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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
HOUSE BILL 2382 By: Kannady
AS INTRODUCED
An Act relating to militia; amending 44 O.S. 202 1,
Sections 21, 23, 24, 25, 26, 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; establishing term limi t for
Adjutant General upon certain date; authorizing
removal for cause; modifying eligibility criteria for
Adjutant General; authorizing Governor to waive
certain eligibility requirements; directing certain
comparable rate of compensation for Adjutant General;
authorizing Adjutant Gen eral to establish rules
allowing the Military Department of the State of
Oklahoma to accept donations to create a certain
scholarship program; permitting delegation of
oversight to a nonprofit public charity; providing
gender-neutral language; modifying oath of office for
National Guard officers; updating gender-neutral
language; clarifying personnel discharge procedures
by the Governor as Commander in Chief; authorizing
certain personnel matters to be decided accor ding to
customs and state and federal regulations; removing
reference to certain regulations prescribed by the
Secretary of Defense; striking requirement that
personnel procedures be in conformity with certain
laws, rules, and regulations; amending 44 O.S. 2021,
Sections 821, 875, and 905, which relate to the
Oklahoma Uniform Code of Militar y 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
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reappointment procedures; directing Governor or
Adjutant General to prescribe certain regulations;
prohibiting act of forgery; prescribing punishment
for forgery; and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 44 O.S. 2021, Section 21, is
amended to read as follows:
Section 21. The Military Department of the State of Oklah oma is
hereby established and shall be under the command and control of the
Governor as Commander in Chief, with the Adjutant General as the
executive and administrative head thereof. The Military Department
shall be constituted of the state military forc es, as defined by
Section 801 of this title, and is hereby organized into a joint
headquarters which shall be identified as the joint forces
headquarters. The joint forces headquarters shall be jointly
staffed by Army National Guard and Air National Guard personnel 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 and control over state military forces
when not activated for federal duty unde r Title 10 of the United
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
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and as may be authorized by law and Ar my 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 Clauses 15 and 16 of Section 8
of Article I of the United 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 ind ependent military organization , except as
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.
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SECTION 3. AMENDATORY 44 O.S. 2021, Section 24, is
amended to read as foll ows:
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. Beginning January 1,
2027, the appointment of the Adjutant General shall be for a term of
five (5) years, requiring a new reappointment process for any
additional term. The Adjutant General may be removed for cause by
the Governor during the appointed term .
B. To be eligible to hold the office of Adjutant General of
this state, at the time of appointment the appointee:
1. Shall be a federally recognized and currently serving
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 federal law and applicable
regulations issued by the Chief of the National Guard Bureau .
C. If the Oklahoma National Guard is in active federal service
and no persons having the qualifications required in subsection B of
this section are available within the state, then the Governor may
appoint, subject to the advice and consent of the Senate, any
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suitably qualified person who at any time in the preceding ten (10)
years would have been qualified, as above, and who has served at
least two (2) years in active federal service in the grade of
Colonel or higher pursuant to the requir ements of subsection B o f
this section.
SECTION 4. AMENDATORY 44 O.S. 2021, Section 25, is
amended to read as follows:
Section 25. A. The Adjutant General shall have the rank of
Major General and devote full time to the duties of the office.
Regardless of whether or not the Adjutant General has been
recognized federally at the rank of Major General at the time of
appointment by the Governor, the Adjutant General shall be
compensated at the same rate of pay and allowances afforded to a
Major General serving on federal Title 10 active duty with the same
time in grade.
B. The Governor may appoi nt Assistant Adjutants General for
Army and Assistant Adjutants General for Air to assist the Adjutant
General in the discharge and performance of his or her duties . When
appointing Assistant Adjutants General, the Governor shall take into
consideration the number of such positions contemplated or
recommended by the National Guard Bureau for manning the joint
forces headquarters of a state. Such Assistant Adjutants General
shall have the qualifications prescribed by law for the Adjutant
General and shall have the rank of Brigadier General. The Assistant
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Adjutants General appointed by the Governor shall be considered
staff officers and not commanders except that, in the discretion of
the Adjutant General, specific command or supervisory authority may
be delegated by the Adjutant General to an Assistant Adjutant
General but such delegation shall be accomplished in writing and
shall be considered a military publication , as defined in Section
801 of this title (Article 1).
C. Other general officers assigned t o billets within the state
military forces, including certain billets within the joint forces
headquarters, shall be considered staff officers and not commanders
except that, in the discretion of the Adjutant General, specific
command or supervisory author ity may be delegated by the Adjutant
General to such general officers, but such delegation shall be
accomplished in writing and shall be considered a military
publication, as defined in Section 801 of this title (Article 1).
D. The Adjutant General may emp loy a state employee in the
position of Executive Assistant and Programs Manager for the
Military Department of the state. Said position shall be
unclassified and exempt from the Oklahoma Personnel Act and the
Merit Rules for Employment, except leave regu lations.
SECTION 5. AMENDATORY 44 O.S. 2021 , Section 26, is
amended to read as follows:
Section 26. A. The Adjutant General shall be in control of the
Military Department of the State of Oklahoma, subordinate only to
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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 wh en under state control
in all of its organization, training and other activities; shall
receive and give effect to the o rders of the Governor; and shall
perform such other military and de fense duties, not otherwise
assigned by law, as the Governor may pres cribe.
B. The Adjutant General, when absent from the state, may
temporarily delegate any authority vested under this ti tle and any
such duties as an agency appoi nting authority to an Ass istant
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 promulga te
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 betwee n the
Adjutant General and the major comma nds of the Oklahoma Natio nal
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 Oklaho ma National
Guard as major commands.
D. The organizational chart r equired in subsection C of this
section shall be updated no less than annually and shall include all
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enlisted and officer billets assigned to joint forces headquarters
and shall depict all existing command relationships established by
the Adjutant General within joint forces headquarters. The
organizational chart required herein shall not be considered a
military publication within the meaning of Section 801 of this title
(Article 1).
E. In accordance with all relevant requirement s of the United
States Army, the United States Air Force or the National Guard
Bureau, the Adjutant General shall develop, publish and maintain an
enlisted and officer rating scheme for all enlisted and officer
billets assigned to joint forces headquarters . The rating scheme
required herein shall not be considered a military publication
within the meaning of Section 801 of this title (Article 1).
F. Pursuant to the rules established by the Adjutant General,
the Military Department of the State of Oklahoma is authorized to
expend appropriated and nonappropriated funds to enhance recruiting
and retention efforts for the Oklahoma National Guard.
G. The Adjutant General may establish rules allowing the
Military Department of the State of Oklahoma to accept donations and
bequests to create a scholarship program for the benefit of members
of the Oklahoma National Guard. The Adjutant General may delegate
oversight of scholarship program funds to a nonprofit public charity
for the purpose of creating and administering an endowment fund for
the scholarship program.
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SECTION 6. 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 duties of his or her
office, shall take an d subscribe to the following 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 Constitution of the
State of Oklahoma agai nst 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 S tate
of Oklahoma upon which I am about to enter, so help me God."
SECTION 7. 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 wi th 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 t he
Governor on account of disability; on account o f sentence of
imprisonment by a civil co urt whether suspended or not; on account
of a bona fide permanent change of residence to a nother state; and
for the purpose of enlisting in regular Army, Air Force, N avy, or
Marine Corps, and for such other causes as may be prescribed 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 honorable
discharge.
SECTION 8. AMENDATORY 44 O.S. 2021, Section 49, is
amended to read as fo llows:
Section 49. All matters relating to organization, commissioning
and discharging of officers, enlisting and discharge o f 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 G uard regulations.
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 the Secretary of
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Defense may prescribe for discipline in training, is hereby
authorized to enlist, orga nize, maintain, equip and discipline such
military forces other than the Nat ional Guard as he or she ma y deem
necessary to defend the state. Such forces shall 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 thi s title.
SECTION 10. AMENDATORY 44 O.S. 2021, Section 243, is
amended to read as f ollows:
Section 243. A. The Governor is here by authorized to prescribe
rules and regulations governing the enlistment, o rganization,
administration, equipment, discipline and discharge of the personnel
of such military forces; to requisition from the Sec retary of
Defense such arms and equipment as m ay be in the possession of and
can be spared by the Department of Defense an d to extend thereto the
facilities of state armories, Armed Forces Reserve Centers,
readiness centers, logistics, aviation, and traini ng facilities,
warehouses and their equipment and such other state premises and
property as may be available for the purpo se of drill and
instruction. Insofar as applicable the procedure for the
enlistment, organization, pay, maintenance, equipment and
disciplining of such forces shall be in conformi ty with the law and
the rules and regulations governing and pertaining to th e National
Guard; provided, that the officers Officers and enlisted personnel
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in the Oklahoma State Guard shall not receive any compen sation or
monetary allowances from the state e xcept when activated 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 shall be considered part
of state military forces as define d in Section 801 of this title and
shall be subject to the Oklahoma 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 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 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:
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 T itle
10 of the United States Code, or any other federal official convene
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a court-martial proceeding pursuant to the Oklahoma Military Code
unless prior consent has been granted by the Governor. Such
consent, if granted by the Governor, shall be accomplished in
writing and shall be published by the Governor.
SECTION 12. AMENDATORY 4 4 O.S. 2021, Section 875, is
amended to read as follows:
Section 875. ARTICLE 75. Restoration.
A. Under such regulations as the Adjutant General may
promulgate, all rights, privileges, and property affected by an
executed part of a court-martial sentence which has been set aside
or disapproved, except an executed dismissal or discharge, shall be
restored unless a new trial or rehearing is ordered and su ch
executed part is included in a sentence imposed upon the new trial
or rehearing.
B. If a previously executed sentence of dishonorable or bad-
conduct discharge is not imposed on a new trial, the Adjutant
General shall substitute therefor a form of disch arge authorized for
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 Adjut ant General shall substitute
therefor a form of discharge authorized for administrative issue,
and the commissioned officer dismissed by that sentenc e may be
reappointed pursuant to Sections 875 and 12203 of Title 10 of the
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United States Code and any appli cable regulations prescribed
thereunder by the President of the United States or the Secretary
concerned solely by the Governor to such commissioned grade and with
such rank as in the opinion of the Governor that former officer
would have attained had he or she not been dismissed. The
reappointment of such a former officer shall be without regard to
the existence of a vacanc y and shall affect the prom otion status of
other officers only insofar as the Governor may direct. All time
between the dismissal and the reappointment shall be considered as
actual service for all purposes, including the right to pay and
allowances.
D. The Governor or Adjutant Ge neral shall prescribe
regulations, with such limitations as the Governor or Adjutant
General considers appropriate, governing eligibility for pay and
allowances for the period after the date on which an executed part
of a court-martial sentence is set asid e.
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 the Oklahoma Uniform Code of Military
Justice who, with intent to defraud:
1. Falsely makes or alters any signature to, or any part of,
any writing which would, if genuine, apparentl y impose a legal
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liability on another or change hi s 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, 2023.
59-1-5090 EK 01/17/23