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Oklahoma Legislature· SB 2004Second Reading referred to Rules

An act relating to the Oklahoma National Guard, the official text

Shown verbatim: the complete text as captured from the official PDF posted by the Oklahoma Legislature, fetched 2026-07-23. Page and line markers are part of the official record; nothing is edited or removed. The official bill page.
1                               STATE OF OKLAHOMA

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2                  2nd Session of the 60th Legislature (2026)

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3 SENATE BILL 2004              By: Deevers
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6                               AS INTRODUCED

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7   An Act relating to the Oklahoma National Guard;

7   creating the Defend the Guard Act; providing short

8   title; defining terms; establishing conditions for

8   release of Oklahoma National Guard into active duty

9   combat; authorizing consent of Governor for certain

9   missions; providing for codification; and providing

10  an effective date.

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13 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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14  SECTION 1.         NEW LAW  A new section of law to be codified

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15 in the Oklahoma Statutes as Section 72.1 of Title 44, unless there
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16 is created a duplication in numbering, reads as follows:
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17  A. This section shall be known and may be cited as the "Defend

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18 the Guard Act".
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19  B. For the purposes of this section:

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20  1. "Active duty combat" means performing the following services

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21 in the active federal military service of the United States:
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22  a. participation in an armed conflict,

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23  b. performance of a hazardous service in a foreign state,

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24                 or

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    Req. No. 3472                                              Page 1
1   c. performance of a duty through an instrumentality of

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2                  war; and

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3   2. "Official declaration of war" means an official declaration

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4 of war made by the United States Congress pursuant to Article I,
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5 Section 8, Clause 11 of the United States Constitution.
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6   C. Notwithstanding any other provision of The Oklahoma Military

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7 Code, the Oklahoma National Guard and any member thereof shall not
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8 be released from the state into active duty combat unless the United
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9 States Congress has passed an official declaration of war or has
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10 taken an official action pursuant to Article I, Section 8, Clause 15
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11 of the United States Constitution to explicitly call forth the
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12 Oklahoma National Guard and any member thereof for the enumerated
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13 purposes to expressly execute the laws of the Union, repel an
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14 invasion, or suppress an insurrection. The Governor shall take all
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15 actions necessary to comply with the requirements of this section.
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16  D. Nothing in this act shall limit or prohibit the Governor

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17 from consenting to the deployment of any Oklahoma National Guard
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18 member under the provisions of Title 32, United States Code, as
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19 defense support for civil authority missions within the United
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20 States or United States territories.
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21  SECTION 2. This act shall become effective November 1, 2026.

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23  60-2-3472      CAD       1/15/2026 9:46:29 AM

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    Req. No. 3472                                          Page 2
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