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An Act
ENROLLED HOUSE
BILL NO. 3940 By: West (Josh) of the House
and
Hines of the Senate
An Act relating to the Oklahoma National Guard;
prohibiting certain compensation except in certain
situations; requiring certain compensation to be
equivalent to certain member; requiring compensation
to be provided by the Oklahoma National Guard
Supplemental Retention Pay Revolving Fund; amending
44 O.S. 2021, Sections 26, as amended by Section 4,
Chapter 344, O.S.L. 2025, and 27 (44 O.S. Supp. 2025,
Section 26), which relate to the Military Department
of the State of Oklahoma; allowing certain bequests
to be defined by the Adjutant General in certain
situations; removing requirement for Adjutant General
to be paid certain amount; amending 44 O.S. 2021,
Sections 235 and 235.1, which relate to the Oklahoma
National Guard Museum; removing certain requirement
for certain location of Military Department of the
State of Oklahoma; removing certain allowance of
leasing of certain association; allowing Executive
Director to establish gift shop; allowing proceeds
from gift shop to be deposited into the Oklahoma
National Guard Museum Revolving Fund; allowing the
Oklahoma National Guard Museum Revolving Fund to be
for the Military Department of the State of Oklahoma;
allowing certain proceeds to be deposited into fund;
amending 44 O.S. 2021, Section 243, as amended by
Section 6, Chapter 344, O.S.L. 2025 (44 O.S. Supp.
2025, Section 243), which relates to rules and
regulations; removing certain requirement that
certain members be considered part of state military
forces; removing certain requirement that certain
persons be subject to Oklahoma Uniform Code of
Military Justice; removing certain requirement that
certain employee receive certain compensations;
amending Sections 18 and 19, Chapter 344, O.S.L. 2025
ENR. H. B. NO. 3940 Page 2
(44 O.S. Supp. 2025, Sections 271 and 272), which
relate to operative date and Oklahoma National Guard
Supplemental Retirement Pay Revolving Fund; requiring
certain persons to have served certain number of
years in the Oklahoma National Guard to receive
certain benefits; describing certain persons as
qualified members; exempting certain persons from
certain provisions if persons are receiving certain
funds; requiring certain amount to be determined
based on total points accrued; renaming certain fund;
amending 44 O.S. 2021, Section 815, as amended by
Section 7, Chapter 344, O.S.L. 2025 (44 O.S. Supp.
2025, Section 815), which relates to voting and
rulings; removing certain requirement that certain
reduction in pay be done by person with certain
authority of such lower pay grade; requiring certain
member to provide certain response within certain
time period if on active duty; amending Section 1,
Chapter 390, O.S.L. 2025 (70 O.S. Supp. 2025, Section
14-140), which relates to the Oklahoma National Guard
CareerTech Assistance Act; renaming certain act;
removing certain eligibility requirements; updating
statutory references; updating statutory language;
allowing certain qualifying member to transfer
certain benefits; allowing the Adjutant General to
promulgate rules; requiring certain criteria to be
met to transfer certain benefits; allowing spouse of
certain qualifying member to use certain benefits in
certain situations; allowing certain dependent child
of certain qualifying member to use certain benefits
in certain situations; providing for recodification;
providing for codification; and providing an
effective date.
SUBJECT: Oklahoma National Guard
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 21.2 of Title 44, unless there
is created a duplication in numbering, reads as follows:
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As applicable to the procedure for the enlistment, organization,
pay, maintenance, equipment, and disciplining of such forces, such
compensation shall be in conformity with the law and the rules and
regulations governing and pertaining to the Oklahoma 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 Title 44 of the Oklahoma
Statutes, by order of the Governor. Any full-time state employee
who serves in a military capacity shall receive compensation
equivalent to the compensation, benefits, entitlements, or other
compensation received by a full-time active-duty service member at
the same rank and time in grade for the same duration. Compensation
received pursuant to this section shall be funded by the Oklahoma
National Guard Supplemental Retention Pay Revolving Fund established
pursuant to Section 272 of Title 44 of the Oklahoma Statutes or any
other funds appropriated.
SECTION 2. AMENDATORY 44 O.S. 2021, Section 26, as
amended by Section 4, Chapter 344, O.S.L. 2025 (44 O.S. Supp. 2025,
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
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 of the State of Oklahoma 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.
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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
enlisted and officer billets assigned to joint forces force
headquarters and shall depict all existing command relationships
established by the Adjutant General within joint forces force
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 force 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. The purpose of any bequests may be
redefined by the Adjutant General in the event the original purpose
is covered by some other section of law or source of funding.
H. The Adjutant General shall serve as the chief of all fire
protection units operating under the Oklahoma Military Department of
the State of Oklahoma and shall supervise and administer the fire
protection units in accordance with the rules and procedures
prescribed by the Military Department of the State of Oklahoma.
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I. The Adjutant General shall serve as the chief commissioner
of all police units and officers appointed under the Oklahoma
Military Department of the State of Oklahoma. The Adjutant General
may appoint police officers in accordance with Section 230 of this
title.
SECTION 3. AMENDATORY 44 O.S. 2021, Section 27, is
amended to read as follows:
Section 27. The Adjutant General and Assistant Adjutants
General shall be paid a sum equivalent to the pay of his/her his or
her federally recognized rank, exclusive of allowances. Other
officers and enlisted men persons and employees of the Department
shall be paid in amounts fixed by the Adjutant General and within
amounts appropriated for that such purpose.
SECTION 4. AMENDATORY 44 O.S. 2021, Section 235, is
amended to read as follows:
Section 235. There is hereby created the Oklahoma National
Guard Museum, to be under the supervision of the Adjutant General.
The Adjutant General may appoint an Executive Director to oversee
the daily operations and maintenance of the museum and perform other
duties as requested by the Adjutant General. Appropriate state
agencies are directed to make available, for display of items of
historical significance and necessary space for administration, the
buildings presently occupied by the Oklahoma Military Department,
located in the vicinity of 36th Street and North Eastern in Oklahoma
City, Oklahoma. The building herein referred to shall be made
available by the Adjutant General as soon as same is no longer
needed by and is vacated by the Oklahoma Military Department the
Oklahoma National Guard Museum building located at 3301 Northeast
Grand Boulevard in Oklahoma City. The Executive Director, subject
to the approval of the Adjutant General, may lease to the 45th
Infantry Division Association, for periods not exceeding one (1)
year and with provisions for renewal from year to year, an area to
be used as a gift shop, if the lease does not interfere with its use
by the Oklahoma National Guard Museum establish a gift shop in a
designated area of the Oklahoma National Guard Museum. The proceeds
of the sales from the gift shop shall remain with the 45th Infantry
Division Association for operating purposes be deposited in the
Oklahoma National Guard Museum Revolving Fund established pursuant
to Section 235.1 of this title.
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SECTION 5. AMENDATORY 44 O.S. 2021, Section 235.1, is
amended to read as follows:
Section 235.1. There is hereby created in the State Treasury a
special revolving fund for the Military Department of the State of
Oklahoma to be known as the “Oklahoma National Guard Museum
Revolving Fund”, which fund shall consist of donations received for
operation and maintenance of the museum and, proceeds from the
rental of the museum event center, monies received from the sale of
Armed Forces Veterans Motorcycle License Plates and Global War on
Terrorism License Plates pursuant to Section 1135.5 of Title 47 of
the Oklahoma Statutes, and proceeds from sales in the Oklahoma
National Guard Museum gift shop. The fund shall be a continuing
fund, not subject to fiscal year limitations, and shall be under the
administrative direction of the Oklahoma Military Department of the
State of Oklahoma. Expenditures from the fund created by this
section shall be used exclusively for expenses of operation and
maintenance of the Oklahoma National Guard Museum and shall be made
pursuant to the laws of this state and without legislative
appropriation. Warrants for expenditures from the fund shall be
drawn by the State Treasurer, based on claims signed by an
authorized employee of the department and approved for payment by
the Director of the Office of Management and Enterprise Services.
SECTION 6. AMENDATORY 44 O.S. 2021, Section 243, as
amended by Section 6, Chapter 344, O.S.L. 2025 (44 O.S. Supp. 2025,
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
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 United States 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.
B. Members of the Oklahoma 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.
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C. Any full-time state employee that serves in a military
capacity shall receive compensation equaling the compensation,
benefits, entitlements, or other compensation received by a full-
time active-duty service member at the same rank and time in grade.
D. When prescribing the rules and regulations governing
enlistment, organization, administration, equipment, discipline and
discharge of the personnel of the Oklahoma National State Guard, the
Governor shall issue such rules and regulations in the form of an
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 National
State Guard shall also be published by the Adjutant General as a
military publication.
SECTION 7. AMENDATORY Section 18, Chapter 344, O.S.L.
2025 (44 O.S. Supp. 2025, Section 271), is amended to read as
follows:
Section 271. A. The provisions of this section shall not be
operative and no payments shall be made from the Oklahoma National
Guard Supplemental Retirement Pay Revolving Fund created in Section
19 272 of this act title until November 1, 2027.
B. The provisions of this section shall only be applicable to a
member of the Oklahoma National Guard who has accrued enough service
credit prior to the effective date of this act in order to retire
from the system maintained by the Defense Finance and Accounting
Service, or its successor in interest, for the benefit of members of
state National Guards national guards, but who has not attained the
required age prior to the effective date of this act November 1,
2025, in order to be paid the full amount of such benefit. No
member of the Oklahoma National Guard shall be eligible to receive a
payment pursuant to the provisions of this section unless the member
has completed twenty-five (25) years of military service, which
shall include at least five (5) years in the Oklahoma National
Guard, and retires as a member of the Oklahoma National Guard. Such
member who qualifies for such benefits pursuant to this section
shall be deemed a qualifying member.
C. The provisions of this section shall not be applicable to
any person who retires with an active duty military pension is
receiving funds pursuant to 10 U.S.C., Section 12732.
ENR. H. B. NO. 3940 Page 8
D. The amount of the payment shall be determined as follows:
1. Determine the amount of retirement the member would receive
if the member had reached the age to accrue federal retirement
benefits based upon total points accrued;
2. If the members of the active duty military retirement system
were eligible for a cost-of-living adjustment for the year for which
the computation of the payment amount authorized by this section is
to be made, the cost-of-living adjustment amount in an annualized
form shall be added to the result of the computation in paragraph 1
of this subsection each year; and
3. The resulting amount shall be paid to the Oklahoma National
Guard member in twelve (12) equal monthly amounts with allowance as
required for rounding.
E. Any benefit payable to an eligible member of the Oklahoma
National Guard shall only be payable during the member’s lifetime,
and no benefit authorized pursuant to the provisions of this section
shall be payable to a beneficiary other than amounts paid to a
member prior to the member’s death which are payable to another
person pursuant to the provisions of a joint tenancy bank account
with a right of survivorship naming a person or persons as
beneficiary, a bank account with a transfer on death or payable on
death feature, an express trust, including, but not limited to, a
trust created by the payee member during his or her lifetime, a will
or the statute of intestate succession for distribution of the
assets of a person who does not otherwise provide for the
disposition of his or her assets after death.
F. The payment otherwise authorized pursuant to the provisions
of this act section may only be made to a person who has become
eligible to receive retirement benefits from the retirement system
under the supervision of the Defense Finance and Accounting Service,
or its successor in interest, as of the date the first payment
pursuant to this act section is authorized.
G. The payments authorized by this section shall be paid to the
eligible member until the member begins to receive federal
retirement benefits from the Defense Finance and Accounting Service,
or its successor in interest, but shall not be paid for any period
of time after such time period.
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H. In the event the funds required for full payment to all
eligible members pursuant to the provisions of this section are not
sufficient, the payments to the eligible members shall be prorated
by dividing the total number of eligible members by the total amount
of available funds. The resulting quotient shall be multiplied by
the payment amount otherwise due to the eligible member and the
result of that computation shall be the reduced dollar amount paid
to each member for the applicable period. For any period of time
during which payments are prorated pursuant to this subsection, the
next increment of available funds shall be used to make payments to
the eligible members whose payment amounts were prorated to
compensate for the reduction made in the prior payment period.
SECTION 8. AMENDATORY Section 19, Chapter 344, O.S.L.
2025 (44 O.S. Supp. 2025, Section 272), is amended to read as
follows:
Section 272. There is hereby created in the State Treasury a
revolving fund for the Oklahoma Military Department of the State of
Oklahoma to be designated the “Oklahoma National Guard Supplemental
Retirement Retention Pay Revolving Fund”. The fund shall be a
continuing fund, not subject to fiscal year limitations, and shall
consist of all monies received by the Oklahoma Military Department
of the State of Oklahoma from funds provided by law. All monies
accruing to the credit of said the fund are hereby appropriated and
may be budgeted and expended by the Oklahoma Military Department of
the State of Oklahoma for the purpose of implementing the provisions
of Section 18 271 of this act title. Expenditures from said 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 9. AMENDATORY 44 O.S. 2021, Section 815, as
amended by Section 7, Chapter 344, O.S.L. 2025 (44 O.S. Supp. 2025,
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 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.
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B. Any 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
under this section to a 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. 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. 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
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
ENR. H. B. NO. 3940 Page 12
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 commanding officer has determined that nonjudicial
punishment is appropriate, the commanding officer shall provide
reasonable notice to the member of his or her intent to impose
nonjudicial punishment. At the time the 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 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
commanding officer provides notification as required in this
subsection, the 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, or three (3) duty days if on
active duty.
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 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 member shall be notified that there is
no right to trial by court-martial in lieu of nonjudicial
punishment. Upon notification by the commanding officer of his or
her intent to impose nonjudicial punishment that includes arrest in
quarters or restriction, the member shall be afforded a reasonable
ENR. H. B. NO. 3940 Page 13
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 section 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
state military forces as the accused. An appeal made pursuant to
this subsection shall be lodged within fifteen (15) calendar days
after the punishment is announced to the 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 for 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).
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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
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 member officer, may:
a. excuse the member officer from attendance at scheduled
unit training assemblies, or
b. arrange for the member officer to drill on alternate
dates and in alternate locations; or
2. If necessary to maintain good order and discipline within
the unit, the commanding officer who imposed the nonjudicial
punishment may order the member to 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 member upon trial and, when so demonstrated, it
shall be considered in determining the measure of punishment to be
ENR. H. B. NO. 3940 Page 15
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 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 punishments. This subsection shall in
no way restrict the right of a 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 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
General. When imposing nonjudicial punishment on enlisted persons
of the rank of E-7 or below, a commander or commanding officer in
ENR. H. B. NO. 3940 Page 16
charge who possesses the rank of colonel may consider reduction in
rank as a possible punishment.
SECTION 10. AMENDATORY Section 1, Chapter 390, O.S.L.
2025 (70 O.S. Supp. 2025, Section 14-140), is amended to read as
follows:
Section 14-140. A. This act Sections 14-140 through 14-141 of
this title shall be known and may be cited as the “Oklahoma National
Guard CareerTech Assistance “Christopher A. Rau Act”.
B. As used in this act the Christopher A. Rau 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.
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.
ENR. H. B. NO. 3940 Page 17
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 14-141 of this act title.
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.
F. To retain eligibility for the program, an eligible Guard
member shall:
1. Maintain good academic standing and satisfactory progress
according to the 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. F. 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
ENR. H. B. NO. 3940 Page 18
member’s Commander 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.
H. G. The eligible Guard member’s Commander 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 E of this section.
I. An eligible Guard member seeking assistance pursuant to this
section who is eligible for federal education benefits for
vocational training shall exhaust all such federal benefits, when
available, first.
J. H. 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 E 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 E of this section.
Repayments shall be deposited into the Oklahoma National Guard
CareerTech Assistance Revolving Fund created pursuant to Section 2
14-141 of this act title.
K. 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 E 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.
L. J. 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
ENR. H. B. NO. 3940 Page 19
Assistance Revolving Fund created pursuant to Section 2 14-141 of
this act title.
M. K. The State Board of Career and Technology Education shall
promulgate rules to implement the provisions of this act the
Christopher A. Rau Act including deadlines for submission of
applications required by subsection G F 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
L. An eligible Guard member seeking assistance pursuant to this
section who is eligible for federal education benefits for
vocational training or higher education shall first exhaust all such
federal benefits, subject to availability.
SECTION 11. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 14-140.1 of Title 70, 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, as described in Section 271
of Title 44 of the Oklahoma Statutes, to elect to transfer benefits
to one or more of his or her dependents. The Adjutant General may
promulgate any rules necessary to carry out the provisions of this
act.
B. The following requirements shall be met in order to qualify
for the transfer of benefits:
1. Complete at least six (6) years of service by the date the
request is approved;
2. Agree to add four (4) or more years of service; or
3. Have twenty (20) or more years of service.
C. The spouse of a qualifying member may use the benefits if
the qualifying member is on active duty or separated from service.
D. A dependent child of the qualifying member may start to use
the benefits once transferred if:
ENR. H. B. NO. 3940 Page 20
1. The child has received a high school diploma or equivalent
or the child is at least eighteen (18) years of age; and
2. The child is less than twenty-six (26) years of age.
SECTION 12. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 3231.1 of Title 70, 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 271 of
Title 44 of the Oklahoma Statutes who is entitled to education
assistance to elect to transfer to one or more of the dependents
specified in this section a portion of such individual’s entitlement
to such assistance, subject to the limitations set forth in
subsection D of this section.
B. The following requirements shall be met in order to qualify:
1. The recipient completes at least six (6) years of service by
the date the request is approved, subject to paragraph 4 of this
subsection;
2. The recipient agrees to add four (4) or more years of
service, subject to paragraph 4 of this subsection;
3. The transferring recipient is enrolled in the Defense
Enrollment Eligibility Reporting System; and
4. The service requirements in paragraphs 1 and 2 of this
subsection shall not apply if the qualifying member is a Purple
Heart recipient but such recipient shall request to transfer
benefits while still on active duty.
C. The spouse of a qualifying member may use the benefits
whether the member is on active duty or separated from service under
the following provisions:
1. If the member separated from active duty before January 1,
2013, the spouse may use the benefits for up to fifteen (15) years
after the member’s separation from active duty; and
2. If the member separated from active duty on or after January
1, 2013, the spouse may use the benefits at any time with no time
limitations.
ENR. H. B. NO. 3940 Page 21
D. A dependent child of the qualifying member may start to use
the benefits after the member has completed at least ten (10) years
of service and such benefits may be used while on active duty or
after separation from service under the following provisions:
1. The child has received a high school diploma or equivalent
or the child is at least eighteen (18) years of age; and
2. The child is less than twenty-six (26) years of age.
SECTION 13. RECODIFICATION Section 1, Chapter 390,
O.S.L. 2025 (70 O.S. Supp. 2025, Section 14-140), as amended by
Section 10 of this act, shall be recodified as Section 14-140A of
Title 70 of the Oklahoma Statutes, unless there is created a
duplication in numbering.
SECTION 14. This act shall become effective November 1, 2026.
ENR. H. B. NO. 3940 Page 22
Passed the House of Representatives the 5th day of May, 2026.
Presiding Officer of the House
of Representatives
Passed the Senate the 29th day of April, 2026.
Presiding Officer of the Senate
OFFICE OF THE GOVERNOR
Received by the Office of the Governor this ____________________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________
Approved by the Governor of the State of Oklahoma this _________
day of ___________________, 20_______, at _______ o'clock _______ M.
_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of State this __________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________