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STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
COMMITTEE SUBSTITUTE
FOR
HOUSE BILL NO. 3902 By: Kannady
COMMITTEE SUBSTITUTE
An Act relating to militia; amending 44 O.S. 202 1,
Sections 21, 23, 24, 25, 45, 48, 49, 235, 241, and
243, which relate to the Oklahoma Military Code ;
clarifying personnel to staff joint forces
headquarters; providing for Adjutant General to
assign necessary persons to headquarters; clarifying
personnel in state military forces ; providing gender-
neutral language; modifying eligibility crite ria for
Adjutant General; authorizing Governor to waive
certain eligibility requirements; directing certain
comparable rate of compensation for Adjutant General;
providing gender-neutral language; modifying oath of
office for National Guard officers; updating g ender-
neutral language; clarify ing personnel discharge
procedures by the Governor as Commander in Chief;
authorizing certain personnel matters to be decided
according to customs and state and federal
regulations; granting supervision and control of the
Oklahoma National Guard Museum to the Oklahoma
National Guard Museum Board of Go vernors;
establishing membership of Board of Governors;
providing for membership terms; prohibiting certain
persons from appointment; providing for appointment
of vacancies; prohib iting members from certain
employment; directing promu lgation of rules; listing
specified powers and duties of Board of Governors;
prescribing publication of rules and regulations for
operation and maintenance of Oklahoma National Guard
Museum; providing for legal counsel by the State
Judge Advocate or designee; removing reference to
certain regulations prescribed by the Secretary of
Defense; striking requirement that personnel
procedures be in conformity with certain laws, rules,
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and regulations; amending 44 O.S. 2021, Sections 821,
875, and 905, which relate to the Oklahoma Uniform
Code of Military Justice; prohibiting federal
officials from convening certain court-martial
proceedings without prior consent of the Governor;
requiring consent to be in writing and published by
Governor; authorizing Governor to reappoint certain
dismissed officers; providing for reappointment
procedures; directing Governor or Adjutant General to
prescribe certain regul ations; prohibiting act of
forgery; prescribing punishment for forgery; and
providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLA HOMA:
SECTION 1. AMENDATORY 44 O.S. 2021, Section 21, is
amended to read as follows:
Section 21. The Military Department of the State of Oklahoma is
hereby established and shall be under the command and control of the
Governor as Commander in Chief, with the Adjutant General as the
executive and administrative head ther eof. The Military Department
shall be constituted of the state military forces, as defined by
Section 801 of this title, and is hereby organized into a joint
headquarters which shall be identified as the joint forces
headquarters. The joint forces headqu arters shall be jointly
staffed by Army National Guard and Air National Guard personnel of
the state military forces who, under the authority and direction of
the Adjutant General, shall support and assist the Adjutant Ge neral
in the exercise of command an d control over state military forces
when not activated for federal duty under Title 10 of the United
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States Code. There shall be assigned to the joint force
headquarters, officers, enlisted personnel , and civilian employees
as may be considered necessary by the Governor as Commander in Chief
and as may be authorized by law and Army National Guard regulations
and Air National Guard regulations the Adjutant General .
SECTION 2. AMENDATORY 44 O.S. 2021, Section 23, is
amended to read as follows:
Section 23. The Governor of the state shall be the Commander in
Chief of the Militia, and as such shall have supreme command o f the
military forces of the state while in the service of the state or
until they are ordered and accepted into the actual service of the
United States within the meaning of C lauses 15 and 16 of Section 8
of Article I of the U nited States Constitution and Section 2 of
Article II of the United States Constitu tion. While in the service
of the state State of Oklahoma, he the Governor shall have power to
muster out any organization of the state military forces, discharge
enlisted men personnel, as provided herein, and perform such other
acts in keeping with the laws of the Commander in Ch ief, subject to
the laws of the United States and regulations prescribed by the
President of the United States . No armed military force from
another state or territory shall be permitted to enter t he state
without his permission of the Governor, unless such military force
be a part of the United States, or is acting under the authority of
the United States. No independent military organization, except as
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a corps of cadets at the educational institu tions, shall be
permitted to bear arms without first secur ing permission of the
Commander in Chief.
SECTION 3. AMENDATORY 44 O.S. 2021, Section 24, is
amended to read as follows:
Section 24. A. The Adjutant General shall be appo inted by the
Governor, by and with the advice and consent of the Senate, and
shall serve at the pleasure of the Governor.
B. To be eligible to hold the office o f Adjutant General of
this state, at the time of appointment the appointee:
1. Shall be a federally recognized and currently serving
officer of the Oklahoma National Guard and of the National Guard of
the United States for who is not presently retired nor has ever
previously retired from the National Guard and with no less than
three (3) years of service in the Oklahoma National Guard ;
2. Shall possess at least the rank of Colonel ; and
3. If not already a general officer, shall be eligible for a
Certificate of Eligibility pursuant to feder al law and applicable
regulations issued by the Chief of the National Guard Bureau .
C. If the Oklahoma National Guar d is in active federal service
and no persons having the qualifications required in subsection B of
this section are available within the s tate, then the Governor may
appoint, subject to the advice and consent of the Senate, any
suitably qualified person w ho at any time in the precedin g ten (10)
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years would have been qualified, as above, and who ha s served at
least two (2) years in active fed eral service in the grade of
Colonel or higher pursuant to the requir ements of subsection B of
this section.
D. The Governor may waive the requirements provided in
subsection B of this section so long as the officer to be appointed
is a currently serving officer in the Oklahoma National Guard with
no less than three (3) year s of service in the Oklahoma National
Guard.
SECTION 4. AMENDATORY 44 O.S. 2021, Section 25, is
amended to read as follow s:
Section 25. A. The Adjutant Gener al shall have the rank of
Major General and devote full time to the duties of the office.
Regardless of whether or not the Adjutant General has been
recognized federally at the rank of Major General at the time of
appointment by the Governor, the Adjutant General shall be
compensated at the same rate of pay and allowances afforded to a
Major General serving on federal Title 10 active duty with the same
time in grade.
B. The Governor may appoint Assistant Adjutants Ge neral for
Army and Assistant Adjutants General for Air to assist the Adjutant
General in the discharge and performance of his or her duties. When
appointing Assistant Adjutants General, the Governor shall take into
consideration the number of such positio ns contemplated or
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recommended by the National Guard Bureau for manning the joint
forces headquarters of a state. Such Assistant Adjutants General
shall have the qualifications prescribed by law for the Adjutant
General and shall have the rank of Brigadie r General. The Assistant
Adjutants General appointed by the Governor shall be considered
staff officers and not commanders except that, in the discretion o f
the Adjutant General, specific co mmand or supervisory authority may
be delegated by the Adjutant G eneral to an Assistant Adjutant
General but such delegation shall be accomplished in writing and
shall be considered a military publication, as defined in S ection
801 of this title (Article 1 ).
C. Other general officers assigned to billets within the stat e
military forces, including certain b illets within the joint forces
headquarters, shall be considered staff officers and not commanders
except that, in the discretion of the Adjutant General , specific
command or supervisory authority may be delegated by t he Adjutant
General to such general of ficers but such delegation shall be
accomplished in writing and shall be considered a military
publication, as defined in Section 801 of this title (Arti cle 1).
D. The Adjutant General may employ a state employee in t he
position of Executive Assistant and Programs Manager for the
Military Department of the state. Said position shall be
unclassified and exempt from the O klahoma Personnel Act and the
Merit Rules for Employment, except leave regulations.
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SECTION 5. AMENDATORY 44 O.S . 2021, Section 45, is
amended to read as follows:
Section 45. Oath for National Guard Officers. Each
commissioned officer, before entering upon the du ties of his or her
office, shall take and subscribe to the follow ing oath, or such
other oath as may be required by National Guard Re gulations:
"I .........., do solemnly swear that I will support and defend
the Constitution of the United States and the Co nstitution of the
State of Oklahoma against all enemies, foreign and domestic; that I
will bear true faith and allegiance to the same ; that I will obey
the lawful orders of the President of the United States and the
Governor of the State of Oklahoma; that I make this obligation
freely, without any mental reservation or purpose of evasion, and
that I will well and faithfully discharge the dutie s of the office
of ......., in the National Guard of the United States and the St ate
of Oklahoma upon which I am abo ut to enter, so help me God."
SECTION 6. AMENDATORY 44 O.S. 2021, Section 48, is
amended to read as follows:
Section 48. Enlisted men personnel discharged from service in
the Oklahoma National Guard of this state shall receive a discharge
in writing in such form and with such classification as is or shall
be prescribed by National Guard regulations, and in time of peace
discharges may be given prior to the expiration of terms of
enlistment in the following cases:
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By sentence of a general court-martial; by direction of the
Governor on account of disability; on account of sentence of
imprisonment by a civil co urt whether suspended or not; on account
of a bona fide permanent change of residence to an other state; and
for the purpose of enlisting in regular Army, Air Force, Navy, or
Marine Corps, and for such other causes as may be presc ribed by
National Guard regulations or the Governor as Commander in Chief;
provided, that an enlisted man person who has not returned or
accounted for all of the public property for which he or she is
responsible, shall under no circumstances receive an ho norable
discharge.
SECTION 7. AMENDATORY 44 O.S. 2021, Section 49, is
amended to read as fol lows:
Section 49. All matters relating to organization, commissioning
and discharging of officers, enlisting and discharge of enlisted men
personnel, discipline, and government of the National Guard, not
otherwise provided in this code, shall may be decided by according
to the customs, regulations, and usage of the United States Army or
the United States Air Force or National Guard regulati ons.
SECTION 8. AMENDATORY 44 O.S. 2021, Section 235, is
amended to read as follows:
Section 235. A. There is hereby created the Oklahoma National
Guard Museum, to be under the supervision and control of the
Oklahoma National Guard Museum Board of Governors . The Oklahoma
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National Guard Museum Board of Governors shall consist of at least
five, but no more than eleven, members all of whom shall be
appointed by the Adjutant General and shall serve at the pleasure of
the Adjutant General. The Adjutant General may Each member shall be
appointed for a term of three (3) years , and the Board of Govern ors
shall be divided into three (3) classes which shall be staggered in
their terms. No person shall be appointed to the Board of Governors
who is related by affinity or consanguinity within the th ird degree
to any person employed by the Oklahoma National Guard Museum.
Members of the Board of Governors shall continue in office until the
expiration of their terms and until their successors are appointed
and enter upon the duties of their offices. Any vacancy on the
Board of Governors resulting from any ca use shall be filled by
appointment by the Adjutant General for the remainder of the term
established pursuant to this subsection.
B. No member of the Board of Governors shall be employed by the
Oklahoma National Guard Museum during the time of his or her service
on the Board of Governors nor shall any person who served as a
member of the Board of Governors be employed by the Oklahoma
National Guard Museum subsequent to his or her service on the Boar d
of Governors for a period of two (2) years. Members of the Board of
Governors may also serve simultaneously on the Board of the Oklahoma
National Guard Museum Foundation.
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C. The Board of Governors shall promulgate rules and
regulations as necessary for the operation and maintenance of the
Oklahoma National Gu ard Museum. In addition to its other powers and
duties as herein provided, the Board of Governors shall have the
following specific powers and duties which shall, however, not be
deemed to be exclusive:
1. To organize itself by the election of a Chair , Vice Chair,
and Secretary, who shall perform the duties required of them by the
rules and regulations, but shall not receive compensation, and to
provide for the time and place of meetings of the Boa rd of Governors
at least four (4) times annually;
2. To appoint an Executive Director to oversee of the Oklahoma
National Guard Museum and provide for the employment of personnel as
may be necessary to carry out the daily operations and maintenance
of the museum and perform other duties as requested by the Adjut ant
General Oklahoma National Guard Museum. Appropriate state agencies
are directed to make available, for display of items of historical
significance and necess ary space for administration, the bu ildings
presently occupied by the Oklahoma Military Depart ment, 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 long er needed by and
is vacated by the Oklahoma Military Depar tment. The salary and
tenure of the Executive Director shall be established by the Board
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of Governors. The salaries and tenure of all other personnel may be
established by the Board of Governors o r delegated to the Executive
Director for his or her deter mination;
3. To establish a budget annually or more often if needed for
the Oklahoma National Guard Museum; and
4. To approve all claims and expenditures arising from the
operations and maintenanc e of the Oklahoma National Guard Museum,
prior to the payment thereof, from appropriations made directly to
the Oklahoma National Guard Museum or from funds provided by the
Oklahoma Military Department or from funds provided by the Oklahoma
National Guard Museum Foundation.
D. The Executive Director, subject to the approval of the
Adjutant General Board of Governors, may lease to the 45th Infantry
Division Association, for periods not exceeding on e (1) year and
with provisions for renewal fr om year to year, an area to be use d as
a gift shop, if the lease does not interfere with its use by the
Oklahoma National Guard Museum. The proceeds of the sales from the
gift shop shall remain with the 45th In fantry Division Association
for operating purposes.
E. The Adjutant General sh all cause the rules and regulations
promulgated pursuant to subsection C of this section to be published
as military publications as defined in S ection 801 of this title.
The State Judge Advocate or his or her designee shall provide legal
counsel and support to the Board of Governors.
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SECTION 9. AMENDATORY 44 O.S. 2021, Section 241, is
amended to read as follows:
Section 241. The Governor, pursuant to the authority granted
the states by Section 109 of Title 32 of th e United States Code or a
successor provision, and under such regulations as th e Secretary of
Defense may prescribe for discipline in training, is hereby
authorized to enlist, organize, maintain , equip and discipline such
military forces other than the Nat ional Guard as he or she may deem
necessary to defend the state. Such forces s hall be uniformed and
subject to Sections 1 through 117, Sections 208 through 237, and
Sections 800 through 946 of this title, insofar as such sections do
not conflict with Sect ions 241 through 250 of this title.
SECTION 10. AMENDATORY 44 O.S. 2021, Section 243, is
amended to read as follows:
Section 243. A. The Governor is hereby authorized to prescribe
rules and regulations governing the enlistment, o rganization,
administration, equipment, discipline and discharge of the personn el
of such military forces; to requisition from the Secretary of
Defense such arms and equipment as may be in the p ossession of and
can be spared by the Department of Defense an d to extend thereto the
facilities of state armories, Armed Forces Reserve Cent ers,
readiness centers, logistics, aviation, and training facilities,
warehouses and their equipment and such other state premises and
property as may be available for the purpo se of drill and
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instruction. Insofar as applicable the procedure for the
enlistment, organization, pay, maintenance, equipment and
disciplining of such forces shall be in conformity with the la w and
the rules and regulations governing and pertaining to th e National
Guard; provided, that the off icers Officers and enlisted personnel
in the Oklahoma State Guard shall not receive any compensation or
monetary allowances from the state except when act ivated for state
active duty, as defined in Section 801 of thi s title, by order of
the Governor.
B. Members of the Oklahoma State Guard shal l be considered part
of state military forces as defined in Section 801 of this title and
shall be subject to the O klahoma Uniform Code of Military Justice.
C. When prescribing the rules and regulation s governing
enlistment, organization, administration, equipment, discipline and
discharge of the personnel of the Oklahoma State Guard, the Governor
shall issue such rul es 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 prescribin g the rules and regulations governing
enlistment, organization, administration, equipment, discipline and
discharge of the personnel of the Oklahoma State Guard shall also be
published by the Adjutant G eneral as a military publication.
SECTION 11. AMENDATORY 44 O.S. 2021, Section 821, is
amended to read as follows:
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Section 821. RESERVED. ARTICLE 21. Convening of court-martial
by federal officials .
In no case shall the President of the United States, the
Secretary of Defense, the Secretary of a military department, a
military officer serving on active duty within the meaning of Title
10 of the United States Code, or any other federal official convene
a court-martial proceeding pursuant to the Oklahoma Military Code
unless prior consent has been granted by the Governor. Such
consent, if granted by the Governor, shall be accom plished in
writing and shall be published by the Governor.
SECTION 12. AMENDATORY 44 O.S. 2021, S ection 875, is
amended to read as follo ws:
Section 875. ARTICLE 75. Restoration.
A. Under such regulations as the Adjutant General may
promulgate, all rights, privileges, and property affected by an
executed part of a court-martial sentence which has be en set aside
or disapproved, except an executed dismissal or discharge, shall be
restored unless a new trial or rehearing is ordered and such
executed part is included in a sentence imposed upon the new trial
or rehearing.
B. If a previously executed sent ence of dishonorable or bad-
conduct discharge is not imposed on a new trial, the Adjutant
General shall substitute therefor a form of discharge authorize d for
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administrative issuance unless the accused is to serve ou t the
remainder of his or her enlistment .
C. If a previously executed sentence of dismissal is not
imposed on a new trial, the Adjutant General shall substitute
therefor a form of discharge au thorized for administrative issue,
and the commissioned officer dismissed by that sentence may be
reappointed pursuant to Sections 875 and 12203 of Title 10 of the
United States Code and any applicable regulations prescribed
thereunder by the President of the United States or the Secretary
concerned solely by the Governor to such commissioned grade and wit h
such rank as in the opinion of the Governor that former officer
would have attained had he or she not been dismissed. The
reappointment of such a form er officer shall be without regard to
the existence of a vacanc y and shall affect the promotion status of
other officers only insofar as the Governor may direct. All time
between the dismissal and the reappointment shall be considere d as
actual service for all purposes, including the right to pay and
allowances.
D. The Governor or Adjutant General shall prescribe
regulations, with such limitati ons as the Governor or Adjutant
General considers appropriate, governing eligibility for pay and
allowances for the period after the date on which an executed part
of a court-martial sentence is set aside.
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SECTION 13. AMENDATORY 44 O .S. 2021, Section 905, is
amended to read as follows:
Section 905. RESERVED. ARTICLE 105. Forgery.
Any person subject to th e Oklahoma Uniform Code of Military
Justice who, with intent to defraud:
1. Falsely makes or alters any signature to, or any part of,
any writing which would, if genuine, apparently impose a legal
liability on another or change his or her legal right or liability
to his or her prejudi ce; or
2. Utters, offers, issues, or transfers such a writing, known
by him or her to be so made or altered is guilty of forgery and
shall be punished as a court-martial may direct.
SECTION 14. This act shall become effective November 1, 2022.
58-2-10386 EK 02/08/22