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Oklahoma House Bill HB3712

Oklahoma 2024 Regular Session

Oklahoma House Bill HB3712 Compare Versions

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29-SENATE FLOOR VERSION
30-April 3, 2024
31-AS AMENDED
32-
3328 ENGROSSED HOUSE
3429 BILL NO. 3712 By: Kannady of the House
3530
3631 and
3732
38- Gollihare and Green of the
39-Senate
33+ Gollihare of the Senate
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38+An Act relating to militia; amending 44 O.S. 2021,
39+Sections 21, 23, 24, 25, 26, 27, 45, 48, 49, Section
40+1, Chapter 74, O.S.L. 2022, 241, and 243 (44 O.S.
41+Supp. 2022, Section 233.10a ), which relate to the
42+Oklahoma Military Code ; clarifying personnel to staff
43+joint forces headquarters; providing for Adjutant
44+General to assign necessary persons to headquarters;
45+clarifying personnel in state military forces;
46+providing gender-neutral language; modifying
47+eligibility criteria for Adjutant General;
48+authorizing Governor to waive certain eligibility
49+requirements; directing certain comparable rate of
50+compensation for Adjutant General; clarifying
51+retirement pay for Adjutant Ge neral; modifying
52+authority of Adjutant General; authorizing Adjutant
53+General to establish rules allowing the Oklahoma
54+Military Department to accept donations to create a
55+certain scholarship program; permitting delegation of
56+oversight to a nonprofit public charity; appointing
57+the Adjutant General as the chief of fire and police
58+units operating under the Military Dep artment;
59+providing gender-neutral language; modifying oath of
60+office for Oklahoma National Guard officers; updating
61+language; directing Adjutant General to prescribe
62+policies and regulations for personnel compensation;
63+preempting Military Departme nt personnel matters;
64+clarifying personnel discharge procedures by the
65+Governor as Commander in Chief; authorizing certain
66+personnel matters to be decided according to customs
67+and state and federal regulations; permitting
68+Military Department to purchase information
69+technology; exempting certain federal prog rams from
70+Information Services Division requirements; removing
71+reference to certain regulations prescribed by the
72+Secretary of Defense; striking requirement that
73+personnel procedures be in conformity with certain
74+laws, rules, and regulations; removing language
4475
45-[ militia - personnel - eligibility criteria -
46-Adjutant General - oath of office - compensation –
47-discharge procedures - regulations - fund -
48-expenditure - payments - reduction - court-martial
49-proceedings - reappointment procedures - forgery -
50-punishment - codification - effective date ]
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55-BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
56-SECTION 1. AMENDATORY 44 O.S. 2021, Section 21, is
57-amended to read as follows:
58-Section 21. The Military Department of the State of Oklahoma is
59-hereby established and shall be under the command and control of the
60-Governor as Commander in Chief , with the Adjutant General as the
61-executive and administrative head thereof. The Military Department
62-shall be constituted of the state military forces, as defined by
63-Section 801 of this title, and is hereby organized into a joint
64-headquarters which shall be identified as the joint forces
65-headquarters. The joint forces headquarters shall be jointly
66-
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93-staffed by Army National Guard and Air National Guard personnel of
94-the state military forces who, under the authority and direction of
95-the Adjutant General, sh all support and assist the Adjutant General
96-in the exercise of command and control over state military forces
97-when not activated for federal duty under Title 10 of the United
98-States Code. There shall be assigned to the joint force forces
99-headquarters, officers, enlisted personnel , and civilian employees
100-as may be considered necessary by the Governor as Commander in Chief
101-and as may be authorized by law and Army National Guard regulations
102-and Air National Guard regulations the Adjutant General .
103-SECTION 2. AMENDATORY 44 O.S. 2021, Section 23, is
101+prohibiting certain National Guard monetary
102+allowances and compensation; creating the Oklahoma
103+National Guard Supplemental Retirement Pay Revolving
104+Fund; stating purposes of fund; providing for
105+authorized revenue sources; providing procedures for
106+expenditure; prohibiting payments prior to certain
107+date; providing for certain pay ment to members of
108+Oklahoma National Guard; excluding payment to persons
109+retired from full-time military service; prohibiting
110+payment to survivors or beneficiaries; providing for
111+disposition of amounts paid prior to death; providing
112+eligibility for supplemental payments; providing for
113+pro rata reduction in payment amounts; providing for
114+use of subsequently acquired funds to compensate for
115+reduced payment amounts; amending 44 O.S. 2021,
116+Sections 815, 821, 875, 905, 912A, 928B, 934, and
117+937, which relate to the Oklahoma Uniform Code of
118+Military Justice; providing exception for reduction
119+in rank of certain members; authorizing reduction as
120+possible nonjudicial p unishment; prohibiting federal
121+officials from convening certain court-martial
122+proceedings without prior consent of the Governor;
123+requiring consent to be in writing and published by
124+Governor; authorizing Governor to reappoint certain
125+dismissed officers; providing for reappointmen t
126+procedures; directing Governor or Adjutant General to
127+prescribe certain regulations; prohibiting act of
128+forgery; prescribing punishment for forgery;
129+prohibiting use or ingestion of certain substances;
130+prescribing punishment for certain violent offenses
131+or threats; including certain specifically enumerated
132+offenses; modifying timing for explanation of Code;
133+providing for adoption of Manual for Courts-Martial;
134+providing for codification; and providing an
135+effective date.
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141+BE IT ENACTED BY THE PEOPL E OF THE STATE OF OKLAHOMA:
142+SECTION 1. AMENDATORY 44 O.S. 2021, Section 21, is
104143 amended to read as follows:
105-Section 23. The Governor of the state shall be the Commander in
106-Chief of the Militia , and, as such, shall have supreme command of
107-the military forces of the state while in the service of the state
108-or until they are ordered and accepted into the actual service of
109-the United States within the meaning of Clauses 15 and 16 of Section
110-8 of Article I of the United States Constitution and Section 2 of
111-Article II of the Un ited States Constitution . While in the service
112-of the state State of Oklahoma, he the Governor shall have power to
113-muster out any organization of the state military forces, discharge
114-enlisted men personnel, as provided herein, and perform such other
115-acts in keeping with the laws of the Commander in Chief , subject to
116-the laws of the United States and regulations prescribed by the
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144-President of the United States . No armed military force from
145-another state or territory shall be permitted to enter the state
146-without his permission of the Governor, unless such military force
147-be a part of the United States, or is acting under the authority of
148-the United States. No independent military organiz ation, except as
149-a corps of cadets at the educational institutions, shal l be
150-permitted to bear arms without first securing permission of the
151-Commander in Chief.
152-SECTION 3. AMENDATORY 44 O.S. 2021, Section 24, is
170+Section 21. The Military Department of the State of Oklahoma is
171+hereby established and shall be under the command and cont rol of the
172+Governor as Commander in Chief, with the Adjutant Genera l as the
173+executive and administrative head thereof. The Military Department
174+shall be constituted of the state military forces, as defined by
175+Section 801 of this title, and is hereby organi zed into a joint
176+headquarters which shall be identified as the join t forces
177+headquarters. The joint forces headquarters shall be jointly
178+staffed by Army National Guard and Air National Guard personnel of
179+the state military forces who, under the authority and direction of
180+the Adjutant General, shall support and assist the Adjutant General
181+in the exercise of command and control over state military forces
182+when not activated for federal duty under Title 10 of the United
183+States Code. There shall be assigned to the joint force forces
184+headquarters, officers, enlisted personnel , and civilian employees
185+as may be considered necessary by the Governor as Commander in Chief
186+and as may be authorized by law and Army National Guard regulations
187+and Air National Guard regul ations the Adjutant General.
188+SECTION 2. AMENDATORY 44 O.S. 2021, Section 23, is
153189 amended to read as follows:
154-Section 24. A. The Adjutant General shall be appointed by th e
155-Governor, by and with the advice and consent of the Senate, and
156-shall serve at the pleasure of the Governor.
157-B. To be eligible to hold the office of Adjutant General of
158-this state, at the time of appointment the appointee:
159-1. Shall be a federally recog nized and currently serving
160-officer of the Oklahoma National Guard and of the National Guard of
161-the United States for who is not presently retired nor has ever
162-previously retired from the Oklahoma National Guard and with no less
163-than three (3) years of service in the Oklahoma National Guard ;
164-2. Shall possess at least the rank of Colonel; and
165-3. If not already a general officer, shall be eligible for a
166-Certificate of Eligibility pursua nt to federal law and applicable
167-regulations issued by the Chief of the National Guard Bureau.
190+Section 23. The Governor of the state shall be the Commander in
191+Chief of the Militia, and, as such, shall have supreme co mmand of
192+the military forces of the state while in the service of t he state
193+or until they are ordered and accepted into the actual service of
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195-C. If the Oklahoma National Guard is in active federal service
196-and no persons having the qualifications required in subsection B of
197-this section are available within the state, then the Governor may
198-appoint, subject to the advice an d consent of the Senate, any
199-suitably qualified person who at any time in the preceding ten (10)
200-years would have been qualified , as above, and who has served at
201-least two (2) years in active federal service in the grade of
202-Colonel or higher pursuant to the requirements of subsection B of
203-this section.
204-SECTION 4. AMENDATORY 44 O.S. 2021, Section 25, is
220+the United States within the meaning of Clauses 15 and 16 of Section
221+8 of Article I of the United States Constitution and Section 2 of
222+Article II of the United States Constitu tion. While in the service
223+of the state State of Oklahoma, he the Governor shall have power to
224+muster out any organization of the state military forces, discharge
225+enlisted men personnel, as provided herein, and perform such other
226+acts in keeping with the laws o f the Commander in Chief, subject to
227+the laws of the United States and regulations prescribed by the
228+President of the United States. No armed military force from
229+another state or territory shall be permitted to enter the state
230+without his permission of the Governor, unless such military force
231+be a part of the United States, or is acting under the authority of
232+the United States. No independent military organization, except as
233+a corps of cadets at the educational institutions, shall be
234+permitted to bear arm s without first securing permission of the
235+Commander in Chief.
236+SECTION 3. AMENDATORY 44 O.S. 2021, Section 24, is
205237 amended to read as follows:
206-Section 25. A. The Adjutant General shall have the rank of
207-Major General and devote full time to the duties of the office.
208-Regardless of whether or not the Adjutant General has been
209-recognized federally at the rank of Major General at the time of
210-appointment by the Governor, the Adju tant General shall be
211-compensated at the same rate of pay afforded to a Major General
212-serving on federal Title 10 active duty with the same time in
213-service. Upon retirement, the Adjutant General shall receive the
214-same retirement pay as a Major General serving on federal Title 10
215-active duty with the same time in service until federal benefits for
216-retirement become available.
217-B. The Governor may appoint Assistant Adjutants General for
218-Army and Assistant Adjutants General for Air to assist the Adjutant
238+Section 24. A. The Adjutant General shall be appointed by the
239+Governor, by and with th e advice and consent of the Senate, and
240+shall serve at the pleasure of the Governor.
241+B. To be eligible to hold the office of Adjutant General of
242+this state, at the time of appointment the appointee:
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246-General in the discharge and performance of his or her duties. When
247-appointing Assistant Adjutants General, the Governor shall take into
248-consideration the number of such positions contemplated or
249-recommended by the National Guard Bureau for manning the joint
250-forces headquarters of a state. Such Assistant Adjutants General
251-shall have the qualifications prescribed by law for the Adjutant
252-General and shall have the rank of Brigadier General. The Assistant
253-Adjutants General appointed by the Governor shall be con sidered
254-staff officers and not commanders except that, in the discretion of
255-the Adjutant General, specific command or supervisory authority may
256-be delegated by the Adjutant General to an Assistant Adjutant
257-General but such delegation shall be accomplished in writing and
258-shall be considered a military publication, as defined in Section
259-801 of this title (Article 1).
260-C. Other general officers assigned to billets within the state
261-military forces, including certain billets within the joint forces
262-headquarters, shall be considered staff officers and not commanders
263-except that, in the discretion of the Adjutant General, specific
264-command or supervisory authority may be delegated by the Adjutant
265-General to such general officers , but such delegation shall be
266-accomplished in writing and shall be considered a military
267-publication, as defi ned in Section 801 of this title (Article 1).
268-D. The Adjutant General may employ a state employee in the
269-position of Executive Assistant and Programs Manager for the
269+1. Shall be a federally recognized and currently serving
270+officer of the Oklahoma National Guard and of the National Guard of
271+the United States for who is not presently retired nor has ever
272+previously retired from the Oklahoma National Guard and with no less
273+than three (3) years of service in the Oklahoma National Guard;
274+2. Shall possess at least the rank of Colonel; and
275+3. If not already a general officer, shall be eligible for a
276+Certificate of Eligibility pursuant to federal law and applicabl e
277+regulations issued by the Chief of the National Guard Bureau .
278+C. If the Oklahoma National Guard is in active federal service
279+and no persons having the qualifications required in subsection B of
280+this section are available within the state, then the Gover nor may
281+appoint, subject to the advice and consent of the Senat e, any
282+suitably qualified person who at any time in the preceding ten (10)
283+years would have been qualified, as above, and who has served at
284+least two (2) years in active federal service in the grade of
285+Colonel or higher pursuant to the requir ements of subsection B of
286+this section.
287+SECTION 4. AMENDATORY 44 O.S. 2021, Section 25, is
288+amended to read as follows:
289+Section 25. A. The Adjutant General shall have the rank of
290+Major General and devote full time to the duties of the office.
291+Regardless of whether or not the Adjutant General has been
292+recognized federally at the rank of Major General at the time of
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297-Military Department of the state. Said position shall be
298-unclassified and exempt from th e Oklahoma Personnel Act and the
299-Merit Rules for Employment, except leave regulations.
300-SECTION 5. AMENDATORY 44 O.S. 2021, Section 26, is
301-amended to read as follows:
302-Section 26. A. The Adjutant General shall be in control of the
303-Military Department of the State of Oklahoma, subordinate only to
304-the Governor. Within the limitations and under the provisions of
305-law, he or she shall supervise and direct the Oklahoma National
306-Guard within the service of the state and when under state control
307-in all of its organization, training and other activities; shall
308-receive and give effect to the orders of the Governor; and shall
309-perform such other military and defense duties, not otherwise
310-assigned by law, as the Governor may prescribe. The Adjutant
311-General shall have the authority to arm members of the state
312-military forces on military installations and other places under the
313-control of the Military Department with weaponry as the Adjutant
314-General deems necessary to adequately provide for the s ecurity of
315-the facilities and their occupants.
316-B. The Adjutant General, when absent from the state, may
317-temporarily delegate any authority vested under this title and any
318-such duties as an agency appointing authority to an Assistant
319-Adjutant General, othe r state officer or employee within the
320-Military Department of the State of Oklahoma. Such temporary
319+appointment by the Governor, the Adjutant General shall be
320+compensated at the same rate of pay and allowances afforded to a
321+Major General serving on federal Title 10 active duty with the same
322+time in service. Upon retirement, the Adjutant General shall
323+receive the same retirement pay as a Ma jor General serving on
324+federal Title 10 active duty with the same time in service until
325+federal benefits for retirement become avail able.
326+B. The Governor may appoint Assistant Adjutants General for
327+Army and Assistant Adjutants General for Air to assist the Adju tant
328+General in the discharge and performance of his or her duties. When
329+appointing Assistant Adjutants General, the Governor shall take into
330+consideration the number of such positions contemplated or
331+recommended by the National Guard Bureau for manning t he joint
332+forces headquarters of a state. Such Assistant Adjutants General
333+shall have the qualifications prescribed by law for the Adjutant
334+General and shall have the rank of Brigadier General. The Assistant
335+Adjutants General appointed by the Governor sha ll be considered
336+staff officers and not commanders excep t that, in the discretion of
337+the Adjutant General, specific command or supervisory authority may
338+be delegated by the Adjutant General to an Assistant Adjutant
339+General but such delegation shall be acco mplished in writing and
340+shall be considered a military p ublication, as defined in Section
341+801 of this title (Article 1).
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348-delegations of authority pursuant to this subsection shall be
349-accomplished in writi ng. The Adjutant General may also promulgate
350-regulations providing for the delegation of any such authority.
351-C. The Adjutant General shall develop, publish and maintain an
352-organizational chart depicting the chain of command between the
353-Adjutant General and the major commands of the Oklahoma National
354-Guard. Besides the major commands defined in Section 801 of this
355-title (Article 1), the Adjutant General, in his or her discretion,
356-may designate other military units within the Oklahoma National
357-Guard as major commands.
358-D. The organizational chart required in subsection C of th is
359-section shall be updated no less than annually and shall include all
360-enlisted and officer billets assigned to joint forces headquarters
361-and shall depict all existing command relationships established by
362-the Adjutant General within joint forces headquart ers. The
363-organizational chart required herein shall not be considered a
364-military publication within the meaning of Section 801 of this title
365-(Article 1).
366-E. In accordance with all re levant requirements of the United
367-States Army, the United States Air For ce or the National Guard
368-Bureau, the Adjutant General shall develop, publish and maintain an
369-enlisted and officer rating scheme for all enlisted and officer
370-billets assigned to joint forces headquarters. The rating scheme
368+C. Other general officers assigned to billets within the state
369+military forces, including certain billets within the joint forces
370+headquarters, shall be considered staff officers and not com manders
371+except that, in the discretion of the Adjutant General, specific
372+command or supervisory authority may be delegated by the Adjutant
373+General to such general officers, but such delegation shall b e
374+accomplished in writing and shall be considered a mili tary
375+publication, as defined in Section 801 of this title (Article 1).
376+D. The Adjutant General may employ a state employee in the
377+position of Executive Assistant and Programs Manager for the
378+Military Department of the state. Said position shall be
379+unclassified and exempt from the Oklahoma Personnel Act and the
380+Merit Rules for Employment, except leave regulations.
381+SECTION 5. AMENDATORY 44 O.S. 2021, Section 26, is
382+amended to read as follows:
383+Section 26. A. The Adjutant General s hall be in control of the
384+Military Department of the State of Oklahoma, subordinate only to
385+the Governor. Within the limitations and under the provisions of
386+law, he or she shall supervise and direct the Oklahoma National
387+Guard within the service of the st ate and when under state control
388+in all of its organization, training and other activities; shall
389+receive and give effect to the orders of the Governor; and shall
390+perform such other military and de fense duties, not otherwise
391+assigned by law, as the Governo r may prescribe. The Adjutant
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398-required herein shall not be cons idered a military publication
399-within the meaning of Section 801 of this title (Article 1).
400-F. Pursuant to the rules established by the Adjutant General,
401-the Military Department of the State of Oklahoma is authorized to
402-expend appropriated and nonappropria ted funds to enhance recruiting
403-and retention efforts for the Oklahoma National Guard.
404-G. The Adjutant General may establish rules allowing the
405-Military Department of the State of Oklahoma to accept donations and
406-bequests to create a scholarship program f or the benefit of members
407-of the Oklahoma National Guard. The Adjutant General may delegate
408-oversight of scholarship program funds to a nonprofit public charity
409-for the purpose of cre ating and administering an endowment fund for
410-the scholarship program.
411-H. The Adjutant General shall serve as the chief of all fire
412-protection units operating under the Oklahoma Military Department
413-and shall supervise and administer the fire protection units in
414-accordance with the rules and procedures prescribed by the Milita ry
415-Department.
416-I. The Adjutant General shall serve as the chief of all police
417-units and officers appointed under the Oklahoma Military Department.
418-The Adjutant General may appoint po lice officers in accordance with
419-Section 230 of this title.
420-SECTION 6. AMENDATORY 44 O.S. 2021, Section 27, is
421-amended to read as follows:
418+General shall have the authority to arm members of the state
419+military forces on military installations and other places under the
420+control of the Military Department with w eaponry as the Adjutant
421+General deems necessary to adequately provide fo r the security of
422+the facilities and their occupants .
423+B. The Adjutant General, when absent from the state, may
424+temporarily delegate any authority vested under this title and any
425+such duties as an agency appointing authority to an Ass istant
426+Adjutant General, other state officer or em ployee within the
427+Military Department of the State of Oklahoma. Such temporary
428+delegations of authority pursuant t o this subsection shall be
429+accomplished in writi ng. The Adjutant General may also promulga te
430+regulations providing for the delegation of any such authority.
431+C. The Adjutant General shall develop, publish and maintain an
432+organizational chart depicting the chain of command between the
433+Adjutant General and the major commands of the Oklahoma Natio nal
434+Guard. Besides the major commands defined in Section 801 of this
435+title (Article 1), the Adjutant General, in his or her discretion,
436+may designate other military units within the Oklahoma National
437+Guard as major commands.
438+D. The organizational chart r equired in subsection C of this
439+section shall be updated no less than annually and shall include all
440+enlisted and officer billets assigned to joint forces headquarte rs
441+and shall depict all existing command relatio nships established by
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449-Section 27. The Adjutant General and Assistant Adjutants
450-General shall be paid a sum equivalent to the pay of his/her his or
451-her federally recognized rank, exclus ive of allowances. Other
452-officers and enlisted men and women and employees of the Department
453-shall be paid in amounts fixed by the Adjutant General and within
454-amounts appropriated for that purpose, according to the policies and
455-regulations prescribed by t he Adjutant General. Military Department
456-personnel matters shall be preempted and governed by federal law and
457-managed by the Adjutant General .
458-SECTION 7. AMENDATORY 44 O.S. 2021, Section 45, is
459-amended to read as follows:
460-Section 45. Oath for National Guard Officers. Each
461-commissioned officer, before entering upon the duties of his or her
462-office, shall take and subscribe to the following oath , or such
463-other oath as may be required by National Guard Regulations :
464-"I .........., do solemnly swear that I will support and defend
465-the Constitution of the United States and the Constitution of the
466-State of Oklahoma against all enemies, foreign and domestic; that I
467-will bear true faith and allegiance to the same; that I will obey
468-the lawful orders of the President of the United States and the
469-Governor of the State of Oklahoma; that I make this obligation
470-freely, without any mental reservation or purpose of evasion, and
471-that I will well and faithfully discharge the duties of the office
468+the Adjutant General within joint forces headquarters. The
469+organizational chart required herein shall not be considered a
470+military publication within the meaning of Section 801 of this title
471+(Article 1).
472+E. In accordance with all re levant requirements of the United
473+States Army, the United States Air Force or the National Gu ard
474+Bureau, the Adjutant General shall develop, publish and maintain an
475+enlisted and officer rating scheme for all enlisted and officer
476+billets assigned to joint f orces headquarters. The rating scheme
477+required herein shall not be considered a military pub lication
478+within the meaning of Section 801 of this title (Article 1).
479+F. Pursuant to the rules established by the Adjutant General,
480+the Military Department of the State of Oklahoma is authorized to
481+expend appropriated and nonappropriated funds to enhance recruiting
482+and retention efforts for the Oklahoma National Guard.
483+G. The Adjutant General may establish rules allowing the
484+Military Department of the State of Okl ahoma to accept donations and
485+bequests to create a scholarship program for the benefit of members
486+of the Oklahoma National Guard. The Adjutant General may delegate
487+oversight of scholarship program funds to a nonprofit public charity
488+for the purpose of creating and administering an endowment fund for
489+the scholarship program.
490+H. The Adjutant General shall serve as the chief of all fire
491+protection units operating under the Oklahoma Military Department
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499-of ......., in the National Guard of the United States and the State
500-of Oklahoma upon which I am about to enter, so help me God."
501-SECTION 8. AMENDATORY 44 O.S. 2021, Section 48, is
518+and shall supervise and administer the fire protection units in
519+accordance with the rules and procedures prescribed by the Military
520+Department.
521+I. The Adjutant General shall serve as the chief of all police
522+units and officers appointed under the Oklahoma Military Dep artment.
523+The Adjutant General may appoint police officers in accordance with
524+Section 230 of this title.
525+SECTION 6. AMENDATORY 44 O.S. 2021, Section 27, is
502526 amended to read as follows:
503-Section 48. Enlisted men personnel discharged from service in
504-the Oklahoma National Guard of this state shall receive a discharge
505-in writing in such form and with such classification as is or shall
506-be prescribed by National Guard regulations, and in time of peace
507-discharges may be given prior to the expiration of terms of
508-enlistment in the following cases:
509-By sentence of a general court -martial; by direction of the
510-Governor on account of disability; on account of sentence of
511-imprisonment by a civil court whether suspended or not; o n account
512-of a bona fide permanent change of residence to another state; and
513-for the purpose of enlisting in regular Army, Air Force, Navy, or
514-Marine Corps, and for such other causes a s may be prescribed by
515-National Guard regulations or the Governor as Commander in Chief;
516-provided, that an enlisted man person who has not returned or
517-accounted for all of the public property for which he or she is
518-responsible, shall under no circumstances receive an honorable
519-discharge.
520-SECTION 9. AMENDATORY 44 O.S. 2021, Section 49, is
527+Section 27. The Adjutant General and Assistant Adjutants
528+General shall be paid a sum equivale nt to the pay of his/her his or
529+her federally recognized rank, exclusive of allowances. Other
530+officers and enlisted men and women and employees of the Department
531+shall be paid in amounts fixed by the Adjutant General and within
532+amounts appropriated for th at purpose, according to the policies and
533+regulations prescribed by the Ad jutant General. Military Department
534+personnel matters shall be preempted and governed by federal law and
535+managed by the Adjutant General.
536+SECTION 7. AMENDATORY 44 O.S. 2021, Section 45, is
521537 amended to read as follows:
538+Section 45. Oath for National Guard Officers. Each
539+commissioned officer, before entering upon the duties of his or her
540+office, shall take and subscribe to the following oath, or such
541+other oath as may be required by National Guard Re gulations:
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549-Section 49. All matters relating to organization, commissioning
550-and discharging of officers, enlisting and discharge of enlisted men
551-personnel, discipline, and government of the Oklahoma National
552-Guard, not otherwise provided in this code, shall may be decided by
553-according to the customs, regulations, and usage of the United
554-States Army or the United States Air Force or National Guard
555-regulations.
556-SECTION 10. AMENDATORY Section 1, Chapter 74, O.S.L.
557-2022 (44 O.S. Supp. 2022, Section 233.10a), is amended to read as
558-follows:
559-Section 233.10a The Military Department of the State of
560-Oklahoma may purchase information technology including, but not
561-limited to, computer hardware or software, or any services related
562-to software development, software modifications, or any other
563-services related to the operation and maintenance of computer
564-hardware or software or both , independently and without prior
565-approval from the Office of M anagement and Enterprise Services
566-Information Services Division . All federal programs managed by the
567-Military Department of the State of Oklahoma shall be exempt from
568-any and all Information Services Division requirements .
569-SECTION 11. AMENDATORY 44 O.S. 2021, Section 241, is
568+"I .........., do solemnly swear tha t I will support and defend
569+the Constitution of the United States and the Constitution of the
570+State of Oklahoma against all enemies, foreign and domestic; that I
571+will bear true faith and allegiance to the same ; that I will obey
572+the lawful orders of the President of the United States and the
573+Governor of the State of Oklahoma; that I make this obligation
574+freely, without any mental reservation or purpose of evasion, and
575+that I will well and faithfully discharge the dutie s of the office
576+of ......., in the Natio nal Guard of the United States and the State
577+of Oklahoma upon which I am about to enter, so help me God."
578+SECTION 8. AMENDATORY 44 O.S. 2021 , Section 48, is
570579 amended to read as follows:
571-Section 241. The Governor, pursuant to the authority granted
572-the states by Section 109 of Title 32 of the United States Code or a
580+Section 48. Enlisted men personnel discharged from service in
581+the Oklahoma National Guard of this state shall receive a discharge
582+in writing in such form and with such classification as is or shall
583+be prescribed by National Guard regulations, and in time of peace
584+discharges may be given prior to the expiration of terms of
585+enlistment in the following cases:
586+By sentence of a general court-martial; by direction of the
587+Governor on account of disability; on account o f sentence of
588+imprisonment by a civil co urt whether suspended or not; on account
589+of a bona fide permanent change of residence to another state; and
590+for the purpose of enlisting in regular Army, Air Force, Navy, or
591+Marine Corps, and for such other causes as may be prescribed by
573592
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600-successor provision, and under such regulations as the Secretary of
601-Defense may prescribe for discipline in training, is hereby
602-authorized to enlist, organize, maintain, equip and discipline such
603-military forces other than the Oklahoma National Guard as he or she
604-may deem necessary to defend the state. Su ch forces shall be
605-uniformed and subject to Sections 1 through 117, Sections 208
606-through 237, and Sections 800 through 946 of this title, insofar as
607-such sections do not conflict with Sections 241 through 250 of this
608-title.
609-SECTION 12. AMENDATORY 44 O.S. 2021, Section 243, is
618+National Guard regulations or the Governor as Commander in Chief;
619+provided, that an enlisted man person who has not returned or
620+accounted for all of the public property for which he or she is
621+responsible, shall under no circumstances receive an honorable
622+discharge.
623+SECTION 9. AMENDATORY 44 O.S. 20 21, Section 49, is
610624 amended to read as follows:
611-Section 243. A. The Governor is hereby authorized to prescribe
612-rules and regulations governing the enlistmen t, organization,
613-administration, equipment, discipline and discharge of the personnel
614-of such military forces; to requisition from the Secretary of
615-Defense such arms and equipment as may be in the possession of and
616-can be spared by the Department of Defense and to extend thereto the
617-facilities of state armories, Armed Forces R eserve Centers,
618-readiness centers, logistics, aviation, and training facilities,
619-warehouses and their equipment and such other state premises and
620-property as may be available for the p urpose of drill and
621-instruction. Insofar as applicable the procedure fo r the
622-enlistment, organization, pay, maintenance, equipment and
623-disciplining of such forces shall be in conformity with the law and
625+Section 49. All matters relating to organization, commissioning
626+and discharging of officers, enlisting and discharge o f enlisted men
627+personnel, discipline, and government of the Oklahoma National
628+Guard, not otherwise provided in this code, shall may be decided by
629+according to the customs, regulations, and usage of the United
630+States Army or the United States Air Force or National Guard
631+regulations.
632+SECTION 10. AMENDATORY Section 1, Chapter 74, O.S.L.
633+2022 (44 O.S. Supp. 2022, Section 233.10a), is amended to read as
634+follows:
635+Section 233.10a The Military Department of the State of
636+Oklahoma may purchase information technology including, but not
637+limited to, computer hardware or software , or any services related
638+to software development, software modifications, or any other
639+services related to the operation and maintenance of computer
640+hardware or software or both, independently and without prior
641+approval from the Office of Management and Enter prise Services
624642
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651-the rules and regulations governing and pertaining to the National
652-Guard; provided, that the officers and enlisted personnel in the
653-Oklahoma State Guard shall not receive any compensation or monetary
654-allowances from the state except when activated for state active
655-duty, as defined in Section 801 of this tit le, by order of the
656-Governor.
657-B. Members of the Oklahoma State National Guard shall be
658-considered part of state military forces as defined in Section 801
659-of this title and shall be subject to the Oklahoma Uniform Code of
660-Military Justice.
661-C. When prescribing the rules and regulations governing
662-enlistment, organization, admin istration, equipment, discipline and
663-discharge of the personnel of the Oklahoma State National Guard, the
664-Governor shall issue such rules and regulations in the form of an
665-executive order or in a series of such orders. An executive order
666-or a series of such orders prescribing the rules and regulations
667-governing enlistment, organization, administration, equipment,
668-discipline and discharge of the personnel of the Oklahoma State
669-National Guard shall also be published by the Adjutant General as a
670-military publication.
671-SECTION 13. NEW LAW A new section of law to be codified
672-in the Oklahoma Statutes as Section 271 of Title 44, unless there is
673-created a duplication in nu mbering, reads as follows:
668+Information Services Division. All federal programs managed by the
669+Military Department of t he State of Oklahoma shall be exempt from
670+any and all Information Services Division requirements .
671+SECTION 11. AMENDATORY 44 O.S. 2021, Section 241, is
672+amended to read as follows:
673+Section 241. The Governor, pursuant to the authority granted
674+the states by Section 109 of Title 32 of t he United States Code or a
675+successor provision, and under such regulations as the Secretary of
676+Defense may prescribe for discipline in training, is hereby
677+authorized to enlist, organize, maintain, equip and discipline such
678+military forces other than the Oklahoma National Guard as he or she
679+may deem necessary to defend the state. Such forces shall be
680+uniformed and subject to Sections 1 through 117, Sections 208
681+through 237, and Sections 800 through 946 of this title, insofar as
682+such sections do not conflict with Sections 241 through 250 of this
683+title.
684+SECTION 12. AMENDATORY 44 O.S. 2021, Section 243, is
685+amended to read as follows:
686+Section 243. A. The Governor is hereby authorized to prescribe
687+rules and regulations governing the enl istment, organization,
688+administration, equipment, discipline and discharge of the personnel
689+of such military forces; to requisition from the Secretary of
690+Defense such arms and equipment as may be in the possession of and
691+can be spared by the Department of Defense and to extend thereto the
674692
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701-There is hereby created in the State Treasury a revolving fund
702-for the Oklahoma Military Department to be designated the "Oklahoma
703-National Guard Supplemental Retirement Pay Revolving Fund". The
704-fund shall be a continuing fund, not subject to fiscal year
705-limitations, and shall consist of all monies received by the
706-Oklahoma Military Department from funds provided by law. All monies
707-accruing to the credit of said fund are hereby appropriated and may
708-be budgeted and expended by the Oklahoma Military Department for the
709-purpose of implementing the provis ions of Section 3 of this act.
710-Expenditures from said fund shall be made upon warrants issued by
711-the State Treasurer against claims filed as prescribed by law with
712-the Director of the Office of Management and Enterprise Services for
713-approval and payment.
714-SECTION 14. NEW LAW A new section of law to be codified
715-in the Oklahoma Statutes as Section 272 of Title 44, unless there is
716-created a duplication in numbering, reads as follows:
717-A. The provisions of this section shall not be operat ive and no
718-payments shall be made from the Oklahoma National Guard Supplemental
719-Retirement Pay Revolving Fund until November 1, 2026.
720-B. The provisions of this section shall only be applicable to a
721-member of the Oklahoma National Guard who has accrued eno ugh service
722-credit prior to the effective date of this act in order to retire
723-from the system maintained by the Defense Finance Accounting
724-Service, or its successor in interest, for th e benefit of members of
718+facilities of state armories, Armed Forces Reserve Centers,
719+readiness centers, logistics, aviation, and training facilities,
720+warehouses and their equipment and such other state premises and
721+property as may be available for the purpose of drill and
722+instruction. Insofar as applicable the procedure for the
723+enlistment, organization, pay, maintenance, equipment and
724+disciplining of such forces shall be in conformity with the law and
725+the rules and regulations governing and pertai ning to the National
726+Guard; provided, that the officers and enlisted personnel in the
727+Oklahoma State Guard shall not receive any compensation or monetary
728+allowances from the state except when activated for state active
729+duty, as defined in Section 801 of this title, by order of the
730+Governor.
731+B. Members of the Oklahoma State National Guard shall be
732+considered part of state military forces as defined in Section 801
733+of this title and shall b e subject to the Oklahoma Uniform Code of
734+Military Justice.
735+C. When prescribing the rules and regulations governing
736+enlistment, organization, administration, equipment, discipline and
737+discharge of the personnel of the Oklahoma State National Guard, the
738+Governor shall issue such rules and regulations in the form of an
739+executive order or in a series of such orders. An executive order
740+or a series of such orders prescribing the rules and regulations
741+governing enlistment, organization, administration, equipment,
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752-state National Guards, but who has not attained the required age
753-prior to the effective date of this act in order to be paid the full
754-amount of such benefit. No member of the National Guard shall be
755-eligible to receive a payment pursuant to the provisions of this
756-section unless the member has completed twenty-five (25) years of
757-military service and who retires as a member of the Oklahoma
758-National Guard.
759-C. The provisions of this section shall not be applicable to
760-any person who retires with an active duty military pension.
761-D. The amount of the payment shall be determined as follows:
762-1. Determine the average basic pay for the member using the
763-same formula to compute average basic pay for purposes of the active
764-duty military retirement system based on the member's total years of
765-service;
766-2. If the members of the active duty military retirement system
767-were eligible for a cost -of-living adjustment for the year for which
768-the computation of the payment amount authorized by this section is
769-to be made, the cost -of-living adjustment amount in an annualized
770-form shall be added to the result of the computation in paragraph 1
771-of this subsection;
772-3. Multiply the result of the computation in paragraph 1 and,
773-if applicable, paragraph 2 of this subsection by fifty percent
774-(50%);
768+discipline and discharge of the personnel of the Oklahoma State
769+National Guard shall also be published by the Adjutant General as a
770+military publication.
771+SECTION 13. NEW LAW A new section of law to be codified
772+in the Oklahoma Statutes as Section 271 of Title 44, unless there is
773+created a duplication in numbering, reads as follows:
774+There is hereby created in the State Treasury a re volving fund
775+for the Oklahoma Military Department to be designated the "Oklahoma
776+National Guard Supplemental R etirement Pay Revolving Fund". The
777+fund shall be a continuing fund, not subject to fi scal year
778+limitations, and shall consist of all monies recei ved by the
779+Oklahoma Military Department from funds provided by law. All monies
780+accruing to the credit of said fund are hereby appropriated and may
781+be budgeted and expended by the Oklahoma Military Department for the
782+purpose of implementing the provisions of Section 3 of this act.
783+Expenditures from said fund shall be made upon warrants issued by
784+the State Treasurer against claims filed as prescribed by law with
785+the Director of the Office of Manag ement and Enterprise Services for
786+approval and payment .
787+SECTION 14. NEW LAW A n ew section of law to be codified
788+in the Oklahoma Statutes as Section 272 of Title 44, unless there is
789+created a duplication in numbering, reads as follows:
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802-4. The resulting amount shall be paid to the National Guard
803-member in twelve equal monthly amounts with allowance as required
804-for rounding.
805-E. Any benefit payable to an eligible member of the Oklahoma
806-National Guard shall only be payable during the member's lifetime
807-and no benefit authorized pursuant to the provisions of this act
808-shall be payable to a survivor other than amounts paid to a member
809-prior to member's death which are payable to another person pursuant
810-to the provisions of a joint tenancy bank account with a right of
811-survivorship naming a person or persons as beneficiary, a bank
812-account with a transfer on death or payable on death feature, an
813-express trust, including but not limited to a trust created by the
814-payee member during his or her lifetime, a will or the statute of
815-intestate succession for distribution of the assets of a person who
816-does not otherwise provide for the disposition of their assets after
817-death.
818-F. The payment otherwise authorized pursuant to the provisions
819-of this act may only be made to a person who has become e ligible to
820-receive retirement benefits from the retirement system under the
821-supervision of the Defense Finance Accounting Finance Service, or
822-its successor in interest, as of the date the first payment pursuant
823-to this act is authorized.
824-G. The payments authorized by this section shall be paid to the
825-eligible member until the member begins to receive federal
816+A. The provisions of th is section shall not be operative a nd no
817+payments shall be made from t he Oklahoma National Guard Supplemental
818+Retirement Pay Revolving Fund until November 1, 2026.
819+B. The provisions of this section shall only be applicable to a
820+member of the Oklahoma National Guard who has accrued enough service
821+credit prior to the effective date of this act in order to retire
822+from the system maintained by the Defense Finance Accounting
823+Service, or its successor in interest, for the benefit of members of
824+state National Guards, but who has not attained the required age
825+prior to the effective date of this act in order to be paid the full
826+amount of such benefit. No member of the National Guard shall be
827+eligible to receive a payment pursuant to the pro visions of this
828+section unless the member has completed twenty-five (25) years of
829+military service and who retires as a member of the Oklahoma
830+National Guard.
831+C. The provisions of this section shall not be applicable to
832+any person who retires with a n active duty military pension.
833+D. The amount of the payment shal l be determined as follows:
834+1. Determine the average basic pay for the member using the
835+same formula to compute average basic pay for purposes of the a ctive
836+duty military retirement system based on the member's total years of
837+service;
838+2. If the members of the active duty military retireme nt system
839+were eligible for a cost-of-living adjustment for the year for which
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853-retirement benefits from the Defense Finance Account Services, or
854-its successor interest, but shall not be paid for any period of time
855-after such time period.
856-H. In the event the funds required for full payment to all
857-eligible members pursuant to the provisions of this section is not
858-sufficient, the payments to the eligible members shall be prorated
859-by dividing the total number of eligible members by t he total amount
860-of available funds. The resulting quotient shall be multiplied by
861-the payment amount otherwise due to the eligible member and the
862-result of that computation shall be the reduced dollar amount paid
863-to each member for the applicable period. For any period of time
864-during which payments are prorated pursuant to this subsection, the
865-next increment of available funds shall be used to make payments to
866-the eligible members who se payment amounts were prorated to
867-compensate for the reduction made in the prior payment period.
868-SECTION 15. AMENDATORY 44 O.S. 2021, Section 815, is
869-amended to read as follows:
870-Section 815. ARTICLE 15. Commanding officer's nonjudicial
871-punishment.
872-A. Except as provided in subsection B of this sectio n, any
873-commanding officer and, for purposes of this section, any officer in
874-charge, may impose disciplinary punishments for minor offenses
875-arising under the punitive articles of the Ok lahoma Uniform Code of
876-Military Justice without the intervention of a co urt-martial.
866+the computation of the payment amount authorized by this section is
867+to be made, the cost-of-living adjustment amount in an annu alized
868+form shall be added to the result of the co mputation in paragraph 1
869+of this subsection;
870+3. Multiply the result of the computation in paragraph 1 and,
871+if applicable, paragraph 2 of this subsection by fifty percent
872+(50%);
873+4. The resulting amount shall be paid to th e National Guard
874+member in twelve equal monthly amounts with allowance as required
875+for rounding.
876+E. Any benefit payable to an eligible member of the Oklahoma
877+National Guard shall only be payable during the member's lifetime
878+and no benefit authorized pursuant to the provisions of this act
879+shall be payable to a survivor other than amounts paid to a member
880+prior to member's death which are payable to another person
881+pursuant to the provisions of a joint tenancy bank accou nt with a
882+right of survivorship naming a person or persons as benef iciary, a
883+bank account with a transfer on death or payable on death feature,
884+an express trust, including but not limited to a trust created by
885+the payee member during his or her lifetime, a will or the statute
886+of intestate succession for distribution of the assets of a person
887+who does not otherwise provide for the disposition of their assets
888+after death.
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904-B. Any superior commander may limit or withhold the exercise of
905-nonjudicial punishment authority by subordinate commanders,
906-including limiting authority over certain categories of military
907-personnel or offenses. Likewise, individual cases ma y be reserved
908-by a superior commander. A superior authority may limit or withhold
909-any power that a subordinate might otherwise exercise under this
910-section.
911-C. Except as provided in s ubsection L of this section, the
912-Governor or Adjutant General may delega te the powers established
913-under this section to a senior officer who is a member of the state
914-military forces and is also a member of the same force component as
915-the accused.
916-D. Any Except as provided in subsection S of this section, any
917-commanding officer may impose upon enlisted members of the officer's
918-command:
919-1. An admonition;
920-2. A reprimand;
921-3. The withholding of privileges for not more than six (6)
922-months which need not be co nsecutive;
923-4. The forfeiture of pay of not more than seven (7) days' pa y;
924-5. A fine of not more than seven (7) days' pay;
925-6. A reduction to the next inferior pay grade, if the grade
926-from which demoted is within the promotion authority of the officer
915+F. The payment otherwise authorized pursuant to the provision s
916+of this act may only be made to a person who has become eligible to
917+receive retirement benefits from the retirement system under the
918+supervision of the Defense Finance Accounting Finance Service, or
919+its successor in interest, as of the date the first paymen t pursuant
920+to this act is authorized.
921+G. The payments authorized by this section shall be paid to the
922+eligible member until the member begins to receive federal
923+retirement benefits from the Defense Finance Account Services, or
924+its successor interest, but shall not be paid for any period of time
925+after such time period.
926+H. In the event the funds required for full payment to all
927+eligible members pursuant to the provisions of this section is not
928+sufficient, the payments to the eligible members shall be prorated
929+by dividing the total number of eligible members by the total amount
930+of available funds. The resulting quotient shall be multiplied by
931+the payment amount otherwise due to the eligible member and the
932+result of that computation shall be the r educed dollar amount paid
933+to each member for the applicable period. For any period of time
934+during which payments are prorated pursuant to this subsection, the
935+next increment of available funds shall be used to make paym ents to
936+the eligible members whose payment amounts were prorated to
937+compensate for the reduction made i n the prior payment period.
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954-imposing the reduction or any officer subordinate to the one who
955-imposes the reduction;
956-7. Extra duties, including fatigue or other duties, for not
957-more than fourteen (14) days, which need not be consecutive; and
958-8. Restriction to certain specified limits, with or without
959-suspension from duty, for not more than fourteen (14) da ys, which
960-need not be consecutive.
961-E. Any Except as provided in subsection S of this section, any
962-commanding officer of the grade of major or above may impose upon
963-enlisted members of the officer's command:
964-1. An admonition;
965-2. A reprimand;
966-3. The withholding of privileges for not more than six (6)
967-months which need not be consecutive;
968-4. The forfeiture of not more than one -half (1/2) of one (1)
969-month's pay per month for two (2) mo nths;
970-5. A fine of not more than one (1) month's pay;
971-6. A reduction to the lowest or any intermediate pay grade, if
972-the grade from which demoted is within the promotion authority of
973-the officer imposing the reduction or any officer subordinate to the
974-one who imposes the reduction, but an enlisted member in a pay grade
975-above E-4 shall not be reduced more than two pay grades;
976-7. Extra duties, including fatigue or other duties, for not
977-more than forty-five (45) days which need not be consecutive; and
964+SECTION 15. AMENDATORY 44 O.S. 2021, Section 815, is
965+amended to read as foll ows:
966+Section 815. ARTICLE 15. Commanding officer 's nonjudicial
967+punishment.
968+A. Except as provided in subsection B of this sectio n, any
969+commanding officer and, for purposes of this section, any officer in
970+charge, may impose disciplinary punishments for mi nor offenses
971+arising under the punitive articles of the Okl ahoma Uniform Code of
972+Military Justice without the intervention of a co urt-martial.
973+B. Any superior comm ander may limit or withhold the exercise of
974+nonjudicial punishment authority by subordinate commanders,
975+including limiting authority over certain categ ories of military
976+personnel or offenses. Likewise, individual cases ma y be reserved
977+by a superior comman der. A superior authority may limit or withhold
978+any power that a subordinate might otherwis e exercise under this
979+section.
980+C. Except as provided in su bsection L of this section, the
981+Governor or Adjutant General may delega te the powers established
982+under this section to a senior officer who is a member of the state
983+military forces and is also a me mber of the same force component as
984+the accused.
985+D. Any Except as provided in subsection S of this section, any
986+commanding officer may impose upon enlisted members of the officer's
987+command:
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1014+1. An admonition;
1015+2. A reprimand;
1016+3. The withholding of privil eges for not more than six (6)
1017+months which need not be con secutive;
1018+4. The forfeiture of pay of not more than seven (7) days ' pay;
1019+5. A fine of not more than sev en (7) days' pay;
1020+6. A reduction to the next inferior pay grade, if the grade
1021+from which demoted is within the promotion authority of the officer
1022+imposing the reduction or any officer subordinate to the one who
1023+imposes the reduction;
1024+7. Extra duties, inc luding fatigue or other duties, for not
1025+more than fourteen (14) days, which need not be cons ecutive; and
10051026 8. Restriction to certain specified limits, w ith or without
1006-suspension from duty, for not more than sixty (60) days which need
1007-not be consecutive.
1008-F. The Governor, the Adjutant General, or an officer exercising
1009-general or special court -martial convening authority may impose:
1010-1. Upon officers of the officer's command:
1011-a. any punishment authorized in subsection E of this
1012-section, except for the punishments provided in
1013-paragraphs 6 and 7 of subsection E of this section,
1014-and
1015-b. arrest in quarters for not more tha n thirty (30) days
1016-which need not be consecutive; and
1017-2. Upon enlisted members of the officer's command, any
1018-punishment authorized in subsection E of this section.
1019-Admonitions or reprimands given as nonjudicial punishment to
1020-commissioned officers and warrant officers shall be administered in
1021-writing. In all other cases, unle ss otherwise prescribed by
1022-regulations promulgated by the Adjutant General, such punishments
1023-may be administered either orally or in writing.
1024-G. Whenever any punishments are combined to run consecutively,
1025-the total length of the combined punishment shall not exceed the
1026-authorized duration of the longest punishment included in the
1027-combination, and there shall be an apportionment of punishments so
1027+suspension from duty, for not more than fourteen (14) da ys, which
1028+need not be consecutive.
1029+E. Any Except as provided in subsection S of this section, any
1030+commanding officer of the g rade of major or above may impose upon
1031+enlisted members of the officer's command:
1032+1. An admonition;
1033+2. A reprimand;
1034+3. The withholding of privileges for not more than six (6)
1035+months which need not be consecutive;
1036+4. The forfeiture of not more than one -half (1/2) of one (1)
1037+month's pay per month for two (2) mon ths;
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1055-that no single punishment in the combination exceeds its authorized
1056-length under this section.
1057-H. Once the commander has determined that nonjudicial
1058-punishment is appropriate, the commander shall provide reasonable
1059-notice to the member of his or her intent to impose nonjudicial
1060-punishment. At the time the commander provides notification as
1061-required in this subsect ion, the member shall be entitled to examine
1062-all statements and other evidence that the commander has examined
1063-and intends to rely upon as the basis for punishment. The member
1064-shall be provided a copy of the documentary evidence unless it is
1065-privileged, classified, or otherwise restricted by law, regulation,
1066-or instruction. At the time the commander provides notification as
1067-required in this subsection, the commander shall also inform the
1068-member as to the quantum of punishment potentially to be imposed.
1069-While a member undergoing nonjudicial punishment is not entitled to
1070-representation by a duly appointed defense counsel, the member may
1071-seek legal advice from any judge advocate available for this
1072-purpose.
1073-I. The right to demand trial by court -martial in lieu of
1074-nonjudicial punishment shall arise only when arrest in quarters or
1075-restriction will be considered as punishments. If the commanding
1076-officer determines that arrest in quarters or restriction will be
1077-considered as punishments, prior to the offer of no njudicial
1078-punishment the accused shall be notified in writing of the right to
1064+5. A fine of not more than one (1) month 's pay;
1065+6. A reduction to the lowest or any intermediate p ay grade, if
1066+the grade from which demoted is within the promotion authority of
1067+the officer imposing the reduction or any officer subordinate to the
1068+one who imposes the reduction, but an enlisted member in a pay grade
1069+above E-4 shall not be reduced more tha n two pay grades;
1070+7. Extra duties, including fatigue or other duties, for not
1071+more than forty-five (45) days which need not be consecutive; and
1072+8. Restriction to certain specified limits, with or without
1073+suspension from duty, for not more than sixty (60) days which need
1074+not be consecutive.
1075+F. The Governor, the Adjutant General, or an officer e xercising
1076+general or special court -martial convening author ity may impose:
1077+1. Upon officers of the officer 's command:
1078+a. any punishment authorized in subsection E of this
1079+section, except for the punishments provided in
1080+paragraphs 6 and 7 of subsection E o f this section,
1081+and
1082+b. arrest in quarters for not more than thirty (30) days
1083+which need not be consecutive; and
1084+2. Upon enlisted members of the officer's command, any
1085+punishment authorized in subsection E of this section.
1086+Admonitions or reprimands given a s nonjudicial punishment to
1087+commissioned officers and warra nt officers shall be administered in
10791088
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1106-demand trial by court -martial. Should the commanding officer
1107-determine that the punishment options will not include arrest in
1108-quarters or restriction, the accused shall be notif ied that there is
1109-no right to trial by court -martial in lieu of nonjudicial
1110-punishment. Upon notification by the commander or officer in charge
1111-of his or her intent to impose nonjudic ial punishment that includes
1112-arrest in quarters or restriction, the accu sed shall be afforded a
1113-reasonable amount of time to confer with legal counsel and to
1114-prepare a response.
1115-J. The officer who imposes the punishment, or his or her
1116-successor in command, may at any time suspend, set aside, mitigate
1117-or remit any part or amou nt of the punishment and restore all
1118-rights, privileges and property affected. The officer may also
1119-mitigate:
1120-1. Reduction in grade to forfeiture of pay;
1121-2. Arrest in quarters to re striction; or
1122-3. Extra duties to restriction.
1123-The mitigated punishment shall not be for a greater period than the
1124-punishment mitigated. When mitigating reduction in grade to
1125-forfeiture of pay, the amount of the forfeiture shall not be greater
1126-than the amount that could have been imposed initially under this
1127-article by the officer who imposed the punishment mitigated.
1128-K. A person punished under this section who considers the
1129-punishment unjust or disproportionate to the offense may, through
1114+writing. In all other cases, unle ss otherwise prescribed by
1115+regulations promulgated by the Adjutant General, such punishments
1116+may be administered either orally or in writing.
1117+G. Whenever any punishments are combined t o run consecutively,
1118+the total length of the combined punishment shall not exceed the
1119+authorized duration of the longest punishment included in the
1120+combination, and there shall be an apportionment of punishments so
1121+that no single punishment in the combinat ion exceeds its authorized
1122+length under this section.
1123+H. Once the commander has determined that nonjudic ial
1124+punishment is appropriate, the commander shall provide reasonable
1125+notice to the member o f his or her intent to impose nonjudicial
1126+punishment. At the time the commander provides notification as
1127+required in this subsect ion, the member shall be entitled to examine
1128+all statements and other evidence that the commander has examined
1129+and intends to rely upon as the basis for punishment. The member
1130+shall be provided a copy of the documentary evidence unless it is
1131+privileged, classified, or otherwise restricted by law, regulation,
1132+or instruction. At the time the commander provides notification as
1133+required in this subsection, the commander shall also inform t he
1134+member as to the quantum of punishment potentially to be imposed.
1135+While a member undergoing nonjudici al punishment is not entitled to
1136+representation by a duly appointed defense counsel, the mem ber may
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1157-his or her chain of command, appeal to a senior officer designated
1158-by the Adjutant Gene ral to adjudicate appeals arising from
1159-nonjudicial punishment. A senior officer so designated by the
1160-Adjutant General shall be a member of the same component of the
1161-state military forces as the accused. An appeal made pursuant to
1162-this subsection shall be lodged within fifteen (15) days after the
1163-punishment is announced to the accused. The officer exercising
1164-appellate authority may, at his or her discretion, extend the
1165-deadline for an appeal. The appeal shall be promptly forwarded and
1166-decided, and the member shall not be punished until the appeal is
1167-decided. The senior officer designated by the Adjutant General as
1168-exercising appellate authority may exercise the same powers with
1169-respect to the punishment imposed as may be exercised under
1170-subsection I of this section by the officer who imposed the
1171-punishment. Before acting on an appeal from a punishment, the
1172-senior officer exercising appellate authority shall refer the case
1173-to a judge advocate for consideration and advice. When a senior
1174-officer is designated by the Adjutant General to adjudicate appeals
1175-arising from nonjudicial punishment, such designation shall be
1176-accomplished in writing and shall be considered a military
1177-publication, as defined in Section 801 of this title (Article 1).
1178-L. Except for nonjudicial punishment imposed by the Governor or
1179-the Adjutant General, the final appellate authority for nonjudicial
1180-punishment imposed within state military forces is the Adjutant
1163+seek legal advice from any judge advocate available for this
1164+purpose.
1165+I. The right to demand trial by court -martial in lieu of
1166+nonjudicial punishment shall arise only when arrest in quarters or
1167+restriction will be considered as punishments. If th e commanding
1168+officer determines that arrest in quarters or restriction will be
1169+considered as punishments, prior to the offer of no njudicial
1170+punishment the accused s hall be notified in writing of the right to
1171+demand trial by court-martial. Should the comma nding officer
1172+determine that the punishment options will no t include arrest in
1173+quarters or restriction, the accused shall be notif ied that there is
1174+no right to trial by court-martial in lieu of nonjudicial
1175+punishment. Upon notification by the commander or officer in charge
1176+of his or her intent to impose nonjudici al punishment that includes
1177+arrest in quarters or restriction, the accu sed shall be afforded a
1178+reasonable amount of time to confer with legal counsel and to
1179+prepare a response.
1180+J. The officer who imposes the punishment, or his or her
1181+successor in command, may at any time suspend, set aside, mitigate
1182+or remit any part or amou nt of the punishment and restore a ll
1183+rights, privileges and property affected. The officer may also
1184+mitigate:
1185+1. Reduction in grade to forfeiture of pay;
1186+2. Arrest in quarters to res triction; or
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1208-General. A person punished under this section whose appeal was
1209-previously denied by a senior officer designated to adjudicate
1210-appeals may, through his or her chain of command, lodge an
1211-additional appeal with the Adjutant General within five (5) days
1212-after the appeal is denied. In the event the officer imposing
1213-nonjudicial punishment is a senior officer who is also designated to
1214-adjudicate appeals arising from nonjudicial punishment, an appeal
1215-thereof shall be addressed directly to the Adjutant General. In the
1216-event the officer imposing nonjudicial punishment is the Adjutant
1217-General, an appeal thereof shall be addressed directly to the
1218-Governor. An appeal offered pursuant to this subsection shall be
1219-made only in writing. Neither the Governor nor the Adjutant General
1220-shall delegate his or her duties as an appellate authority under
1221-this subsection.
1222-M. Whenever nonjudicial punishment is imposed under this
1223-section:
1224-1. After adjudication and while the punishment is being carried
1225-out or while the adjudged punishme nt is pending before the appellate
1226-authority, the commander or officer i n charge who imposed the
1227-nonjudicial punishment, upon the request of the accused, may:
1228-a. excuse the accused from attendance at scheduled unit
1229-training assemblies, or
1230-b. arrange for the accused to drill on alternate dates
1231-and in alternate locations; or
1213+3. Extra duties to restriction.
1214+The mitigated punishment shall not be for a greater period than the
1215+punishment mitigated. When mitigating reduction in grade to
1216+forfeiture of pay, the amount of the forfeiture shall not be greater
1217+than the amount that could have been imposed initially under this
1218+article by the officer who imposed the punishment m itigated.
1219+K. A person punished under this section who considers the
1220+punishment unjust or di sproportionate to the offense may, through
1221+his or her chain of command, appeal to a senior officer designated
1222+by the Adjutant Gene ral to adjudicate appeals arising from
1223+nonjudicial punishment. A senior officer so designated by the
1224+Adjutant General shall b e a member of the same component of the
1225+state military forces as the accused. An appeal made pursuant to
1226+this subsection shall be lodged within fifteen (15) days a fter the
1227+punishment is announced to the accused. The officer exercising
1228+appellate authority may, at his or her discretion, extend the
1229+deadline for an appeal. The appeal shall be promptly forwarded and
1230+decided, and the member shall not be punished until t he appeal is
1231+decided. The senior officer designated by the Adjutant General as
1232+exercising appellate authority may exercise the same powers with
1233+respect to the punishment imposed as may be exercised under
1234+subsection I of this section by the officer who imp osed the
1235+punishment. Before acting on an appeal from a punishment, the
1236+senior officer exerc ising appellate authority shall refer the case
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1259-2. If necessary to maintain good order and discipline within
1260-the unit, the commander or officer in charge who imposed the
1261-nonjudicial punishment may order the accused to drill on alterna te
1262-dates and in alternate locations. The order shall be reduced to
1263-writing and shall become part of the record of nonjudicial
1264-punishment.
1265-N. The imposition and enforcement of disciplinary punishment
1266-under this section for any act or omission shall not be a bar to
1267-trial by court-martial or a civilian court of competent jurisd iction
1268-for a crime or offense arising out of the same act or omission; but
1269-the fact that a disciplinary punishment has been enforced may be
1270-demonstrated by the accused upon trial and, when so demonstrated, it
1271-shall be considered in determining the measure of punishment to be
1272-adjudged in the event of a finding or verdict of guilty.
1273-Nonjudicial punishment shall not be imposed for an offense
1274-previously tried by a civilian court unless so authorized by
1275-regulations promulgated by the Adjutant General.
1276-O. When nonjudicial punishment has been imposed for an offense,
1277-punishment shall not again be imposed for the same offense under
1278-this section. Once nonjudicial punishment has been imposed, it may
1279-not be increased, upon appeal or otherwise. When a commander or
1280-officer in charge determines that nonjudicial punishment is
1281-appropriate for a particular member, all known offenses determined
1282-to be appropriate for disposition by nonjudicial punishment and
1263+to a judge advocate for consideration and advice. When a senior
1264+officer is designated by the Adjutant General to adj udicate appeals
1265+arising from nonjudicial punishment, such designation shall be
1266+accomplished in writing and shall be considered a military
1267+publication, as defined in Section 801 of this title (Article 1).
1268+L. Except for nonjudicial punishment imposed by the Governor or
1269+the Adjutant General, the final appellate authority for nonjudicial
1270+punishment imposed within state military forces is the Adjutant
1271+General. A person punished under this section whose appeal was
1272+previously denied by a senior officer designate d to adjudicate
1273+appeals may, through his or her chain of command, lodge an
1274+additional appeal with the Adjutant General within five (5) days
1275+after the appeal is denied. In the event the officer imposing
1276+nonjudicial punishment is a senior officer who is als o designated to
1277+adjudicate appeals arising from nonjudicial punishment, an appeal
1278+thereof shall be addressed directly to the Adjutant General. In the
1279+event the officer imposing nonjudicial punishment is the Adjutant
1280+General, an appeal thereof shall be add ressed directly to the
1281+Governor. An appeal offered pursuant to this subsection shall be
1282+made only in writing. Neither the Governor nor the Adjutant G eneral
1283+shall delegate his or her duties as an appellate authority under
1284+this subsection.
1285+M. Whenever nonjudicial punishment is imposed under this
1286+section:
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1310-ready to be considered at that time, including all offenses arising
1311-from a single incident or course of conduct, shall be considered
1312-together and shall not be made the basis for multiple punishments.
1313-This subsection shall in no way restrict the right of a commander to
1314-prefer court-martial charges for an offense previousl y punished
1315-under the provisions of this section.
1316-P. In accordance with subsection B of Section 843 of this title
1317-(Article 43, subsection B), a person accused of an offense is not
1318-liable to be punished under this section if the offense was
1319-committed more than two (2) years before the imposition of
1320-punishment. Periods in which the accused is absent without
1321-authority shall be excluded in computing the period of limitation
1322-prescribed in this section.
1323-Q. Whenever a punishment of forfeiture of pay is imposed u nder
1324-this section, the forfeiture shall not apply to pay accruing before
1325-the date that punishment is imposed, but only pay accruing on or
1326-after the date that punishment is imposed.
1327-R. The Adjutant General may promulgate regulations prescribing
1328-the type and form of records to be kept of proceedings conducted
1329-pursuant to this section. The Adjutant General may promulgate any
1330-other regulations necessary to carry out the provisions of this
1331-section.
1332-S. For purposes of this section, no member of the Oklahoma
1333-National Guard of the rank of E -8 or E-9 shall be reduced in rank
1313+1. After adjudication and while the puni shment is being carried
1314+out or while the adjudged punishmen t is pending before the appellate
1315+authority, the commander or officer i n charge who imposed the
1316+nonjudicial punishment, upon the request of the accused, may:
1317+a. excuse the accused from attendance a t scheduled unit
1318+training assemblies, or
1319+b. arrange for the accused to drill on alternate dates
1320+and in alternate locations; or
1321+2. If necessary to maintain good ord er and discipline within
1322+the unit, the commander or officer in charge who imposed the
1323+nonjudicial punishment may order the accused to drill on alternat e
1324+dates and in alternate locations. The order shall be reduced to
1325+writing and shall become part of the r ecord of nonjudicial
1326+punishment.
1327+N. The imposition and enforcement of disciplinary punishme nt
1328+under this section for any act or omission shall not be a bar to
1329+trial by court-martial or a civilian court of competent jurisd iction
1330+for a crime or offense aris ing out of the same act or omission; but
1331+the fact that a disciplinary punishment has been en forced may be
1332+demonstrated by the accused upon trial and, w hen so demonstrated, it
1333+shall be considered in determining the measure of punishment to be
1334+adjudged in the event of a finding or verdict of guilty.
1335+Nonjudicial punishment shall not be imposed for an offense
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1361-pursuant to this section except when the reduction results from
1362-nonjudicial punishment imposed by an officer of the Oklahoma
1363-National Guard of the rank of brigadier general or by the Adjutant
1364-General. When imposing nonjudicial punishment on enlisted persons
1365-of the rank of E-7 or below, a commander or officer in charge who
1366-possesses the rank of colonel may consider reductio n in rank as a
1367-possible punishment.
1368-SECTION 16. AMENDATORY 44 O.S. 2021, Section 821, is
1369-amended to read as follows:
1370-Section 821. RESERVED. ARTICLE 21. Convening of court -martial
1371-by federal officials.
1372-In no case shall the President of the United States, the
1373-Secretary of Defense, the secretary of a mi litary department, a
1374-military officer serving on active duty within the meaning of Title
1375-10 of the United States Code, or any other federal official convene
1376-a court-martial proceeding pursuant to the Oklahoma Military Code
1377-unless prior consent has been gra nted by the Governor. Such
1378-consent, if granted by the Governor, shall be accomplished in
1379-writing and shall be published by the Governor.
1380-SECTION 17. AMENDATORY 44 O.S. 2021, Section 875, is
1381-amended to read as follows:
1382-Section 875. ARTICLE 75. Restoration.
1383-A. Under such regulations as the Adjutant General may
1384-promulgate, all rights, privileges, and property affected by an
1362+previously tried by a civilian court unless so a uthorized by
1363+regulations promulgated by the Adjutant General.
1364+O. When nonjudicial punishment has been im posed for an offense,
1365+punishment shall not again be imposed for the same offense under
1366+this section. Once nonjudicial punishment has been imposed, it may
1367+not be increased, upon appeal or otherwise. When a commander or
1368+officer in charge determines that no njudicial punishment is
1369+appropriate for a particular member, all known offenses determined
1370+to be appropriate for disposition by nonjudicial punishment and
1371+ready to be considered at that time, including all offenses arising
1372+from a single incident or course of conduct, shall be considered
1373+together and shall not be made the basis for multiple punish ments.
1374+This subsection shall in no way restrict the right of a commander to
1375+prefer court-martial charges for an offense previousl y punished
1376+under the provisions of this section.
1377+P. In accordance with subsection B of Section 843 of this title
1378+(Article 43, subsection B), a person accused of an offense is not
1379+liable to be punished under this section if the offense was
1380+committed more than two (2) years before the impos ition of
1381+punishment. Periods in which the accused is absent without
1382+authority shall be excl uded in computing the period of limitation
1383+prescribed in this section.
1384+Q. Whenever a punishment of forfeiture of pay is imposed u nder
1385+this section, the forfeiture shall not apply to pay accruing before
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1412-executed part of a court -martial sentence which has been set aside
1413-or disapproved, except an executed dismiss al or discharge, shall be
1414-restored unless a new trial or rehearing is ordered and such
1415-executed part is included in a sentence imposed upon the new trial
1416-or rehearing.
1417-B. If a previously executed sentence of dishonorable or bad -
1418-conduct discharge is not im posed on a new trial, the Adjutant
1419-General shall substitute therefor a form of discharge authorized for
1420-administrative issuance unless the accused is to serve out the
1421-remainder of his or her enlistment.
1422-C. If a previously executed sentence of dismissal is not
1423-imposed on a new trial, the Adjutant General shall substitute
1424-therefor a form of discharge authorized for administrative issue,
1425-and the commissioned officer dismissed by that sentence may be
1426-reappointed pursuant to Sections 875 and 12203 of Title 10 o f the
1427-United States Code and any applicable regulations prescribed
1428-thereunder by the President of the United States or the Secretary
1429-concerned solely by the Governor to such commission ed grade and with
1430-such rank as in the opinion of the Governor that forme r officer
1431-would have attained had he or she not been dismissed. The
1432-reappointment of such a former officer shall be without regard to
1433-the existence of a vacancy and shall affect the promotion status of
1434-other officers only insofar as the Governor may direc t. All time
1435-between the dismissal and the reappointment shall be considered as
1412+the date that punishment is imposed, but only pay acc ruing on or
1413+after the date that punishment is imposed.
1414+R. The Adjutant General may promulgate regulations prescribing
1415+the type and form of records to be kept of pr oceedings conducted
1416+pursuant to this section. The Adjutant General may promulgate any
1417+other regulations necessary to carry out the provisions of this
1418+section.
1419+S. For purposes of this section, no member of the Oklahoma
1420+National Guard of the rank of E-8 or E-9 shall be reduced in rank
1421+pursuant to this section except when the reduction results fro m
1422+nonjudicial punishment imposed by an officer of the Oklah oma
1423+National Guard of the rank of brigadier general or by the Adjutant
1424+General. When imposing nonjudicia l punishment on enlisted persons
1425+of the rank of E-7 or below, a commander or officer in char ge who
1426+possesses the rank of colonel may consider reduction in rank as a
1427+possible punishment.
1428+SECTION 16. AMENDATORY 44 O.S. 2021, Section 821, is
1429+amended to read as follows:
1430+Section 821. RESERVED. ARTICLE 21. Convening of court-martial
1431+by federal officials.
1432+In no case shall the President of the United States, the
1433+Secretary of Defense, the secretary of a military department, a
1434+military officer serving on active duty within the meaning of Title
1435+10 of the United States Code, or any other federal official convene
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1463-actual service for all purposes, including the right to pay and
1464-allowances.
1465-D. The Governor or Adjutant General shall prescribe
1466-regulations, with such limitations as the Gover nor or Adjutant
1467-General considers appropriate, governing eligibility for pay and
1468-allowances for the period after the date on which an executed part
1469-of a court-martial sentence is set aside .
1470-SECTION 18. AMENDATORY 44 O.S. 2021, Sect ion 905, is
1462+a court-martial proceeding pursuant to the Oklahoma Military Code
1463+unless prior consent has been granted by the Governor. Such
1464+consent, if granted by the Governor, shall be accomplished in
1465+writing and shall be published by the Governor.
1466+SECTION 17. AMENDATORY 44 O.S. 2021, Section 875, is
14711467 amended to read as follows:
1472-Section 905. RESERVED. ARTICLE 105. Forgery.
1473-Any person subject to the Oklahoma Uniform Code of Military
1474-Justice who, with intent to defraud:
1475-1. Falsely makes or alters any signature to, or any part of,
1476-any writing which would, if genuine, apparently impose a legal
1477-liability on another or change his or her legal right or liability
1478-to his or her prejudice; or
1479-2. Utters, offers, issues, or transfers such a writing, known
1480-by him or her to be so made or altered, is gu ilty of forgery and
1481-shall be punished as a court -martial may direct.
1482-SECTION 19. AMENDATORY 44 O.S. 2021, Section 912A, is
1483-amended to read as follows:
1484-Section 912A. ARTICLE 112A. Wrongful use, possession, etc., of
1485-controlled substances.
1468+Section 875. ARTICLE 75. Restoration.
1469+A. Under such regulations as the Adjutant General may
1470+promulgate, all rights, privileges, and property affected by an
1471+executed part of a court-martial sentence which has been set aside
1472+or disapproved, except an executed dismissal or discharge, shall be
1473+restored unless a new trial or rehearing is ordered and such
1474+executed part is included in a sentence imposed upon the new trial
1475+or rehearing.
1476+B. If a previously executed sentence of dishonorable or bad-
1477+conduct discharge is not imposed on a new trial, the Adjut ant
1478+General shall substitute therefor a form of discharge authorized for
1479+administrative issuance unless the accused is to serve ou t the
1480+remainder of his or her enlistment.
1481+C. If a previously executed sentence of dismissal is not
1482+imposed on a new trial, th e Adjutant General shall substitute
1483+therefor a form of discharge authorized for administrative issue,
1484+and the commissioned officer dismissed by that sentence may be
1485+reappointed pursuant to Sections 875 and 12203 of Title 10 of the
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1513-A. Any person subject to the Oklahoma Uniform Code of Military
1514-Justice who wrongfully uses, possesses, manufactures, distributes,
1515-imports into the customs territory of the United States, exports
1516-from the United States, or introduces into an installa tion, vessel,
1517-vehicle, or aircraft used by or under the control of the Armed
1518-Forces of the United States or of the state military forces a
1519-substance described in subsection B of this s ection shall be
1520-punished as a court-martial may direct.
1521-B. The substances referred to in subsection A of this section
1522-are the following:
1523-1. Opium, heroin, cocaine, amphetamine, lysergic acid
1524-diethylamide, methamphetamine, phencyclidine, barbituric acid, and
1525-marijuana and any compound or derivative of any such substance;
1526-2. Any substance not specified in paragraph 1 of this
1527-subsection that is listed on a schedule of controlled substances
1528-prescribed by the President for the purposes of the Uniform Code of
1529-Military Justice, Title 10 of the United States Code, Section 801,
1530-et seq.; and
1531-3. Any other substance not specified in paragraph 1 of this
1532-subsection or contained on a list prescribed by the President under
1533-paragraph 2 of this subsection that is listed in schedules I through
1534-V of article 202 of the Controlled Substances Act, Title 21 of the
1535-United States Code, Section 812.
1512+United States Code and an y applicable regulations prescribed
1513+thereunder by the President of the United States or the Secretary
1514+concerned solely by the Governor to such commissioned grade and with
1515+such rank as in the opinion of the Governor that former officer
1516+would have attained h ad he or she not been dismissed. The
1517+reappointment of such a former officer shall be without regard to
1518+the existence of a vacancy and shall affect the promotion status of
1519+other officers only insofar as the Governor may direct. All time
1520+between the dismissal and the reappointment shall be considered as
1521+actual service for all purposes, including the right to pay and
1522+allowances.
1523+D. The Governor or Adjutant General shall prescribe
1524+regulations, with such limitations as the Governor or Adjutant
1525+General considers appropriate, governing eligibility for pay and
1526+allowances for the period after the date on which an executed part
1527+of a court-martial sentence is set aside.
1528+SECTION 18. AMENDATORY 44 O.S. 2021, Section 905, is
1529+amended to read as follows:
1530+Section 905. RESERVED. ARTICLE 105. Forgery.
1531+Any person subject to the Oklahoma Uniform Code of Military
1532+Justice who, with intent to defraud:
1533+1. Falsely makes or alters any signature to, or any part of,
1534+any writing which would, if genuine, appa rently impose a legal
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1563-C. It shall be unlawful for any member of the state military
1564-forces to knowingly use or ingest marijuana or any substances or
1565-products derived from marijuana including, but not limited to, hemp,
1566-tetrahydrocannabinol, and cannabidiol.
1567-SECTION 20. AMENDATORY 44 O.S. 2021, Section 928B, is
1561+liability on another or change his or her legal right or liability
1562+to his or her prejudice; or
1563+2. Utters, offers, issues, or transfers such a writing, known
1564+by him or her to be so made or altered, is guilty of forgery and
1565+shall be punished as a court-martial may direct.
1566+SECTION 19. AMENDATORY 44 O.S. 20 21, Section 912A, is
15681567 amended to read as follows:
1569-Section 928B. RESERVED. Any person subject to the Oklahoma
1570-Uniform Code of Military Justice who:
1571-1. Commits a violent of fense against a spouse, an intimate
1572-partner, or an immediate family member of that person;
1573-2. With intent to threaten or intimidate a spouse, an intimate
1574-partner, or an immediate fami ly member of that person, commits an
1575-offense under this chapter against any person or property, including
1576-an animal;
1577-3. With intent to threaten or intimidate a spouse, an intimate
1578-partner, or an immediate family member of that person, violates a
1579-protection order;
1580-4. With intent to commit a violent offense against a spouse, a n
1581-intimate partner, or an immediate family member of that person,
1582-violates a protection order; or
1583-5. Assaults a spouse, an intimate partner, or an immediate
1584-family member of that pers on by strangling or suffocating,
1585-shall be punished as a court -martial may direct.
1568+Section 912A. ARTICLE 112A. Wrongful use, possession, etc., of
1569+controlled substances.
1570+A. Any person subject to t he Oklahoma Uniform Code of Military
1571+Justice who wrongfully uses, possesses, manufactures, distributes,
1572+imports into the customs territory of the United S tates, exports
1573+from the United States, or i ntroduces into an installa tion, vessel,
1574+vehicle, or aircraft used by or under the control of the Armed
1575+Forces of the United States or of the state military forces a
1576+substance described in subsection B of this sect ion shall be
1577+punished as a court-martial may direct.
1578+B. The substances referred to in subsection A of this section
1579+are the following:
1580+1. Opium, heroin, cocaine, amphetamine, lysergic acid
1581+diethylamide, methamphetamine, phencyclidine, barbituric acid, and
1582+marijuana and any compound or derivative o f any such substance;
1583+2. Any substance not specified in pa ragraph 1 of this
1584+subsection that is listed on a schedule of controlled substances
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1613-SECTION 21. AMENDATORY 44 O.S. 2021, Section 934, is
1611+prescribed by the President for the purposes of the Uniform Code of
1612+Military Justice, Title 10 of the United State s Code, Section 801,
1613+et seq.; and
1614+3. Any other substance n ot specified in paragraph 1 of this
1615+subsection or contained on a list prescribed by the President under
1616+paragraph 2 of this subsection that is listed in s chedules I through
1617+V of article 202 of the Controlled Substances Act, Title 21 of the
1618+United States Code, Section 812.
1619+C. It shall be unlawful for any member of the state military
1620+forces to knowingly use or ingest marijuana or any substances or
1621+products derived from marijuana including, but not limited to, hemp,
1622+tetrahydrocannabinol, and cannabidiol.
1623+SECTION 20. AMENDATORY 44 O.S. 2021, Section 928B, is
16141624 amended to read as follows:
1615-Section 934. ARTICLE 134. General article.
1616-Though not specifically mentioned in the Oklahoma Uniform Code
1617-of Military Justice, all disorders and neglects to the prejudice of
1618-good order and discipline in the state military forces, all conduct
1619-of a nature to bring discredit upon the state military forces, and
1620-crimes and offenses not capital, of which persons subject to the
1621-Code may be guilty, sh all be taken cognizance of by a general,
1622-special, or summary court -martial, according to the nature and
1623-degree of the offense, and shall be punished at the discretion of
1624-that court. However, where a crime constitutes an offense that
1625-violates both the Code and the criminal laws of the State of
1626-Oklahoma, jurisdiction over the offense shall be determined in
1627-accordance with Section 802 of this title (Article 2). This section
1628-shall encompass all specifically enumerated offenses included in
1629-Section 934 of Title 10 of the United States Code, including all
1630-amendments thereto adopted from time to time, except when such
1631-provisions are contrary to or inconsistent with the Code.
1632-SECTION 22. AMENDATORY 44 O.S. 2021, Section 937, is
1633-amended to read as follows:
1634-Section 937. ARTICLE 137. Articles to be explained.
1635-A. 1. The sections of the Oklahoma Uniform Code of Military
1636-Justice specified in paragraph 3 of this subsection shall be
1625+Section 928B. RESERVED. Any person subject to the Oklahoma
1626+Uniform Code of Military Justice who:
1627+1. Commits a violent offense against a spouse, an intima te
1628+partner, or an immediate family member of that person;
1629+2. With intent to threaten or intimidate a spouse, an intimate
1630+partner, or an immediate family member of that person, commits an
1631+offense under this chapter against any person or property, including
1632+an animal;
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1664-carefully explained, either orally or in writing, to each offic er
1665-and enlisted member at the time of, or within one hundred twenty
1666-(120) days after, the officer's or enlisted member's initial
1667-entrance into a duty status with the state military forces.
1668-2. Such articles shall be explained again:
1669-a. after the enlisted m ember has completed basic or
1670-recruit training, and
1671-b. at the time when the enlisted member reenlists within
1672-ninety (90) days of each re -enlistment.
1673-3. This subsection applies with res pect to Sections 802, 803,
1674-807-815, 825, 827, 831, 837, 838, 855, 877 -934, and 937-939 of this
1675-title (Articles 2, 3, 7 -15, 25, 27, 31, 37, 38, 55, 77 -134, and 137-
1676-139).
1677-B. The text of the Code and of the regulations prescribed
1678-pursuant to the Code shall be made available to an officer or
1679-enlisted member of the state military forces, upon request, for the
1680-officer's or enlisted member's personal examination. Electronic or
1681-online availability of the Code and of the regulations prescribed
1682-pursuant to the Code shall constitute availability for purposes of
1683-personal examination by o fficers or enlisted members of the state
1684-military forces.
1685-SECTION 23. NEW LAW A new section of law to be codified
1686-in the Oklahoma Statutes as Section 940C of Title 44, unless there
1687-is created a duplication in numbering, reads as foll ows:
1659+3. With intent to threaten or intimidate a spouse, an intimate
1660+partner, or an immediate family member of that person, viol ates a
1661+protection order;
1662+4. With intent to commit a violent offense against a spouse, an
1663+intimate partner, or an immedia te family member of that person,
1664+violates a protection order; or
1665+5. Assaults a spouse, an intimate partner, or an immediate
1666+family member of that person by strangling or suffocating,
1667+shall be punished as a court -martial may direct.
1668+SECTION 21. AMENDATORY 44 O.S. 2021, Section 934, is
1669+amended to read as follows:
1670+Section 934. ARTICLE 134. General article.
1671+Though not specifically ment ioned in the Oklahoma Uniform Code
1672+of Military Justice, all disorders and neglects to the prejudice o f
1673+good order and discipline in the state military forces, all conduct
1674+of a nature to bring dis credit upon the state military forces, and
1675+crimes and offenses not capital, of which persons subject to the
1676+Code may be guilty, sh all be taken cognizance of by a general,
1677+special, or summary court-martial, according to the nature and
1678+degree of the offense, and shall be punished at the discretion of
1679+that court. However, where a crime constitutes an offense that
1680+violates both the Code and the criminal laws of the St ate of
1681+Oklahoma, jurisdiction over the offense shall be determined in
1682+accordance with Section 802 of this title (Article 2). This section
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1709+shall encompass all specifically enumerated offenses included in
1710+Section 934 of Title 10 of the United States Code , including all
1711+amendments thereto adopted from time to time, except when such
1712+provisions are contrary to or inconsistent with the Code .
1713+SECTION 22. AMENDATORY 44 O.S. 2021, Section 93 7, is
1714+amended to read as follows:
1715+Section 937. ARTICLE 137. Articles to be explained.
1716+A. 1. The sections of the Oklahoma Uniform Code of M ilitary
1717+Justice specified in paragraph 3 of this subsection sha ll be
1718+carefully explained, either orally or in writ ing, to each officer
1719+and enlisted member at the time of, or within one hundred twenty
1720+(120) days after, the officer's or enlisted member's initial
1721+entrance into a duty status with the state military forces .
1722+2. Such articles shall be explained again:
1723+a. after the enlisted member has completed basic or
1724+recruit training, and
1725+b. at the time when the enlisted member reenlists within
1726+ninety (90) days of each re-enlistment.
1727+3. This subsection applies with respec t to Sections 802, 803,
1728+807-815, 825, 827, 831, 837 , 838, 855, 877-934, and 937-939 of this
1729+title (Articles 2, 3, 7-15, 25, 27, 31, 37, 38, 55, 77-134, and 137-
1730+139).
1731+B. The text of the Code an d of the regulations prescribed
1732+pursuant to the Code shall be m ade available to an officer or
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1759+enlisted member of t he state military forces, upon request, for the
1760+officer's or enlisted member's personal examination. Electronic or
1761+online availability of the Code and of the regulations prescribed
1762+pursuant to the Code sh all constitute availability for purposes of
1763+personal examination by officers or enlisted members of the state
1764+military forces.
1765+SECTION 23. NEW LAW A new section of law to be codified
1766+in the Oklahoma Statutes as Section 940C of Title 44, unless there
1767+is created a duplication in numbering, reads as foll ows:
17151768 ARTICLE 140C. Manual for Courts-Martial.
17161769 Manual for Courts-Martial, United States, including all
17171770 amendments thereto adopte d from time to time, except when such rules
17181771 are contrary to or inconsistent with the Oklahoma Uniform Code of
17191772 Military Justice, shall be adopted as the Oklahoma State Manual for
17201773 Courts-Martial.
17211774 SECTION 24. NEW LAW A new section of law to be codified
17221775 in the Oklahoma Statutes as Section 238 of Title 44, unless there is
17231776 created a duplication in numbering, reads as follows:
17241777 The co-located readiness and joint operating center facilities
17251778 constructed by the Military Department or on behalf of the Military
17261779 Department shall be named the "Benjamin T. Walkingstick National
17271780 Guard Complex".
17281781 SECTION 25. This act shall become effective November 1, 2024.
1729-COMMITTEE REPORT BY: COMMITTEE ON VETERANS AND MILITARY AFFAIRS
1730-April 3, 2024 - DO PASS AS AMENDED
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1808+Passed the House of Representatives the 13th day of March, 2024.
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1813+ Presiding Officer of the House
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1818+Passed the Senate the ___ day of __________, 2024.
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1823+ Presiding Officer of the Senate