Oklahoma 2024 Regular Session

Oklahoma Senate Bill SB1384 Compare Versions

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4		-	An Act
5		-	ENROLLED SENATE
	29	+	HOUSE OF REPRESENTATIVES - FLOOR VERSION
	30	+
	31	+	STATE OF OKLAHOMA
	32	+
	33	+	2nd Session of the 59th Legislature (2024)
	34	+
	35	+	ENGROSSED SENATE
6	36		BILL NO. 1384 By: Stanley of the Senate
7	37
8	38		and
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10	40		West (Josh) of the House
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15	45		An Act relating to the Oklahoma Veterans Commission;
16	46		amending 72 O.S. 2021, Section 63.2, which relates to
17	47		members of the Commission; eliminating certain
18	48		limitations on membership; modifying procedures for
19	49		appointment of members representing veterans ’
20	50		organizations; modifying qualifications of at -large
21	51		members; decreasing required number of appointee
22	52		submissions; modifying requirements for submission of
23	53		certain information by veterans’ organization;
24	54		establishing certain appointment procedure in case of
25	55		noncompliance by veterans ’ organizations; specifying
26	56		and modifying certain procedures for filling of
27	57		vacancies; specifying beginning and expiration date
28	58		of terms; imposing term limit on membership;
29	59		clarifying language; authorizing acting or interim
30	60		appointments under certain conditions; and declaring
31	61		an emergency.
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36		-	SUBJECT: Oklahoma Veterans Commission
37	66
38	67		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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40	68		SECTION 1. AMENDATORY 72 O.S. 2021, Section 63.2, is
41	69		amended to read as follows:
42		-
43	70		Section 63.2. A. The Oklahoma Veterans Commission shall
44	71		consist of nine (9) members , all of whom shall be honorably
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45	99		discharged veterans; provided, one of the members shall be a veteran
46	100		of the Vietnam Conflict and two shall be veterans of the Persian
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48		-	ENR. S. B. NO. 1384 Page 2
49	101		Gulf Wars. The members shall be selected in the following manner:
50	102		The state executive boar d or committees of the veterans ’
51	103		organizations named in this section shall each submit to the
52	104		Governor a list of five persons qualified to serve as members of the
53	105		Oklahoma Veterans Commission . The members of the Commission shall
54	106		be appointed by the Govern or with the advice and consent of the
55	107		Senate and shall serve at the pleasure of the Governor . All
56	108		appointments shall be broadly representative of the veterans of this
57	109		state in terms of age, gender, and race or ethnicity . The list
58	110		shall be submitted to th e Governor not later than three (3) months
59	111		prior to the expiration of the terms of office of the members of the
60	112		Oklahoma Veterans Commission. The Governor shall name one member
61	113		from each of the following Veterans ’ groups: the American Legion;
62	114		the Veterans of Foreign Wars; the Disabled American Veterans; the
63	115		Paralyzed Veterans of America; the Military Order of the Purple
64	116		Heart; and the National Guard Association of Oklahoma. The members
65	117		representing the American Legion and the Paralyzed Veterans of
66	118		America shall take office no later than July 1, 2015. The members
67	119		representing the Veterans of Foreign Wars an d the Military Order of
68	120		the Purple Heart shall take office no later than July 1, 2016. The
69	121		members representing the Disabled American Veterans and the National
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70	149		Guard Association of Oklahoma shall take office no later than July
71	150		1, 2017.
72		-
73	151		B. 1. Except as provided by paragraph 3 of subsection C of
74	152		this section, the Governor shall appoint six of the members from
75	153		lists of names provided by the executive off icer of each of the
76	154		following veterans’ organizations in accordance with paragraph 1 of
77	155		subsection C of this section:
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79	156		a. the American Legion,
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81	157		b. the Veterans of Foreign Wars of the United States,
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83	158		c. the Disabled American Veterans,
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85	159		d. the Paralyzed Veterans of America,
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87	160		e. the Military Order of the Purple Heart, and
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89	161		f. the National Guard Association of Oklahoma .
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91		-
92		-	ENR. S. B. NO. 1384 Page 3
93	162		2. The Governor shall also appoint three members at large , at
94	163		least one of whom shall have completed his or her military service
95	164		on or after September 11, 2001.
96		-
97	165		The executive officer of each veterans ’ organization operating
98	166		within this state shall, on
99		-
100	167		C. Appointments to the Commission for the six members
101	168		representing veterans ’ organizations shall be made as prescribed by
102	169		this subsection.
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104	170		1. On or before January March 1 of the year in which the term
105	171		of the organization’s appointee’s term appointee expires, the
106	172		executive officer of the organization shall submit to the Secretary
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107	200		of State, the Governor, the President Pro Tempore of the Senate, and
108	201		the Speaker of the House of Representatives a copy of the
109	202		performance audit and the financial audit of the orga nization for
110	203		the immediately preceding fiscal year of the organization. Such
111	204		audits shall be conducted in accordance with auditing standards
112	205		generally accepted in the United States and shall clearly show the
113	206		total paid membership of the organization and s hall be certified to
114	207		by a certified public accountant . Failure the following:
115		-
116	208		a. a list of three persons qualified to serve as members
117	209		of the Commission,
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119	210		b. a certificate of good standing for the organization
120	211		issued by the Secretary of State,
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122	212		c. a copy of the organization’s state and federal tax
123	213		returns for the immediately preceding tax year
124	214		including but not limited to the federal Return of
125	215		Organization Exempt From Income Tax (Form 990), and
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127	216		d. a statement that describes the mission of the
128	217		organization and the services provided by the
129	218		organization and estimates to the best of the
130	219		executive officer’s knowledge the total number of
131	220		veterans the organizatio n served in the preceding
132	221		calendar year.
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135		-	ENR. S. B. NO. 1384 Page 4
136	249		2. For each veterans ’ organization that complies with paragraph
137	250		1 of this subsection, the Governor shall appoint a member to the
138	251		Commission from the list of names provided by the organization.
139		-
140	252		3. If the organizati on fails to comply with this section shall
141	253		render the organization ineligible to submit a nominee to the
142	254		Governor. The members of the Commission shall be appointed by the
143	255		Governor with advice and consent of the Senate, and shall serve at
144	256		the pleasure of the Governor paragraph 1 of this subsection, the
145	257		Governor may appoint a member at large in lieu of a membe r
146	258		representing the particular organization for the duration of the
147	259		term. At the conclusion of the term, the appointment shall revert
148	260		to an appointee representing the particular organization, subject to
149	261		the requirements and process provided by this subsect ion.
150		-
151	262		D. Any vacancy on the Commission resulting from any cause shall
152	263		be filled by appointment by the Governor for the remainder of the
153	264		term as provided by this subsection.
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155	265		1. When a vacancy of one of the three at -large members on the
156	266		Commission occurs, t he Governor shall promptly appoint a member at
157	267		large to fill the vacancy.
158		-
159	268		2. When a vacancy of one of the six members representing
160	269		veterans’ organizations on the Oklahoma Veterans Commission occurs,
161	270		the executive officer of the organization which is represented by
162	271		the vacant position shall , not later than thirty (30) days after the
163	272		vacancy occurs, submit a list of five three names of qualified
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164	300		persons and all other information required by paragraph 1 of
165	301		subsection C of this section to the Governor. The
166		-
167	302		3. For each veterans’ organization that complies with paragraph
168	303		2 of this subsection, the Governor shall choose a replacement from
169	304		that the list provided by the organization. If the organization
170	305		fails to comply with paragraph 2 of this subsection, the Gove rnor
171	306		may appoint a member at large in lieu of a member representing the
172	307		particular organization for the remainder of the unexpired term. At
173	308		the conclusion of the term, the appointment shall revert to an
174	309		appointee representing the particular organization, subject to the
175	310		requirements and process provided by subsection C of this section .
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178		-	ENR. S. B. NO. 1384 Page 5
179	311		E. Current members of the Commission shall continue in office
180	312		until the expiration of their terms and until their successors are
181	313		appointed and enter upon the duties of their offices.
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183	314		F. Appointments shall be made for terms of three (3) years.
184	315		Terms shall begin and expire on July 1 of the respective year s. No
185	316		member shall serve for more than two consecutive full terms.
186		-
187	317		G. 1. No person shall be appointed by the Governor wh o is
188	318		related by affinity or consanguinity within the third degree to any
189	319		person employed by the Oklahoma Department of Veterans Affairs.
190		-
191	320		2. Before any member appointed as provided herein shall enter
192	321		upon his or her duties as a member of the Commission, he or she
193	322		shall take and subscribe to the oath of office as required by the
194	323		Constitution of this state.
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196	351		Present members of the Commission shall continue in office until
197	352		the expiration of their terms and until their successors are
198	353		appointed and enter upon the duties of their offices. Appointments
199	354		shall be made for a three -year period. Any vacancy on the
200	355		Commission resulting from any cause shall be filled by appointment
201	356		by the Governor for the remainder of the term as provided in this
202	357		section.
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204	358		3. No member of the Oklahoma Veterans Commission shall be
205	359		employed by the Oklahoma Department of Veterans Affairs Department
206	360		during the time of his or her service on the Oklahoma Veterans
207	361		Commission nor shall any person who served as a member of the
208	362		Oklahoma Veterans Commission be employed by the Oklahoma Department
209	363		of Veterans Affairs Department subsequent to his or her service on
210	364		the Commission for a period of two ( 2) years.
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212	365		H. Notwithstanding any other provision of law, a person whose
213	366		nomination has been submitted to the Legislature to fill a vacancy
214	367		on the Commission that existed as of the effective date of this act
215	368		may be appointed to the Commission on an acting or interim basis,
216	369		may assume the duties of the office , and may receive any
217	370		compensation or travel reimbur sement allowed by law for the position
218	371		pending confirmation by the Senate if the term of the former member
219	372		whose position is vacant has expired as of t he effective date of
220		-
221		-	ENR. S. B. NO. 1384 Page 6
222	373		this act and if the nominee meets the qualifications prescribed by
223	374		this section.
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224	401
225	402		SECTION 2. It being immediately necessary for the preservation
226	403		of the public peace, health or safety, an emergency is hereby
227	404		declared to exist, by reason whereof this act shall take effect and
228	405		be in full force from and after its passage and a pproval.
229	406
230		-
231		-	ENR. S. B. NO. 1384 Page 7
232		-	Passed the Senate the 5th day of March, 2024.
233		-
234		-
235		-
236		-	Presiding Officer of the Senate
237		-
238		-
239		-	Passed the House of Representatives the 15th day of April, 2024.
240		-
241		-
242		-
243		-	Presiding Officer of t he House
244		-	of Representatives
245		-
246		-	OFFICE OF THE GOVERNOR
247		-	Received by the Office of the Governor this _______ _____________
248		-	day of _________________ __, 20_______, at _______ o'clock _______ M.
249		-	By: _________________________________
250		-	Approved by the Governor of the State of Oklahoma this _______ __
251		-	day of _________________ __, 20_______, at _______ o'clock _______ M.
252		-
253		-	_________________________________
254		-	Governor of the State of Oklahoma
255		-
256		-
257		-	OFFICE OF THE SECRETARY OF STATE
258		-	Received by the Office of the Secretary of State this __________
259		-	day of _________________ _, 20 _______, at _______ o'clock _______ M.
260		-	By: _________________________________
	407	+	COMMITTEE REPORT BY: COMMITTEE ON VETERANS AND MILITARY AFFAIRS,
	408	+	dated 04/02/2024 - DO PASS.