ENROLLED HOUSE
BILL NO. 2292	By:	Duncan and Ritze of the House

			    and

		Russell of the Senate

An Act relating to the Oklahoma Military Department; authorizing Adjutant General to receive certain donated or appropriated funds; authorizing the expenditure of certain funds for certain purposes; limiting expenditure; amending 44 O.S. 2001, Section 21, which relates to the Military Department; establishing a joint headquarters; amending 44 O.S. 2001, Section 71, which relates to duty of an officer; limiting timeframe for certain duties; updating language; amending 44 O.S. 2001, Section 74, which relates to pay and allowances; authorizing Adjutant General to determine certain compensation and benefits; amending Section 1, Chapter 240, O.S.L. 2005 (44 O.S. Supp. 2009, Section 77), which relates to life insurance; allowing for administration of state funds; amending 44 O.S. 2001, Section 192, which relates to military medals; modifying award types; allowing for certain rules and procedures; deleting approval by Board of Officers; amending 44 O.S. 2001, Section 232.7, as amended by Section 5, Chapter 254, O.S.L. 2006 (44 O.S. Supp. 2009, Section 232.7), which relates to the management of armory board funds; providing authority for Adjutant General to expend certain funds for furnishings; adding certain facilities to locations under board control; amending Section 1, Chapter 238, O.S.L. 2005 (44 O.S. Supp. 2009, Section 237), which relates to the Oklahoma National Guard Relief Program; allowing for additional support; modifying purpose of review board; authorizing the appointment of the review board by the Adjutant General; designating membership of the review board; deleting current review board membership; authorizing establishment of meeting procedures by the Adjutant General; amending 44 O.S. 2001, Section 245, which relates to persons not to be commissioned or enlisted; deleting limitation of non-citizens; repealing 44 O.S. 2001, Sections 44, 50, 193, 195.1, 195.2, 195.3, 195.4, 195.5, as amended by Section 1, Chapter 172, O.S.L. 2008 (44 O.S. Supp. 2009, Section 195.5), 195.6, 195.7, and 195.8; providing for codification; and declaring an emergency.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:

SECTION 1.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 26.1 of Title 44, unless there is created a duplication in numbering, reads as follows:

The Adjutant General may receive financial donations and expend such donated funds or utilize state appropriated funds for mementos, presentations or participation in events designed to promote the interests and relationships of the Military Department or Oklahoma National Guard, specifically, but not limited to, the State Partnership Program.  A full and complete record of such donated funds received and disbursed by the Military Department shall be kept and shall be subject to audit, and reports submitted to the Adjutant General upon request.  Such expenditures shall be limited to Three Hundred Dollars ($300.00) per occasion and shall not exceed Two Thousand Five Hundred Dollars ($2,500.00) per year.

SECTION 2.     AMENDATORY     44 O.S. 2001, Section 21, is amended to read as follows:

Section 21.  The Military Department of the State of Oklahoma is hereby established and shall be administered and controlled by the Governor as Commander in Chief, with the Adjutant General as the executive and administrative head thereof.  The Military Department is hereby organized into a joint headquarters with separate departments branches for the Army National Guard and the Air National Guard, and there shall be assigned to each, department such officers, enlisted men and employees as may be considered necessary by the Governor as Commander in Chief and as may be authorized by law and Army National Guard regulations and Air National Guard regulations.

SECTION 3.     AMENDATORY     44 O.S. 2001, Section 71, is amended to read as follows:

Section 71.  Each detachment and unit in the National Guard shall assemble for drill and instruction, including indoor target practice, not less than forty‑eight (48) times each year, and shall, in addition thereto, participate in encampments, maneuvers, or other exercises, including outdoor target practice, at least fifteen (15) days in training each year, including target practice, unless such unit or detachment shall have been excused from any participation in any part thereof by the Governor.  It shall be the duty of each commissioned officer and enlisted man or airman person of the Oklahoma National Guard to be present and perform all the duties required of him or her at each assembly for drill and instruction, encampment, maneuvers or other exercises, unless regularly excused by competent authority.  Any employer who refuses to permit an employee who may be a member of the National Guard of this state to attend any drill, ceremony, exercise, or any duty which he or she may be legally called upon to perform shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than Fifty Dollars ($50.00) nor more than Two Hundred Dollars ($200.00), or by imprisonment for not less than ten (10) days, nor more than sixty (60) days in the county jail, or by both such fine and imprisonment.

SECTION 4.     AMENDATORY     44 O.S. 2001, Section 74, is amended to read as follows:

Section 74.  Officers and enlisted men and women while in active service of the state shall receive the same pay as paid for the same rank or grade for service in the Army or Air Force of the United States.  Officers and enlisted men and women while in active service of the state shall receive the same allowances as paid for the same rank or grade of service in the Army or Air Force of the United States, unless the State of Oklahoma provides lodging quarters and meals for those personnel The Adjutant General is authorized to make and publish policy to determine the amount of compensation and benefits for members of the Oklahoma National Guard serving in active service of the state and prescribe the applicable rules and procedures.

SECTION 5.     AMENDATORY     Section 1, Chapter 240, O.S.L. 2005 (44 O.S. Supp. 2009, Section 77), is amended to read as follows:

Section 77.  The Adjutant General is hereby authorized to administer, determine eligibility and expend state funds specifically appropriated by the Legislature for payment/reimbursement of insurance premiums to provide coverage up to the amount of Two Hundred Fifty Thousand Dollars ($250,000.00) under Serviceman’s Group Life Insurance (SGLI) or State Sponsored Life Insurance (SSLI) for the military members of the Oklahoma Army and Air National Guard.  Qualification for this insurance benefit is limited to military members of the Oklahoma Army and Air National Guard who are in good standing in their unit and satisfactorily performing all required training.

SECTION 6.     AMENDATORY     44 O.S. 2001, Section 192, is amended to read as follows:

Section 192.  The Adjutant General is authorized to establish, design and award, without regard to military status, state military medals, ribbons, certificates, or any other awards and or decorations provided for in this act shall be of a character and design which shall be decided upon and approved by a Board of Officers of the federally recognized Oklahoma National Guard selected by the Adjutant General by order of the Governor, the duty of which Board shall be to select proper and appropriate designs for medals and ribbons and symbols which will reflect the history and traditions of the State of Oklahoma and prescribe by policy the applicable rules and procedures.

SECTION 7.     AMENDATORY     44 O.S. 2001, Section 232.7, as amended by Section 5, Chapter 254, O.S.L. 2006 (44 O.S. Supp. 2009, Section 232.7), is amended to read as follows:

Section 232.7  Armory board funds shall be controlled, deposited, expended and accounted for at the direction of the Adjutant General.  A full and complete record of funds received and disbursed by the armory board shall be kept and shall be subject to audit, and reports submitted to the Adjutant General upon request.  The Adjutant General may expend armory board revenue received for the improvement, including street improvement, alterations, furnishings, repair and maintenance of the armory and facilities under its control and may further expend such funds for the benefit of state military organizations assigned thereto.  If such funds are not needed for the operation, repair, and maintenance of the armory or facilities or if no military organization is assigned to the armory or facility, the Adjutant General may order such funds to be turned over to the Adjutant General and expend such funds for the benefit of the National Guard of the state as a whole.

SECTION 8.     AMENDATORY     Section 1, Chapter 238, O.S.L. 2005 (44 O.S. Supp. 2009, Section 237), is amended to read as follows:

Section 237.  A.  The Military Department of the State of Oklahoma shall create the Oklahoma National Guard Relief Program.  This The program is being created for the purpose of providing financial relief for approved expenses to qualified, morale, welfare and recreation support to members of the Oklahoma National Guard.

B.  A review board shall be created for purposes of accepting applications and donations for relief and distributing financial, morale, welfare, and recreation support and to direct the distribution of program monies accrued to those members with qualifying expenses.  The board shall consist of:

1.  The Adjutant General;

2.  The Commanding Sergeant Major of the Army National Guard; and

3.  The Chief Master Sergeant of the Air National Guard Adjutant General shall appoint current and former members or their spouses of the Oklahoma National Guard to serve as board members without compensation or reimbursement of travel or personal expenses.

C.  Procedures The Adjutant General is authorized to establish procedures for meetings, qualifying expenses, approvals, and minimum criteria for accepting applications shall be developed by the review board funding financial hardships and morale, welfare and recreation facilities, events or ceremonies in support of the members of the Oklahoma National Guard.

SECTION 9.     AMENDATORY     44 O.S. 2001, Section 245, is amended to read as follows:

Section 245.  No person shall be commissioned or enlisted in such forces who is not a citizen of the United States or who has been expelled or dishonorably discharged from any military or naval organization of this state, or of another state, or of the United States.

SECTION 10.     REPEALER     44 O.S. 2001, Section 44, is hereby repealed.

SECTION 11.     REPEALER     44 O.S. 2001, Section 50, is hereby repealed.

SECTION 12.     REPEALER     44 O.S. 2001, Section 193, is hereby repealed.

SECTION 13.     REPEALER     44 O.S. 2001, Section 195.1, is hereby repealed.

SECTION 14.     REPEALER     44 O.S. 2001, Section 195.2, is hereby repealed.

SECTION 15.     REPEALER     44 O.S. 2001, Section 195.3, is hereby repealed.

SECTION 16.     REPEALER     44 O.S. 2001, Section 195.4, is hereby repealed.

SECTION 17.     REPEALER     44 O.S. 2001, Section 195.5, as amended by Section 1, Chapter 172, O.S.L. 2008 (44 O.S. Supp. 2009, Section 195.5), is hereby repealed.

SECTION 18.     REPEALER     44 O.S. 2001, Section 195.6, is hereby repealed.

SECTION 19.     REPEALER     44 O.S. 2001, Section 195.7, is hereby repealed.

SECTION 20.     REPEALER     44 O.S. 2001, Section 195.8, is hereby repealed.

SECTION 21.  It being immediately necessary for the preservation of the public peace, health and safety, an emergency 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.

Passed the House of Representatives the 3rd day of May, 2010

	
Presiding Officer	of the House
	of Representatives

Passed the Senate the 14th day of April, 2010.

	
Presiding Officer 	of the Senate