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STATE OF OKLAHOMA
2nd Session of the 60th Legislature (2026)
COMMITTEE SUBSTITUTE
FOR
SENATE BILL 1376 By: Hines of the Senate
and
West (Josh) of the House
COMMITTEE SUBSTITUTE
An Act relating to the Oklahoma National Guard;
amending 44 O.S. 2021, Sections 26 and 243, as
amended by Sections 4 and 6, Chapter 344, O.S.L. 2025
(44 O.S. Supp. 2025, Sections 26 and 243), which
relate to authority under the Adjutant General and
the Governor’s authority over state militia; removing
certain authority; allowing certain bequests to be
defined by the Adjutant General in certain
situations; requiring compensation to be provided by
the Oklahoma National Guard Supplemental Retirement
Pay Revolving Fund; amending Section 18, Chapter 344,
O.S.L. 2025 (44 O.S. Supp. 2025, Section 271), which
relates to the Oklahoma National Guard Supplemental
Retirement Pay Revolving Fund; providing certain
limitations for operability of 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 the commanding officer’s
nonjudicial punishment authority; providing certain
time period to respond to certain intent; 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; removing
certain authority to promulgate regulations;
requiring certain member to exhaust certain benefits
before accessing certain funds; amending Section 21,
Chapter 344, O.S.L. 2025 (70 O.S. Supp. 2025, Section
14-142.1), which relates to transfer of education
assistance to dependents; allowing certain member to
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transfer certain entitlement; updating statutory
references; updating statutory language; repealing
Section 20, Chapter 344, O.S.L. 2025 (70 O.S. Supp.
2025, Section 14-142), which relates to education
assistance; providing an effective date; and
declaring an emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. 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 with weaponry as the Adjutant
General deems necessary to adequately provide for the security of
the facilities and their occupants.
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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
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).
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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 Adjutant General may define the
purpose of any bequests as authorized by law.
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.
I. The Adjutant General shall serve as the chief commissioner
of all police units and officers appointed under the Oklahoma
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Military Department of the State of Oklahoma. The Adjutant General
may appoint police officers in accordance with Section 230 of this
title.
SECTION 2. 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. Insofar as applicable, the procedure for the
enlistment, organization, pay, maintenance, equipment, and
discipline of such forces 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
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active duty, as defined in Section 801 of this title, by order of
the Governor.
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.
C. Any full-time state employee that who serves in a military
capacity shall receive compensation equaling 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 in perpetuity but such compensation shall not be
transferable. Compensation under this subsection shall be funded by
the revolving fund established pursuant to Section 272 of Title 44
of the Oklahoma Statutes or other appropriated funds.
D. C. When prescribing the rules and regulations governing
enlistment, organization, administration, equipment, discipline and
discharge of the personnel of the Oklahoma State Guard or Oklahoma
National 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
State Guard or Oklahoma National Guard shall also be published by
the Adjutant General as a military publication.
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SECTION 3. 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 January 1, 2027, or
until funds are appropriated, whichever date is earlier.
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.
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.
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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
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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.
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
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the eligible members whose payment amounts were prorated to
compensate for the reduction made in the prior payment period.
SECTION 4. 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.
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.
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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:
1. An admonition;
2. A reprimand;
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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
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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 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
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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
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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) days after the
punishment is announced to the member. The commanding officer
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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).
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
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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
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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
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
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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 officer in charge who
possesses the rank of colonel may consider reduction in rank as a
possible punishment.
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SECTION 5. 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 shall be known and may be cited as
the “Oklahoma National Guard CareerTech Assistance Act”.
B. As used in this act the Oklahoma National Guard CareerTech
Assistance 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
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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.
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
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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. 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 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
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establish a cap on the number of eligible Guard members allowed to
participate per semester per technology center school program.
H. 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 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. 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
14-141 of this act title.
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K. 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.
L. 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 14-141 of this act
title.
M. The State Board of Career and Technology Education shall
promulgate rules to implement the provisions of this act the
Oklahoma National Guard CareerTech Assistance 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
N. An eligible Guard member seeking assistance pursuant to this
section who is eligible for federal education benefits for
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vocational training shall exhaust all such federal benefits, when
available, first.
SECTION 6. AMENDATORY Section 21, Chapter 344, O.S.L.
2025 (70 O.S. Supp. 2025, Section 14-142.1), is amended to read as
follows:
Section 14-142.1. A. Subject to the provisions of this
section, the Adjutant General may permit a qualifying member
described in Section 18 of this act an eligible Guard member as
defined in Section 14-140 or 3231 of this title who is entitled to
education assistance under this act the Oklahoma National Guard
CareerTech Assistance Act to elect to transfer to one or more of the
dependents specified in subsection C of this section a portion of
such individual’s entitlement to such assistance, subject to the
limitation under subsection D of this section.
B. An individual referred to in subsection A of this section is
any member of the uniformed services who, at the time of the
approval of the 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.
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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 to the term “dependent” under
subparagraphs A, D, and I of Section 1072(2)(A), (D), and (I) 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:
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 the Oklahoma National Guard CareerTech Assistance Act, and
except as provided in subsection K or L of this section, an
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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:
a. six (6) years of service in the Oklahoma 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:
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a. the completion by the individual making the transfer
of at least:
(1) six (6) years of service in the Oklahoma 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 or equivalency
certificate) 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 subsection:
a. in the case of entitlement transferred to a spouse
under this section, the spouse is entitled to
educational assistance under this chapter the Oklahoma
National Guard CareerTech Assistance Act in the same
manner as the individual from whom the entitlement was
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transferred as if the individual were not on active
duty, and
b. in the case of entitlement transferred to a child
under this section, the child is entitled to
educational assistance under this act the Oklahoma
National Guard CareerTech Assistance 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 of this
subsection 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 act
the Oklahoma National Guard CareerTech Assistance Act
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 act
the Oklahoma National Guard CareerTech Assistance Act
to the individual making the transfer as if the
individual were not on active duty.
4. Death of transferor: The death of an individual
transferring an entitlement under this section shall not affect the
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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 act the Oklahoma National Guard CareerTech
Assistance Act and has designated a transferee or
transferees under subsection E of this section 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 of
this section.
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 the Oklahoma
National Guard CareerTech Assistance Act, but may not,
except as provided in subparagraph b or c of this
paragraph, 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) of this
subparagraph, 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
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or member of the Oklahoma National Guard, the
child may use the benefits beginning on the date
specified in division (3) of this subparagraph
for a period whose length is specified in
division (4) of this subparagraph 6 of this
section.
(2) Inapplicability for revocation.
Division (1) of this subparagraph 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) of this
subparagraph 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) of this
subparagraph,
(b) the date on which it is reasonably feasible,
as determined under regulations prescribed
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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.
6. Length of use. The length of the period specified in this
paragraph for the use of benefits by a child under division (1) of
subparagraph b of paragraph 5 of this section is the length equal to
the length of the period that:
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) of subparagraph b of paragraph 5 of this section,
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) of subparagraph b of paragraph 5 of this
section, 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
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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 establishment closed (temporarily,
temporarily or permanently) 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
so prevented from pursuing the program of education,
as determined by the Adjutant General.
7. 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 or equivalency certificate)
certificate.
8. The administrative provisions of this act the Oklahoma
National Guard CareerTech Assistance 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.
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1. Subject to paragraph 2 of this subsection, 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 of this paragraph, if
If an individual transferring entitlement under this section fails
to complete the service agreed to by the individual under division
(1) of subsection b of this paragraph in accordance with the terms
of the agreement of the individual under that subsection pursuant to
this section, the amount of any transferred entitlement under this
section that is used by a dependent of the 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 purposes of
this act in the case of an individual who fails to complete service
agreed to by the individual:
(1) a. by reason of death of the individual, or
(2) b. for a reason referred to in this act the Oklahoma
National Guard CareerTech Assistance Act.
J. Regulations.
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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 of this section, and
c. the manner and effect of an election to modify or
revoke a transfer of entitlement under paragraph 2 of
subsection F of this section.
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.
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
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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 7. REPEALER Section 20, Chapter 344, O.S.L. 2025
(70 O.S. Supp. 2025, Section 14-142), is hereby repealed.
SECTION 8. This act shall become effective July 1, 2026.
SECTION 9. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
60-2-3597 CAD 2/17/2026 7:23:38 PM