trial.

§44-814. Delivery of offenders to civil authorities.

§44-815. Commanding officer's nonjudicial punishment.

§44-816. Courts-martial classified.

§44-817. Jurisdiction of courts-martial in general.

§44-818. General courts-martial.

§44-819. Jurisdiction of special courts-martial.

§44-820. Jurisdiction and appeals of summary courts-martial.

§44-821. Reserved.

§44-822. Who may convene general courts-martial.

§44-823. Who may convene special courts-martial.

§44-824. Who may convene summary courts-martial.

§44-825. Who may serve on courts-martial.

§44-826. Military trial judge of a general or special court-martial.

§44-826A. Military magistrates.

§44-827. Detail of trial counsel and defense counsel.

§44-828. Detail or employment of reporters and interpreters.

§44-829. Assembly and impaneling of members - Detail of new members and military judges.

§44-830. Charges and specifications.

§44-830A. Certain proceedings conducted before referral.

§44-831. Compulsory self-incrimination prohibited.

§44-832. Preliminary hearing required before referral to general court-martial.

§44-833. Disposition guidance.

§44-834. Advice to convening authority before referral for trial.

§44-835. Service of charges - Commencement of trial.

§44-836. Procedure for courts-martial.

§44-837. Unlawfully influencing action of court.

§44-838. Duties of trial counsel and defense counsel.

§44-839. Sessions.

§44-840. Continuances.

§44-841. Challenges.

§44-842. Oaths.

§44-843. Statute of limitations.

§44-844. Former jeopardy.

§44-845. Pleas of the accused.

§44-846. Opportunity to obtain witnesses and other evidence in trials by court-martial.

§44-847. Refusal to appear or testify.

§44-848. Contempt.

§44-849. Depositions.

§44-850. Admissibility of sworn testimony from records of courts of inquiry.

§44-850A. Defense of lack of mental responsibility.

§44-851. Voting and rulings.

§44-852. Votes required for conviction, sentencing and other matters.

§44-853. Findings and sentencing.

§44-853A. Plea agreements.

§44-854. Record of trial.

§44-855. Cruel and unusual punishments prohibited.

§44-856. Sentencing.

§44-857. Effective date of sentences.

§44-858. Execution of confinement.

§44-858A. Sentences - Reduction in enlisted grade.

§44-858B. Sentences - Forfeiture of pay and allowances during confinement.

§44-858C. Enforcement of fines or adjudication of pecuniary liability.

§44-858D. Parole.

§44-859. Error of law - Lesser included offense.

§44-860. Posttrial processing in general and special courts-martial.

§44-860A. Limited authority to act on sentence in specified posttrial circumstances.

§44-860B. Posttrial actions in summary courts-martial and certain general and special courts-martial.

§44-860C. Entry of judgment.

§44-861. Waiver of right to appeal - Withdrawal of appeal.

§44-862. Appeal by the State of Oklahoma.

§44-863. Rehearings.

§44-864. Judge advocate review of finding of guilty in summary court-martial.

§44-865. Transmittal and review of records.

§44-866. Military Court of Appeals for state military forces.

§44-867. Review by the Oklahoma Court of Criminal Appeals.

§44-867A. Reserved.

§44-868. Reserved.

§44-869. Review by State Judge Advocate.

§44-870. Appellate counsel.

§44-871. Reserved.

§44-872. Vacation of suspension.

§44-873. Petition for a new trial.

§44-874. Remission and suspension.

§44-875. Restoration.

§44-876. Finality of proceedings, findings, and sentences.

§44-876A. Leave required to be taken pending review of certain court-martial convictions.

§44-876B. Lack of mental capacity or mental responsibility.

§44-877. Principals.

§44-878. Accessory after the fact.

§44-879. Conviction of offense charged, lesser included offenses.

§44-880. Attempts.

§44-881. Conspiracy.

§44-882. Soliciting commission of offenses.

§44-883. Malingering.

§44-884. Breach of medical quarantine.

§44-885. Desertion.

§44-886. Absence without leave.

§44-887. Missing movement - Jumping from vessel.

§44-887A. Resistance, flight, breach of arrest, and escape.

§44-887B. Reserved.

§44-888. Contempt toward officials.

§44-889. Disrespect toward superior commissioned officer - Assault of superior commissioned officer.

§44-890. Willfully disobeying superior commissioned officer.

§44-891. Insubordinate conduct toward warrant officer, or noncommissioned officer.

§44-892. Failure to obey order or regulation.

§44-893. Cruelty and maltreatment.

§44-893A. Prohibited activities with military recruit or trainee by person in position of special trust.

§44-894. Mutiny or sedition.

§44-895. Offenses by sentinel or lookout.

§44-895A. Disrespect toward sentinel or lookout.

§44-896. Release of prisoner without authority - Drinking with prisoner.

§44-897. Unlawful detention.

§44-898. Misconduct as prisoner.

§44-899. Misbehavior before the enemy.

§44-900. Subordinate compelling surrender.

§44-901. Improper use of countersign.

§44-902. Forcing a safeguard.

§44-903. Reserved.

§44-903A. Reserved.

§44-903B. Aiding the enemy.

§44-903C. Unlawful disclosure of confidential information.

§44-904. Public records offenses.

§44-904A. Fraudulent enlistment, appointment, or separation.

§44-904B. Unlawful enlistment, appointment, or separation.

§44-905. Reserved.

§44-905A. False or unauthorized pass offenses.

§44-906. Reserved.

§44-906A. Wearing unauthorized insignia, decoration, badge, ribbon, device, or lapel button.

§44-907. False official statements - False swearing.

§44-907A. Reserved.

§44-908. Military property-loss, damage, destruction, or wrongful disposition.

§44-908A. Captured or abandoned property.

§44-909. Property other than military property - Waste, spoilage, or destruction.

§44-909A. Reserved.

§44-910. Improper hazarding of vessel or aircraft.

§44-911. Reserved.

§44-912. Drunkenness and other incapacitation offenses.

§44-912A. Wrongful use, possession, etc., of controlled substances.

§44-913. Reserved.

§44-914. Endangerment offenses.

§44-915. Reserved.

§44-916. Riot or breach of peace.

§44-917. Provoking speeches or gestures.

§44-917A. Wrongful broadcast or distribution of intimate visual images.

§44-918. Reserved.

§44-919. Reserved.

§44-919A. Reserved.

§44-919B. Reserved.

§44-920. Sexual assault generally.

§44-920A. Reserved.

§44-920B. Reserved.

§44-920C. Other sexual misconduct.

§44-920D. Fraternization.

§44-921. Larceny and wrongful appropriation.

§44-921A. Reserved.

§44-921B. Reserved.

§44-922. Reserved.

§44-922A. Reserved.

§44-923. Reserved.

§44-923A. Reserved.

§44-924. Frauds against the government.

§44-924A. Reserved.

§44-924B. Reserved.

§44-925. Reserved.

§44-926. Reserved.

§44-927. Reserved.

§44-928. Assault.

§44-928A. Reserved.

§44-928B. Reserved.

§44-929. Reserved.

§44-929A. Reserved.

§44-930. Stalking.

§44-931. Perjury.

§44-931A. Subornation of perjury.

§44-931B. Obstructing justice.

§44-931C. Misprision of serious offense.

§44-931D. Wrongful refusal to testify.

§44-931E. Reserved.

§44-931F. Noncompliance with procedural rules.

§44-931G. Wrongful interference with adverse administrative proceeding.

§44-932. Retaliation.

§44-933. Conduct unbecoming an officer and a gentleman.

§44-934. General article.

§44-935. Courts of inquiry.

§44-936. Authority to administer oaths.

§44-937. Articles to be explained.

§44-938. Complaints of wrongs.

§44-939. Redress of injuries to property.

§44-940. Delegation by the Governor.

§44-940A. Precedence of regulations.

§44-940B. Publication by Secretary of State.

§44-941. Payment of fees, costs and expenses - Military Justice Fund.

§44-942. Payment and collection of fines.

§44-943. Uniformity of interpretation.

§44-944. Immunity for duties performed under Code.

§44-945. Jurisdiction not extended to certain crimes.

§44-946. Continuances for military service.

§44-4300. Short title - Oklahoma Uniformed Services Employment and Reemployment Rights Act.

§44-4301. Purposes.

§44-4302. Construction with other laws.

§44-4303. Definitions.

§44-4304. Termination of entitlement to benefits.

§44-4311. Employment rights – Discrimination by employer.

§44-4312. Reemployment rights and benefits.

§44-4313. Employees of state government or political subdivisions - Reemployment.

§44-4314. Reemployment - Director of Human Capital Management of the Office of Management and Enterprise Services duties.

§44-4315. State agency or political subdivision procedures for ensuring rights apply to employees.

§44-4316. Reemployment – Retention of seniority and other rights and benefits.

§44-4317. Continuation of health coverage.

§44-4319. Liability of controlling Oklahoma employer of foreign entity - Applicability to foreign employer.

§44-4321. Assistance from Commissioner of Labor.

§44-4322. Refusal to comply – Complaint process.

§44-4323. Action for relief – Referral to district attorney.

§44-4326. Investigatory powers – Subpoenas – District court writs.

§44-4327. Effect of noncompliance of state officials with deadlines - Inapplicability of statutes of limitations.

§44-4331. Authority to prescribe regulations.

§44-4332. Annual report by the Commissioner of Labor.

§44-4333. Informing persons and employers of rights, benefits, and obligations.

§44-4334. Notice of rights, benefits, and obligations to be posted by employer.

§44-4335. Training to be provided by state agencies and political subdivisions.