Oklahoma 2022 Regular Session

Oklahoma House Bill HB3902 Compare Versions

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29-SENATE FLOOR VERSION
30-March 31, 2022
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3328 ENGROSSED HOUSE
3429 BILL NO. 3902 By: Kannady of the House
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3631 and
3732
3833 Simpson of the Senate
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4340 An Act relating to militia; amending 44 O.S. 202 1,
4441 Sections 21, 23, 24, 25, 45, 48, 49, 235, 241, and
4542 243, which relate to the O klahoma Military Code ;
4643 clarifying personnel to staff joint forces
4744 headquarters; providing for Adjutant General to
4845 assign necessary persons to headquarters; clarifying
4946 personnel in state military forces; providing gender-
5047 neutral language; modifying eligibility crite ria for
5148 Adjutant General; authorizing Governor to waive
5249 certain eligibility requirements; directing certain
5350 comparable rate of compensation for Adjutant General;
5451 providing gender-neutral language; modifying oath of
5552 office for National Guard officers; updating g ender-
5653 neutral language; clarifying personnel discharge
5754 procedures by the Governor as Commander in Chief;
5855 authorizing certain personnel matters to be decided
5956 according to customs and state and federal
6057 regulations; granting supervision and control of the
6158 Oklahoma National Guard Museum to the Oklahoma
6259 National Guard Museum Board of Go vernors;
6360 establishing membership of Board of Governors;
6461 providing for membership terms; prohibiting certain
6562 persons from appointment; providing for appointment
6663 of vacancies; prohib iting members from certain
6764 employment; directing promu lgation of rules; listing
6865 specified powers and duties of Board of Governors;
6966 prescribing publication of rules and regulations for
7067 operation and maintenance of Oklahoma National Guard
7168 Museum; providing for legal counsel b y the State
7269 Judge Advocate or designee; removing reference to
7370 certain regulations prescribed by the Secretary of
7471 Defense; striking requirement that personnel
7572 procedures be in conformity with certain laws, rules,
73+and regulations; amending 44 O.S. 2021, Sect ions 821,
74+875, and 905, which relate to the Oklahoma Uniform
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103-and regulations; amending 44 O.S. 2021, Sect ions 821,
104-875, and 905, which relate to the Oklahoma Uniform
105101 Code of Military Justice; prohibiting federal
106102 officials from convening certain court-martial
107103 proceedings without prior consent of the Governor;
108104 requiring consent to be in writing and published by
109105 Governor; authorizing Governor to reappoint certain
110106 dismissed officers; providing for reappointment
111107 procedures; directing Governor or Adjutant General to
112108 prescribe certain regulations; prohibiting act of
113109 forgery; prescribing punishment for forgery; and
114110 providing an effective date .
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119115 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLA HOMA:
120116 SECTION 1. AMENDATORY 44 O.S. 2021, Section 21, is
121117 amended to read as follows:
122118 Section 21. The Military Department of the State of Oklahoma is
123119 hereby established and shall be under the command and control of the
124120 Governor as Commander in Chief, with the Adjutant General as the
125121 executive and administrative head thereof. The Military Department
126122 shall be constituted of the state military forces, as d efined by
127123 Section 801 of this title, and is hereby organized into a joint
128124 headquarters which shall be identified as the joint forces
129125 headquarters. The joint forc es headquarters shall be jointly
130126 staffed by Army National Guard and Air National Guard personnel of
131127 the state military forces who, under the authority and direction of
132128 the Adjutant General, shall support and assist the Adjutant Ge neral
133129 in the exercise of c ommand and control over state military forces
134130 when not activated for federal duty under Title 10 of the United
131+States Code. There shall be assigned to the joint force
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162-States Code. There shall be assigned to the joint force
163158 headquarters, officers, enlisted personnel , and civilian employees
164159 as may be considered necessary by the Governor as Commander in Chief
165160 and as may be authorized by law and Army Natio nal Guard regulations
166161 and Air National Guard regulations the Adjutant General .
167162 SECTION 2. AMENDATORY 44 O.S. 2021, Section 23, is
168163 amended to read as follows:
169164 Section 23. The Governor of the state shall be the Commander in
170165 Chief of the Militia, and as such shall have supreme command o f the
171166 military forces of the state while in the service of the state or
172167 until they are ordered and accepted into the actual service of the
173168 United States within the meaning of C lauses 15 and 16 of Secti on 8
174169 of Article I of the U nited States Constitution and Section 2 of
175170 Article II of the United States Constitu tion. While in the service
176171 of the state State of Oklahoma, he the Governor shall have power to
177172 muster out any organization of the state military forces, discharge
178173 enlisted men personnel, as provided herein, and perform such other
179174 acts in keeping with the laws of the Commander in Ch ief, subject to
180175 the laws of the United States and regulations prescribed by the
181176 President of the United States . No armed military force from
182177 another state or territory shall be permitted to enter t he state
183178 without his permission of the Governor, unless such military force
184179 be a part of the United States, or is acting under the authority of
185180 the United States. No independent military organization, except as
181+a corps of cadets at the educational institu tions, shall be
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213-a corps of cadets at the educational institu tions, shall be
214208 permitted to bear arms without first secur ing permission of the
215209 Commander in Chief.
216210 SECTION 3. AMENDATORY 44 O.S. 2021, Section 24, is
217211 amended to read as follows:
218212 Section 24. A. The Adjutant General shall be appo inted by the
219213 Governor, by and with the advice and consent of the Senate, and
220214 shall serve at the pleasure of the Governor.
221215 B. To be eligible to hold the office o f Adjutant General of
222216 this state, at the time of appointment the appointee:
223217 1. Shall be a federally recognized and currently serving
224218 officer of the Oklahoma National Guard and of the National Guard of
225219 the United States for who is not presently retired nor has ever
226220 previously retired from the National Guard and with no less than
227221 three (3) years of service in the Oklahoma National Guard ;
228222 2. Shall possess at least the rank of Colone l; and
229223 3. If not already a general officer, shall be eligible for a
230224 Certificate of Eligibilit y pursuant to federal law and applicable
231225 regulations issued by the Chief of the National Guard Bureau .
232226 C. If the Oklahoma National Guar d is in active federal ser vice
233227 and no persons having the qualifications required in subsection B of
234228 this section are ava ilable within the state, then the Governor may
235229 appoint, subject to the advice and consent of the Senate, any
236230 suitably qualified person w ho at any time in the prec eding ten (10)
231+years would have been qualified, as above, and who ha s served at
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264-years would have been qualified, as above, and who has served at
265258 least two (2) years in active federal service in the grade of
266259 Colonel or higher pursuant to the requir ements of subsection B of
267260 this section.
268261 SECTION 4. AMENDATORY 44 O.S. 2021, Section 25, is
269262 amended to read as follow s:
270263 Section 25. A. The Adjutant General shall have the rank of
271264 Major General and devote full time to the duties of the office.
272265 Regardless of whether or not the Adjutant General has been
273266 recognized federally at the rank of Major General at the time of
274267 appointment by the Governor, the Adjutant General shall be
275268 compensated at the same rate of pay and allowances afforded to a
276269 Major General serving on federal Title 10 active duty with the same
277270 time in grade.
278271 B. The Governor may appoint Assistant Adjutants Ge neral for
279272 Army and Assistant Adjutants General for Air to assist the Adjutant
280273 General in the discharge and performance of his or her duties. When
281274 appointing Assistant Adjutants Gene ral, the Governor shall take into
282275 consideration the number of such positio ns contemplated or
283276 recommended by the National Guard Bureau for manning the joint
284277 forces headquarters of a state. Such Assistant Adjutants General
285278 shall have the qualifications pres cribed by law for the Adjutant
286279 General and shall have the rank of Brigadie r General. The Assistant
287280 Adjutants General appointed by the Governor shall be considered
281+staff officers and not commanders except that, in the discretion o f
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315-staff officers and not commanders except that, in the discretion o f
316308 the Adjutant General, sp ecific command or supervisory authority may
317309 be delegated by the Adjutant G eneral to an Assistant Adju tant
318310 General but such delegation shall be accomplished in writing and
319311 shall be considered a military publication, as defined in S ection
320312 801 of this title (Article 1).
321313 C. Other general officers assigned to billets within the stat e
322314 military forces, includin g certain billets within the joint forces
323315 headquarters, shall be considered staff officers and not commanders
324316 except that, in the discretion of the Adjutan t General, specific
325317 command or supervisory authority may be delegated by t he Adjutant
326318 General to such general officers but such delegation shall be
327319 accomplished in writing and shall be considered a military
328320 publication, as defined in Section 801 of this ti tle (Article 1).
329321 D. The Adjutant General may employ a state employee in t he
330322 position of Executive As sistant and Programs Manager for the
331323 Military Department of the state. Said position shall be
332324 unclassified and exempt from the O klahoma Personnel Act and the
333325 Merit Rules for Employment, except leave regulations.
334326 SECTION 5. AMENDATORY 44 O.S. 2021, Section 45, is
335327 amended to read as follows:
336328 Section 45. Oath for National Guard Officers. Each
337329 commissioned officer, before entering up on the duties of his or her
330+office, shall take and subscribe to the follow ing oath, or such
331+other oath as may be required by National Guard Re gulations:
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365-office, shall take an d subscribe to the following oath, or such
366-other oath as may be required by National Guard Re gulations:
367358 "I .........., do solemnly swear that I will support and defend
368359 the Constitution of the United States a nd the Constitution of the
369360 State of Oklahoma against all enemies, foreign and domestic; that I
370361 will bear true faith and allegiance to the same ; that I will obey
371362 the lawful orders of the President of the United States and the
372363 Governor of the State of Oklaho ma; that I make this obligation
373364 freely, without any mental reservation or purpose of evasion, and
374365 that I will well and faithfully discharge the dutie s of the office
375366 of ......., in the National Guard of the United States and the St ate
376367 of Oklahoma upon which I am about to enter, so help me God."
377368 SECTION 6. AMENDATORY 44 O.S. 2021, Section 48, is
378369 amended to read as follows:
379370 Section 48. Enlisted men personnel discharged from service in
380371 the Oklahoma National Guard of this state shall receive a discharge
381372 in writing in such form and with such classification as is or shall
382373 be prescribed by National Guard regulations, and in time of peace
383374 discharges may be given prior to the expiration of terms of
384375 enlistment in the following cases:
385376 By sentence of a general court-martial; by direction of the
386377 Governor on account of disability; on account of sentence of
387378 imprisonment by a civil co urt whether suspended or not; on account
388379 of a bona fide permanent change of residence to an other state; and
380+for the purpose of enlisting in regular Army, Air Force, Navy, or
381+Marine Corps, and for such other causes as m ay be prescribed by
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416-for the purpose of enlisting in regular Army, Air Force, N avy, or
417-Marine Corps, and for such other causes as m ay be prescribed by
418408 National Guard regulations or the Governor as Commander in Chief;
419409 provided, that an enlisted man person who has not returned or
420410 accounted for all of the public property for which he or she is
421411 responsible, shall under no circumstances re ceive an honorable
422412 discharge.
423413 SECTION 7. AMENDATORY 44 O.S. 2021, Section 49, is
424414 amended to read as fol lows:
425415 Section 49. All matters relating to organization, commissioning
426416 and discharging of officers, enlisting and discharge of enlisted men
427417 personnel, discipline, and government of the National Guard, not
428418 otherwise provided in this code, shall may be decided by according
429419 to the customs, regulations, and usage of the United States Army or
430420 the United States Air Force or National Gua rd regulations.
431421 SECTION 8. AMENDATORY 44 O.S. 2021, Section 235, is
432422 amended to read as follows:
433423 Section 235. A. There is hereby created the Oklahoma National
434424 Guard Museum, to be under the supervision and control of the
435425 Oklahoma National Guard Museum Board of Governors . The Oklahoma
436426 National Guard Museum Board of Governors shall consist of at least
437427 five, but no more than eleven, members all of whom shall be
438428 appointed by the Adjutant General and shall serve at the pleasure of
439429 the Adjutant General. The Adjutant General may Each member shall be
430+appointed for a term of three (3) years , and the Board of Govern ors
431+shall be divided into three classes which shall be staggered in
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467-appointed for a term of three (3) years , and the Board of Govern ors
468-shall be divided into three classes which shall be staggered in
469458 their terms. No person shall be appointed to the Board of Governors
470459 who is related by affinity or consanguinity within the th ird degree
471460 to any person employed by the Oklahoma National Guard Museum.
472461 Members of the Board of Governors shall continue in office until the
473462 expiration of their terms and until their successors are appointed
474463 and enter upon the duties of their offices. Any vacancy on the
475464 Board of Governors resulting from any ca use shall be filled by
476465 appointment by the Adjutant General for the remainder of the ter m
477466 established pursuant to this subsection.
478467 B. No member of the Board of Governors shall be employed by the
479468 Oklahoma National Guard Museum during the time of his or her service
480469 on the Board of Governors nor shall any person who served as a
481470 member of the Board of Governors be employed by the Okla homa
482471 National Guard Museum subsequent to his or her service on the Boar d
483472 of Governors for a period of two (2) years. Members of the Board of
484473 Governors may also serve simultaneously on the Board of the Oklahoma
485474 National Guard Museum Foundation.
486475 C. The Board of Governors shall promulgate rules and
487476 regulations as necessary for the operation and maintenance of the
488477 Oklahoma National Gu ard Museum. In addition to its other powers and
489478 duties as herein provided, the Board o f Governors shall have the
479+following specific powers and duties which shall, however, not be
480+deemed to be exclusive:
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517-following specific powers and duties which shall, however, not be
518-deemed to be exclusive:
519507 1. To organize itself by the election of a chair, vice-chair,
520508 and secretary, who shall perform the duties required of them by the
521509 rules and regulations, but shall not receive compensation, and to
522510 provide for the time and place of meetings of the Boa rd of Governors
523511 at least four times annually;
524512 2. To appoint an Executive Director to oversee of the Oklahoma
525513 National Guard Museum and provi de for the employment of personnel as
526514 may be necessary to carry out the daily operations and maintenance
527515 of the museum and perform other duties as requested by the Adjut ant
528516 General Oklahoma National Guard Museum. Appropriate state agencies
529517 are directed to make available, for display of items of historical
530518 significance and necess ary space for administration, the bu ildings
531519 presently occupied by the Oklahoma Military Depart ment, located in
532520 the vicinity of 36th Street and North Eastern in Oklahoma City,
533521 Oklahoma. The building herein referred to sha ll be made available
534522 by the Adjutant General as soon as same is no long er needed by and
535523 is vacated by the Oklahoma Military Depar tment. The salary and
536524 tenure of the Executive Director shall be established by the Boa rd
537525 of Governors. The salaries and tenur e of all other personnel may be
538526 established by the Board of Governors o r delegated to the Executive
539527 Director for his or her deter mination;
528+3. To establish a budget annually, or more often if needed, for
529+the Oklahoma National Guard Museum; and
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567-3. To establish a budget annually, or more often if needed, for
568-the Oklahoma National Guard Museum; and
569556 4. To approve all claims and expenditures arising from the
570557 operations and maintenanc e of the Oklahoma National Guard Museum,
571558 prior to the payment thereof, from appropriations made directly to
572559 the Oklahoma National Guard Museum or from funds provided by the
573560 Oklahoma Military Department or from funds provided by the Oklahoma
574561 National Guard Museum Foundation.
575562 D. The Executive Director, subject to the approval of the
576563 Adjutant General Board of Governors, may lease to the 45th Infantry
577564 Division Association, for periods not e xceeding one (1) year and
578565 with provisions for renewal fr om year to year, an area to be use d as
579566 a gift shop, if the lease does not interfere with its use by the
580567 Oklahoma National Guard Museum. The proceeds of the sales from the
581568 gift shop shall remain with the 45th Infantry Division Association
582569 for operating purposes.
583570 E. The Adjutant General sh all cause the rules and regulations
584571 promulgated pursuant to subsection C of this section to be published
585572 as military publications as defined in S ection 801 of this ti tle.
586573 The State Judge Advocate or his or her designee shall provide legal
587574 counsel and support to the Board of Governors.
588575 SECTION 9. AMENDATORY 44 O.S. 2021, Section 241, is
589576 amended to read as follows:
577+Section 241. The Governor, pursuant to the authority granted
578+the states by Section 109 of Title 32 of th e United States Code or a
579+successor provision, and under such regulations as th e Secretary of
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617-Section 241. The Governor, pursuant to the authority granted
618-the states by Section 109 of Title 32 of th e United States Code or a
619-successor provision, and under such regulations as th e Secretary of
620606 Defense may prescribe for discipline in training, is hereby
621607 authorized to enlist, orga nize, maintain, equip and discipline such
622608 military forces other than the Nat ional Guard as he or she may deem
623609 necessary to defend the state. Such forces s hall be uniformed and
624610 subject to Sections 1 through 117, Sections 208 through 237, and
625611 Sections 800 through 946 of this title, insofar as such sections do
626612 not conflict with Sect ions 241 through 250 of this title.
627613 SECTION 10. AMENDATORY 44 O.S. 2021, Section 243, is
628614 amended to read as follows:
629615 Section 243. A. The Governor is here by authorized to prescribe
630616 rules and regulations governing the enlistment, o rganization,
631617 administration, equipment, discipline and discharge of the personn el
632618 of such military forces; to requisition from the Secretary of
633619 Defense such arms and equipment as m ay be in the possession of and
634620 can be spared by the Department of Defense an d to extend thereto the
635621 facilities of state armories, Armed Forces Reserve Cent ers,
636622 readiness centers, logistics, aviation, and training facilities,
637623 warehouses and their equipment and such other state premises and
638624 property as may be available for the purpo se of drill and
639625 instruction. Insofar as applicable the procedure for the
640626 enlistment, organization, pay, maintenance, equipment and
627+disciplining of such forces shall be in conformi ty with the law and
628+the rules and regulations governing and pertaining to th e National
629+Guard; provided, that the off icers Officers and enlisted personnel
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668-disciplining of such forces shall be in conformi ty with the law and
669-the rules and regulations governing and pertaining to th e National
670-Guard; provided, that the off icers Officers and enlisted personnel
671656 in the Oklahoma State Guard shall not receive any compensation or
672657 monetary allowances from the state e xcept when activated for state
673658 active duty, as defined in Section 801 of thi s title, by order of
674659 the Governor.
675660 B. Members of the Oklahoma State Guard shal l be considered part
676661 of state military forces as defined in Section 801 of this title and
677662 shall be subject to the Oklahoma Uniform Code of Military Justice.
678663 C. When prescribing the rules and regulation s governing
679664 enlistment, organization, administration, equipment, discipline and
680665 discharge of the personnel of the Oklahoma State Guard, the Governor
681666 shall issue such rules and regulations in the form of an executive
682667 order or in a series of such orders. An executive order or a series
683668 of such orders prescribin g the rules and regulations governing
684669 enlistment, organization, administration, equipment, discipline and
685670 discharge of the personnel of the Oklahoma State Guard shall also be
686671 published by the Adjutant G eneral as a military publication.
687672 SECTION 11. AMENDATORY 44 O.S. 2021, Section 821, is
688673 amended to read as follows:
689674 Section 821. RESERVED. ARTICLE 21. Convening of court-martial
690675 by federal officials .
676+In no case shall the President of the United States, the
677+Secretary of Defense, the Secretary of a military department, a
678+military officer serving on active duty within the meaning of T itle
679+10 of the United States Code, or any other federal official convene
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718-In no case shall the President of the United States, the
719-Secretary of Defense, the Secretary of a military department, a
720-military officer serving on active duty within the meaning of T itle
721-10 of the United States Code, or any other federal official convene
722706 a court-martial proceeding pursuant to the Oklahoma Military Code
723707 unless prior consent has been granted by the Governor. Such
724708 consent, if granted by the Governor, shall be accom plished in
725709 writing and shall be published by the Governor.
726710 SECTION 12. AMENDATORY 44 O.S. 2021, S ection 875, is
727711 amended to read as foll ows:
728712 Section 875. ARTICLE 75. Restoration.
729713 A. Under such regulations as the Adjutant General may
730714 promulgate, all rights, privileges, and property affected by an
731715 executed part of a court-martial sentence which has be en set aside
732716 or disapproved, except an executed dismissal or discharge, shall be
733717 restored unless a new trial or rehearing is ordered and su ch
734718 executed part is included in a sentence imposed upon the new trial
735719 or rehearing.
736720 B. If a previously executed sent ence of dishonorable or bad-
737721 conduct discharge is not imposed on a new trial, the Adjutant
738722 General shall substitute therefor a form of disch arge authorized for
739723 administrative issuance unless the accused is to serve ou t the
740724 remainder of his or her enlistment .
725+C. If a previously executed sentence of dismissal is not
726+imposed on a new trial, the Adjutant General shall substitute
727+therefor a form of discharge authorized for administrative issue,
728+and the commissioned officer dismissed by that sentence may be
729+reappointed pursuant to Sections 875 and 12203 of Title 10 of the
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768-C. If a previously executed sentence of dismissal is not
769-imposed on a new trial, the Adjut ant General shall substitute
770-therefor a form of discharge authorized for administrative issue,
771-and the commissioned officer dismissed by that sentence may be
772-reappointed pursuant to Sections 875 and 12203 of Title 10 of the
773756 United States Code and any applicable regulations prescribed
774757 thereunder by the President of the United States or the Secretary
775758 concerned solely by the Governor to such commissioned grade and wit h
776759 such rank as in the opinion of the Governor that former officer
777760 would have attained had he or she not been dismissed. The
778761 reappointment of such a former officer shall be without regard to
779762 the existence of a vacanc y and shall affect the promotion status of
780763 other officers only insofar as the Governor may direct. All time
781764 between the dismissal and the reappointment shall be considere d as
782765 actual service for all purposes, including the right to pay and
783766 allowances.
784767 D. The Governor or Adjutant General shall prescribe
785768 regulations, with such limitat ions as the Governor or Adjutant
786769 General considers appropriate, governing eligibility for pay and
787770 allowances for the period after the date on which an executed part
788771 of a court-martial sentence is set aside.
789772 SECTION 13. AMENDATORY 44 O.S. 2021, Section 905, is
790773 amended to read as follows:
791774 Section 905. RESERVED. ARTICLE 105. Forgery.
775+Any person subject to the Oklahoma Uniform Code of Military
776+Justice who, with intent to defraud:
777+1. Falsely makes or alters any signature to, or any part of,
778+any writing which would, if genuine, apparentl y impose a legal
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819-Any person subject to the Oklahoma Uniform Code of Military
820-Justice who, with intent to defraud:
821-1. Falsely makes or alters any signature to, or any part of,
822-any writing which would, if genuine, apparentl y impose a legal
823805 liability on another or change hi s or her legal right or liability
824806 to his or her prejudi ce; or
825807 2. Utters, offers, issues, or transfers such a writing, known
826808 by him or her to be so made or altered,
827809 is guilty of forgery and shall be punished as a court-martial may
828810 direct.
829811 SECTION 14. This act shall become effective November 1, 2022.
830-COMMITTEE REPORT BY: COMMITTEE ON VETERANS AND MILITARY AFFAIRS
831-March 31, 2022 - DO PASS
812+Passed the House of Representatives the 15th day of March, 2022.
813+
814+
815+
816+
817+ Presiding Officer of the House
818+ of Representatives
819+
820+
821+Passed the Senate the ___ day of __________, 2022.
822+
823+
824+
825+
826+ Presiding Officer of the Senate
827+
828+