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1 STATE OF OKLAHOMA
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2 1st Session of the 60th Legislature (2025)
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3 SENATE BILL 852 By: Bullard
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6 AS INTRODUCED
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7 An Act relating to militia; creating the Oklahoma
7 State Guard and Militia Revitalization Act of 2025;
8 providing short title; amending 44 O.S. 2021, Section
8 41, which relates to composition of militia;
9 modifying requirements for participation in certain
9 militia; amending 44 O.S. 2021, Section 242, which
10 relates to composition of the Oklahoma State Guard;
10 removing certain limitation on military service;
11 amending 44 O.S. 2021, Section 243, which relates to
11 compensation; broadening allowed conditions for
12 certain compensation; requiring the Governor to make
12 certain appointment; directing the Adjutant General
13 to authorize certain training; providing for certain
13 compensation; establishing certain units within the
14 Oklahoma State Guard; requiring immediate response of
14 certain membership; authorizing requirement for use
15 of privately owned firearms for certain service;
15 establishing requirements for certain firearm;
16 requiring the Adjutant General to promulgate standard
16 for use of firearms in emergency situations;
17 establishing certain responsibilities for county
17 units; providing for funding of county coordinators
18 and county units; requiring development of certain
18 coordination plan; requiring adherence to certain
19 standards; requiring certain notice to registered
19 voters; construing provisions; providing for
20 appointment and approval of interim county
20 coordinators; stating certain powers and duties;
21 requiring provision of certain information; creating
21 certain revolving fund for specified purposes;
22 updating statutory language; providing for
22 noncodification; providing for codification; and
23 providing an effective date.
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2 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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3 SECTION 1. NEW LAW A new section of law not to be
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4 codified in the Oklahoma Statutes reads as follows:
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5 This act shall be known and may be cited as the "Oklahoma State
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6 Guard and Militia Revitalization Act of 2025".
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7 SECTION 2. AMENDATORY 44 O.S. 2021, Section 41, is
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8 amended to read as follows:
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9 Section 41. The Militia of the State of Oklahoma shall consist
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10 of all able-bodied citizens of the United States and all other able-
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11 bodied persons who are sound of mind, who shall be or shall have
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12 declared their intentions to become citizens of the United States,
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13 who shall be more than seventeen (17) are at least sixteen (16)
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14 years of age and not more than seventy (70) years of age, and said
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15 the militia shall be divided into three (3) classes: The National
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16 Guard, the Oklahoma State Guard, and the Unorganized Militia;
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17 provided, that persons in the Unorganized Militia over seventy (70)
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18 years of age and under seventeen (17) years of age shall be exempt
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19 from mandatory service.
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20 SECTION 3. AMENDATORY 44 O.S. 2021, Section 242, is
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21 amended to read as follows:
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22 Section 242. Such military forces shall be designated as the
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23 "Oklahoma State Guard" and shall be composed of officers
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24 commissioned or assigned, and such able-bodied male citizens of the
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1 state as shall volunteer for service therein. They shall be
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2 additional to and distinct from the National Guard of the State of
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3 Oklahoma, as defined in Title 32 of the United States Code. They
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4 shall not be required to serve outside the boundaries of the State
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5 of Oklahoma this state.
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6 SECTION 4. AMENDATORY 44 O.S. 2021, Section 243, is
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7 amended to read as follows:
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8 Section 243. A. The Governor is hereby authorized to shall
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9 prescribe rules and regulations governing the enlistment,
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10 organization, administration, equipment, discipline and discharge of
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11 the personnel of such military forces; to requisition from the
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12 Secretary of Defense such arms and equipment as may be in the
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13 possession of and can be spared by the Department of Defense and to
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14 extend thereto the facilities of state armories, Armed Forces
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15 Reserve Centers, readiness centers, logistics, aviation, and
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16 training facilities, warehouses and their equipment and such other
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17 state premises and property as may be available for the purpose of
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18 drill and instruction. Insofar as applicable the procedure for the
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19 enlistment, organization, pay, maintenance, equipment and
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20 disciplining of such forces shall be in conformity with the law and
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21 the rules and regulations governing and pertaining to the National
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22 Guard; provided, that the officers and enlisted personnel in the
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23 Oklahoma State Guard shall not receive any compensation or monetary
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24 allowances from the state except when:
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1 1. When activated for state active duty, as defined in Section
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2 801 of this title, by order of the Governor;
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3 2. When attending state-mandated training; or
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4 3. For Oklahoma State Guard county coordinators or state-level,
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5 full-time personnel.
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6 B. The Governor shall appoint a Commandant of the Oklahoma
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7 State Guard and Unorganized Militia (OSGUM Commandant or
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8 "Commandant") to serve within the Military Department of the State
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9 of Oklahoma and to report to the Adjutant General (TAG).
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10 C. Members of the Oklahoma State Guard shall be considered part
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11 of state military forces as defined in Section 801 of this title and
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12 shall be subject to the Oklahoma Uniform Code of Military Justice.
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13 C. D. When prescribing the rules and regulations governing
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14 enlistment, organization, administration, equipment, discipline and
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15 discharge of the personnel of the Oklahoma State Guard, the Governor
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16 shall issue such rules and regulations in the form of an executive
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17 order or in a series of such orders. An executive order or a series
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18 of such orders prescribing the rules and regulations governing
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19 enlistment, organization, administration, equipment, discipline and
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20 discharge of the personnel of the Oklahoma State Guard shall also be
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21 published by the Adjutant General as a military publication.
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22 E. TAG shall authorize at least four voluntary Multiple Unit
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23 Training Assemblies (MUTA) of Inactive Duty for Training (IDT) per
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1 month and fifteen (15) days of annual training. Personnel shall be
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2 compensated by the state for attending such trainings.
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3 SECTION 5. NEW LAW A new section of law to be codified
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4 in the Oklahoma Statutes as Section 251.1 of Title 44, unless there
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5 is created a duplication in numbering, reads as follows:
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6 A. A unit of the Oklahoma State Guard (OSG) shall be
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7 established in each county of this state that shall operate under
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8 and report to a county coordinator. Members of each county unit of
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9 the Oklahoma State Guard and of the Unorganized Militia shall be
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10 able to immediately respond, if called into service, fully equipped
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11 for infantry or other service within this state.
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12 B. Privately owned semiautomatic firearms may be required for
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13 service for the Oklahoma State Guard or the Unorganized Militia if
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14 such firearms are ordered or mustered for service. Any such firearm
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15 shall be similar to firearms issued by the military forces of the
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16 United States, the National Guard, or the military or police forces
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17 of this state, pursuant to regulation developed by the Military
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18 Department of the State of Oklahoma. Such firearms shall:
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19 1. Be capable of accepting a standard capacity magazine of
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20 greater than ten rounds; and
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21 2. Contain ergonomic features including, but not limited to,
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22 any or all of the following:
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23 a. a pistol grip below the action,
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24 b. an adjustable buttstock,
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1 c. a threaded barrel capable of accepting a muzzle device
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2 designed to reduce or eliminate harmful noise or flash
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3 signature,
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4 d. a lug capable of accepting a bayonet or other
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5 accessories, or
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6 e. a protective shroud or handguard partially or fully
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7 encircling the barrel to prevent barrel heat injury to
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8 the user.
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9 C. Notwithstanding the requirements set forth in subsection B
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10 of this section, the Adjutant General (TAG) shall promulgate an
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11 additional standard for emergency situations that shall authorize
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12 the use of any safe and operable semiautomatic or other rifle,
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13 pistol, or shotgun that is in common use by military or police
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14 forces.
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15 D. Under orders promulgated by the Governor and the Adjutant
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16 General (TAG), each county coordinator of the Oklahoma State Guard
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17 shall ensure the equipping, training, and readiness to the extent
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18 permitted by local county volunteer staffing and interest, and for
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19 the training and readiness of volunteers drawn from the Unorganized
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20 Militia of this state.
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21 E. 1. The State of Oklahoma shall fund:
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22 a. the position of the county coordinator, and
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23 b. the county OSG unit when activated for state active
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24 duty, as defined in Section 801 of Title 44 of the
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1 Oklahoma Statutes, by order of the Governor, or when
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2 called to mandatory training.
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3 2. Counties and citizen groups may voluntarily fund personnel,
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4 training, equipment, vehicles, and logistics for their respective
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5 county OSG units in coordination with the Military Department of the
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6 State of Oklahoma, but such OSG units shall remain under the command
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7 of the Department when ordered to service, and any such use of
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8 voluntary funding shall be consistent with orders and regulations of
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9 the Governor pursuant to Section 243 of Title 44 of the Oklahoma
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10 Statutes.
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11 F. The Military Department of the State of Oklahoma shall
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12 develop a plan of coordination with county sheriffs and the county's
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13 respective OSG unit for emergency management.
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14 G. County OSG units shall adhere to the uniform and grooming
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15 standards set forth in Army Regulations AR 670-1.
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16 H. Beginning December 1, 2025, the county election board
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17 secretary of each county shall provide every registered voter with
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18 notice of the opportunity for service in and contact information for
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19 the county OSG unit, and thereafter, upon first-time voter
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20 registration.
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21 I. Nothing in this section shall be construed to require or
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22 permit any scheme of licensing, registration, or list of specific
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23 firearms.
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1 SECTION 6. NEW LAW A new section of law to be codified
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2 in the Oklahoma Statutes as Section 251.2 of Title 44, unless there
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3 is created a duplication in numbering, reads as follows:
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4 A. The sheriff of each county in this state shall solicit
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5 nominees with prior honorable service in the Armed Forces of the
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6 United States or National Guard and who reside within the county, to
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7 serve as the interim Oklahoma State Guard (OSG) county coordinator
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8 for that county. Any person desiring to serve shall provide to the
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9 sheriff for the county of desired service his or her Certificate of
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10 Release or Discharge from Active Duty (Form DD 214) or National
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11 Guard Report of Separation and Record of Service (NGB Form 22) and
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12 most recent evaluation report prior to the expiration of his or her
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13 term of service.
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14 B. No later than November 30, 2025, the sheriff of each county
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15 in this state shall appoint an interim county coordinator. The
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16 appointment must be approved by a majority vote of the board of
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17 county commissioners.
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18 C. The county coordinator shall have the power and duty to
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19 initiate the administration of the county unit of the Oklahoma State
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20 Guard and Unorganized Militia (OSGUM). The county coordinator shall
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21 report to the OSGUM Commandant and to the Adjutant General (TAG),
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22 and such intermediary officers as TAG shall appoint, for ensuring
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23 the readiness of the OSG county unit and training opportunities for
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24 the Unorganized Militia within the county.
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1 D. No later than January 30, 2026, and by March 1 of every year
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2 thereafter, the Oklahoma National Guard shall provide to county
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3 coordinators a list of persons retired or honorably discharged from
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4 the service of the United States or from the National Guard within
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5 the last forty-eight (48) months, who reside within the county.
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6 SECTION 7. NEW LAW A new section of law to be codified
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7 in the Oklahoma Statutes as Section 251.3 of Title 44, unless there
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8 is created a duplication in numbering, reads as follows:
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9 There is hereby created in the State Treasury a revolving fund
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10 for the Military Department of the State of Oklahoma to be
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11 designated the "Oklahoma State Guard Revolving Fund". The fund
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12 shall be a continuing fund, not subject to fiscal year limitations,
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13 and shall consist of all monies received by the Department from
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14 appropriations, grants, or private donations provided for the
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15 purposes stated in this section. All monies accruing to the credit
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16 of the fund are hereby appropriated and may be budgeted and expended
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17 by the Department for the following purposes:
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18 1. Funding the positions of Oklahoma State Guard county
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19 coordinators; and
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20 2. Making grants to county coordinators to be used for training
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21 of personnel and purchasing of ammunition, weaponry, and other
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22 necessary equipment.
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23 Expenditures from the fund shall be made upon warrants issued by
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24 the State Treasurer against claims filed as prescribed by law with
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1 the Director of the Office of Management and Enterprise Services for
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2 approval and payment.
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3 SECTION 8. This act shall become effective November 1, 2025.
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Req. No. 582 Page 10Every fact on this page links to its source, starting with the official bill record.