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ENGR. S. A. TO ENGR. H. B. NO. 2118 Page 1
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ENGROSSED SENATE AMENDMENT
TO
ENGROSSED HOUSE
BILL NO. 2118 By: Kannady of the House
and
Woods of the Senate
An Act relating to militia; amending 44 O.S. 2021,
Section 21, which relates to the establishment of the
Oklahoma Military Department; modifying Adjutant
General's duties; *** amending 44 O.S. 2021, Section
25, which relates to the rank of the Adjutant
General; adding a compensation guideline; amending 44
O.S. 2021, Section 26, which relates to authority and
duties of the Adjutant General; *** providing for
codification; and providing an effective date.
AMENDMENT NO. 1. Page 1, strike the title
Passed the Senate the 8th day of May, 2025.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2025.
Presiding Officer of the House
of Representatives
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ENGROSSED HOUSE
BILL NO. 2118 By: Kannady of the House
and
Woods of the Senate
An Act relating to militia; amending 44 O.S. 2021,
Section 21, which relates to the establishment of the
Oklahoma Military Department; modifying Adjutant
General's duties; amending 44 O.S. 2021, Section 24;
which relates to the appointment and eligibility of
the Adjutant General; modifying eligibility
requirements; amending 44 O.S. 2021, Section 25,
which relates to the rank of the Adjutant General;
adding a compensation guideline; amending 44 O.S.
2021, Section 26, which relates to authority and
duties of the Adjutant General; adding authority to
arm members; adding ability to accept donations for
Oklahoma National Guard programs; adding authority as
chief over the fire protection and police units under
the Oklahoma Military Departments; amending Section
1, Chapter 74, O.S.L. 2022 (44 O.S. Supp. 2024,
Section 233.10a), which relates to the Oklahoma
Military Department technology hardware or software;
exempting federal programs from Information Services
Division requirements; amending 44 O.S. 2021, Section
243, which relates to the rules and regulations over
the Oklahoma Military Department; modifying a
compensation regulation; amending 44 O.S. 2021,
Section 815, which relates to the exercise of
nonjudicial punishment; modifying certain titles;
amending 44 O.S. 2021, Section 821, which relates to
convening of court-martial; establishing guidelines
for convening of court-martial by federal officials;
amending 44 O.S. 2021, Section 875, which relates to
restoration under a court-martial sentence; modifying
Governor's authority to reappoint a dismissed officer
or member; establishing procedure for pay eligibility
during court-martial sentence; amending 44 O.S. 2021,
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Section 905, which relates to forger; establishing
definition and penalty for forgery; amending 44 O.S.
2021, Section 912, which relates to drunkenness and
other incapacitation offenses; modifying references;
amending 44 O.S. 2021, Section 912a, which relates to
wrongful use and possession of a controlled
substance; prohibiting the use of marijuana by
Oklahoma military forces; amending 44 O.S. 2021,
Section 928b, which relates to domestic violence;
establishing penalties for spousal abuse and intimate
partner violence by members of the Oklahoma Militia;
amending 44 O.S. 2021, Section 934, which relates to
general offenses; encompassing all specifically
enumerated offenses in Section 934 of Title 10 of the
United States Code; amending 44 O.S. 2021, Section
937, which relates to the explanation of articles;
modifying timeframe to explain articles; adopting the
Manual for Courts-Martial, United States, as the
Oklahoma State Manual for Courts-Martial;
establishing the "Benajmin T. Walkingstick National
Guard Complex" building; establishing guidelines for
convening of court-martial by federal officials;
creating the Oklahoma National Guard CareerTech
Assistance Act; providing short title; defining
terms; creating the Oklahoma National Guard
CareerTech Assistance Program to provide tuition
assistance to certain eligible members; providing for
amount of assistance subject to availability of
funding; limiting assistance to certain number of
years; allowing establishment of certain cap;
prohibiting assistance for courses taken in excess of
certain requirements; providing for eligibility;
providing eligibility retention requirements;
providing application process; allowing denial of
continued assistance for failure to meet certain
requirements; requiring repayment of assistance for
failure to meet certain requirement; providing for
calculation of repayment amount; allowing for
application of hardship waiver; directing certain
notification on available funding; providing for
promulgation of rules and regulations; directing
coordination of rules and regulations; creating the
Oklahoma National Guard CareerTech Assistance
Revolving Fund; specifying source of fund; providing
for expenditures; providing purpose of fund;
providing for transfer of benefits for dependents;
repealing 44 O.S. 2021, Section 940b, which relates
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to military publications; providing for codification;
and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 44 O.S. 2021, Section 21, is
amended to read as follows:
Section 21. The Military Department of the State of Oklahoma is
hereby established and shall be under the command and control of the
Governor as Commander in Chief, with the Adjutant General as the
executive and administrative head thereof. The Military Department
shall be constituted of the state military forces, as defined by
Section 801 of this title, and is hereby organized into a joint
headquarters which shall be identified as the joint forces
headquarters. The joint forces headquarters shall be jointly
staffed by Army National Guard and Air National Guard personnel who,
under the authority and direction of the Adjutant General, shall
support and assist the Adjutant General in the exercise of command
and control over state military forces when not activated for
federal duty under Title 10 of the United States Code. There shall
be assigned to the joint force forces headquarters, officers,
enlisted personnel, and civilian employees as may be considered
necessary by the Governor as Commander in Chief and as may be
authorized by law and Army National Guard regulations and Air
National Guard regulations the Adjutant General.
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SECTION 2. AMENDATORY 44 O.S. 2021, Section 24, is
amended to read as follows:
Section 24. A. The Adjutant General shall be appointed by the
Governor, by and with the advice and consent of the Oklahoma State
Senate, and shall serve at the pleasure of the Governor.
B. To be eligible to hold the office of Adjutant General of
this state, at the time of appointment, the appointee:
1. Shall be a federally recognized and currently serving as a
colonel or higher ranking officer of the Oklahoma National Guard and
of the National Guard of the United States for no less than three
(3) eight (8) years of service in the Oklahoma National Guard;
2. Shall possess at least the rank of Colonel; and
3. If not already a general officer, shall be eligible for a
Certificate of Eligibility pursuant to federal law and applicable
regulations issued by the Chief of the National Guard Bureau.
C. If the Oklahoma National Guard is in active federal service
and no persons having the qualifications required in subsection B of
this section are available within the state, then the Governor may
appoint, subject to the advice and consent of the Senate, any
suitably qualified person who at any time in the preceding ten (10)
years would have been qualified, as above, and who has served at
least two (2) years in active federal service in the grade of
Colonel or higher.
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SECTION 3. AMENDATORY 44 O.S. 2021, Section 25, is
amended to read as follows:
Section 25. A. The Adjutant General shall have the rank of
Major General and devote full time to the duties of the office.
Regardless of whether or not the Adjutant General has been
recognized federally at the rank of Major General at the time of
appointment by the Governor, the Adjutant General shall be
compensated at the same rate of pay afforded to a Major General
serving on federal Title 10 active duty with the same time in
service.
B. The Governor may appoint Assistant Adjutants General for
Army and Assistant Adjutants General for Air to assist the Adjutant
General in the discharge and performance of his or her duties. When
appointing Assistant Adjutants General, the Governor shall take into
consideration the number of such positions contemplated or
recommended by the National Guard Bureau for manning the joint
forces headquarters of a state. Such Assistant Adjutants General
shall have the qualifications prescribed by law for the Adjutant
General and shall have the rank of Brigadier General. The Assistant
Adjutants General appointed by the Governor shall be considered
staff officers and not commanders except that, in the discretion of
the Adjutant General, specific command or supervisory authority may
be delegated by the Adjutant General to an Assistant Adjutant
General but such delegation shall be accomplished in writing and
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shall be considered a military publication, as defined in Section
801 of this title (Article 1).
C. Other general officers assigned to billets within the state
military forces, including certain billets within the joint forces
headquarters, shall be considered staff officers and not commanders
except that, in the discretion of the Adjutant General, specific
command or supervisory authority may be delegated by the Adjutant
General to such general officers, but such delegation shall be
accomplished in writing and shall be considered a military
publication, as defined in Section 801 of this title (Article 1).
D. The Adjutant General may employ a state employee in the
position of Executive Assistant and Programs Manager for the
Military Department of the state. Said position shall be
unclassified and exempt from the Oklahoma Personnel Act and the
Merit Rules for Employment, except leave regulations.
SECTION 4. AMENDATORY 44 O.S. 2021, Section 26, is
amended to read as follows:
Section 26. A. The Adjutant General shall be in control of the
Military Department of the State of Oklahoma, subordinate only to
the Governor. Within the limitations and under the provisions of
law, he or she shall supervise and direct the Oklahoma National
Guard within the service of the state and when under state control
in all of its organization, training and other activities; shall
receive and give effect to the orders of the Governor; and shall
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perform such other military and defense duties, not otherwise
assigned by law, as the Governor may prescribe. The Adjutant
General shall have the authority to arm members of the state
military forces on military installations and other places under the
control of the Military Department with weaponry as the Adjutant
General deems necessary to adequately provide for the security of
the facilities and their occupants.
B. The Adjutant General, when absent from the state, may
temporarily delegate any authority vested under this title and any
such duties as an agency appointing authority to an Assistant
Adjutant General, other state officer or employee within the
Military Department of the State of Oklahoma. Such temporary
delegations of authority pursuant to this subsection shall be
accomplished in writing. The Adjutant General may also promulgate
regulations providing for the delegation of any such authority.
C. The Adjutant General shall develop, publish and maintain an
organizational chart depicting the chain of command between the
Adjutant General and the major commands of the Oklahoma National
Guard. Besides the major commands defined in Section 801 of this
title (Article 1), the Adjutant General, in his or her discretion,
may designate other military units within the Oklahoma National
Guard as major commands.
D. The organizational chart required in subsection C of this
section shall be updated no less than annually and shall include all
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enlisted and officer billets assigned to joint forces headquarters
and shall depict all existing command relationships established by
the Adjutant General within joint forces headquarters. The
organizational chart required herein shall not be considered a
military publication within the meaning of Section 801 of this title
(Article 1).
E. In accordance with all relevant requirements of the United
States Army, the United States Air Force or the National Guard
Bureau, the Adjutant General shall develop, publish and maintain an
enlisted and officer rating scheme for all enlisted and officer
billets assigned to joint forces headquarters. The rating scheme
required herein shall not be considered a military publication
within the meaning of Section 801 of this title (Article 1).
F. Pursuant to the rules established by the Adjutant General,
the Military Department of the State of Oklahoma is authorized to
expend appropriated and nonappropriated funds to enhance recruiting
and retention efforts for the Oklahoma National Guard.
G. The Adjutant General may establish rules allowing the
Military Department of the State of Oklahoma to accept donations and
bequests to create a program for the benefit of members of the
Oklahoma National Guard.
H. The Adjutant General shall serve as the chief of all fire
protection units operating under the Oklahoma Military Department
and shall supervise and administer the fire protection units in
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accordance with the rules and procedures prescribed by the Military
Department.
I. The Adjutant General shall serve as the chief of all police
units and officers appointed under the Oklahoma Military Department.
The Adjutant General may appoint police officers in accordance with
Section 230 of this title.
SECTION 5. AMENDATORY Section 1, Chapter 74, O.S.L. 2022
(44 O.S. Supp. 2024, Section 233.10a), is amended to read as
follows:
Section 233.10a. The Military Department of the State of
Oklahoma may purchase information technology including, but not
limited to, computer hardware or software, or any services related
to software development, software modifications, or any other
services related to the operation and maintenance of computer
hardware or software or both, independently and without prior
approval from the Office of Management and Enterprise Services
Information Services Division. All federal programs managed by the
Military Department of the State of Oklahoma shall be exempt from
any and all Information Services Division requirements.
SECTION 6. AMENDATORY 44 O.S. 2021, Section 243, is
amended to read as follows:
Section 243. A. The Governor is hereby authorized to prescribe
rules and regulations governing the enlistment, organization,
administration, equipment, discipline and discharge of the personnel
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of such military forces; to requisition from the Secretary of
Defense such arms and equipment as may be in the possession of and
can be spared by the Department of Defense and to extend thereto the
facilities of state armories, Armed Forces Reserve Centers,
readiness centers, logistics, aviation, and training facilities,
warehouses and their equipment and such other state premises and
property as may be available for the purpose of drill and
instruction. Insofar as applicable the procedure for the
enlistment, organization, pay, maintenance, equipment and
disciplining of such forces shall be in conformity with the law and
the rules and regulations governing and pertaining to the National
Guard; provided, that the officers and enlisted personnel in the
Oklahoma State Guard shall not receive any compensation or monetary
allowances from the state except when activated for state active
duty, as defined in Section 801 of this title, by order of the
Governor.
B. Members of the Oklahoma State National Guard shall be
considered part of state military forces as defined in Section 801
of this title and shall be subject to the Oklahoma Uniform Code of
Military Justice.
C. When prescribing the rules and regulations governing
enlistment, organization, administration, equipment, discipline and
discharge of the personnel of the Oklahoma State National Guard, the
Governor shall issue such rules and regulations in the form of an
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executive order or in a series of such orders. An executive order
or a series of such orders prescribing the rules and regulations
governing enlistment, organization, administration, equipment,
discipline and discharge of the personnel of the Oklahoma State
National Guard shall also be published by the Adjutant General as a
military publication.
SECTION 7. AMENDATORY 44 O.S. 2021, Section 815, is
amended to read as follows:
Section 815. ARTICLE 15. Commanding officer's nonjudicial
punishment.
A. Except as provided in subsection B of this section, any
commanding officer and, for purposes of this section, any officer in
charge, may impose disciplinary punishments for minor offenses
arising under the punitive articles of the Oklahoma Uniform Code of
Military Justice without the intervention of a court-martial.
B. Any superior commander commanding officer may limit or
withhold the exercise of nonjudicial punishment authority by
subordinate commanders, including limiting authority over certain
categories of military personnel or offenses. Likewise, individual
cases may be reserved by a superior commander. A superior authority
may limit or withhold any power that a subordinate might otherwise
exercise under this section.
C. Except as provided in subsection L of this section, the
Governor or Adjutant General may delegate the powers established
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under this section to a senior commanding officer who is a member of
the state military forces and is also a member of the same force
component as the accused.
D. Any Except as provided in subsection S of this section, any
commanding officer may impose upon enlisted members of the officer's
command:
1. An admonition;
2. A reprimand;
3. The withholding of privileges for not more than six (6)
months which need not be consecutive;
4. The forfeiture of pay of not more than seven (7) days' pay;
5. A fine of not more than seven (7) days' pay;
6. A reduction to the next inferior pay grade, if the grade
from which demoted is within the promotion authority of the officer
imposing the reduction or any officer subordinate to the one who
imposes the reduction;
7. Extra duties, including fatigue or other duties, for not
more than fourteen (14) days, which need not be consecutive; and
8. Restriction to certain specified limits, with or without
suspension from duty, for not more than fourteen (14) days, which
need not be consecutive.
E. Any Except as provided in subsection S of this section, any
commanding officer of the grade of major or above may impose upon
enlisted members of the officer's command:
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1. An admonition;
2. A reprimand;
3. The withholding of privileges for not more than six (6)
months which need not be consecutive;
4. The forfeiture of not more than one-half (1/2) of one (1)
month's pay per month for two (2) months;
5. A fine of not more than one (1) month's pay;
6. A reduction to the lowest or any intermediate pay grade, if
the grade from which demoted is within the promotion authority of
the commanding officer imposing the reduction or any officer
subordinate to the one who imposes the reduction, but an enlisted
member in a pay grade above E-4 shall not be reduced more than two
pay grades;
7. Extra duties, including fatigue or other duties, for not
more than forty-five (45) days which need not be consecutive; and
8. Restriction to certain specified limits, with or without
suspension from duty, for not more than sixty (60) days which need
not be consecutive.
F. The Governor, the Adjutant General, or an officer exercising
general or special court-martial convening authority may impose:
1. Upon officers of the officer's command:
a. any punishment authorized in subsection E of this
section, except for the punishments provided in
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paragraphs 6 and 7 of subsection E of this section,
and
b. arrest in quarters for not more than thirty (30) days
which need not be consecutive; and
2. Upon enlisted members of the officer's command, any
punishment authorized in subsection E of this section.
Admonitions or reprimands given as nonjudicial punishment to
commissioned officers and warrant officers shall be administered in
writing. In all other cases, unless otherwise prescribed by
regulations promulgated by the Adjutant General, such punishments
may be administered either orally or in writing.
G. Whenever any punishments are combined to run consecutively,
the total length of the combined punishment shall not exceed the
authorized duration of the longest punishment included in the
combination, and there shall be an apportionment of punishments so
that no single punishment in the combination exceeds its authorized
length under this section.
H. Once the commander commanding officer has determined that
nonjudicial punishment is appropriate, the commander commanding
officer shall provide reasonable notice to the member of his or her
intent to impose nonjudicial punishment. At the time the commander
commanding officer provides notification as required in this
subsection, the member shall be entitled to examine all statements
and other evidence that the commander has examined and intends to
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rely upon as the basis for punishment. The member shall be provided
a copy of the documentary evidence unless it is privileged,
classified, or otherwise restricted by law, regulation, or
instruction. At the time the commander commanding officer provides
notification as required in this subsection, the commander
commanding officer shall also inform the member as to the quantum of
punishment potentially to be imposed. While a member undergoing
nonjudicial punishment is not entitled to representation by a duly
appointed defense counsel, the member may seek legal advice from any
judge advocate available for this purpose. Upon notification by the
officer of his or her intent to impose judicial punishment, the
member shall provide a response within forty-five (45) calendar
days.
I. The right to demand trial by court-martial in lieu of
nonjudicial punishment shall arise only when arrest in quarters or
restriction will be considered as punishments. If the commanding
officer determines that arrest in quarters or restriction will be
considered as punishments, prior to the offer of nonjudicial
punishment the accused member shall be notified in writing of the
right to demand trial by court-martial. Should the commanding
officer determine that the punishment options will not include
arrest in quarters or restriction, the accused member shall be
notified that there is no right to trial by court-martial in lieu of
nonjudicial punishment. Upon notification by the commander or
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officer in charge commanding officer of his or her intent to impose
nonjudicial punishment that includes arrest in quarters or
restriction, the accused member shall be afforded a reasonable
amount of time to confer with legal counsel and to prepare a
response.
J. The commanding officer who imposes the punishment, or his or
her successor in command, may at any time suspend, set aside,
mitigate or remit any part or amount of the punishment and restore
all rights, privileges and property affected. The commanding
officer may also mitigate:
1. Reduction in grade to forfeiture of pay;
2. Arrest in quarters to restriction; or
3. Extra duties to restriction.
The mitigated punishment shall not be for a greater period than
the punishment mitigated. When mitigating reduction in grade to
forfeiture of pay, the amount of the forfeiture shall not be greater
than the amount that could have been imposed initially under this
article by the officer who imposed the punishment mitigated.
K. A person punished under this section who considers the
punishment unjust or disproportionate to the offense may, through
his or her chain of command, appeal to a senior officer designated
by the Adjutant General to adjudicate appeals arising from
nonjudicial punishment. A senior officer so designated by the
Adjutant General shall be a member of the same component of the
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state military forces as the accused. An appeal made pursuant to
this subsection shall be lodged within fifteen (15) days after the
punishment is announced to the accused member. The commanding
officer exercising appellate authority may, at his or her
discretion, extend the deadline for an appeal. The appeal shall be
promptly forwarded and decided, and the member shall not be punished
until the appeal is decided. The senior officer designated by the
Adjutant General as exercising appellate authority may exercise the
same powers with respect to the punishment imposed as may be
exercised under subsection I of this section by the officer who
imposed the punishment. Before acting on an appeal from a
punishment, the senior officer exercising appellate authority shall
refer the case to a judge advocate for consideration and advice.
When a senior officer is designated by the Adjutant General to
adjudicate appeals arising from nonjudicial punishment, such
designation shall be accomplished in writing and shall be considered
a military publication, as defined in Section 801 of this title
(Article 1).
L. Except for nonjudicial punishment imposed by the Governor or
the Adjutant General, the final appellate authority for nonjudicial
punishment imposed within state military forces is the Adjutant
General. A person punished under this section whose appeal was
previously denied by a senior officer designated to adjudicate
appeals may, through his or her chain of command, lodge an
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additional appeal with the Adjutant General within five (5) days
after the appeal is denied. In the event the officer imposing
nonjudicial punishment is a senior officer who is also designated to
adjudicate appeals arising from nonjudicial punishment, an appeal
thereof shall be addressed directly to the Adjutant General. In the
event the officer imposing nonjudicial punishment is the Adjutant
General, an appeal thereof shall be addressed directly to the
Governor. An appeal offered pursuant to this subsection shall be
made only in writing. Neither the Governor nor the Adjutant General
shall delegate his or her duties as an appellate authority under
this subsection.
M. Whenever nonjudicial punishment is imposed under this
section:
1. After adjudication and while the punishment is being carried
out or while the adjudged punishment is pending before the appellate
authority, the commander or officer in charge who imposed the
nonjudicial punishment, upon the request of the accused member, may:
a. excuse the accused member from attendance at scheduled
unit training assemblies, or
b. arrange for the accused member to drill on alternate
dates and in alternate locations; or
2. If necessary to maintain good order and discipline within
the unit, the commander or officer in charge commanding officer who
imposed the nonjudicial punishment may order the accused member to
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drill on alternate dates and in alternate locations. The order
shall be reduced to writing and shall become part of the record of
nonjudicial punishment.
N. The imposition and enforcement of disciplinary punishment
under this section for any act or omission shall not be a bar to
trial by court-martial or a civilian court of competent jurisdiction
for a crime or offense arising out of the same act or omission; but
the fact that a disciplinary punishment has been enforced may be
demonstrated by the accused member upon trial and, when so
demonstrated, it shall be considered in determining the measure of
punishment to be adjudged in the event of a finding or verdict of
guilty. Nonjudicial punishment shall not be imposed for an offense
previously tried by a civilian court unless so authorized by
regulations promulgated by the Adjutant General.
O. When nonjudicial punishment has been imposed for an offense,
punishment shall not again be imposed for the same offense under
this section. Once nonjudicial punishment has been imposed, it may
not be increased, upon appeal or otherwise. When a commander or
officer in charge commanding officer determines that nonjudicial
punishment is appropriate for a particular member, all known
offenses determined to be appropriate for disposition by nonjudicial
punishment and ready to be considered at that time, including all
offenses arising from a single incident or course of conduct, shall
be considered together and shall not be made the basis for multiple
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punishments. This subsection shall in no way restrict the right of
a commander commanding officer to prefer court-martial charges for
an offense previously punished under the provisions of this section.
P. In accordance with subsection B of Section 843 of this title
(Article 43, subsection B), a person accused of an offense is not
liable to be punished under this section if the offense was
committed more than two (2) years before the imposition of
punishment. Periods in which the accused member is absent without
authority shall be excluded in computing the period of limitation
prescribed in this section.
Q. Whenever a punishment of forfeiture of pay is imposed under
this section, the forfeiture shall not apply to pay accruing before
the date that punishment is imposed, but only pay accruing on or
after the date that punishment is imposed.
R. The Adjutant General may promulgate regulations prescribing
the type and form of records to be kept of proceedings conducted
pursuant to this section. The Adjutant General may promulgate any
other regulations necessary to carry out the provisions of this
section.
S. For purposes of this section, no member of the Oklahoma
National Guard of the rank of E-8 or E-9 shall be reduced in rank
pursuant to this section except when the reduction results from
nonjudicial punishment imposed by an officer of the Oklahoma
National Guard of the rank of Brigadier General or by the Adjutant
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General. When imposing nonjudicial punishment on enlisted persons
of the rank of E-7 or below, a commander or officer in charge who
possesses the rank of colonel may consider reduction in rank as a
possible punishment.
SECTION 8. AMENDATORY 44 O.S. 2021, Section 821, is
amended to read as follows:
Section 821. RESERVED ARTICLE 21. Convening of court-martial
by federal officials.
In no case shall the President of the United States, the
Secretary of Defense, the secretary of a military department, a
military officer serving on active duty within the meaning of Title
10 of the United States Code, or any other federal official convene
a court-martial proceeding pursuant to the Oklahoma Military Code
unless prior consent has been granted by the Governor. Such
consent, if granted by the Governor, shall be accomplished in
writing and shall be published by the Governor.
SECTION 9. AMENDATORY 44 O.S. 2021, Section 875, is
amended to read as follows:
Section 875. ARTICLE 75. Restoration.
A. Under such regulations as the Adjutant General may
promulgate, all rights, privileges, and property affected by an
executed part of a court-martial sentence which has been set aside
or disapproved, except an executed dismissal or discharge, shall be
restored unless a new trial or rehearing is ordered and such
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executed part is included in a sentence imposed upon the new trial
or rehearing.
B. If a previously executed sentence of dishonorable or bad-
conduct discharge is not imposed on a new trial, the Adjutant
General shall substitute therefor a form of discharge authorized for
administrative issuance unless the accused is to serve out the
remainder of his or her enlistment.
C. If a previously executed sentence of dismissal is not
imposed on a new trial, the Adjutant General shall substitute
therefor a form of discharge authorized for administrative issue,
and the commissioned officer dismissed by that sentence may be
reappointed pursuant to Sections 875 and 12203 of Title 10 of the
United States Code and any applicable regulations prescribed
thereunder by the President of the United States or the Secretary
concerned solely by the Governor to such commissioned grade and with
such rank as in the opinion of the Governor that former officer
would have attained had he or she not been dismissed. The
reappointment of such a former officer shall be without regard to
the existence of a vacancy and shall affect the promotion status of
other officers only insofar as the Governor may direct. All time
between the dismissal and the reappointment shall be considered as
actual service for all purposes, including the right to pay and
allowances.
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D. The Governor or Adjutant General shall prescribe
regulations, with such limitations as the Governor or Adjutant
General considers appropriate, governing eligibility for pay and
allowances for the period after the date on which an executed part
of a court-martial sentence is set aside.
SECTION 10. AMENDATORY 44 O.S. 2021, Section 905, is
amended to read as follows:
Section 905. RESERVED ARTICLE 105. Forgery.
Any person subject to the Oklahoma Uniform Code of Military
Justice who, with intent to defraud:
1. Falsely makes or alters any signature to, or any part of,
any writing which would, if genuine, apparently impose a legal
liability on another or change his or her legal right or liability
to his or her prejudice; or
2. Utters, offers, issues, or transfers such a writing, known
by him or her to be so made or altered, is guilty of forgery and
shall be punished as a court-martial may direct.
SECTION 11. AMENDATORY 44 O.S. 2021, Section 912, is
amended to read as follows:
Section 912. Drunkenness and other incapacitation offenses.
A. Drunk on duty. Any person subject to the Oklahoma Uniform
Code of Military Justice, other than a sentinel or lookout, who is
drunk on duty shall be punished as a court-martial may direct.
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B. Incapacitation for duty from drunkenness or drug use. Any
person subject to the Code who, as a result of indulgence in any
alcoholic beverage or any drug, is incapacitated for the proper
performance of duty shall be punished as a court-martial may direct.
C. Drunk prisoner. Any person subject to the Code who is a
prisoner and, while in such status, is drunk shall be punished as a
court-martial may direct.
SECTION 12. AMENDATORY 44 O.S. 2021, Section 912a, is
amended to read as follows:
Section 912a. Wrongful use, possession, etc., of controlled
substances.
A. Any person subject to the Oklahoma Uniform Code of Military
Justice who wrongfully uses, possesses, manufactures, distributes,
imports into the customs territory of the United States, exports
from the United States, or introduces into an installation, vessel,
vehicle, or aircraft used by or under the control of the Armed
Forces of the United States or of the state military forces a
substance described in subsection B of this section shall be
punished as a court-martial may direct.
B. The substances referred to in subsection A of this section
are the following:
1. Opium, heroin, cocaine, amphetamine, lysergic acid
diethylamide, methamphetamine, phencyclidine, barbituric acid, and
marijuana and any compound or derivative of any such substance;
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2. Any substance not specified in paragraph 1 of this
subsection that is listed on a schedule of controlled substances
prescribed by the President for the purposes of the Uniform Code of
Military Justice, Title 10 of the United States Code, Section 801,
et seq.; and
3. Any other substance not specified in paragraph 1 of this
subsection or contained on a list prescribed by the President under
paragraph 2 of this subsection that is listed in schedules I through
V of article 202 of the Controlled Substances Act, Title 21 of the
United States Code, Section 812.
C. It shall be unlawful for any member of the state military
forces to knowingly use or ingest marijuana or any substances or
products derived from marijuana including, but not limited to, hemp,
tetrahydrocannabinol, and cannabidiol.
SECTION 13. AMENDATORY 44 O.S. 2021, Section 928b, is
amended to read as follows:
Section 928b. RESERVED Any person subject to the Oklahoma
Uniform Code of Military Justice who:
1. Commits a violent offense against a spouse, an intimate
partner, or an immediate family member of that person;
2. With intent to threaten or intimidate a spouse, an intimate
partner, or an immediate family member of that person, commits an
offense under this chapter against any person or property, including
an animal;
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3. With intent to threaten or intimidate a spouse, an intimate
partner, or an immediate family member of that person, violates a
protection order;
4. With intent to commit a violent offense against a spouse, an
intimate partner, or an immediate family member of that person,
violates a protection order; or
5. Assaults a spouse, an intimate partner, or an immediate
family member of that person by strangling or suffocating, shall be
punished as a court-martial may direct.
SECTION 14. AMENDATORY 44 O.S. 2021, Section 934, is
amended to read as follows:
Section 934. ARTICLE 134 General Article.
Though not specifically mentioned in the Oklahoma Uniform Code
of Military Justice, all disorders and neglects to the prejudice of
good order and discipline in the state military forces, all conduct
of a nature to bring discredit upon the state military forces, and
crimes and offenses not capital, of which persons subject to the
Code may be guilty, shall be taken cognizance of by a general,
special, or summary court-martial, according to the nature and
degree of the offense, and shall be punished at the discretion of
that court. However, where a crime constitutes an offense that
violates both the Code and the criminal laws of the State of
Oklahoma, jurisdiction over the offense shall be determined in
accordance with Section 802 of this title (Article 2). This section
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shall encompass all specifically enumerated offenses included in
Section 934 of Title 10 of the United States Code, including all
amendments thereto adopted from time to time, except when such
provisions are contrary to or inconsistent with the United States
Code.
SECTION 15. AMENDATORY 44 O.S. 2021, Section 937, is
amended to read as follows:
Section 937. ARTICLE 137. Articles to be explained.
A. 1. The sections of the Oklahoma Uniform Code of Military
Justice specified in paragraph 3 of this subsection shall be
carefully explained, either orally or in writing, to each officer
and enlisted member at the time of, or within one hundred twenty
(120) days after, the officer's or enlisted member's initial
entrance into a duty status with the state military forces.
2. Such articles shall be explained again:
a. after the enlisted member has completed basic or
recruit training, and
b. at the time when the enlisted member reenlists within
ninety (90) days of each re-enlistment.
3. This subsection applies with respect to Sections 802, 803,
807-815, 825, 827, 831, 837, 838, 855, 877-934, and 937-939 of this
title (Articles 2, 3, 7-15, 25, 27, 31, 37, 38, 55, 77-134, and 137-
139).
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B. The text of the Code and of the regulations prescribed
pursuant to the Code shall be made available to an officer or
enlisted member of the state military forces, upon request, for the
officer's or enlisted member's personal examination. Electronic or
online availability of the Code and of the regulations prescribed
pursuant to the Code shall constitute availability for purposes of
personal examination by officers or enlisted members of the state
military forces.
SECTION 16. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 940C of Title 44, unless there
is created a duplication in numbering, reads as follows:
ARTICLE 140C. Manual for Courts-Martial.
The Manual for Courts-Martial, United States, including all
amendments thereto adopted from time to time, except when such rules
are contrary to or inconsistent with the Oklahoma Uniform Code of
Military Justice, shall be adopted as the Oklahoma State Manual for
Courts-Martial.
SECTION 17. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 239 of Title 44, unless there is
created a duplication in numbering, reads as follows:
The co-located readiness and joint operating center facilities
constructed by the Military Department or on behalf of the Military
Department shall be named the "Benjamin T. Walkingstick National
Guard Complex".
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SECTION 18. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 14-140 of Title 70, unless there
is created a duplication in numbering, reads as follows:
A. This act shall be known and may be cited as the "Oklahoma
National Guard CareerTech Assistance Act".
B. As used in this act:
1. "Technology center school" means a technology center school
under the governance of the State Board of Career and Technology
Education;
2. "Eligible Guard member" means a current member of the
Oklahoma National Guard in good standing who has a high school
diploma or who has completed General Educational Development (GED)
requirements and who has enrolled in a technology center school; and
3. "Program" means the Oklahoma National Guard CareerTech
Assistance Program established pursuant to the provisions of this
section.
C. 1. There is hereby created the Oklahoma National Guard
CareerTech Assistance Program to provide assistance to eligible
Guard members who enroll in a technology center school. Subject to
the availability of funds, the amount of assistance shall be
equivalent to the amount of tuition for a career and technology
program in which the eligible Guard member is enrolled leading to
certification or licensure, not to exceed a maximum of three (3)
years.
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2. Assistance provided pursuant to this section shall be
granted without any limitation other than the amount of funds
available for the program and the number of eligible Guard members
who apply, subject to any cap established by the Military Department
of the State of Oklahoma.
3. Assistance allowed by this section shall not be allowed for
courses taken in excess of the requirements for completion of a
technology center school program leading to certification or
licensure.
D. Assistance provided pursuant to this section shall be
allocated to the technology center school from the Oklahoma National
Guard CareerTech Assistance Revolving Fund created pursuant to
Section 2 of this act.
E. To be eligible to apply for the program, an eligible Guard
member shall:
1. Have at least one (1) year remaining on his or her
enlistment contract at the beginning of any semester for which the
member applies for assistance pursuant to this section;
2. Agree in writing to complete his or her current service
obligation in the Oklahoma National Guard; and
3. Agree in writing to serve actively in good standing with the
Oklahoma National Guard for not less than twenty-four (24) months
after completion of the last semester for which the member receives
assistance pursuant to this section.
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F. To retain eligibility for the program, an eligible Guard
member shall:
1. Maintain good academic standing and satisfactory progress
according to standards of the technology center school in which the
member is enrolled;
2. Maintain the requirements for retention and completion as
established by the technology center school in which the member is
enrolled;
3. Maintain a minimum grade point of average of 2.0 on a 4.0
scale;
4. Maintain satisfactory participation in the Oklahoma National
Guard; and
5. Possess a Military Occupational Specialty (MOS) or Air Force
Specialty Code (AFSC) after his or her first semester.
G. An eligible Guard member seeking assistance pursuant to the
provisions of this section shall submit an application on a form
prescribed by the Military Department of the State of Oklahoma to
the Educational Service Office of the Military Department prior to
the semester for which assistance is sought. The eligible Guard
member's Commander or his or her designee shall confirm a member's
standing and eligibility to the technology center school in which
the student is enrolled. The Military Department may establish a
cap on the number of eligible Guard members allowed to participate
per semester per technology center school program.
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H. The eligible Guard member's Commander may deny an
application submitted by an eligible Guard member for continued
program assistance if he or she fails to comply with the provisions
of paragraph 1, 2, 3, 4, or 5 of subsection F of this section.
I. An eligible Guard member who has received program assistance
pursuant to the provisions of this section and who fails to comply
with the provisions of paragraph 4 of subsection F of this section
shall be required to repay an amount to be calculated as follows:
1. Determine the total amount of assistance provided pursuant
to the provisions of this section;
2. Divide the amount determined in paragraph 1 of this
subsection by twenty-four (24); and
3. Multiply the amount determined in paragraph 2 of this
subsection by the number of months the member did not fulfill the
requirements of paragraph 4 of subsection F of this section.
Repayments shall be deposited into the Oklahoma National Guard
CareerTech Assistance Revolving Fund created pursuant to Section 2
of this act.
J. An eligible Guard member who has received program assistance
pursuant to the provisions of this section and who fails to comply
with the provisions of paragraph 4 of subsection F of this section
due to hardship circumstances may request a waiver from repayment.
A waiver request shall be submitted in writing to the Adjutant
General.
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K. By July 1 annually, the State Board of Career and Technology
Education shall notify the Adjutant General of the amount of funding
available in the Oklahoma National Guard CareerTech Assistance
Revolving Fund created pursuant to Section 2 of this act.
L. The State Board of Career and Technology Education shall
promulgate rules to implement the provisions of this act, including
deadlines for submission of applications required by subsection G of
this section. The Military Department of the State of Oklahoma
shall promulgate regulations pertaining to the application process
and the determination of eligibility for the program. The Board and
the Department shall coordinate the promulgation of rules and
regulations, respectively. The Adjutant General may promulgate
regulations to implement the provisions of this act.
SECTION 19. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 14-140.1 of Title 44, unless
there is created a duplication in numbering, reads as follows:
A. Subject to the provisions of this section, the Adjutant
General may permit a qualifying member described in Section 18 of
this act who is entitled to education assistance under this act to
elect to transfer to one or more of the dependents specified in
subsection C a portion of such individual's entitlement to such
assistance, subject to the limitation under subsection D.
B. An individual referred to in subsection A is any member of
the uniformed services who, at the time of the approval of the
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individual's request to transfer entitlement to educational
assistance under this section, has completed at least:
1. Six (6) years of service in the Oklahoma National Guard and
enters into an agreement to serve at least four (4) more years as a
member of the uniformed services; or
2. The years of service as determined in regulations pursuant
to subsection J of this section.
C. Eligible dependents.
1. An individual approved to transfer an entitlement to
educational assistance under this section may transfer the
individual's entitlement to an eligible dependent or a combination
of eligible dependents.
2. For purposes of this subsection, the term "eligible
dependent" has the meaning given the term "dependent" under
subparagraphs A, D, and I of Section 1072(2) of Title 10 of the
United States Code.
D. Limitation of months of transfer – the total number of
months of entitlement transferred by an individual under this
section may not exceed thirty-six (36) months. The Adjutant General
may prescribe regulations that would limit the months of entitlement
that may be transferred under this section to no less than eighteen
(18) months.
E. Designation of transferee – an individual transferring an
entitlement to education assistance under this section shall:
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1. Designate the dependent or dependents to whom such
entitlement is being transferred; and
2. Designate the number of months of such entitlement to be
transferred to such dependent.
F. Time for transfer; revocation and modification:
1. Subject to the time limitation for use of entitlement under
this act, and except as provided in subsection K or L, an individual
approved to transfer entitlement to educational assistance under
this section may transfer such entitlement only while serving as a
member of the Oklahoma National Guard when the transfer is executed.
2. An individual transferring entitlement under this section
may modify or revoke at any time the transfer of any unused portion
of the entitlement so transferred. The modification or revocation
of the transfer of entitlement under this subsection shall be made
by the submittal of written notice of the action to the Adjutant
General and Governor.
3. Entitlement transferred under this section may not be
treated as marital property, or the asset of a marital estate,
subject to division in a divorce or other civil proceeding.
G. A dependent to whom entitlement to educational assistance is
transferred under this section may not commence the use of the
transferred entitlement until:
1. In the case of entitlement transferred to a spouse, the
completion by the individual making the transfer of at least:
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a. six (6) years of service in the National Guard, or
b. the years of service as determined in regulations
pursuant to subsection J of this Section; or
2. In the case of entitlement transferred to a child, both:
a. the completion by the individual making the transfer
of at least:
(1) six (6) years of service in the National Guard,
or
(2) the years of service as determined in regulations
pursuant to subsection J of this section, or
b. either:
(1) the completion by the child of the requirements
of a secondary school diploma (or equivalency
certificate), or
(2) the attainment by the child of eighteen (18)
years of age.
H. Additional Administrative Matters.
1. The use of any entitlement to educational assistance
transferred under this section shall be charged against the
entitlement of the individual making the transfer at the rate of one
(1) month for each month of transferred entitlement that is used.
2. Except as provided under paragraph 2 of subsection E of this
section and subject to paragraphs 5 and 6 of this section:
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a. in the case of entitlement transferred to a spouse
under this section, the spouse is entitled to
educational assistance under this chapter in the same
manner as the individual from whom the entitlement was
transferred as if the individual were not on active
duty,
b. in the case of entitlement transferred to a child
under this section, the child is entitled to
educational assistance under this act in the same
manner as the individual from whom the entitlement was
transferred as if the individual were not on active
duty,
3. The monthly rate of education assistance payable to a
dependent to whom entitlement referred to in paragraph 2 is
transferred under this section shall be payable:
a. in the case of a spouse, at the same rate as such
entitlement would otherwise be payable under this
chapter to the individual making the transfer as if
the individual were not on active duty, and
b. in the case of a child, at the same rate as such
entitlement would otherwise be payable under this
chapter to the individual making the transfer as if
the individual were not on active duty.
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4. Death of transferor: The death of an individual
transferring an entitlement under this section shall not affect the
use of the entitlement by the dependent to whom the entitlement is
transferred.
a. Death prior to transfer to designated transferees: In
the case of an eligible individual whom the Adjutant
General has approved to transfer the individual's
entitlement under this section who, at the time of
death, is entitled to educational assistance under
this chapter and has designated a transferee or
transferees under subsection E but has not transferred
all of such entitlement to such transferee or
transferees, the Adjutant General shall transfer the
entitlement of the individual under this section by
evenly distributing the amount of such entitlement
between all such transferees who would not be
precluded from using some or all of the transferred
benefits due to the expiration of time limitations
found in paragraph 5 of this subsection
notwithstanding the limitations under subsection F.
b. If a transferee cannot use all of the transferred
benefits under subparagraph a of this subsection
because of expiration of a time limitation, the unused
benefits will be distributed among the other
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designated transferees who would not be precluded from
using some or all of the transferred benefits due to
expiration of time limitations found in paragraph 5 of
this subsection, unless or until there are no
transferees who would not be precluded from using the
transferred benefits because of expiration of a time
limitation.
5. Limitation on age of use by child transferees.
a. In general. A child to whom entitlement is
transferred under this section may use the benefits
transferred without regard to the fifteen-year
delimiting date specified in this act, but may not,
except as provided in subparagraph b or c, use any
benefits so transferred after attaining the age of
twenty-six (26) years.
b. Primary caregivers of seriously injured members of the
armed forces and veterans.
(1) In general. Subject to division (2), in the case
of a child who, before attaining the age of
twenty-six (26) years, is prevented from pursuing
a chosen program of education by reason of acting
as the primary provider of personal care services
for a veteran or member of the Oklahoma National
Guard, the child may use the benefits beginning
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on the date specified in division (3) for a
period whose length is specified in division (4).
(2) Inapplicability for revocation.
Division (1) shall not apply with respect to the period of an
individual as a primary provider of personal care services if the
period concludes with the revocation of the individual's designation
as such a primary provider.
(3) Date for commencement of use. The date specified
in this division for the beginning of the use of
benefits by a child under division (1) is the
later of
(a) the date on which the child ceases acting as
the primary provider of personal care
services for the veteran or member concerned
as described in division (1),
(b) the date on which it is reasonably feasible,
as determined under regulations prescribed
by the Adjutant General, for the child to
initiate or resume the use of benefits, or
(c) the date on which the child attains the age
of twenty-six (26) years.
4. Length of use. The length of the period specified in this
subparagraph for the use of benefits by a child under division (1)
is the length equal to the length of the period that:
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a. begins on the date on which the child begins acting as
the primary provider of personal care services for the
veteran or member concerned as described in division
(1), and
b. ends on the later of:
(1) the date on which the child ceases acting as the
primary provider of personal care services for
the veteran or member as described in division
(1), or
(2) the date on which it is reasonably feasible, as
so determined, for the child to initiate or
resume the use of benefits; or
c. In any case in which the Adjutant General determines
that an individual to whom entitlement is transferred
under this section has been prevented from pursuing
the individual's chosen program of education before
the individual attains the age of twenty-six (26)
years because the educational institution or training
established closed (temporarily or permanently) under
an established policy based on an executive order of
the Governor or due to an emergency situation, the
Adjutant General shall extend the period during which
the individual may use such entitlement for a period
equal to the number of months that the individual was
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so prevented from pursuing the program of education,
as determined by the Adjutant General.
6. The purposes for which a dependent to whom entitlement is
transferred under this section may use such entitlement shall
include the pursuit and completion of the requirements of a
secondary school diploma (or equivalency certificate).
7. The administrative provisions of this act shall apply to the
use of entitlement transferred under this section, except that the
dependent to whom the entitlement is transferred shall be treated as
the eligible individual for purposes of such provisions.
I. Overpayment.
1. Subject to paragraph 2, in the event of an overpayment of
educational assistance with respect to a dependent to whom
entitlement is transferred under this section, the dependent and the
individual making the transfer shall be jointly and severally liable
to the State of Oklahoma for the amount of the overpayment.
2. Failure to complete service agreement.
a. Except as provided in subparagraph b, if an individual
transferring entitlement under this section fails to
complete the service agreed to by the individual under
division (1) of subsection b in accordance with the
terms of the agreement of the individual under that
subsection, the amount of any transferred entitlement
under this section that is used by a dependent of the
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individual as of the date of such failure shall be
treated as an overpayment of educational assistance
for which the individual shall be solely liable to the
State of Oklahoma for the amount of the overpayment
for purpose of this act in the case of an individual
who fails to complete service agreed to by the
individual:
(1) by reason of death of the individual, or
(2) for a reason referred to in this act.
J. Regulations.
1. The Adjutant General shall prescribe regulations for
purposes of this section.
2. Such regulations shall specify:
a. the manner of authorizing the transfer of entitlements
under this section,
b. the eligibility criteria in accordance with subsection
B, and
c. the manner and effect of an election to modify or
revoke a transfer of entitlement under paragraph 2 of
subsection F.
3. The Adjutant General may not prescribe any regulation that
would provide for a limitation on eligibility to transfer unused
education benefits to family members based on a maximum number of
years in the Oklahoma National Guard.
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K. In the case of a dependent to whom entitlement to
educational assistance is transferred under this section who dies
before using all of such entitlement, the individual who transferred
the entitlement to the dependent may transfer any remaining
entitlement to a different eligible dependent, notwithstanding
whether the individual is serving as a member of the Armed Forces
when such transfer is executed.
L. In the case of an individual who transfers entitlement to
educational assistance under this section who dies before the
dependent to whom entitlement to educational assistance is so
transferred has used all of such entitlement, such dependent may
transfer such entitlement to another eligible dependent in
accordance with the provisions of this section.
SECTION 20. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 14-141 of Title 70, unless there
is created a duplication in numbering, reads as follows:
There is hereby created in the State Treasury a revolving fund
for the State Board of Career and Technology Education to be
designated the "Oklahoma National Guard CareerTech Assistance
Revolving Fund". The fund shall be a continuing fund, not subject
to fiscal year limitations, and shall consist of all monies received
by the State Board of Career and Technology Education from state
appropriations provided for the purpose of implementing the
provisions of Section 19 of this act. All monies accruing to the
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credit of the fund are hereby appropriated and may be budgeted and
expended by the State Board of Career and Technology Education for
the purpose of providing assistance to eligible Guard members
pursuant to the provisions of Section 19 of this act. Expenditures
from the fund shall be made upon warrants issued by the State
Treasurer against claims filed as prescribed by law with the
Director of the Office of Management and Enterprise Services for
approval and payment.
SECTION 21. REPEALER 44 O.S. 2021, Section 940b, is
hereby repealed.
SECTION 22. This act shall become effective November 1, 2025.
Passed the House of Representatives the 26th day of March, 2025.
Presiding Officer of the House
of Representatives
Passed the Senate the ___ day of ___________, 2025.
Presiding Officer of the Senate