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SENATE FLOOR VERSION
February 7, 2024
COMMITTEE SUBSTITUTE
FOR
SENATE BILL NO. 1384 By: Stanley of the Senate
and
West (Josh) of the House
An Act relating to the Oklahoma Veterans Com mission;
amending 72 O.S. 2021, Section 63.2 , which relates to
members of the Commission; eliminating certain
limitations on membership; modifying procedures for
appointment of members representing veterans ’
organizations; modifying qualifications of at -large
members; decreasing re quired number of appointee
submissions; modifying requirements for submission of
certain information by veterans’ organization;
establishing certain appointment procedure in case of
noncompliance by veterans ’ organizations; specifying
and modifying certain procedures for filling of
vacancies; specifying beginning and expiration date
of terms; imposing term limit on membership;
clarifying language; authorizing acting or interim
appointments under certain conditions; and declaring
an emergency.
BE IT ENACTED BY THE PEOP LE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 72 O.S. 2021, Section 63.2, is
amended to read as follows:
Section 63.2. A. The Oklahoma Veterans Commission shall
consist of nine (9) members , all of whom shall be honorably
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discharged veterans; provided, one of the members shall be a veteran
of the Vietnam Conflict and two shall be veterans of the Persian
Gulf Wars. The members shall be selected in the following ma nner:
The state executive board or committees of the veterans ’
organizations named in this section shall each submit to the
Governor a list of five persons qualified to serve as members of the
Oklahoma Veterans Co mmission. The members of the Commission shall
be appointed by the Governor with the advice and consent of the
Senate and shall serve at the p leasure of the Governor. All
appointments shall be broadly representative of the veterans of this
state in terms of age, gender, and race or ethnicity. The list
shall be submitted to the Governor not later than three (3) months
prior to the expiration of the terms of office of the members of the
Oklahoma Veterans Commission. The Governor sh all name one member
from each of the following Veterans’ groups: the American Legion;
the Veterans of Foreign Wars; the Disabled American Vet erans; the
Paralyzed Veterans of America; the Military Order of the Purple
Heart; and the National Guard Association of Oklahoma. The members
representing the American Legion and the Paralyzed Veterans of
America shall take office no later tha n July 1, 2015. The members
representing the Veterans of Foreign Wars and the Military Order of
the Purple Heart shall take o ffice no later than July 1, 2016. The
members representing the Disabled American Veterans and the Na tional
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Guard Association of Oklahoma shal l take office no later th an July
1, 2017.
B. 1. Except as provided by paragraph 3 of subsection C of
this section, the Governor shall appoint s ix of the members from
lists of names provided by the executive officer of each of the
following veterans’ organizations in accordance with paragraph 1 of
subsection C of this section :
a. the American Legion,
b. the Veterans of Foreign War s of the United States ,
c. the Disabled American Veterans,
d. the Paralyzed Veterans of America ,
e. the Military Order of the Purple Heart, and
f. the National Guard Association of Oklahoma .
2. The Governor shall also appoint three members at large , at
least one of whom shall have completed his or her military service
on or after September 11, 2001.
The executive officer of each veterans’ organization operating
within this state shall, on
C. Appointments to the Commission for the six members
representing veterans’ organizations shall be made as prescribed by
this subsection.
1. On or before January March 1 of the year in which the term
of the organization’s appointee’s term appointee expires, the
executive officer of the organization shall submit to the Secretary
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of State, the Governor, the President Pro Tempore of the Senate, and
the Speaker of the House of Representatives a copy of the
performance audit and the financial audit of the organization for
the immediately preceding fiscal year of the organization. Such
audits shall be conducted in accordance with auditing standards
generally accepted in the United States and shall c learly show the
total paid membership of the organization and shall be cert ified to
by a certified public accoun tant. Failure the following:
a. a list of three persons qualified to serve as members
of the Commission,
b. a certificate of goo d standing for the organization
issued by the Secretary of State ,
c. a copy of the organization ’s state and federal tax
returns for the immediately preceding tax year
including but not limited to the federal Return of
Organization Exempt From Income Tax (Form 990), and
d. a statement that describes the mission of the
organization and the services provided by the
organization and estimates to the best of the
executive officer’s knowledge the total number of
veterans the organization served in the preceding
calendar year.
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2. For each veterans’ organization that complies with paragraph
1 of this subsection, the Governor shall ap point a member to the
Commission from the list of names provided by the organization.
3. If the organization fails to comply with this section shall
render the organization ineligible to submit a nominee to the
Governor. The members of the Commission shall be appointe d by the
Governor with advice and consent of the Senate, and shall serve at
the pleasure of the Governor paragraph 1 of this subsection, the
Governor may appoint a member at large in lieu of a member
representing the particular organization for the duration of the
term. At the conclusion of the term, the appointment shall rev ert
to an appointee representin g the particular organization, subject to
the requirements and process provided by this subsection .
D. Any vacancy on the Commission resulting from any cause shall
be filled by appointment by the Governor for the remainder of the
term as provided by this subsection.
1. When a vacancy of one of the three at-large members on the
Commission occurs, the Governor shall promptly appoint a member at
large to fill the vacancy.
2. When a vacancy of one of the six members representing
veterans’ organizations on the Oklahoma Veterans Commission occurs,
the executive officer of the organization which is represented by
the vacant position shall , not later than thir ty (30) days after the
vacancy occurs, submit a list of five three names of qualified
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persons and all other information required by paragraph 1 of
subsection C of this section to the Governor. The
3. For each veterans’ organization that complies with paragraph
2 of this subsection, the Governor shall choose a replacement f rom
that the list provided by the organization . If the organization
fails to comply with paragraph 2 of this subsection, the Governor
may appoint a member at large in lieu of a member representing the
particular organization for the remainder of the unexpired term. At
the conclusion of the term, the appointmen t shall revert to an
appointee representing the particular organization, subject to the
requirements and process provided by subsection C of this section.
E. Current members of the Commission shall continue in office
until the expiration of their terms and until their suc cessors are
appointed and enter upon the duties of their offices.
F. Appointments shall be made for terms of three (3) years.
Terms shall begin and expire on July 1 of the respective years. No
member shall serve for more than two consecutive full terms.
G. 1. No person shall be appointed by the Governor who is
related by affinity or consanguinity within the third degree to any
person employed by the Oklahoma Department of Veterans Affairs.
2. Before any member app ointed as provided herein shal l enter
upon his or her duties as a member of th e Commission, he or she
shall take and subscribe to the oath of office as required by the
Constitution of this state.
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Present members of the Commi ssion shall continue in office until
the expiration of their terms and until their successors are
appointed and enter upon the duties of their offices. Appointments
shall be made for a three -year period. Any vacancy on the
Commission resulting from any cause sha ll be filled by appointm ent
by the Governor for the re mainder of the term as provided in this
section.
3. No member of the Oklahoma Veterans Commission shall be
employed by the Oklahoma Department of Veterans Affairs Department
during the time of his or her service on the Oklahoma Veterans
Commission nor shall any person who served as a member of the
Oklahoma Veterans Commission be employed by the Oklahoma Department
of Veterans Affairs Department subsequent to his or her s ervice on
the Commission for a period of two (2) years.
H. Notwithstanding any other provision of law, a person whose
nomination has been submitted to the Legislature to fill a vacancy
on the Commission that existed as of the effective date of this act
may be appointed to the Commission on an acting o r interim basis,
may assume the duties of the office, and may receive any
compensation or travel reimbursement allowed b y law for the position
pending confirmation by the Senate if the term of the former member
whose position is vacant has expired as of the effective date of
this act and if the nominee meets the qualifications prescribed by
this section.
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SECTION 2. It being immediately necessary for the preservation
of the public peace, health or safety, an emergenc y is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
COMMITTEE REPORT BY: COMMITTEE ON VETERANS AND MILITARY AFFAIRS
February 7, 2024 - DO PASS AS AMENDED BY CS