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SENATE FLOOR VERSION
April 3, 2024
AS AMENDED
ENGROSSED HOUSE
BILL NO. 3712 By: Kannady of the House
and
Gollihare and Green of the
Senate
[ militia - personnel - eligibility criteria -
Adjutant General - oath of office - compensation –
discharge procedures - regulations - fund -
expenditure - payments - reduction - court-martial
proceedings - reappointment procedures - forgery -
punishment - codification - 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 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 thereof. 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 headquarters shall be jointly
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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, sh all support and assist the Adjutant General
in the exercise of command and control over state military forces
when not activated for federal duty under Title 10 of the United
States Code. There shall be assigned to the joint force forces
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 of
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 Un ited States Constitution . 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 Chief , subject to
the laws of the United States and regulations prescribed by the
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President of the United States . No armed military force from
another state or territory shall be permitted to enter the 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 organiz ation, except as
a corps of cadets at the educational institutions, shal l be
permitted to bear arms without first securing 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 appointed by th e
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 of Adjutant General of
this state, at the time of appointment the appointee:
1. Shall be a federally recog nized 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 Oklahoma 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 pursua nt to federal law and applicable
regulations issued by the Chief of the National Guard Bureau.
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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 an d consent of the Senate, any
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 requirements of subsection B of
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 Adju tant General shall be
compensated at the same rate of pay afforded to a Major General
serving on federal Title 10 active duty with the same time in
service. Upon retirement, the Adjutant General shall receive the
same retirement pay as a Major General serving on federal Title 10
active duty with the same time in service until federal benefits for
retirement become available.
B. The Governor may appoint Assistant Adjutants General for
Army and Assistant Adjutants General for Air to assist the Adjutant
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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
Adjutants General appointed by the Governor shall be con sidered
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 to 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 authority 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 defi ned in Section 801 of this title (Article 1).
D. The Adjutant General may employ a state employee in the
position of Executive Assistant and Programs Manager for the
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Military Department of the state. Said position shall be
unclassified and exempt from th e Oklahoma Personnel Act and the
Merit Rules for Employment, except leave regulations.
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
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 s ecurity of
the facilities and their occupants.
B. The Adjutant General, when absent from the state, may
temporarily delegate any authority vested under this title and any
such duties as an agency appointing authority to an Assistant
Adjutant General, othe r state officer or employee within the
Military Department of the State of Oklahoma. Such temporary
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delegations of authority pursuant to this subsection shall be
accomplished in writi ng. 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 th is
section shall be updated no less than annually and shall include all
enlisted and officer billets assigned to joint forces headquarters
and shall depict all existing command relationships established by
the Adjutant General within joint forces headquart ers. 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 re levant requirements of the United
States Army, the United States Air For ce 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
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required herein shall not be cons idered 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 nonappropria ted 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 f or 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 cre ating and administering an endowment fund for
the scholarship program.
H. The Adjutant General shall serve as the chief of all fire
protection units operating under the Oklahoma Military Department
and shall supervise and administer the fire protection units in
accordance with the rules and procedures prescribed by the Milita ry
Department.
I. The Adjutant General shall serve as the chief of all police
units and officers appointed under the Oklahoma Military Department.
The Adjutant General may appoint po lice officers in accordance with
Section 230 of this title.
SECTION 6. AMENDATORY 44 O.S. 2021, Section 27, is
amended to read as follows:
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Section 27. The Adjutant General and Assistant Adjutants
General shall be paid a sum equivalent to the pay of his/her his or
her federally recognized rank, exclus ive of allowances. Other
officers and enlisted men and women and employees of the Department
shall be paid in amounts fixed by the Adjutant General and within
amounts appropriated for that purpose, according to the policies and
regulations prescribed by t he Adjutant General. Military Department
personnel matters shall be preempted and governed by federal law and
managed by the Adjutant General .
SECTION 7. 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 and subscribe to the following oath , or such
other oath as may be required by National Guard Regulations :
"I .........., do solemnly swear that I will support and defend
the Constitution of the United States and the Constitution 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 duties of the office
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of ......., in the National Guard of the United States and the State
of Oklahoma upon which I am about to enter, so help me God."
SECTION 8. 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:
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 court whether suspended or not; o n account
of a bona fide permanent change of residence to another state; and
for the purpose of enlisting in regular Army, Air Force, Navy, or
Marine Corps, and for such other causes a s 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 9. AMENDATORY 44 O.S. 2021, Section 49, is
amended to read as follows:
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Section 49. All matters relating to organization, commissioning
and discharging of officers, enlisting and discharge of enlisted men
personnel, discipline, and government of the Oklahoma 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
regulations.
SECTION 10. AMENDATORY Section 1, Chapter 74, O.S.L.
2022 (44 O.S. Supp. 2022, Section 233.10a), is amended to read as
follows:
Section 233.10a The Military Department of the State of
Oklahoma may purchase information technology including, but not
limited to, computer hardware or software, or any services related
to software development, software modifications, or any other
services related to the operation and maintenance of computer
hardware or software or both , independently and without prior
approval from the Office of M anagement and Enterprise Services
Information Services Division . All federal programs managed by the
Military Department of the State of Oklahoma shall be exempt from
any and all Information Services Division requirements .
SECTION 11. 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 the United States Code or a
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successor provision, and under such regulations as the 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 Oklahoma National Guard as he or she
may deem necessary to defend the state. Su ch 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 Sections 241 through 250 of this
title.
SECTION 12. 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 enlistmen t, 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 Department of Defense and to extend thereto the
facilities of state armories, Armed Forces R eserve 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 p urpose of drill and
instruction. Insofar as applicable the procedure fo r the
enlistment, organization, pay, maintenance, equipment and
disciplining of such forces shall be in conformity with the law and
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the rules and regulations governing and pertaining to the National
Guard; provided, that the officers and enlisted personnel in the
Oklahoma State Guard shall not receive any compensation or monetary
allowances from the state except when activated for state active
duty, as defined in Section 801 of this tit le, by order of the
Governor.
B. Members of the Oklahoma State 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. When prescribing the rules and regulations governing
enlistment, organization, admin istration, equipment, discipline and
discharge of the personnel of the Oklahoma State 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
National Guard shall also be published by the Adjutant General as a
military publication.
SECTION 13. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 271 of Title 44, unless there is
created a duplication in nu mbering, reads as follows:
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There is hereby created in the State Treasury a revolving fund
for the Oklahoma Military Department to be designated the "Oklahoma
National Guard Supplemental Retirement Pay Revolving Fund". The
fund shall be a continuing fund, not subject to fiscal year
limitations, and shall consist of all monies received by the
Oklahoma Military Department from funds provided by law. All monies
accruing to the credit of said fund are hereby appropriated and may
be budgeted and expended by the Oklahoma Military Department for the
purpose of implementing the provis ions of Section 3 of this act.
Expenditures from said fund shall be made upon warrants issued by
the State Treasurer against claims filed as prescribed by law with
the Director of the Office of Management and Enterprise Services for
approval and payment.
SECTION 14. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 272 of Title 44, unless there is
created a duplication in numbering, reads as follows:
A. The provisions of this section shall not be operat ive and no
payments shall be made from the Oklahoma National Guard Supplemental
Retirement Pay Revolving Fund until November 1, 2026.
B. The provisions of this section shall only be applicable to a
member of the Oklahoma National Guard who has accrued eno ugh service
credit prior to the effective date of this act in order to retire
from the system maintained by the Defense Finance Accounting
Service, or its successor in interest, for th e benefit of members of
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state National Guards, but who has not attained the required age
prior to the effective date of this act in order to be paid the full
amount of such benefit. No member of the 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 and who 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.
D. The amount of the payment shall be determined as follows:
1. Determine the average basic pay for the member using the
same formula to compute average basic pay for purposes of the active
duty military retirement system based on the member's total years of
service;
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;
3. Multiply the result of the computation in paragraph 1 and,
if applicable, paragraph 2 of this subsection by fifty percent
(50%);
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4. The resulting amount shall be paid to the National Guard
member in twelve 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 act
shall be payable to a survivor other than amounts paid to a member
prior to member's death which are payable to another person pursuant
to the provisions of a joint tenancy bank account with a right of
survivorship naming a person or persons as beneficiary, a bank
account with a transfer on death or payable on death feature, an
express trust, including but not limited to a trust created by the
payee member during his or her lifetime, a will or the statute of
intestate succession for distribution of the assets of a person who
does not otherwise provide for the disposition of their assets after
death.
F. The payment otherwise authorized pursuant to the provisions
of this act may only be made to a person who has become e ligible to
receive retirement benefits from the retirement system under the
supervision of the Defense Finance Accounting Finance Service, or
its successor in interest, as of the date the first payment pursuant
to this act is authorized.
G. The payments authorized by this section shall be paid to the
eligible member until the member begins to receive federal
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retirement benefits from the Defense Finance Account Services, or
its successor 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 is not
sufficient, the payments to the eligible members shall be prorated
by dividing the total number of eligible members by t he total amount
of available funds. The resulting quotient shall be multiplied by
the payment amount otherwise due to the eligible member and the
result of that computation shall be the reduced dollar amount paid
to each member for the applicable period. For any period of time
during which payments are prorated pursuant to this subsection, the
next increment of available funds shall be used to make payments to
the eligible members who se payment amounts were prorated to
compensate for the reduction made in the prior payment period.
SECTION 15. AMENDATORY 44 O.S. 2021, 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 sectio n, any
commanding officer and, for purposes of this section, any officer in
charge, may impose disciplinary punishments for minor offenses
arising under the punitive articles of the Ok lahoma Uniform Code of
Military Justice without the intervention of a co urt-martial.
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B. Any superior commander 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 ma y 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 s ubsection L of this section, the
Governor or Adjutant General may delega te the powers established
under this section to a senior officer who is a member of the state
military forces and is also a member of the same force component as
the accused.
D. Any 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 co nsecutive;
4. The forfeiture of pay of not more than seven (7) days' pa y;
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
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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) da ys, which
need not be consecutive.
E. Any 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;
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) mo nths;
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 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
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8. Restriction to certain specified limits, with or without
suspension from duty, for not more than sixty (60) days which need
not be consecutive.
F. The Governor, the Adjutant General, or an officer exercising
general or special court -martial convening authority may impose:
1. Upon officers of the officer's command:
a. any punishment authorized in subsection E of this
section, except for the punishments provided in
paragraphs 6 and 7 of subsection E of this section,
and
b. arrest in quarters for not more tha n 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, unle ss 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
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that no single punishment in the combination exceeds its authorized
length under this section.
H. Once the commander has determined that nonjudicial
punishment is appropriate, the commander shall provide reasonable
notice to the member of his or her intent to impose nonjudicial
punishment. At the time the commander provides notification as
required in this subsect ion, the member shall be entitled to examine
all statements and other evidence that the commander has examined
and intends to rely upon as the basis for punishment. The member
shall be provided a copy of the documentary evidence unless it is
privileged, classified, or otherwise restricted by law, regulation,
or instruction. At the time the commander provides notification as
required in this subsection, the commander 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.
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 no njudicial
punishment the accused shall be notified in writing of the right to
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demand trial by court -martial. Should the commanding officer
determine that the punishment options will not include arrest in
quarters or restriction, the accused shall be notif ied that there is
no right to trial by court -martial in lieu of nonjudicial
punishment. Upon notification by the commander or officer in charge
of his or her intent to impose nonjudic ial punishment that includes
arrest in quarters or restriction, the accu sed shall be afforded a
reasonable amount of time to confer with legal counsel and to
prepare a response.
J. The 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 amou nt of the punishment and restore all
rights, privileges and property affected. The officer may also
mitigate:
1. Reduction in grade to forfeiture of pay;
2. Arrest in quarters to re striction; 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 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
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his or her chain of command, appeal to a senior officer designated
by the Adjutant Gene ral 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 accused. The officer exercising
appellate authority may, at his or her discretion, extend the
deadline for an appeal. The appeal shall be promptly forwarded and
decided, and the member shall not be punished until the appeal is
decided. The senior officer designated by the Adjutant General as
exercising appellate authority may exercise the same powers with
respect to the punishment imposed as may be exercised under
subsection I of this section by the officer who imposed the
punishment. Before acting on an appeal from 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
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General. A person punished under this section whose appeal was
previously denied by a senior officer designated to adjudicate
appeals may, through his or her chain of command, lodge an
additional appeal with the Adjutant General within five (5) days
after the appeal is denied. In the event the officer imposing
nonjudicial punishment is a senior officer who is also designated to
adjudicate appeals arising from nonjudicial punishment, an appeal
thereof shall be addressed directly to the Adjutant General. In the
event the officer imposing nonjudicial punishment is the Adjutant
General, an appeal thereof shall be addressed directly to the
Governor. An appeal offered pursuant to this subsection shall be
made only in writing. Neither the Governor nor the Adjutant General
shall delegate his or her duties as an appellate authority under
this subsection.
M. Whenever nonjudicial punishment is imposed under this
section:
1. After adjudication and while the punishment is being carried
out or while the adjudged punishme nt is pending before the appellate
authority, the commander or officer i n charge who imposed the
nonjudicial punishment, upon the request of the accused, may:
a. excuse the accused from attendance at scheduled unit
training assemblies, or
b. arrange for the accused to drill on alternate dates
and in alternate locations; or
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2. If necessary to maintain good order and discipline within
the unit, the commander or officer in charge who imposed the
nonjudicial punishment may order the accused to drill on alterna te
dates and in alternate locations. The order shall be reduced to
writing and shall become part of the record of nonjudicial
punishment.
N. The imposition and enforcement of disciplinary punishment
under this section for any act or omission shall not be a bar to
trial by court-martial or a civilian court of competent jurisd iction
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 accused 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 commander or
officer in charge determines that nonjudicial punishment is
appropriate for a particular member, all known offenses determined
to be appropriate for disposition by nonjudicial punishment and
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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 commander to
prefer court-martial charges for an offense previousl y punished
under the provisions of this section.
P. In accordance with subsection B of Section 843 of this title
(Article 43, subsection B), a person accused of an offense is not
liable to be punished under this section if the offense was
committed more than two (2) years before the imposition of
punishment. Periods in which the accused 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 u nder
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
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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 reductio n in rank as a
possible punishment.
SECTION 16. 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 mi litary 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 gra nted by the Governor. Such
consent, if granted by the Governor, shall be accomplished in
writing and shall be published by the Governor.
SECTION 17. AMENDATORY 44 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
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executed part of a court -martial sentence which has been set aside
or disapproved, except an executed dismiss al 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 sentence of dishonorable or bad -
conduct discharge is not im posed on a new trial, the Adjutant
General shall substitute therefor a form of discharge authorized for
administrative issuance unless the accused is to serve out 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 authorized for administrative issue,
and the commissioned officer dismissed by that sentence may be
reappointed pursuant to Sections 875 and 12203 of Title 10 o f 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 commission ed grade and with
such rank as in the opinion of the Governor that forme r 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 vacancy and shall affect the promotion status of
other officers only insofar as the Governor may direc t. All time
between the dismissal and the reappointment shall be considered as
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actual service for all purposes, including the right to pay and
allowances.
D. The Governor or Adjutant General shall prescribe
regulations, with such limitations as the Gover nor 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 .
SECTION 18. AMENDATORY 44 O.S. 2021, Sect ion 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, apparently impose a legal
liability on another or change his or her legal right or liability
to his or her prejudice; or
2. Utters, offers, issues, or transfers such a writing, known
by him or her to be so made or altered, is gu ilty of forgery and
shall be punished as a court -martial may direct.
SECTION 19. AMENDATORY 44 O.S. 2021, Section 912A, is
amended to read as follows:
Section 912A. ARTICLE 112A. Wrongful use, possession, etc., of
controlled substances.
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A. Any person subject to the Oklahoma Uniform Code of Military
Justice who wrongfully uses, possesses, manufactures, distributes,
imports into the customs territory of the United States, exports
from the United States, or introduces into an installa tion, vessel,
vehicle, or aircraft used by or under the control of the Armed
Forces of the United States or of the state military forces a
substance described in subsection B of this s ection shall be
punished as a court-martial may direct.
B. The substances referred to in subsection A of this section
are the following:
1. Opium, heroin, cocaine, amphetamine, lysergic acid
diethylamide, methamphetamine, phencyclidine, barbituric acid, and
marijuana and any compound or derivative of any such substance;
2. Any substance not specified in paragraph 1 of this
subsection that is listed on a schedule of controlled substances
prescribed by the President for the purposes of the Uniform Code of
Military Justice, Title 10 of the United States Code, Section 801,
et seq.; and
3. Any other substance not specified in paragraph 1 of this
subsection or contained on a list prescribed by the President under
paragraph 2 of this subsection that is listed in schedules I through
V of article 202 of the Controlled Substances Act, Title 21 of the
United States Code, Section 812.
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C. It shall be unlawful for any member of the state military
forces to knowingly use or ingest marijuana or any substances or
products derived from marijuana including, but not limited to, hemp,
tetrahydrocannabinol, and cannabidiol.
SECTION 20. AMENDATORY 44 O.S. 2021, Section 928B, is
amended to read as follows:
Section 928B. RESERVED. Any person subject to the Oklahoma
Uniform Code of Military Justice who:
1. Commits a violent of fense against a spouse, an intimate
partner, or an immediate family member of that person;
2. With intent to threaten or intimidate a spouse, an intimate
partner, or an immediate fami ly member of that person, commits an
offense under this chapter against any person or property, including
an animal;
3. With intent to threaten or intimidate a spouse, an intimate
partner, or an immediate family member of that person, violates a
protection order;
4. With intent to commit a violent offense against a spouse, a n
intimate partner, or an immediate family member of that person,
violates a protection order; or
5. Assaults a spouse, an intimate partner, or an immediate
family member of that pers on by strangling or suffocating,
shall be punished as a court -martial may direct.
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SECTION 21. AMENDATORY 44 O.S. 2021, Section 934, is
amended to read as follows:
Section 934. ARTICLE 134. General article.
Though not specifically mentioned in the Oklahoma Uniform Code
of Military Justice, all disorders and neglects to the prejudice of
good order and discipline in the state military forces, all conduct
of a nature to bring discredit upon the state military forces, and
crimes and offenses not capital, of which persons subject to the
Code may be guilty, sh all be taken cognizance of by a general,
special, or summary court -martial, according to the nature and
degree of the offense, and shall be punished at the discretion of
that court. However, where a crime constitutes an offense that
violates both the Code and the criminal laws of the State of
Oklahoma, jurisdiction over the offense shall be determined in
accordance with Section 802 of this title (Article 2). This section
shall encompass all specifically enumerated offenses included in
Section 934 of Title 10 of the United States Code, including all
amendments thereto adopted from time to time, except when such
provisions are contrary to or inconsistent with the Code.
SECTION 22. AMENDATORY 44 O.S. 2021, Section 937, is
amended to read as follows:
Section 937. ARTICLE 137. Articles to be explained.
A. 1. The sections of the Oklahoma Uniform Code of Military
Justice specified in paragraph 3 of this subsection shall be
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carefully explained, either orally or in writing, to each offic er
and enlisted member at the time of, or within one hundred twenty
(120) days after, the officer's or enlisted member's initial
entrance into a duty status with the state military forces.
2. Such articles shall be explained again:
a. after the enlisted m ember has completed basic or
recruit training, and
b. at the time when the enlisted member reenlists within
ninety (90) days of each re -enlistment.
3. This subsection applies with res pect to Sections 802, 803,
807-815, 825, 827, 831, 837, 838, 855, 877 -934, and 937-939 of this
title (Articles 2, 3, 7 -15, 25, 27, 31, 37, 38, 55, 77 -134, and 137-
139).
B. The text of the Code and of the regulations prescribed
pursuant to the Code shall be made available to an officer or
enlisted member of the state military forces, upon request, for the
officer's or enlisted member's personal examination. Electronic or
online availability of the Code and of the regulations prescribed
pursuant to the Code shall constitute availability for purposes of
personal examination by o fficers or enlisted members of the state
military forces.
SECTION 23. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 940C of Title 44, unless there
is created a duplication in numbering, reads as foll ows:
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ARTICLE 140C. Manual for Courts -Martial.
Manual for Courts-Martial, United States, including all
amendments thereto adopted from time to time, except when such rules
are contrary to or inconsistent with the Oklahoma Uniform Code of
Military Justice, shall be adopted as the Oklahoma State Manual for
Courts-Martial.
SECTION 24. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 238 of Title 44, unless there is
created a duplication in numbering, reads as follows:
The co-located readiness and joint operating center facilities
constructed by the Military Department or on behalf of the Military
Department shall be named the "Benjamin T. Walkingstick National
Guard Complex".
SECTION 25. This act shall become effective November 1, 2024.
COMMITTEE REPORT BY: COMMITTEE ON VETERANS AND MILITARY AFFAIRS
April 3, 2024 - DO PASS AS AMENDED