Title 72. Soldiers and Sailors
§721. Exservice persons Affidavit as to record Certificate of judge of the district court.
It shall be lawful for any needy disabled exservice person, who has been a citizen and resident of this state for one (1) year, to engage in what is commonly known as hawking and peddling, to give illustrated lectures, magic lantern exhibitions and such other like entertainments without either state, county, city or town license or tax for the privilege of so doing. Before any exservice person shall be entitled to any of the privileges set out in this act, he shall make an affidavit in writing before some officer authorized by law to administer oaths, that he is a citizen and resident of this state, and has been for one (1) year previous and that he served in the military or naval forces of the United States or of the Confederate States of America, and was honorably discharged therefrom, and that he is in genuine financial need of the privileges conferred by this act. A certificate of the judge of the district court in which any exservice person has complied with the provisions of this act, and that he is entitled to the benefits and privileges set out above, shall be sufficient proof of the need or disability of said exservice person, and of said exservice person's service in the military or naval forces of the United States or of the Confederate States of America. Such certificate shall be of public record in the office of the county clerk in the county courthouse of the county where it is issued, or shall be of record in the office of the city clerk in the city where the privilege conferred herein is to be exercised, and shall also be of record in the police station of any such city. No single certificate shall be effective for a period in excess of sixty (60) days, and all such certificates heretofore issued shall become null and void sixty (60) days after the effective date of this act.
Laws 191011, c. 101, p. 217, § 1; Laws 1923, c. 136, p. 226, § 1, emerg. eff. Feb. 8, 1923; Laws 1927, c. 75, p. 113, § 1, emerg. eff. March 30, 1927; Laws 1945, p. 336, § 1, emerg. eff. March 15, 1945; Laws 1959, p. 349, § 1.
§722. "Exservice person" defined.
The words "exservice person" used in this act shall be construed to mean such honorably discharged persons as served in any branch of the military or naval service of the United States during the period of any war in which the United States participated as a belligerent.
Laws 1923, c. 136, p. 226, § 2, emerg. eff. Feb. 8, 1923; Laws 1927, c. 75, p. 114, § 2, emerg. eff. March 30, 1927; Laws 1943, p. 231, § 1, emerg. eff. April 3, 1943.
§723. Disabled exservicemen Judge of the district court Certificate Veterans' organization.
Before the provisions of this act shall be available to any person who has been honorably discharged from any branch of the military or naval services of the United States for honorable service during any war in which the United States participated as a belligerent, it shall be necessary that such person be disabled and the certificate of the judge of the district court provided for in Section 1 hereof, shall be issued to such person only upon recommendation of the executive committee of any post of a recognized veteran organization in the county where application is made therefor.
Laws 1927, c. 75, p. 114, § 3, emerg. eff. March 30, 1927; Laws 1943, p. 232, § 2, emerg. eff. April 3, 1943; Laws 1945, p. 366, § 2, emerg. eff. May 5, 1945.
§724. Complaint Certificate Revocation.
Any interested person may at any time make complaint in writing to the judge of the district court who has issued the certificate provided for in Section 1, hereof, that said certificate was not obtained or is not being utilized in good faith by the holder thereof and thereupon, after reasonable notice to said holder, a hearing shall be had upon said complaint and if said charge is substantiated said exemption shall be revoked and said certificate canceled.
Laws 1927, c. 75, p. 114, § 4, emerg. eff. March 30, 1927.
§725. Veterans to whom provisions available.
The provisions of this act shall be available to any disabled person who served during World War I and World War II, or any State of National Emergency as declared by the President of the United States, in the military or naval forces of any nation allied or associated with the United States, provided that said person was at the time of enlisting in said military or naval forces a citizen of the United States and is a citizen of the United States at the time he or she applies for the benefit of this act; provided, such persons have complied with the provisions of Section 1 of this act.
Laws 1923, c. 136, p. 227, § 4, emerg. eff. Feb. 8, 1923; Laws 1927, c. 75, p. 114, § 5, emerg. eff. March 30, 1927; Laws 1943, p. 232, § 3, emerg. eff. April 3, 1943; Laws 1951, p. 247, § 1, emerg. eff. May 16, 1951.
§726. Nontransferability of privileges Penalty.
The privileges granted by this act shall not be assignable or transferable to or used by any other person or persons except those persons to whom certificates have been issued as herein provided. Any person who violates any provision of this act shall be guilty of a misdemeanor and shall, upon conviction, be fined not less than Twenty Dollars ($20.00) nor more than Two Hundred Dollars ($200.00).
Laws 1923, c. 136, p. 227, § 5, emerg. eff. Feb. 8, 1923; Laws 1927, c. 75, p. 115, § 6, emerg. eff. March 30, 1927; Laws 1959, p. 349, § 2, emerg. eff. April 15, 1959.
§72-6-1. Impersonating member or veteran of the United States Armed Forces - Punishment.
A. Any person who knowingly with intent to impersonate and with intent to deceive, misrepresents himself or herself as a member or veteran of the United States Armed Forces by wearing any decoration or medal authorized by the Congress of the United States for the Armed Forces of the United States, or any of the service medals or badges awarded to the members of such forces, or the ribbon, button, or rosette of any such badge, decoration or medal, or any colorable imitation thereof, except when authorized under regulations as authorized by the applicable federal law, shall be guilty of a misdemeanor and shall be fined One Hundred Dollars ($100.00) or be imprisoned in the county jail for a period of not more than six (6) months or both.
B. If a decoration or medal involved in an offense under subsection A of this section is a Congressional Medal of Honor, the offender shall upon conviction be guilty of a felony and fined an amount not to exceed Five Thousand Dollars ($5,000.00) or be imprisoned in the county jail for a period of not more than one (1) year, or both.
C. If a person presents any falsified or altered document as proof of service or authorization for decoration or medal, such person shall be guilty of a felony and fined an amount not to exceed Five Thousand Dollars ($5,000.00) or be imprisoned in the county jail for a period of not more than one (1) year.
Added by Laws 2005, c. 360, § 1, eff. Nov. 1, 2005.
§72-6-2. Wearing uniform of the United States Armed Forces or Public Health Service - Punishment.
Whoever, in any place within the jurisdiction of the State of Oklahoma, without authority as defined in the United States Code, wears the uniform or any distinctive part thereof or anything similar to a distinctive part of the uniform of any of the Armed Forces of the United States, Public Health Service or any auxiliary of such, with the intent to deceive by impersonating a member of the Armed Forces or a veteran, shall be guilty of a misdemeanor and fined an amount not to exceed One Thousand Dollars ($1,000.00) or be imprisoned in the county jail for a period of not more than one (1) year or both.
Added by Laws 2005, c. 360, § 2, eff. Nov. 1, 2005.
§72-6-3. Manufacture, reproduction, or sale of objects related to certain Veterans' organizations - Punishment.
A. Whoever knowingly manufactures, reproduces, sells or purchases for resale, either separately or on or appended to, any article of merchandise manufactured or sold, any badge, medal, emblem, or other insignia or any colorable imitation thereof, of any veterans’ organization incorporated by enactment of the Congress of the United States, or of any organization formally recognized by any such veterans’ organization as an auxiliary of such veterans’ organization, or knowingly prints, lithographs, engraves or otherwise reproduces on any poster, circular, periodical, magazine, newspaper, or other publication, or circulates or distributes any such printed matter bearing a reproduction of such badge, medal, emblem, or other insignia or any colorable imitation thereof, except when authorized under rules and regulations prescribed by any such organization, shall be guilty of a misdemeanor and fined an amount not to exceed Five Hundred Dollars ($500.00) or be imprisoned in the county jail for a period of not more than one (1) year or both.
B. As used in subsection A of this section, “sells” includes trades, barters, or exchanges anything of value.
Added by Laws 2005, c. 360, § 3, eff. Nov. 1, 2005.
§72-7. State-operated parks and museum admission.
All honorably discharged veterans who are currently Oklahoma residents shall be allowed free admission to all state-owned or state–operated parks and museums. A valid Oklahoma driver license or state photo identification card and military discharge papers (DD Form 214) or similar evidence of an honorable discharge from the United States Armed Forces shall be required for free admission.
Added by Laws 2008, c. 363, § 1, eff. Nov. 1, 2008.
§7221. Purchase of record book authorized.
The county commissioners in each county in the State of Oklahoma are hereby authorized to purchase a bound or looseleaf record in which to record the names and all matters pertaining to the discharge of returned soldiers and sailors in their respective counties.
Laws 1919, c. 94, p. 147, § 1, emerg. eff. April 2, 1919.
§7222. Duties of county clerk Violation a misdemeanor.
All recording of said discharges shall be done by the clerical force in the county clerk's office, without charge and shall also furnish certified copies of said discharges without charge, and any clerk or other person who makes any charge for such service shall be guilty of a misdemeanor.
Laws 1919, c. 94, p. 147, § 2, emerg. eff. April 2, 1919.
§7223. Copies of records Court clerks Judges of the district courts Registrar of vital statistics.
The court clerks and judges of the district courts of the several counties of this state, and the Registrar of the Bureau of Vital Statistics of this state, when requested so to do by any member of the armed forces of the United States, those serving during World War II, or by their dependents or by any person in behalf of such enlisted members or their dependents, or by any honorably discharged person who served in any branch of the military or naval forces of the United States during any war in which the United States participated as a belligerent, or by the dependents of such honorably discharged persons, or by any person in their behalf, or by the Commissioner of Pensions of the United States, or by the Director of the United States Veterans' Bureau, or Regional Manager of any Regional office of the United States Veterans' Bureau, shall furnish, without charge or fee therefor, duly certified copies of any decree of divorce, marriage license, certificate of marriage, birth certificate, certificate of death, order appointing administrator or guardian, letters of administration or guardianship, bond of administrator or guardian, order discharging administrator or guardian, or other judgment, decree or document required by law or by any rule or regulation of the Bureau of Pensions or the United States Veterans' Bureau to be furnished as evidence to establish a claim on behalf of those persons enumerated above, for issuance of a birth certificate, pension, compensation, family allowance, bonus, or other money or moneys claimed to be due and payable by or through said Bureau of Pensions or United States Veterans' Bureau.
Laws 1927, c. 20, p. 20, § 1, emerg. eff. April 6, 1927; Laws 1943, p. 232, § 1, emerg. eff. March 30, 1943.
§7231. County commissioners Burial of soldiers and sailors.
It shall be the duty of the county commissioners in each of the counties of this state, to designate the township trustee, or for good reasons, some person other than the township trustee in each township, whose duty it shall be to cause to be decently interred the body of any honorably discharged ExUnion soldier, sailor, or marine, or of any ExConfederate soldier, sailor or marine, who served in the Union or Confederate Army during the Civil War, and those of any honorably discharged person who served in any branch of the military or naval forces of the United States during any war in which the United States participated as a belligerent, and who may hereafter die without leaving sufficient means to defray funeral expenses. Such burial shall not be made in any cemetery or burial ground or that portion of any burial ground used exclusively for the burial of the pauper dead; provided, that the expense of such burial shall not exceed the sum of One Hundred Dollars ($100.00); provided, further, that in case surviving relatives of the deceased shall desire to conduct the funeral and are unable to pay the charges thereof, they shall be permitted to do so, and the expenses shall be paid as herein provided.
R.L.1910, § 4549; Laws 1923, c. 200, p. 350, § 1, emerg. eff. March 26, 1923; Laws 1943, p. 233, § 1, emerg. eff. April 3, 1943.
§7232. Expenses paid by county.
The expenses of such burial shall be paid by the county in which such soldier, sailor or marine resided at the time of his death, and the board of county commissioners of such county is authorized and directed to audit the account and pay the said expenses in a similar manner as other accounts against such county are audited and paid.
R.L. 1910, § 4550.
§7233. State Veterans Cemetery Establishment.
A. The Oklahoma Department of Veterans Affairs, acting by and through the War Veterans Commission, is authorized to accept any donation or gift of land for the purpose of establishing a State Veterans Cemetery and may enter into agreements with the federal government, the state, or any political subdivision of the state for acquiring by gift, purchase or otherwise such lands as are in the judgment of the Commission suitable and desirable for the State Veterans Cemetery.
B. Any land acquired by the Department on behalf of the state for the purpose of establishing the State Veterans Cemetery shall be in the custody of and subject to the jurisdiction, management and control of the Department. The Commission shall promulgate rules and regulations establishing criteria for the use of such cemetery and any costs or fees necessary for burial and maintenance purposes.
Laws 1989, c. 137, § 1, emerg. eff. May 1, 1989.
§72-41. Rooms in courthouses.
The board of county commissioners of any county in the State of Oklahoma, is hereby authorized to lease, rent or donate any room in the Court House for the use of the Grand Army of the Republic, the American Legion, Confederate Soldiers, or any patriotic society, in their business and social meeting, and to establish reading rooms and other amusements, as said order may see fit.
Laws 1921, c. 39, p. 57, § 1, emerg. eff. March 8, 1921.
§72-46. Repealed by Laws 1991, c. 13, § 4, emerg. eff. March 25, 1991.
§7247. Private employment Restoration to position or employment at expiration of military service.
If a person was in the employment of any private employer, firm, company, partnership or corporation, it is hereby declared to be the sense of the Legislature that such person, upon the expiration of the person's period of active duty in the military service of the United States, be restored to the position or employment in which the person was engaged at the time of being ordered into the active military service of the United States pursuant to the provisions of the federal Uniformed Services Employment and Reemployment Rights Act of 1994, Title 38, Chapter 43 of the United States Code.
Added by Laws 1941, p. 438, § 2, emerg. eff. May 12, 1941. Amended by Laws 2002, c. 396, § 2, emerg. eff. June 5, 2002.
§72-48. Leave of absence during active or inactive duty or service - Public employees.
All officers and employees of the state or a political subdivision thereof who are members, either officers or enlisted, of the National Guard or any branch of the United States Military or its reserve components, shall, when ordered by the proper authority to active or inactive duty or service, be entitled to a leave of absence from such civilian employment for the period of such service without loss of status or seniority. During the first thirty (30) calendar days for employees of political subdivisions or the first thirty (30) regularly scheduled work days for state employees of such leave of absence in any federal fiscal year, the officers or employees shall receive their full regular pay from the employing state agency or political subdivision. During the remainder of such leave of absence in any federal fiscal year, the employing state agency or political subdivision may elect to pay the officer or employee an amount equal to the difference between their full regular pay from the employing state agency or political subdivision and their military pay, except that state officers and employees shall receive the difference between their full regular pay and their Reserve Components pay when they are ordered by proper authority to active or inactive service retroactive to the date that the officer or employee reported to active service on or after September 11, 2001, during the period that Operation Enduring Freedom is in effect. The durational limit of protected military service as provided for in this section shall not be less than that provided by federal law. If it is necessary in the public interest to provide for the performance of the duties of their positions during such absence, the authority having power to fill a vacancy in the positions may appoint substitutes, to be known as acting incumbents, who shall qualify as required for the regular incumbents and shall receive the same pay, including benefits and pay adjustments as fixed by law, if any, or otherwise such pay, including benefits and pay adjustments, as may be fixed by proper authority.
The Office of Personnel Management shall promulgate rules as necessary to implement the provisions of this section that relate to state employees.
Added by Laws 1947, p. 302, § 1, emerg. eff. May 16, 1947. Amended by Laws 1973, c. 275, § 2, emerg. eff. May 30, 1973; Laws 1988, c. 31, § 2, eff. Oct. 1, 1988; Laws 1991, c. 13, § 3, emerg. eff. March 25, 1991; Laws 1991, c. 232, § 6, emerg. eff. May 24, 1991; Laws 1992, c. 164, § 1, emerg. eff. May 5, 1992; Laws 1994, c. 94, § 3, eff. July 1, 1994; Laws 2002, c. 396, § 3, emerg. eff. June 5, 2002; Laws 2003, c. 212, § 5, eff. July 1, 2003; Laws 2006, c. 179, § 1, emerg. eff. May 23, 2006.
§72-48.1. Leave of absence during active service - Private sector employees.
All officers and employees of any employer in the private sector, who are members, either officers or enlisted, of the Reserve Components, to include the Army and Air National Guard and the Army, Navy, Air Force, Marine Corps, and Coast Guard Reserves, or any other component of the Armed Forces of the United States, shall, when ordered by the proper authority to active or inactive duty or service, be entitled to a leave of absence from such private civilian employment for the period of such service without loss of status or seniority. During such leave of absence in any federal fiscal year, the employer in the private sector may elect to pay the officer or employee an amount equal to the difference between his full regular pay from the employer in the private sector and his military pay. The durational limit of protected military service as provided for in this section shall not be less than that provided by federal law.
If any employer in the private sector fails to comply with the provisions of this section, the officer or employee may bring an action in district court for actual and compensatory damages for such noncompliance and may be granted such relief as is just and proper under the circumstances.
Added by Laws 1994, c. 94, § 4, eff. July 1, 1994.
§72-48.2. Extension of professional license during active duty.
A. As used in this section, “license” means any license issued pursuant to:
1. Title 59, Professions and Occupations; and
2. Title 5, Attorneys and State Bar.
B. Any license held by a member of the National Guard or reserve component of the armed forces that expires while the member is on active duty shall be extended until ninety (90) days after the member is discharged from active duty status.
C. The licensing agency shall renew a license extended pursuant to subsection B until the next date that the license expires or for the period that the license is normally issued, at no cost to the member of the National Guard or reserve component of the armed forces if all of the following conditions are met:
1. The National Guard member or reservist requests renewal of the license within ninety (90) days after being discharged;
2. The National Guard member or reservist provides the licensing agency with a copy of the official orders of the member or reservist calling the member or reservist to active duty, and official orders discharging the member or reservist from active duty; and
3. The National Guard member or reservist meets all the requirements necessary for the renewal of the license, except the member or reservist need not meet the requirements, if any, that relate to continuing education or training.
D. The provisions of this section do not apply to regularly scheduled annual training.
Added by Laws 2005, c. 130, § 5, eff. Nov. 1, 2005.
§72-49. Repealed by Laws 1947, p. 578, § 2, emerg. eff. May 16, 1947.
§7249.1. Removal of disability of minority.
The disability of minority of any person otherwise eligible for guaranty of a loan pursuant to the "Servicemen's Readjustment Act of 1944", 78th Congress, as amended, and of the spouse of such person, is hereby removed for the purposes of enabling such persons to enter into valid contracts for the acquiring or encumbering, or selling and conveying property and the incurring of indebtedness or obligations incident to either or both, or the refinancing thereof, and litigating or settling controversies arising therefrom, if all or part of the obligations or indebtedness incident to such transaction are or ultimately may be guaranteed by the administrator of veteran's affairs pursuant to such act and an application signed by such minor; and for the purpose of entering into any contract with the State of Oklahoma or any political subdivision thereof or municipal corporation therein, or the United States Government or any agency thereof; provided nevertheless, that this section shall not be construed to impose any other or greater rights or liabilities than would exist if such person and such spouse were each at least eighteen (18) years of age.
Laws 1947, p. 578, § 1, emerg. eff. May 16, 1947; Laws 1972, c. 221, § 8, eff. Aug. 1, 1972.
§7250.1. Powers of military officers.
For the purposes as set forth in this act, military officers, as designated herein, shall have the same power and authority to administer oaths and affirmations, and take depositions, affidavits and acknowledgments of persons in the military, naval, or other armed services of the United States, as officers now authorized by the laws of this state for like purposes.
Laws 1944, Ex. Sess., p. 22, § 1, emerg. eff. April 24, 1944.
§7250.2. Rank of officer Spouse's acknowledgment Authentication Acknowledgment before notary.
The deed of any person, for the conveyance of real estate within this state, or for any other purpose, powers of attorneys, and other instruments requiring acknowledgments or the taking and subscribing of oaths, may, if such person is engaged in the military service of the United States, be acknowledged before any officer in said service of the rank of Sergeant or higher, and, if such person is engaged in the naval service of the United States, before any officer of the rank of Petty Officer or higher, and, if such person is engaged in any other armed service of the United States, before any officer of a rank corresponding to those mentioned above; and such deeds, powers of attorneys, and other instruments so acknowledged shall be accepted and recorded in this state in the same manner as if taken before any officer now authorized by the laws of this state to take such acknowledgments. Provided further, that if the acknowledgment of any person herein be of such a nature as to require a joint or separate acknowledgment of his or her spouse, the officers designated herein shall have power to take the acknowledgment of such spouse, and instruments upon which such acknowledgments appear shall be entitled to recording under the laws of this state. No authentication of an officer's certificate of acknowledgment shall be required, but the officer taking the acknowledgment or subscription shall sign his name and set forth his rank or title and branch of service, and such statement by said officer as to his rank, title and branch of service, and his home address, shall be prima facie evidence thereof. Nothing herein shall be construed as preventing any person named herein from acknowledging instruments before a notary public or other officer of this or any other state or foreign country whose acknowledgments are recognized for the purpose of recording under the laws of this state.
Laws 1944, Ex. Sess., p. 22, § 2, emerg. eff. April 24, 1944.
§7250.3. Acknowledgments and subscriptions validated.
Acknowledgments and subscriptions made in substantial conformity with this act since the President's proclamation of an emergency on September 8, 1939, are hereby validated and legalized.
Laws 1944, Ex. Sess., p. 22, § 3, emerg. eff. April 24, 1944.
§72-50.4. Repealed by Laws 1989, c. 154, § 2, operative July 1, 1989.
§7250.11. Persons entitled to benefits as exservice persons or war veterans.
In determining those persons entitled to benefits under the laws of the State of Oklahoma, the War Veterans Commission of Oklahoma shall include among those eligible as "exservice persons" and/or "war veterans" those persons who were residents of the State of Oklahoma for one (1) year prior to the date of their enlistment in the Naval or Armed Forces of Canada during World War II, PROVIDED:
(a) Said person meets all other eligibility requirements as established by the laws of the State of Oklahoma and/or rules and regulations promulgated by the War Veterans Commission of Oklahoma.
(b) Said person submits to the War Veterans Commission of Oklahoma satisfactory proof of residence in the State of Oklahoma for one (1) year prior to entry into the service of the Naval or Armed Forces of Canada.
(c) Said person has received an Honorable Discharge from service with the Naval or Armed Forces of Canada.
(d) Said person submits to the War Veterans Commission of Oklahoma satisfactory proof of residence in the State of Oklahoma for one (1) year preceding date of application for benefits.
Laws 1953, p. 400, § 1, emerg. eff. May 14, 1953.
§7250.21. Qualifications of recipients.
Any person having the following qualifications is hereby authorized to apply for, receive, and display a certain badge or medal, to be known as "The Oklahoma Cross of Valor":
(1) Was a resident of Oklahoma at the time of entering the military service of the United States;
(2) The military service referred to in (1) above, was performed during either World War II, the Korean Conflict or the Republic of Vietnam Conflict, or during any period of time in which the United States participated in a war, campaign or battle;
(3) Was made and officially listed as captive by the enemy during the service mentioned in (2) above; and
(4) Was honorably discharged from the military service.
Laws 1953, p. 401, § 1, emerg. eff. May 12, 1953; Laws 1973, c. 120, § 1, emerg. eff. May 4, 1973; Laws 1991, c. 205, § 1, emerg. eff. May 17, 1991.
§7250.22. Procedure for applications and approval.
The Governor shall fix the procedure in applying for and issuing of the said medal; he shall fix the manner and method of approving applications or recommendations for the said award.
Laws 1953, p. 401, § 2, emerg. eff. May 12, 1953.
§7250.23. Design Payment of cost.
The Governor shall fix, or cause to be fixed, the character and design of the medal herein referred to; provided any such design shall include the words stamped or raised thereon, "Oklahoma Cross of Valor"; provided further, the Governor is hereby authorized to expend, from the Governor's contingency fund, any monies for the cost of said medals or badges.
Laws 1953, p. 401, § 3, emerg. eff. May 12, 1953.
§72-50.24. Korean Conflict Medallion Program.
A. There is hereby created the “Korean Conflict Medallion Program”.
B. The Oklahoma Korean Conflict Medallion award shall consist of a medallion, medal, and certificate of appreciation. A veteran shall be eligible for the award if the veteran:
1. Was a resident of Oklahoma at the time of entering the military service of the United States;
2. Served in active duty in the United States Military at any time beginning June 27, 1950, through January 31, 1955; and
3. Was honorably separated or discharged from military service, still in active service in an honorable status, or was in active service at the time of his or her death.
C. The Oklahoma Korean Conflict Medallion award shall be awarded regardless of whether or not such veteran served within the United States or in a foreign country. The award shall be awarded regardless of whether or not such veteran was under eighteen (18) years of age at the time of enlistment. For purposes of this section, “veteran” means any person defined as a veteran by the United States Department of Veterans Affairs or its successor agency.
D. The Oklahoma Department of Veterans Affairs shall administer the Korean Conflict Medallion Program and set the procedures for awarding the medallion, medal and certificate.
E. In order to create statewide involvement in the design of the award in recognition of this historic endeavor, the Governor shall solicit potential designs from elementary and secondary schools, veterans’ groups, and any other interested parties, provided any such design shall include the words “Oklahoma Korean Conflict Medallion”. The Oklahoma Department of Veterans Affairs is authorized to expend any monies appropriated to the Oklahoma Department of Veterans Affairs for the cost of such medals, medallions and certificates, subject to the availability of the funds.
Added by Laws 2004, c. 473, § 1, eff. July 1, 2004.
§72-50.25. Oklahoma Legislative Medal of Honor.
A. The Oklahoma Legislative Medal of Honor shall be awarded to a member of the state or federal military forces designated by concurrent resolution of the Legislature who voluntarily performs a deed of personal bravery or self-sacrifice involving risk of life that is so conspicuous as to clearly distinguish the person for gallantry and intrepidity above the person’s comrades. The medal shall be awarded based on the standard of extraordinary merit. The medal shall be awarded only on incontestable proof of performance of the deed. To be eligible for the Oklahoma Legislative Medal of Honor, a person shall:
1. Have been born in this state;
2. Reside in this state or have been a resident of this state on the person’s death; or
3. Have been a resident of this state when the person entered military service.
B. A person is not ineligible for the Oklahoma Legislative Medal of Honor because the person has received any other medal or award for military service, including a medal or award made by the United States.
C. To receive the Oklahoma Legislative Medal of Honor, a person shall be nominated during a regular session of the Legislature by majority vote of all the members of a nominating committee consisting of:
1. The Adjutant General or the Adjutant General’s designated representative;
2. The Lieutenant Governor or the Lieutenant Governor’s designated representative;
3. The Speaker of the House of Representatives or the Speaker’s designated representative;
4. The President Pro Tempore of the Senate or the President Pro Tempore’s designated representative;
5. The chair of the standing committee of each house of the Legislature with primary jurisdiction over military and veteran affairs; and
6. The Oklahoma Director of the Department of Veterans Affairs.
D. The Department of Veterans Affairs shall design the medallion and ribbon for the Oklahoma Legislative Medal of Honor.
E. The Legislature by concurrent resolution may direct the Governor to award the Oklahoma Legislative Medal of Honor to a person nominated by the nominating committee. The committee chairs serving on the nominating committee shall jointly prepare a concurrent resolution directing the Governor to award the medal to a person nominated. The Legislature shall direct the medal to be awarded only during a regular session and shall not direct the medal to be awarded to more than one person during a regular session.
Added by Laws 2008, c. 68, § 1, eff. Nov. 1, 2008.
§72-50.31. Repealed by Laws 1968, c. 102, § 2, eff. April 1, 1968.
§72-50.41. Repealed by Laws 1975, c. 7, § 1, emerg. eff. Feb. 7, 1975.
§72-50.42. Repealed by Laws 1975, c. 7, § 1, emerg. eff. Feb. 7, 1975.
§72-51. Repealed by Laws 1947, p. 580, § 4.
§72-52. Repealed by Laws 1947, p. 580, § 4.
§72-53. Repealed by Laws 1947, p. 580, § 4.
§72-53.1. Repealed by Laws 1947, p. 580, § 4.
§72-54. Repealed by Laws 1953, p. 403, § 6, emerg. eff. Feb. 19, 1953; Laws 1955, p. 458, § 6, emerg. eff. May 6, 1955.
§72-54.1. Repealed by Laws 1979, c. 30, § 164, emerg. eff. April 6, 1979.
§72-54.2. Repealed by Laws 1979, c. 47, § 109, emerg. eff. April 9, 1979.
§72-55. Soldiers' Memorial Hospital - Selection of site - Erection of building - Designation of hospital.
Said Commission is hereby authorized and directed to select a site for a general hospital and vocational training building and to accept in the name of the state a grant or conveyance in fee simple of suitable site. Said Commission is hereby authorized and directed to erect and establish a permanent General Hospital, provided that said hospital shall contain not less than five hundred (500) beds. Said hospital shall be known as the Oklahoma Soldiers' Memorial Hospital.
Laws 1921, c. 223, p. 251, § 3, emerg. eff. May 21, 1921.
§72-56. Lease of Hospital - Construction and maintenance.
The Commission for the Oklahoma Memorial Hospital may enter into negotiation and make any agreement with the accredited representatives of the United States for the purpose of renting or leasing any or all of said Soldiers' Memorial Hospital for such time and for such terms as in the judgment of the said Commission they deem proper. Said hospital shall be constructed and maintained under the direction of the Commission created under Section One hereof. Contracts may be let and money expended in the construction of said hospital, including money spent for the purpose of installing and constructing a spur track to an amount not exceeding Five Hundred Thousand Dollars ($500,000.00). The work of construction shall be expedited and shall proceed as rapidly as possible under such rules and regulations as may be promulgated by said Commission. The work of construction shall be done pursuant to drawings, designs, plans and specifications prepared under the direction of the Commission created by Section One of this act. Said Commission shall have the power to employ suitable architects, engineers and other experts necessary and proper for the execution of said plans, and for the further purpose of advising the Commission on technical matters; said Commission shall also have the power to employ necessary clerical help, and to have made such soil, surface, test pits, test borings and the like as may be necessary and proper.
The Commission shall advertise in at least one daily newspaper of general circulation in this state for a period of at least two (2) weeks, for bids and shall let the contract to the lowest responsible and reputable bidder. Successful bidder shall give surety bond to the State of Oklahoma for the contract price, for the satisfactory and full performance of their contract.
Laws 1921, c. 223, p. 252, § 4, emerg. eff. May 21, 1921.
§72-57. Repealed by Laws 1961, p. 587, § 1.
§72-58. Repealed by Laws 1947, p. 580, § 4, emerg. eff. April 24, 1947.
§72-59. Repealed by Laws 1981, c. 254, § 15, operative July 1, 1981.
§72-60. Repealed by Laws 1953, p. 403, § 6, emerg. eff. Feb. 19, 1953; Laws 1955, p. 458, § 6, emerg. eff. May 6, 1955.
§72-61.1. Repealed by Laws 1981, c. 254, § 15, operative July 1, 1981.
§72-61.2. Repealed by Laws 1981, c. 254, § 15, operative July 1, 1981.
§72-61.3. Repealed by Laws 1979, c. 30, § 164, emerg. eff. April 6, 1979.
§72-61.4. Repealed by Laws 1979, c. 47, § 109, emerg. eff. April 9, 1979.
§72-61.5. Repealed by Laws 1981, c. 254, § 15, operative July 1, 1981.
§7263.1. Commission and Department created Cabinetlevel status Composition Administration.
There is hereby created the War Veterans Commission of Oklahoma, and the Oklahoma Department of Veterans Affairs, which shall be a cabinetlevel department pursuant to the provisions of Section 10.3 of Title 74 of the Oklahoma Statutes. The Department shall consist of a departmental headquarters and such Veterans Centers as are operated by the Department. The Department shall be administered under such rules, regulations and policies as may be prescribed by the War Veterans Commission. All reference in any law of this state referring to or naming the Soldiers Relief Commission shall be construed to refer to and name the War Veterans Commission of Oklahoma.
Laws 1947, p. 578, § 1, emerg. eff. April 24, 1947; Laws 1969, c. 184, § 1; Laws 1981, c. 169, § 1, emerg. eff. May 13, 1981; Laws 1989, c. 27, § 1, operative July 1, 1989.
§7263.2. Members of Commission Filing copy of audit by veterans' organizations.
The War Veterans Commission of Oklahoma shall consist of nine (9) members. Members shall be honorably discharged veterans of any war or conflict in which the United States participated as a belligerent provided three of the members shall be veterans of the Vietnam Conflict. The members shall be selected in the following manner: The state executive board or committees of the veterans' organizations in Oklahoma who have had accredited representatives at the Veterans Administration Regional Office in Oklahoma for at least ten (10) previous consecutive years shall each submit to the Governor of Oklahoma a list of ten persons qualified to serve as members of the War Veterans Commission of Oklahoma. Said list shall be submitted to the Governor not later than one (1) month prior to the expiration of the terms of office of the members of the War Veterans Commission. The Governor shall name four members of the War Veterans Commission from lists submitted by the American Legion, three members of the War Veterans Commission from the lists submitted by the Veterans of Foreign Wars and two members of the War Veterans Commission from lists submitted by the Disabled American Veterans. Provided, that only those veterans' organizations recognized to present claims before the Veterans Administration, or its successor, and maintaining a headquarters within the State of Oklahoma shall be eligible to submit a list of names to the Governor as provided above.
The executive officer of each veterans' organization operating within the State of Oklahoma shall on or before January 1 of each year submit to the Secretary of State a copy of the annual audit of the organization for the immediate preceding fiscal year of the organization. Such audit shall clearly show the total paid membership of the organization and shall be certified to by a certified public accountant. The members of the Commission shall be appointed by the Governor with advice and consent of the Senate. Each organization qualifying for membership on the Oklahoma State War Veterans Commission shall submit a list of ten names to the Governor to choose from when a vacancy on the War Veterans Commission occurs.
Before any member appointed as provided herein shall enter upon his duties as a member of the Commission he shall take and subscribe to the oath of office as required by the Constitution of this state.
Present members of the Commission shall continue in office until the expiration of their terms and until their successors are appointed and enter upon the duties of their offices. Appointments shall be made for a threeyear period. Any vacancy on the Commission resulting from any cause shall be filled by appointment by the Governor for the remainder of the term as provided in this section.
Laws 1947, p. 579, § 2, emerg. eff. April 24, 1947; Laws 1970, c. 100, § 1, emerg. eff. March 30, 1970; Laws 1970, c. 142, § 1, emerg. eff. April 7, 1970; Laws 1970, c. 254, § 6, emerg. eff. April 21, 1970; Laws 1976, c. 10, § 1, emerg. eff. Feb. 16, 1976; Laws 1981, c. 169, § 2, emerg. eff. May 13, 1981; Laws 1985, c. 295, § 3, emerg. eff. July 24, 1985.
§7263.3. Powers and duties of Commission Travel expenses.
The War Veterans Commission shall perform all acts necessary or proper to afford emergency, temporary and permanent relief and assistance to all honorably discharged exservice persons of all wars of the United States of America and to their dependents, and shall perform such other duties as may be prescribed by law. The Commission is authorized to promulgate rules and regulations, in accordance with the Administrative Procedures Act, for the operation and maintenance of the Department of Veterans Affairs; provided, however, in all cases priority and preference shall always be given to disabled or diseased exservice persons. The members of said Commission shall be reimbursed for necessary travel as provided in the State Travel Reimbursement Act. In addition to its other powers and duties as herein provided, the Commission shall have the following specific powers and duties which shall, however, not be deemed to be exclusive:
1. To organize itself by the election of a Chairman, Vice Chairman and Secretary, who shall perform the duties required of them by the rules and regulations, but shall receive no extra compensation therefor, and to provide for the time and place of meetings of the Commission;
2. To appoint the Director of the Department of Veterans Affairs and provide for the employment of all such other personnel as may be necessary to carry out the provisions of Sections 63.1 through 63.4 of this title, and any other duties prescribed by law. The salary and tenure of the Director of the Department shall be determined by the Commission; and
3. To approve all claims or expenditures from such appropriations as may be made to the Commission prior to the payment thereof except as may be otherwise provided by law.
Laws 1974, p. 580, § 3, emerg. eff. April 24, 1947; Laws 1979, c. 5, § 1, operative July 1, 1979; Laws 1981, c. 169, § 3, emerg. eff. May 13, 1981; Laws 1985, c. 178, § 67, operative July 1, 1985.
§7263.4. Partial invalidity.
It is the intention of the Legislature to enact each and every part of this act and if any section, paragraph, sentence, item or clause of this act shall for any reason be held unconstitutional, such decision shall not affect the validity of the remaining portions of this act.
Laws 1947, p. 580, § 5, emerg. eff. April 24, 1947.
§7263.5. Collections from patients and members for care and maintenance.
The War Veterans Commission is hereby authorized to make collections from eligible patients and members for care and maintenance. Payments shall be established in the following manner:
1. All sources of personal income, except wages of a working spouse, except as provided in this section, shall be considered when computing care and maintenance charges, including pensions and awards for aid and attendance from the Veterans Administration;
2. Care and maintenance charges shall be computed in a manner to maximize the Veterans Administration pension and compensation benefits to which the veteran is entitled and shall allow a veteran to retain not less than One Hundred Fifty Dollars ($150.00) per month of total monthly income;
3. The care and maintenance charge shall not exceed the full cost of care minus the Veterans Administration per diem payment;
4. Spouses, widows and widowers of eligible war veterans are authorized to be admitted and maintained in the Oklahoma veterans centers. The facilities admitting and maintaining spouses, widows and widowers shall make collections from said spouses, widows and widowers first and to the fullest extent from sources of income other than pension and compensation paid by the Veterans Administration; and
5. The claim of the state for such care and maintenance shall constitute a valid indebtedness against any such patient or member and his estate and shall not be barred by any statute of limitations except as otherwise allowed by the Oklahoma Indigent Health Care Act. At the death of the patient or member, this claim shall be allowed and paid as other lawful claims against the estate. Provided, no admission or detention of a patient in an Oklahoma veterans center shall be limited or conditioned in any manner by the lack of ability to pay of a patient or member, his estate, or any relative of the patient or member. Any monies collected by the provisions of this section shall be deposited in the Department of Veterans Affairs Revolving Fund.
Laws 1961, p. 704, § 5, emerg. eff. July 31, 1961; Laws 1981, c. 169, § 4, emerg. eff. May 13, 1981; Laws 1984, c. 249, § 5, operative July 1, 1984; Laws 1987, c. 206, § 80, operative July 1, 1987; Laws 1987, c. 236, § 38, emerg. eff. July 20, 1987; Laws 1992, c. 204, § 1, eff. Sept. 1, 1992.
§7263.6. Workers' compensation for certain employees of State War Veterans Home Facilities.
The War Veterans Commission of Oklahoma is hereby authorized and empowered to provide workers' compensation insurance for all guards, motor vehicle operators, maintenance personnel, registered nurses, registered practical nurses and attendants employed by the institutions included in the Oklahoma State War Veterans Home Facilities.
Laws 1961, p. 593, § 1, emerg. eff. Aug. 7, 1961.
§7263.7. Requirements for administrative personnel.
No funds shall be expended for the employment or salary of any administrative personnel not under the provisions of the State Merit System of Personnel Administration, at any facility under the direct supervision and jurisdiction of the War Veterans Commission of Oklahoma, unless honorably discharged veterans were given priority consideration.
Laws 1972, c. 139, § 6, emerg. eff. April 7, 1972; Laws 1973, c. 249, § 6, emerg. eff. May 24, 1973; Laws 1981, c. 169, § 5, emerg. eff. May 13, 1981.
§72-63.7A. Classification of certain positions to Merit System of Personnel Administration.
A. Effective July 1, 1994, unclassified Department of Veterans Affairs' employees who were transferred from the Department of Human Services to the Department of Veterans Affairs on July 1, 1991, pursuant to Section 63.18 of this title, shall become permanent classified employees and subject to the provisions of the Merit System of Personnel Administration pursuant to Section 840.13 of Title 74 of the Oklahoma Statutes without regard to qualifications or examinations. Such employees shall be granted permanent status in the class to which the position occupied by the employee on the effective date of this act is allocated by the Office of Personnel Management. This section shall not apply to employees who are in the unclassified service pursuant to Section 63.18A of this title and Sections 840.8 and 840.10 of Title 74 of the Oklahoma Statutes.
B. Except as provided in Sections 63.9 and 63.18A of this title and Sections 840.8 and 840.10 of Title 74 of the Oklahoma Statutes, all officers, positions and employees of the Department of Veterans Affairs and its constituent institutions shall be subject to the provisions of the Merit System of Personnel Administration as created by the Oklahoma Personnel Act, Section 840.1 et seq. of Title 74 of the Oklahoma Statutes and the rules promulgated thereunder.
C. Nothing contained herein shall prevent the Department of Veterans Affairs from utilizing its authority to appoint or retain employees in the unclassified service pursuant to Sections 63.9 and 63.18A of this title and Sections 840.8 and 840.10 of Title 74 of the Oklahoma Statutes which are not in direct conflict with this section.
Added by Laws 1987, c. 206, § 81, operative July 1, 1987 and Laws 1987, c. 236, § 39, emerg. eff. July 20, 1987. Amended by Laws 1994, c. 333, § 1, emerg. eff. June 8, 1994.
§7263.8. Administration of various departments, agencies and funds.
The War Veterans Commission of Oklahoma shall have the authority to administer the affairs of the Department of Veterans Affairs, and to enter into agreements with the State Department of Rehabilitation Services for the vocational rehabilitation of disabled veterans in the Oklahoma State Veterans Centers. The Commission shall act as the funding agency for the State Accrediting Agency and provide office space for the staff of the agency. The State Accrediting Agency shall pay to the Commission their pro rata share of utilities and telephone service.
Added by Laws 1973, c. 249, § 3, emerg. eff. May 24, 1973. Amended by Laws 1981, c. 169, § 6, emerg. eff. May 13, 1981; Laws 1982, c. 303, § 9, operative July 1, 1982; Laws 1983, c. 176, § 1, emerg. eff. June 7, 1983; Laws 1993, c. 364, § 21, emerg. eff. June 11, 1993.
§7263.9. Muskogee and Tulsa Claims Offices Managers and assistant managers.
The Director of the Department of Veterans Affairs is authorized to employ a manager and an assistant manager for the Muskogee Claims Office and for the Tulsa Claims Office whose positions shall be unclassified and exempt from the rules and procedures of the Merit System of Personnel Administration, except leave regulations. Personnel employed in these classifications at the time of the passage and approval of this act may elect to remain in the classified service and be subject to the merit system rules and regulations.
Laws 1980, c. 219, § 7, emerg. eff. May 30, 1980; Laws 1981, c. 169, § 7, emerg. eff. May 13, 1981.
§7263.10. Employee training programs Funding Salary, tuition, and subsistence contracts.
A. The Oklahoma Department of Veterans Affairs is hereby authorized to establish within said Department or within any of the institutions operated by the Department training programs to train necessary personnel for the Department or its institutions, or may arrange for said programs with any public school or institution within this state having available facilities for said training. Funds of the Department or its institutions may be used to pay salaries or tuition and subsistence for employees or prospective employees in said training programs, pursuant to the provisions of subsection B of this section.
B. Any employee or prospective employee who, while receiving such training is paid a salary, or for whom tuition and subsistence are furnished shall enter into a contract with the Department prior to receiving any payment for salary, tuition, or subsistence. Said contract shall be in accordance with the rules and regulations promulgated by the War Veterans Commission of Oklahoma and shall include a stipulation that, unless the employee or prospective employee continues in the employ of the Department for a period equivalent to the length of the training, said employee or prospective employee shall reimburse the Department or institution for the amount of money paid to or for him by the Department during said training period.
Added by Laws 1983,