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1 STATE OF OKLAHOMA
1
2 2nd Session of the 60th Legislature (2026)
2
3 SENATE BILL 1376 By: Hines
3
4
4
5
5
6 AS INTRODUCED
6
7 An Act relating to the Oklahoma National Guard;
7 amending 44 O.S. 2021, Sections 26 and 243, as
8 amended by Sections 4 and 6, Chapter 344, O.S.L. 2025
8 (44 O.S. Supp. 2025, Sections 26 and 243), which
9 relate to authority under the Adjutant General and
9 the Governor's authority over state militia; removing
10 certain authority; allowing certain bequests to be
10 defined by the Adjutant General in certain
11 situations; requiring compensation to be provided by
11 the Oklahoma National Guard Supplemental Retirement
12 Pay Revolving Fund; amending Section 18, Chapter 344,
12 O.S.L. 2025 (44 O.S. Supp. 2025, Section 271), which
13 relates to the Oklahoma National Guard Supplemental
13 Retirement Pay Revolving Fund; providing certain
14 limitations for operability of certain fund; amending
14 44 O.S. Section 815, as amended by Section 7, Chapter
15 344, O.S.L. 2025 (44 O.S. Supp. 2025, Section 815),
15 which relates to the commanding officer's nonjudicial
16 punishment authority; providing certain requirements
16 for certain payments to be made; removing certain
17 requirements for reductions of certain pay grade;
17 providing certain time period to respond to certain
18 intent; amending Section 1, Chapter 390, O.S.L. 2025
18 (70 O.S. Supp. 2025, Section 14-140), which relates
19 to the Oklahoma National Guard CareerTech Assistance
19 Act; removing certain authority to promulgate
20 regulations; requiring certain member to exhaust
20 certain benefits before accessing certain funds;
21 amending Section 21, Chapter 344, O.S.L. 2025 (70
21 O.S. Supp. 2025, Section 14-142.1), which relates to
22 transfer of education assistance to dependents;
22 allowing certain member to transfer certain
23 entitlement; updating statutory references; updating
23 statutory language; repealing Section 20, Chapter
24 344, O.S.L. 2025 (70 O.S. Supp. 2025, Section 14-
24
Req. No. 2592 Page 1
1 142), which relates to education assistance;
1 providing an effective date; and declaring an
2 emergency.
2
3
3
4 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
4
5 SECTION 1. AMENDATORY 44 O.S. 2021, Section 26, as
5
6 amended by Section 4, Chapter 344, O.S.L. 2025 (44 O.S. Supp. 2025,
6
7 Section 26), is amended to read as follows:
7
8 Section 26. A. The Adjutant General shall be in control of the
8
9 Military Department of the State of Oklahoma, subordinate only to
9
10 the Governor. Within the limitations and under the provisions of
10
11 law, he or she shall supervise and direct the Oklahoma National
11
12 Guard within the service of the state and when under state control
12
13 in all of its organization, training and other activities; shall
13
14 receive and give effect to the orders of the Governor; and shall
14
15 perform such other military and defense duties, not otherwise
15
16 assigned by law, as the Governor may prescribe. The Adjutant
16
17 General shall have the authority to arm members of the state
17
18 military forces on military installations and other places under the
18
19 control of the Military Department with weaponry as the Adjutant
19
20 General deems necessary to adequately provide for the security of
20
21 the facilities and their occupants.
21
22 B. The Adjutant General, when absent from the state, may
22
23 temporarily delegate any authority vested under this title and any
23
24 such duties as an agency appointing authority to an Assistant
24
Req. No. 2592 Page 2
1 Adjutant General, other state officer or employee within the
1
2 Military Department of the State of Oklahoma. Such temporary
2
3 delegations of authority pursuant to this subsection shall be
3
4 accomplished in writing. The Adjutant General may also promulgate
4
5 regulations providing for the delegation of any such authority.
5
6 C. The Adjutant General shall develop, publish and maintain an
6
7 organizational chart depicting the chain of command between the
7
8 Adjutant General and the major commands of the Oklahoma National
8
9 Guard. Besides the major commands defined in Section 801 of this
9
10 title (Article 1), the Adjutant General, in his or her discretion,
10
11 may designate other military units within the Oklahoma National
11
12 Guard as major commands.
12
13 D. The organizational chart required in subsection C of this
13
14 section shall be updated no less than annually and shall include all
14
15 enlisted and officer billets assigned to joint forces force
15
16 headquarters and shall depict all existing command relationships
16
17 established by the Adjutant General within joint forces force
17
18 headquarters. The organizational chart required herein shall not be
18
19 considered a military publication within the meaning of Section 801
19
20 of this title (Article 1).
20
21 E. In accordance with all relevant requirements of the United
21
22 States Army, the United States Air Force or the National Guard
22
23 Bureau, the Adjutant General shall develop, publish and maintain an
23
24 enlisted and officer rating scheme for all enlisted and officer
24
Req. No. 2592 Page 3
1 billets assigned to joint forces force headquarters. The rating
1
2 scheme required herein shall not be considered a military
2
3 publication within the meaning of Section 801 of this title (Article
3
4 1).
4
5 F. Pursuant to the rules established by the Adjutant General,
5
6 the Military Department of the State of Oklahoma is authorized to
6
7 expend appropriated and nonappropriated funds to enhance recruiting
7
8 and retention efforts for the Oklahoma National Guard.
8
9 G. The Adjutant General may establish rules allowing the
9
10 Military Department of the State of Oklahoma to accept donations and
10
11 bequests to create a program for the benefit of members of the
11
12 Oklahoma National Guard. The Adjutant General may define the
12
13 purpose of any bequests as authorized by law.
13
14 H. The Adjutant General shall serve as the chief of all fire
14
15 protection units operating under the Oklahoma Military Department of
15
16 the State of Oklahoma and shall supervise and administer the fire
16
17 protection units in accordance with the rules and procedures
17
18 prescribed by the Military Department of the State of Oklahoma.
18
19 I. The Adjutant General shall serve as the chief commissioner
19
20 of all police units and officers appointed under the Oklahoma
20
21 Military Department of the State of Oklahoma. The Adjutant General
21
22 may appoint police officers in accordance with Section 230 of this
22
23 title.
23
24
24
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1 SECTION 2. AMENDATORY 44 O.S. 2021, Section 243, as
1
2 amended by Section 6, Chapter 344, O.S.L. 2025 (44 O.S. Supp. 2025,
2
3 Section 243), is amended to read as follows:
3
4 Section 243. A. The Governor is hereby authorized to prescribe
4
5 rules and regulations governing the enlistment, organization,
5
6 administration, equipment, discipline and discharge of the personnel
6
7 of such military forces; to requisition from the Secretary of
7
8 Defense such arms and equipment as may be in the possession of and
8
9 can be spared by the United States Department of Defense and to
9
10 extend thereto the facilities of state armories, Armed Forces
10
11 Reserve Centers, readiness centers, logistics, aviation, and
11
12 training facilities, warehouses and their equipment and such other
12
13 state premises and property as may be available for the purpose of
13
14 drill and instruction. Insofar as applicable, the procedure for the
14
15 enlistment, organization, pay, maintenance, equipment, and
15
16 discipline of such forces shall be in conformity with the law and
16
17 the rules and regulations governing and pertaining to the Oklahoma
17
18 National Guard; provided, that the officers and enlisted personnel
18
19 in the Oklahoma State Guard shall not receive any compensation or
19
20 monetary allowances from the state except when activated for state
20
21 active duty, as defined in Section 801 of this title, by order of
21
22 the Governor.
22
23 B. Members of the Oklahoma National Guard shall be considered
23
24 part of state military forces as defined in Section 801 of this
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Req. No. 2592 Page 5
1 title and shall be subject to the Oklahoma Uniform Code of Military
1
2 Justice.
2
3 C. Any full-time state employee that who serves in a military
3
4 capacity shall receive compensation equaling equivalent to the
4
5 compensation, benefits, entitlements, or other compensation received
5
6 by a full-time active-duty service member at the same rank and time
6
7 in grade in perpetuity but such compensation shall not be
7
8 transferable. Compensation under this subsection shall be funded by
8
9 the revolving fund established pursuant to Section 272 of Title 44
9
10 of the Oklahoma Statutes or other appropriated funds.
10
11 D. C. When prescribing the rules and regulations governing
11
12 enlistment, organization, administration, equipment, discipline and
12
13 discharge of the personnel of the Oklahoma State Guard or Oklahoma
13
14 National Guard, the Governor shall issue such rules and regulations
14
15 in the form of an executive order or in a series of such orders. An
15
16 executive order or a series of such orders prescribing the rules and
16
17 regulations governing enlistment, organization, administration,
17
18 equipment, discipline and discharge of the personnel of the Oklahoma
18
19 State Guard or Oklahoma National Guard shall also be published by
19
20 the Adjutant General as a military publication.
20
21 SECTION 3. AMENDATORY Section 18, Chapter 344, O.S.L.
21
22 2025 (44 O.S. Supp. 2025, Section 271), is amended to read as
22
23 follows:
23
24
24
Req. No. 2592 Page 6
1 Section 271. A. The provisions of this section shall not be
1
2 operative and no payments shall be made from the Oklahoma National
2
3 Guard Supplemental Retirement Pay Revolving Fund created in Section
3
4 19 272 of this act title until November 1, 2027 January 1, 2027, or
4
5 until funds are appropriated, whichever date is earlier.
5
6 B. The provisions of this section shall only be applicable to a
6
7 member of the Oklahoma National Guard who has accrued enough service
7
8 credit prior to the effective date of this act in order to retire
8
9 from the system maintained by the Defense Finance and Accounting
9
10 Service, or its successor in interest, for the benefit of members of
10
11 state National Guards national guards, but who has not attained the
11
12 required age prior to the effective date of this act November 1,
12
13 2025, in order to be paid the full amount of such benefit. No
13
14 member of the Oklahoma National Guard shall be eligible to receive a
14
15 payment pursuant to the provisions of this section unless the member
15
16 has completed twenty-five (25) years of military service, which
16
17 shall include at least five (5) years in the Oklahoma National
17
18 Guard, and retires as a member of the Oklahoma National Guard.
18
19 C. The provisions of this section shall not be applicable to
19
20 any person who retires with an active duty military pension is
20
21 receiving funds pursuant to 10 U.S.C., Section 12732.
21
22 D. The amount of the payment shall be determined as follows:
22
23
23
24
24
Req. No. 2592 Page 7
1 1. Determine the amount of retirement the member would receive
1
2 if the member had reached the age to accrue federal retirement
2
3 benefits based upon total points accrued;
3
4 2. If the members of the active duty military retirement system
4
5 were eligible for a cost-of-living adjustment for the year for which
5
6 the computation of the payment amount authorized by this section is
6
7 to be made, the cost-of-living adjustment amount in an annualized
7
8 form shall be added to the result of the computation in paragraph 1
8
9 of this subsection each year; and
9
10 3. The resulting amount shall be paid to the Oklahoma National
10
11 Guard member in twelve (12) equal monthly amounts with allowance as
11
12 required for rounding.
12
13 E. Any benefit payable to an eligible member of the Oklahoma
13
14 National Guard shall only be payable during the member's lifetime,
14
15 and no benefit authorized pursuant to the provisions of this section
15
16 shall be payable to a beneficiary other than amounts paid to a
16
17 member prior to the member's death which are payable to another
17
18 person pursuant to the provisions of a joint tenancy bank account
18
19 with a right of survivorship naming a person or persons as
19
20 beneficiary, a bank account with a transfer on death or payable on
20
21 death feature, an express trust, including, but not limited to, a
21
22 trust created by the payee member during his or her lifetime, a will
22
23 or the statute of intestate succession for distribution of the
23
24
24
Req. No. 2592 Page 8
1 assets of a person who does not otherwise provide for the
1
2 disposition of his or her assets after death.
2
3 F. The payment otherwise authorized pursuant to the provisions
3
4 of this act section may only be made to a person who has become
4
5 eligible to receive retirement benefits from the retirement system
5
6 under the supervision of the Defense Finance and Accounting Service,
6
7 or its successor in interest, as of the date the first payment
7
8 pursuant to this act section is authorized.
8
9 G. The payments authorized by this section shall be paid to the
9
10 eligible member until the member begins to receive federal
10
11 retirement benefits from the Defense Finance and Accounting Service,
11
12 or its successor in interest, but shall not be paid for any period
12
13 of time after such time period.
13
14 H. In the event the funds required for full payment to all
14
15 eligible members pursuant to the provisions of this section are not
15
16 sufficient, the payments to the eligible members shall be prorated
16
17 by dividing the total number of eligible members by the total amount
17
18 of available funds. The resulting quotient shall be multiplied by
18
19 the payment amount otherwise due to the eligible member and the
19
20 result of that computation shall be the reduced dollar amount paid
20
21 to each member for the applicable period. For any period of time
21
22 during which payments are prorated pursuant to this subsection, the
22
23 next increment of available funds shall be used to make payments to
23
24
24
Req. No. 2592 Page 9
1 the eligible members whose payment amounts were prorated to
1
2 compensate for the reduction made in the prior payment period.
2
3 SECTION 4. AMENDATORY 44 O.S. 2021, Section 815, as
3
4 amended by Section 7, Chapter 344, O.S.L. 2025 (44 O.S. Supp. 2025,
4
5 Section 815), is amended to read as follows:
5
6 Section 815. ARTICLE 15. Commanding officer's nonjudicial
6
7 punishment.
7
8 A. Except as provided in subsection B of this section, any
8
9 commanding officer may impose disciplinary punishments for minor
9
10 offenses arising under the punitive articles of the Oklahoma Uniform
10
11 Code of Military Justice without the intervention of a court-
11
12 martial.
12
13 B. Any commanding officer may limit or withhold the exercise of
13
14 nonjudicial punishment authority by subordinate commanders,
14
15 including limiting authority over certain categories of military
15
16 personnel or offenses. Likewise, individual cases may be reserved
16
17 by a superior commander. A superior authority may limit or withhold
17
18 any power that a subordinate might otherwise exercise under this
18
19 section.
19
20 C. Except as provided in subsection L of this section, the
20
21 Governor or Adjutant General may delegate the powers established
21
22 under this section to a commanding officer who is a member of the
22
23 state military forces and is also a member of the same force
23
24 component as the accused.
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Req. No. 2592 Page 10
1 D. Except as provided in subsection S of this section, any
1
2 commanding officer may impose upon enlisted members of the officer's
2
3 command:
3
4 1. An admonition;
4
5 2. A reprimand;
5
6 3. The withholding of privileges for not more than six (6)
6
7 months, which need not be consecutive;
7
8 4. The forfeiture of pay of not more than seven (7) days' pay;
8
9 5. A fine of not more than seven (7) days' pay;
9
10 6. A reduction to the next inferior pay grade, if the grade
10
11 from which demoted is within the promotion authority of the officer
11
12 imposing the reduction or any officer subordinate to the one who
12
13 imposes the reduction;
13
14 7. Extra duties, including fatigue or other duties, for not
14
15 more than fourteen (14) days, which need not be consecutive; and
15
16 8. Restriction to certain specified limits, with or without
16
17 suspension from duty, for not more than fourteen (14) days, which
17
18 need not be consecutive.
18
19 E. Except as provided in subsection S of this section, any
19
20 commanding officer of the grade of major or above may impose upon
20
21 enlisted members of the officer's command:
21
22 1. An admonition;
22
23 2. A reprimand;
23
24
24
Req. No. 2592 Page 11
1 3. The withholding of privileges for not more than six (6)
1
2 months, which need not be consecutive;
2
3 4. The forfeiture of not more than one-half (1/2) of one (1)
3
4 month's pay per month for two (2) months;
4
5 5. A fine of not more than one (1) month's pay;
5
6 6. A reduction to the lowest or any intermediate pay grade, if
6
7 the grade from which demoted is within the promotion authority of
7
8 the commanding officer imposing the reduction or any officer
8
9 subordinate to the one who imposes the reduction, but an enlisted
9
10 member in a pay grade above E-4 shall not be reduced more than two
10
11 pay grades;
11
12 7. Extra duties, including fatigue or other duties, for not
12
13 more than forty-five (45) days, which need not be consecutive; and
13
14 8. Restriction to certain specified limits, with or without
14
15 suspension from duty, for not more than sixty (60) days, which need
15
16 not be consecutive.
16
17 F. The Governor, the Adjutant General, or an officer exercising
17
18 general or special court-martial convening authority may impose:
18
19 1. Upon officers of the officer's command:
19
20 a. any punishment authorized in subsection E of this
20
21 section, except for the punishments provided in
21
22 paragraphs 6 and 7 of subsection E of this section,
22
23 and
23
24
24
Req. No. 2592 Page 12
1 b. arrest in quarters for not more than thirty (30) days,
1
2 which need not be consecutive; and
2
3 2. Upon enlisted members of the officer's command, any
3
4 punishment authorized in subsection E of this section.
4
5 Admonitions or reprimands given as nonjudicial punishment to
5
6 commissioned officers and warrant officers shall be administered in
6
7 writing. In all other cases, unless otherwise prescribed by
7
8 regulations promulgated by the Adjutant General, such punishments
8
9 may be administered either orally or in writing.
9
10 G. Whenever any punishments are combined to run consecutively,
10
11 the total length of the combined punishment shall not exceed the
11
12 authorized duration of the longest punishment included in the
12
13 combination, and there shall be an apportionment of punishments so
13
14 that no single punishment in the combination exceeds its authorized
14
15 length under this section.
15
16 H. Once the commanding officer has determined that nonjudicial
16
17 punishment is appropriate, the commanding officer shall provide
17
18 reasonable notice to the member of his or her intent to impose
18
19 nonjudicial punishment. At the time the commanding officer provides
19
20 notification as required in this subsection, the member shall be
20
21 entitled to examine all statements and other evidence that the
21
22 commander has examined and intends to rely upon as the basis for
22
23 punishment. The member shall be provided a copy of the documentary
23
24 evidence unless it is privileged, classified, or otherwise
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Req. No. 2592 Page 13
1 restricted by law, regulation, or instruction. At the time the
1
2 commanding officer provides notification as required in this
2
3 subsection, the commanding officer shall also inform the member as
3
4 to the quantum of punishment potentially to be imposed. While a
4
5 member undergoing nonjudicial punishment is not entitled to
5
6 representation by a duly appointed defense counsel, the member may
6
7 seek legal advice from any judge advocate available for this
7
8 purpose. Upon notification by the officer of his or her intent to
8
9 impose judicial punishment, the member shall provide a response
9
10 within forty-five (45) calendar days, or three (3) duty days if on
10
11 active duty.
11
12 I. The right to demand trial by court-martial in lieu of
12
13 nonjudicial punishment shall arise only when arrest in quarters or
13
14 restriction will be considered as punishments. If the commanding
14
15 officer determines that arrest in quarters or restriction will be
15
16 considered as punishments, prior to the offer of nonjudicial
16
17 punishment the member shall be notified in writing of the right to
17
18 demand trial by court-martial. Should the commanding officer
18
19 determine that the punishment options will not include arrest in
19
20 quarters or restriction, the member shall be notified that there is
20
21 no right to trial by court-martial in lieu of nonjudicial
21
22 punishment. Upon notification by the commanding officer of his or
22
23 her intent to impose nonjudicial punishment that includes arrest in
23
24 quarters or restriction, the member shall be afforded a reasonable
24
Req. No. 2592 Page 14
1 amount of time to confer with legal counsel and to prepare a
1
2 response.
2
3 J. The commanding officer who imposes the punishment, or his or
3
4 her successor in command, may at any time suspend, set aside,
4
5 mitigate or remit any part or amount of the punishment and restore
5
6 all rights, privileges and property affected. The commanding
6
7 officer may also mitigate:
7
8 1. Reduction in grade to forfeiture of pay;
8
9 2. Arrest in quarters to restriction; or
9
10 3. Extra duties to restriction.
10
11 The mitigated punishment shall not be for a greater period than
11
12 the punishment mitigated. When mitigating reduction in grade to
12
13 forfeiture of pay, the amount of the forfeiture shall not be greater
13
14 than the amount that could have been imposed initially under this
14
15 article section by the officer who imposed the punishment mitigated.
15
16 K. A person punished under this section who considers the
16
17 punishment unjust or disproportionate to the offense may, through
17
18 his or her chain of command, appeal to a senior officer designated
18
19 by the Adjutant General to adjudicate appeals arising from
19
20 nonjudicial punishment. A senior officer so designated by the
20
21 Adjutant General shall be a member of the same component of the
21
22 state military forces as the accused. An appeal made pursuant to
22
23 this subsection shall be lodged within fifteen (15) days after the
23
24 punishment is announced to the member. The commanding officer
24
Req. No. 2592 Page 15
1 exercising appellate authority may, at his or her discretion, extend
1
2 the deadline for an appeal. The appeal shall be promptly forwarded
2
3 and decided, and the member shall not be punished until the appeal
3
4 is decided. The senior officer designated by the Adjutant General
4
5 as exercising appellate authority may exercise the same powers with
5
6 respect to the punishment imposed as may be exercised under
6
7 subsection I of this section by the officer who imposed the
7
8 punishment. Before acting on an appeal from for a punishment, the
8
9 senior officer exercising appellate authority shall refer the case
9
10 to a judge advocate for consideration and advice. When a senior
10
11 officer is designated by the Adjutant General to adjudicate appeals
11
12 arising from nonjudicial punishment, such designation shall be
12
13 accomplished in writing and shall be considered a military
13
14 publication, as defined in Section 801 of this title (Article 1).
14
15 L. Except for nonjudicial punishment imposed by the Governor or
15
16 the Adjutant General, the final appellate authority for nonjudicial
16
17 punishment imposed within state military forces is the Adjutant
17
18 General. A person punished under this section whose appeal was
18
19 previously denied by a senior officer designated to adjudicate
19
20 appeals may, through his or her chain of command, lodge an
20
21 additional appeal with the Adjutant General within five (5) days
21
22 after the appeal is denied. In the event the officer imposing
22
23 nonjudicial punishment is a senior officer who is also designated to
23
24 adjudicate appeals arising from nonjudicial punishment, an appeal
24
Req. No. 2592 Page 16
1 thereof shall be addressed directly to the Adjutant General. In the
1
2 event the officer imposing nonjudicial punishment is the Adjutant
2
3 General, an appeal thereof shall be addressed directly to the
3
4 Governor. An appeal offered pursuant to this subsection shall be
4
5 made only in writing. Neither the Governor nor the Adjutant General
5
6 shall delegate his or her duties as an appellate authority under
6
7 this subsection.
7
8 M. Whenever nonjudicial punishment is imposed under this
8
9 section:
9
10 1. After adjudication and while the punishment is being carried
10
11 out or while the adjudged punishment is pending before the appellate
11
12 authority, the commander or officer in charge who imposed the
12
13 nonjudicial punishment, upon the request of the member officer, may:
13
14 a. excuse the member officer from attendance at scheduled
14
15 unit training assemblies, or
15
16 b. arrange for the member officer to drill on alternate
16
17 dates and in alternate locations; or
17
18 2. If necessary to maintain good order and discipline within
18
19 the unit, the commanding officer who imposed the nonjudicial
19
20 punishment may order the member to drill on alternate dates and in
20
21 alternate locations. The order shall be reduced to writing and
21
22 shall become part of the record of nonjudicial punishment.
22
23 N. The imposition and enforcement of disciplinary punishment
23
24 under this section for any act or omission shall not be a bar to
24
Req. No. 2592 Page 17
1 trial by court-martial or a civilian court of competent jurisdiction
1
2 for a crime or offense arising out of the same act or omission; but
2
3 the fact that a disciplinary punishment has been enforced may be
3
4 demonstrated by the member upon trial and, when so demonstrated, it
4
5 shall be considered in determining the measure of punishment to be
5
6 adjudged in the event of a finding or verdict of guilty.
6
7 Nonjudicial punishment shall not be imposed for an offense
7
8 previously tried by a civilian court unless so authorized by
8
9 regulations promulgated by the Adjutant General.
9
10 O. When nonjudicial punishment has been imposed for an offense,
10
11 punishment shall not again be imposed for the same offense under
11
12 this section. Once nonjudicial punishment has been imposed, it may
12
13 not be increased, upon appeal or otherwise. When a commanding
13
14 officer determines that nonjudicial punishment is appropriate for a
14
15 particular member, all known offenses determined to be appropriate
15
16 for disposition by nonjudicial punishment and ready to be considered
16
17 at that time, including all offenses arising from a single incident
17
18 or course of conduct, shall be considered together and shall not be
18
19 made the basis for multiple punishments. This subsection shall in
19
20 no way restrict the right of a commanding officer to prefer court-
20
21 martial charges for an offense previously punished under the
21
22 provisions of this section.
22
23 P. In accordance with subsection B of Section 843 of this title
23
24 (Article 43, subsection B), a person accused of an offense is not
24
Req. No. 2592 Page 18
1 liable to be punished under this section if the offense was
1
2 committed more than two (2) years before the imposition of
2
3 punishment. Periods in which the member is absent without authority
3
4 shall be excluded in computing the period of limitation prescribed
4
5 in this section.
5
6 Q. Whenever a punishment of forfeiture of pay is imposed under
6
7 this section, the forfeiture shall not apply to pay accruing before
7
8 the date that punishment is imposed, but only pay accruing on or
8
9 after the date that punishment is imposed.
9
10 R. The Adjutant General may promulgate regulations prescribing
10
11 the type and form of records to be kept of proceedings conducted
11
12 pursuant to this section. The Adjutant General may promulgate any
12
13 other regulations necessary to carry out the provisions of this
13
14 section.
14
15 S. For purposes of this section, no member of the Oklahoma
15
16 National Guard of the rank of E-8 or E-9 shall be reduced in rank
16
17 pursuant to this section except when the reduction results from
17
18 nonjudicial punishment imposed by an officer of the Oklahoma
18
19 National Guard of the rank of Brigadier General or by the Adjutant
19
20 General. When imposing nonjudicial punishment on enlisted persons
20
21 of the rank of E-7 or below, a commander or officer in charge who
21
22 possesses the rank of colonel may consider reduction in rank as a
22
23 possible punishment.
23
24
24
Req. No. 2592 Page 19
1 SECTION 5. AMENDATORY Section 1, Chapter 390, O.S.L.
1
2 2025 (70 O.S. Supp. 2025, Section 14-140), is amended to read as
2
3 follows:
3
4 Section 14-140. A. This act shall be known and may be cited as
4
5 the "Oklahoma National Guard CareerTech Assistance Act".
5
6 B. As used in this act the Oklahoma National Guard CareerTech
6
7 Assistance Act:
7
8 1. "Technology center school" means a technology center school
8
9 under the governance of the State Board of Career and Technology
9
10 Education;
10
11 2. "Eligible Guard member" means a current member of the
11
12 Oklahoma National Guard in good standing who has a high school
12
13 diploma or who has completed General Educational Development (GED)
13
14 requirements and who has enrolled in a technology center school; and
14
15 3. "Program" means the Oklahoma National Guard CareerTech
15
16 Assistance Program established pursuant to the provisions of this
16
17 section.
17
18 C. 1. There is hereby created the Oklahoma National Guard
18
19 CareerTech Assistance Program to provide assistance to eligible
19
20 Guard members who enroll in a technology center school. Subject to
20
21 the availability of funds, the amount of assistance shall be
21
22 equivalent to the amount of tuition for a career and technology
22
23 program in which the eligible Guard member is enrolled leading to
23
24
24
Req. No. 2592 Page 20
1 certification or licensure, not to exceed a maximum of three (3)
1
2 years.
2
3 2. Assistance provided pursuant to this section shall be
3
4 granted without any limitation other than the amount of funds
4
5 available for the program and the number of eligible Guard members
5
6 who apply, subject to any cap established by the Military Department
6
7 of the State of Oklahoma.
7
8 3. Assistance allowed by this section shall not be allowed for
8
9 courses taken in excess of the requirements for completion of a
9
10 technology center school program leading to certification or
10
11 licensure.
11
12 D. Assistance provided pursuant to this section shall be
12
13 allocated to the technology center school from the Oklahoma National
13
14 Guard CareerTech Assistance Revolving Fund created pursuant to
14
15 Section 2 14-141 of this act title.
15
16 E. To be eligible to apply for the program, an eligible Guard
16
17 member shall:
17
18 1. Have at least one (1) year remaining on his or her
18
19 enlistment contract at the beginning of any semester for which the
19
20 member applies for assistance pursuant to this section;
20
21 2. Agree in writing to complete his or her current service
21
22 obligation in the Oklahoma National Guard; and
22
23 3. Agree in writing to serve actively in good standing with the
23
24 Oklahoma National Guard for not less than twenty-four (24) months
24
Req. No. 2592 Page 21
1 after completion of the last semester for which the member receives
1
2 assistance pursuant to this section.
2
3 F. To retain eligibility for the program, an eligible Guard
3
4 member shall:
4
5 1. Maintain good academic standing and satisfactory progress
5
6 according to the standards of the technology center school in which
6
7 the member is enrolled;
7
8 2. Maintain the requirements for retention and completion as
8
9 established by the technology center school in which the member is
9
10 enrolled;
10
11 3. Maintain a minimum grade point of average of 2.0 on a 4.0
11
12 scale;
12
13 4. Maintain satisfactory participation in the Oklahoma National
13
14 Guard; and
14
15 5. Possess a Military Occupational Specialty (MOS) or Air Force
15
16 Specialty Code (AFSC) after his or her first semester.
16
17 G. An eligible Guard member seeking assistance pursuant to the
17
18 provisions of this section shall submit an application on a form
18
19 prescribed by the Military Department of the State of Oklahoma to
19
20 the Educational Service Office of the Military Department prior to
20
21 the semester for which assistance is sought. The eligible Guard
21
22 member's Commander commander or his or her designee shall confirm a
22
23 member's standing and eligibility to the technology center school in
23
24 which the student is enrolled. The Military Department may
24
Req. No. 2592 Page 22
1 establish a cap on the number of eligible Guard members allowed to
1
2 participate per semester per technology center school program.
2
3 H. The eligible Guard member's Commander commander may deny an
3
4 application submitted by an eligible Guard member for continued
4
5 program assistance if he or she fails to comply with the provisions
5
6 of paragraph 1, 2, 3, 4, or 5 of subsection F of this section.
6
7 I. An eligible Guard member seeking assistance pursuant to this
7
8 section who is eligible for federal education benefits for
8
9 vocational training shall exhaust all such federal benefits, when
9
10 available, first.
10
11 J. An eligible Guard member who has received program assistance
11
12 pursuant to the provisions of this section and who fails to comply
12
13 with the provisions of paragraph 4 of subsection F of this section
13
14 shall be required to repay an amount to be calculated as follows:
14
15 1. Determine the total amount of assistance provided pursuant
15
16 to the provisions of this section;
16
17 2. Divide the amount determined in paragraph 1 of this
17
18 subsection by twenty-four (24); and
18
19 3. Multiply the amount determined in paragraph 2 of this
19
20 subsection by the number of months the member did not fulfill the
20
21 requirements of paragraph 4 of subsection F of this section.
21
22 Repayments shall be deposited into the Oklahoma National Guard
22
23 CareerTech Assistance Revolving Fund created pursuant to Section 2
23
24 14-141 of this act title.
24
Req. No. 2592 Page 23
1 K. An eligible Guard member who has received program assistance
1
2 pursuant to the provisions of this section and who fails to comply
2
3 with the provisions of paragraph 4 of subsection F of this section
3
4 due to hardship circumstances may request a waiver from repayment.
4
5 A waiver request shall be submitted in writing to the Adjutant
5
6 General.
6
7 L. By July 1 annually, the State Board of Career and Technology
7
8 Education shall notify the Adjutant General of the amount of funding
8
9 available in the Oklahoma National Guard CareerTech Assistance
9
10 Revolving Fund created pursuant to Section 2 14-141 of this act
10
11 title.
11
12 M. The State Board of Career and Technology Education shall
12
13 promulgate rules to implement the provisions of this act the
13
14 Oklahoma National Guard CareerTech Assistance Act including
14
15 deadlines for submission of applications required by subsection G of
15
16 this section. The Military Department of the State of Oklahoma
16
17 shall promulgate regulations pertaining to the application process
17
18 and the determination of eligibility for the program. The Board and
18
19 the Department shall coordinate the promulgation of rules and
19
20 regulations, respectively. The Adjutant General may promulgate
20
21 regulations to implement the provisions of this act
21
22 N. An eligible Guard member seeking assistance pursuant to this
22
23 section who is eligible for federal education benefits for
23
24
24
Req. No. 2592 Page 24
1 vocational training shall exhaust all such federal benefits, when
1
2 available, first.
2
3 SECTION 6. AMENDATORY Section 21, Chapter 344, O.S.L.
3
4 2025 (70 O.S. Supp. 2025, Section 14-142.1), is amended to read as
4
5 follows:
5
6 Section 14-142.1. A. Subject to the provisions of this
6
7 section, the Adjutant General may permit a qualifying member
7
8 described in Section 18 of this act an eligible Guard member as
8
9 defined in Section 14-140 or 3231 of this title who is entitled to
9
10 education assistance under this act the Oklahoma National Guard
10
11 CareerTech Assistance Act to elect to transfer to one or more of the
11
12 dependents specified in subsection C of this section a portion of
12
13 such individual's entitlement to such assistance, subject to the
13
14 limitation under subsection D of this section.
14
15 B. An individual referred to in subsection A of this section is
15
16 any member of the uniformed services who, at the time of the
16
17 approval of the individual's request to transfer entitlement to
17
18 educational assistance under this section, has completed at least:
18
19 1. Six (6) years of service in the Oklahoma National Guard and
19
20 enters into an agreement to serve at least four (4) more years as a
20
21 member of the uniformed services; or
21
22 2. Twenty (20) years of service in the Oklahoma National Guard;
22
23 or
23
24
24
Req. No. 2592 Page 25
1 3. The years of service as determined in regulations pursuant
1
2 to subsection J of this section.
2
3 C. Eligible dependents.
3
4 1. An individual approved to transfer an entitlement to
4
5 educational assistance under this section may transfer the
5
6 individual's entitlement to an eligible dependent or a combination
6
7 of eligible dependents.
7
8 2. For purposes of this subsection, the term "eligible
8
9 dependent" has the meaning given to the term "dependent" under
9
10 subparagraphs A, D, and I of Section 1072(2)(A), (D), and (I) of
10
11 Title 10 of the United States Code.
11
12 D. Limitation of months of transfer.
12
13 The total number of months of entitlement transferred by an
13
14 individual under this section may not exceed thirty-six (36) months.
14
15 The Adjutant General may prescribe regulations that would limit the
15
16 months of entitlement that may be transferred under this section to
16
17 no less than eighteen (18) months.
17
18 E. Designation of transferee. An individual transferring an
18
19 entitlement to education assistance under this section shall:
19
20 1. Designate the dependent or dependents to whom such
20
21 entitlement is being transferred; and
21
22 2. Designate the number of months of such entitlement to be
22
23 transferred to such dependent.
23
24 F. Time for transfer; revocation and modification:
24
Req. No. 2592 Page 26
1 1. Subject to the time limitation for use of entitlement under
1
2 this act the Oklahoma National Guard CareerTech Assistance Act, and
2
3 except as provided in subsection K or L of this section, an
3
4 individual approved to transfer entitlement to educational
4
5 assistance under this section may transfer such entitlement only
5
6 while serving as a member of the Oklahoma National Guard when the
6
7 transfer is executed.
7
8 2. An individual transferring entitlement under this section
8
9 may modify or revoke at any time the transfer of any unused portion
9
10 of the entitlement so transferred. The modification or revocation
10
11 of the transfer of entitlement under this subsection shall be made
11
12 by the submittal of written notice of the action to the Adjutant
12
13 General and Governor.
13
14 3. Entitlement transferred under this section may not be
14
15 treated as marital property, or the asset of a marital estate,
15
16 subject to division in a divorce or other civil proceeding.
16
17 G. A dependent to whom entitlement to educational assistance is
17
18 transferred under this section may not commence the use of the
18
19 transferred entitlement until:
19
20 1. In the case of entitlement transferred to a spouse, the
20
21 completion by the individual making the transfer of at least:
21
22 a. six (6) years of service in the Oklahoma National
22
23 Guard, or
23
24
24
Req. No. 2592 Page 27
1 b. the years of service as determined in regulations
1
2 pursuant to subsection J of this section; or
2
3 2. In the case of entitlement transferred to a child, both:
3
4 a. the completion by the individual making the transfer
4
5 of at least:
5
6 (1) six (6) years of service in the Oklahoma National
6
7 Guard, or
7
8 (2) the years of service as determined in regulations
8
9 pursuant to subsection J of this section, or
9
10 b. either:
10
11 (1) the completion by the child of the requirements
11
12 of a secondary school diploma (or or equivalency
12
13 certificate) certificate, or
13
14 (2) the attainment by the child of eighteen (18)
14
15 years of age.
15
16 H. Additional Administrative Matters.
16
17 1. The use of any entitlement to educational assistance
17
18 transferred under this section shall be charged against the
18
19 entitlement of the individual making the transfer at the rate of one
19
20 (1) month for each month of transferred entitlement that is used.
20
21 2. Except as provided under paragraph 2 of subsection E of this
21
22 section and subject to paragraphs 5 and 6 of this subsection:
22
23 a. in the case of entitlement transferred to a spouse
23
24 under this section, the spouse is entitled to
24
Req. No. 2592 Page 28
1 educational assistance under this chapter the Oklahoma
1
2 National Guard CareerTech Assistance Act in the same
2
3 manner as the individual from whom the entitlement was
3
4 transferred as if the individual were not on active
4
5 duty, and
5
6 b. in the case of entitlement transferred to a child
6
7 under this section, the child is entitled to
7
8 educational assistance under this act the Oklahoma
8
9 National Guard CareerTech Assistance Act in the same
9
10 manner as the individual from whom the entitlement was
10
11 transferred as if the individual were not on active
11
12 duty.
12
13 3. The monthly rate of education assistance payable to a
13
14 dependent to whom entitlement referred to in paragraph 2 of this
14
15 subsection is transferred under this section shall be payable:
15
16 a. in the case of a spouse, at the same rate as such
16
17 entitlement would otherwise be payable under this act
17
18 the Oklahoma National Guard CareerTech Assistance Act
18
19 to the individual making the transfer as if the
19
20 individual were not on active duty, and
20
21 b. in the case of a child, at the same rate as such
21
22 entitlement would otherwise be payable under this act
22
23 the Oklahoma National Guard CareerTech Assistance Act
23
24
24
Req. No. 2592 Page 29
1 to the individual making the transfer as if the
1
2 individual were not on active duty.
2
3 4. Death of transferor: The death of an individual
3
4 transferring an entitlement under this section shall not affect the
4
5 use of the entitlement by the dependent to whom the entitlement is
5
6 transferred.
6
7 a. Death prior to transfer to designated transferees: In
7
8 the case of an eligible individual whom the Adjutant
8
9 General has approved to transfer the individual's
9
10 entitlement under this section who, at the time of
10
11 death, is entitled to educational assistance under
11
12 this act the Oklahoma National Guard CareerTech
12
13 Assistance Act and has designated a transferee or
13
14 transferees under subsection E of this section but has
14
15 not transferred all of such entitlement to such
15
16 transferee or transferees, the Adjutant General shall
16
17 transfer the entitlement of the individual under this
17
18 section by evenly distributing the amount of such
18
19 entitlement between all such transferees who would not
19
20 be precluded from using some or all of the transferred
20
21 benefits due to the expiration of time limitations
21
22 found in paragraph 5 of this subsection
22
23 notwithstanding the limitations under subsection F of
23
24 this section.
24
Req. No. 2592 Page 30
1 b. If a transferee cannot use all of the transferred
1
2 benefits under subparagraph a of this subsection
2
3 because of expiration of a time limitation, the unused
3
4 benefits will be distributed among the other
4
5 designated transferees who would not be precluded from
5
6 using some or all of the transferred benefits due to
6
7 expiration of time limitations found in paragraph 5 of
7
8 this subsection, unless or until there are no
8
9 transferees who would not be precluded from using the
9
10 transferred benefits because of expiration of a time
10
11 limitation.
11
12 5. Limitation on age of use by child transferees.
12
13 a. In general. A child to whom entitlement is
13
14 transferred under this section may use the benefits
14
15 transferred without regard to the fifteen-year
15
16 delimiting date specified in this act the Oklahoma
16
17 National Guard CareerTech Assistance Act, but may not,
17
18 except as provided in subparagraph b or c of this
18
19 paragraph, use any benefits so transferred after
19
20 attaining the age of twenty-six (26) years.
20
21 b. Primary caregivers of seriously injured members of the
21
22 armed forces and veterans.
22
23 (1) In general. Subject to division (2) of this
23
24 subparagraph, in the case of a child who, before
24
Req. No. 2592 Page 31
1 attaining the age of twenty-six (26) years, is
1
2 prevented from pursuing a chosen program of
2
3 education by reason of acting as the primary
3
4 provider of personal care services for a veteran
4
5 or member of the Oklahoma National Guard, the
5
6 child may use the benefits beginning on the date
6
7 specified in division (3) of this subparagraph
7
8 for a period whose length is specified in
8
9 division (4) of this subparagraph 6 of this
9
10 section.
10
11 (2) Inapplicability for revocation.
11
12 Division (1) of this subparagraph shall not apply with
12
13 respect to the period of an individual as a primary
13
14 provider of personal care services if the period concludes
14
15 with the revocation of the individual's designation as such
15
16 a primary provider.
16
17 (3) Date for commencement of use. The date specified
17
18 in this division for the beginning of the use of
18
19 benefits by a child under division (1) of this
19
20 subparagraph is the later of:
20
21 (a) the date on which the child ceases acting as
21
22 the primary provider of personal care
22
23 services for the veteran or member concerned
23
24
24
Req. No. 2592 Page 32
1 as described in division (1) of this
1
2 subparagraph,
2
3 (b) the date on which it is reasonably feasible,
3
4 as determined under regulations prescribed
4
5 by the Adjutant General, for the child to
5
6 initiate or resume the use of benefits, or
6
7 (c) the date on which the child attains the age
7
8 of twenty-six (26) years.
8
9 6. Length of use. The length of the period specified in this
9
10 paragraph for the use of benefits by a child under division (1) of
10
11 subparagraph b of paragraph 5 of this section is the length equal to
11
12 the length of the period that:
12
13 a. begins on the date on which the child begins acting as
13
14 the primary provider of personal care services for the
14
15 veteran or member concerned as described in division
15
16 (1) of subparagraph b of paragraph 5 of this section,
16
17 and
17
18 b. ends on the later of:
18
19 (1) the date on which the child ceases acting as the
19
20 primary provider of personal care services for
20
21 the veteran or member as described in division
21
22 (1) of subparagraph b of paragraph 5 of this
22
23 section, or
23
24
24
Req. No. 2592 Page 33
1 (2) the date on which it is reasonably feasible, as
1
2 so determined, for the child to initiate or
2
3 resume the use of benefits; or
3
4 c. in any case in which the Adjutant General determines
4
5 that an individual to whom entitlement is transferred
5
6 under this section has been prevented from pursuing
6
7 the individual's chosen program of education before
7
8 the individual attains the age of twenty-six (26)
8
9 years because the educational institution or training
9
10 established establishment closed (temporarily,
10
11 temporarily or permanently) permanently, under an
11
12 established policy based on an executive order of the
12
13 Governor or due to an emergency situation, the
13
14 Adjutant General shall extend the period during which
14
15 the individual may use such entitlement for a period
15
16 equal to the number of months that the individual was
16
17 so prevented from pursuing the program of education,
17
18 as determined by the Adjutant General.
18
19 7. The purposes for which a dependent to whom entitlement is
19
20 transferred under this section may use such entitlement shall
20
21 include the pursuit and completion of the requirements of a
21
22 secondary school diploma (or or equivalency certificate)
22
23 certificate.
23
24
24
Req. No. 2592 Page 34
1 8. The administrative provisions of this act the Oklahoma
1
2 National Guard CareerTech Assistance Act shall apply to the use of
2
3 entitlement transferred under this section, except that the
3
4 dependent to whom the entitlement is transferred shall be treated as
4
5 the eligible individual for purposes of such provisions.
5
6 I. Overpayment.
6
7 1. Subject to paragraph 2 of this subsection, in the event of
7
8 an overpayment of educational assistance with respect to a dependent
8
9 to whom entitlement is transferred under this section, the dependent
9
10 and the individual making the transfer shall be jointly and
10
11 severally liable to the State of Oklahoma for the amount of the
11
12 overpayment.
12
13 2. Failure to complete service agreement.
13
14 a. Except as provided in subparagraph b of this
14
15 paragraph, if If an individual transferring
15
16 entitlement under this section fails to complete the
16
17 service agreed to by the individual under division (1)
17
18 of subsection b of this paragraph in accordance with
18
19 the terms of the agreement of the individual under
19
20 that subsection pursuant to this section, the amount
20
21 of any transferred entitlement under this section that
21
22 is used by a dependent of the individual as of the
22
23 date of such failure shall be treated as an
23
24 overpayment of educational assistance for which the
24
Req. No. 2592 Page 35
1 individual shall be solely liable to the State of
1
2 Oklahoma for the amount of the overpayment for
2
3 purposes of this act in the case of an individual who
3
4 fails to complete service agreed to by the individual:
4
5 (1) by reason of death of the individual, or
5
6 (2) for a reason referred to in this act the Oklahoma
6
7 National Guard CareerTech Assistance Act.
7
8 J. Regulations.
8
9 1. The Adjutant General shall prescribe regulations for
9
10 purposes of this section.
10
11 2. Such regulations shall specify:
11
12 a. the manner of authorizing the transfer of entitlements
12
13 under this section,
13
14 b. the eligibility criteria in accordance with subsection
14
15 B of this section, and
15
16 c. the manner and effect of an election to modify or
16
17 revoke a transfer of entitlement under paragraph 2 of
17
18 subsection F of this section.
18
19 3. The Adjutant General may not prescribe any regulation that
19
20 would provide for a limitation on eligibility to transfer unused
20
21 education benefits to family members based on a maximum number of
21
22 years in the Oklahoma National Guard.
22
23 K. In the case of a dependent to whom entitlement to
23
24 educational assistance is transferred under this section who dies
24
Req. No. 2592 Page 36
1 before using all of such entitlement, the individual who transferred
1
2 the entitlement to the dependent may transfer any remaining
2
3 entitlement to a different eligible dependent, notwithstanding
3
4 whether the individual is serving as a member of the Armed Forces
4
5 when such transfer is executed.
5
6 L. In the case of an individual who transfers entitlement to
6
7 educational assistance under this section who dies before the
7
8 dependent to whom entitlement to educational assistance is so
8
9 transferred has used all of such entitlement, such dependent may
9
10 transfer such entitlement to another eligible dependent in
10
11 accordance with the provisions of this section.
11
12 SECTION 7. REPEALER Section 20, Chapter 344, O.S.L. 2025
12
13 (70 O.S. Supp. 2025, Section 14-142), is hereby repealed.
13
14 SECTION 8. This act shall become effective July 1, 2026.
14
15 SECTION 9. It being immediately necessary for the preservation
15
16 of the public peace, health or safety, an emergency is hereby
16
17 declared to exist, by reason whereof this act shall take effect and
17
18 be in full force from and after its passage and approval.
18
19
19
20 60-2-2592 CAD 12/30/2025 4:46:24 PM
20
21
21
22
22
23
23
24
24
Req. No. 2592 Page 37Every fact on this page links to its source, starting with the official bill record.