reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 20 - Military Affairs › Article 5 - State Defense Force › Section 20-5-1 - New Mexico state defense force established; not in federal service; definitions.

A. The "New Mexico state defense force" is established as an element of the militia in the department of military affairs. The members and organizations of the former New Mexico state guard are transferred to the New Mexico state defense force on April 10, 1987.
B. Nothing in Chapter 20 NMSA 1978 shall be construed as authorizing the New Mexico state defense force or any part thereof to be called, ordered or in any manner drafted by federal authorities into the military service of the United States, but no person by reason of the person's enlistment or appointment in the state defense force shall be exempted from military service under any law of the United States.
C. The following definitions apply to the duty statuses under which members of the state defense force serve:
(1) "militia duty" means the performance of actual military service for the state in time of need when called by the governor or adjutant general following mobilization of the national guard. It may be performed by the standing cadre of the state defense force at any time so ordered upon mobilization of the national guard. It may be performed by the unorganized militia following its call by the governor pursuant to Subsection B of Section 20-2-6 NMSA 1978, in which case it shall include the post-call training of the New Mexico state defense force pursuant thereto; and
(2) "cadre duty" means the normal service and training performed by the standing cadre of the state defense force in anticipation and support of militia duty, including organization, administration and other pre-call matters.
History:
1978 Comp., § 20-5-1, enacted by Laws 1987, ch. 318, § 32; 2021, ch. 55, § 5.
ANNOTATIONS
Repeals and reenactments.
— Laws 1987, Chapter 318 repealed former 20-5-1 NMSA 1978, as enacted by Laws 1925, ch. 113, § 53, relating to exemption from arrest, and enacted a new section, effective April 10, 1987.
The 2021 amendment,
effective June 18, 2021, in Subsection A, after "defense force on", changed "the effective date of this act" to "April 10, 1987".
Am. Jur. 2d, A.L.R. and C.J.S. references. —
53 Am. Jur. 2d Military, and Civil Defense §§ 3, 7, 29 et seq., 40, 64, 70.
6 C.J.S. Armed Services § 288 et seq.
2023 New Mexico Statutes › Chapter 20 - Military Affairs › Article 5 - State Defense Force › Section 20-5-2 - Regulations.

The adjutant general shall prescribe regulations governing the recruiting, organization, administration, equipment, facilities, training and discipline of the state defense force. Such regulations shall, to the extent practicable, conform to regulations governing the army national guard and shall be consistent with federal law and regulations pertaining to state defense forces.
History:
1978 Comp., § 20-5-2, enacted by Laws 1987, ch. 318, § 33.
ANNOTATIONS
Repeals and reenactments.
— Laws 1987, Chapter 318 repealed former 20-5-2 NMSA 1978, as enacted by Laws 1925, ch. 113, § 55, relating to exemption from execution, and enacted a new section, effective April 10, 1987.
2023 New Mexico Statutes › Chapter 20 - Military Affairs › Article 5 - State Defense Force › Section 20-5-3 - Composition; enlistment; appointment.

A. The state defense force shall consist of persons eighteen years or older voluntarily appointed or voluntarily enlisted therein and such additional members of the unorganized militia as therein may be appointed, enlisted, enrolled or inducted as provided by law.
B. The officers of the state defense force shall be appointed by the governor and serve at the governor's pleasure. They shall be chosen from the public and private leadership bases within local communities so as to best enable the community to efficiently muster and lead its people and protect its assets and well-being.
History:
1978 Comp., § 20-5-3, enacted by Laws 1987, ch. 318, § 34; 2021, ch. 55, § 6.
ANNOTATIONS
Repeals and reenactments.
— Laws 1987, Chapter 318 repealed former 20-5-3 NMSA 1978, as enacted by Laws 1925, ch. 113, § 56, relating to right-of-way on streets or highways, and enacted a new section, effective April 10, 1987.
The 2021 amendment,
effective June 18, 2021, removed the maximum age of volunteers to serve on the state defense force; and in Subsection A, after "consist of persons", deleted "between the ages of", after "eighteen", deleted "and sixty-four", after "years", added "or older", and deleted "Volunteer members may be retained beyond age sixty-four with their consent by direction of the adjutant general".
State representative serving in force.
— A New Mexico state representative may not serve in the New Mexico State Defense Force, because the offices of legislator and state defense force member are incompatible; service in both capacities would create a conflict of interest. 1988 Op. Att'y Gen. No. 88-71.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
53 Am. Jur. 2d Military and Civil Defense §§ 3, 7, 29 et seq., 40, 64, 70.
6 C.J.S. Armed Services § 288 et seq.
2023 New Mexico Statutes › Chapter 20 - Military Affairs › Article 5 - State Defense Force › Section 20-5-4 - Administration of oaths.

All commissioned officers of the national guard and of the state defense force, and such other persons or officials as the adjutant general shall prescribe, are hereby authorized and empowered to administer oaths and affirmations in all matters pertaining to and concerning the state defense force and to administer oaths and affirmations in the enlistment of soldiers therefor.
History:
1978 Comp., § 20-5-4, enacted by Laws 1987, ch. 318, § 35.
ANNOTATIONS
Repeals and reenactments.
— Laws 1987, Chapter 318 repealed former 20-5-4 NMSA 1978, as enacted by Laws 1925, ch. 113, § 57, relating to exemption from tolls, and enacted a new section, effective April 10, 1987.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Validity of governmental requirement of oath of allegiance or loyalty, 18 A.L.R.2d 268.
6 C.J.S. Armed Services § 290.
2023 New Mexico Statutes › Chapter 20 - Military Affairs › Article 5 - State Defense Force › Section 20-5-5 - Standing cadre; composition of units.

A standing cadre of officers and enlisted members is authorized. The composition of units and force structure shall be as recommended by the adjutant general and approved by the governor.
History:
1978 Comp., § 20-5-5, enacted by Laws 1987, ch. 318, § 36.
ANNOTATIONS
Repeals and reenactments.
— Laws 1987, Chapter 318 repealed former 20-5-5 NMSA 1978, as enacted by Laws 1925, ch. 113, § 58, relating to exemption from jury duty, and enacted a new section, effective April 10, 1987.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
53 Am. Jur. 2d Military, and Civil Defense §§ 3, 32.
6 C.J.S. Armed Services § 288 et seq.
2023 New Mexico Statutes › Chapter 20 - Military Affairs › Article 5 - State Defense Force › Section 20-5-6 - Uniform; rank precedence and command.

A. The state defense force shall be uniformed. The adjutant general shall by regulation prescribe the uniform and insignia of the state defense force, which uniform and insignia shall include distinctive devices identifying it as the uniform of the state defense force and distinguishing it from the national guard. When in uniform, members of the state defense force will reasonably conform to the dress and appearance standards of the national guard. The wearing of permanent military decorations earlier awarded is authorized.
B. The grade structure of the state defense force shall to the extent practicable be the same as that prescribed for the army national guard.
C. The senior line officer without distinction as to component present in any organization or formation of the state defense force shall command, unless the adjutant general shall designate otherwise.
History:
1978 Comp., § 20-5-6, enacted by Laws 1987, ch. 318, § 37; 2021, ch. 55, § 7.
ANNOTATIONS
Repeals and reenactments.
— Laws 1987, Chapter 318 repealed former 20-5-6 NMSA 1978, as enacted by Laws 1972, ch. 42, § 1, relating to duty as workman, and enacted a new section, effective April 10, 1987.
The 2021 amendment,
effective June 18, 2021, removed from the governor the duty to prescribe the uniform and insignia of the state defense force, and required the adjutant general to do so by regulation; and in Subsection A, after the second occurrence of "The", changed "governor" to "adjutant general".
Am. Jur. 2d, A.L.R. and C.J.S. references. —
6 C.J.S. Armed Services § 289.
2023 New Mexico Statutes › Chapter 20 - Military Affairs › Article 5 - State Defense Force › Section 20-5-7 - Discipline.

A. The discipline of the state defense force shall, to the extent practicable, conform to that of the army national guard.
B. When performing militia duty, members of the state defense force are subject to the Code of Military Justice, Chapter 20, Article 12 NMSA 1978.
C. Standards of conduct applicable to the army national guard are applicable to members of the state defense force when performing militia duty or cadre duty.
History:
1978 Comp., § 20-5-7, enacted by Laws 1987, ch. 318, § 38.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
53A Am. Jur. 2d Military, and Civil Defense § 250 et seq.
6 C.J.S. Armed Services § 295.
2023 New Mexico Statutes › Chapter 20 - Military Affairs › Article 5 - State Defense Force › Section 20-5-8 - Discharge; dismissal.

A. Upon expiration of the term of service for which appointed or enlisted, a member of the state defense force shall be entitled to a discharge; provided that no member shall be discharged by reason of expiration of his term of service while in the active service of the state.
B. A member of the state defense force may be dismissed or discharged prior to the expiration of his term of service by sentence of a court-martial or for misconduct, inefficiency, unsatisfactory participation, personal hardship; or for such other cause as the adjutant general finds and the governor approves. Discharge proceedings shall, as nearly as practicable, follow the laws, rules and procedures prescribed for the army national guard.
C. Discharge certificates shall reflect the character of the member's service. They shall conform as closely as practicable to discharge certificates of the army national guard.
History:
1978 Comp., § 20-5-8, enacted by Laws 1987, ch. 318, § 39.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
What circumstances constitute laches barring federal judicial review of allegedly wrongful discharge from military service, 100 A.L.R. Fed. 821.
2023 New Mexico Statutes › Chapter 20 - Military Affairs › Article 5 - State Defense Force › Section 20-5-9 - Arms and equipment; facilities.

A. The state defense force, to the extent practicable, shall be equipped as needed for training and for actual state service.
B. To the extent available and permitted by federal law, armories and other facilities of the national guard and other state facilities may be utilized for the storage and maintenance of arms, equipment and supplies of the state defense force and for the assembly, drill and instruction of its members.
History:
1978 Comp., § 20-5-9, enacted by Laws 1987, ch. 318, § 40.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
6 C.J.S. Armed Services § 296.
2023 New Mexico Statutes › Chapter 20 - Military Affairs › Article 5 - State Defense Force › Section 20-5-10 - Training.

A. The adjutant general shall promulgate regulations governing the training of the state defense force, including its standing cadre.
B. To the extent permitted by law, officers and members of the national guard may be detailed to train and instruct the standing cadre of the state defense force. Members of its standing cadre may attend service schools and other courses of training or instruction conducted by state or federal agencies in cadre duty status. Such training shall be paid for only to the extent allowed in Subsection B of Section 20-5-9 NMSA 1978.
History:
1978 Comp., § 20-5-10, enacted by Laws 1987, ch. 318, § 41; 1989, ch. 337, § 2.
ANNOTATIONS
The 1989 amendment,
effective June 16, 1989, deleted "and may coordinate and train with the civil emergency preparedness division of the department of military affairs" following "federal agencies" in the second sentence of Subsection B.
2023 New Mexico Statutes › Chapter 20 - Military Affairs › Article 5 - State Defense Force › Section 20-5-11 - Members not liable for acts in performance of duty.

Members of the state defense force shall not incur personal civil liability for acts performed in the line of militia duty or cadre duty or in travel directly to or from said duty, and the state shall defend and indemnify against any such claims as are brought, and the state shall be substituted as a party defendant for the member.
History:
1978 Comp., § 20-5-11, enacted by Laws 1987, ch. 318, § 42.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
53A Am. Jur. 2d Military, and Civil Defense § 362 et seq.
Officers or privates in military service as "officers" or "employees" within statute waiving state's immunity from liability for torts, 129 A.L.R. 911.
Civil and criminal liability of militiamen, 135 A.L.R. 10, 147 A.L.R. 1429, 151 A.L.R. 1463, 153 A.L.R. 1432, 154 A.L.R. 1457, 158 A.L.R. 1462.
Service of civil process, exemption of members of armed forces from, 137 A.L.R. 1372, 149 A.L.R. 1455, 150 A.L.R. 1419, 151 A.L.R. 1454, 153 A.L.R. 1419, 156 A.L.R. 1449, 158 A.L.R. 1450.
Service of process on person in military service by serving person at civilian abode or residence, or leaving copy there, 46 A.L.R.2d 1239.
6 C.J.S. Armed Services §§ 297, 298.
2023 New Mexico Statutes › Chapter 20 - Military Affairs › Article 5 - State Defense Force › Section 20-5-12 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1993, ch. 193, § 14 repealed 20-5-12 NMSA 1978, as enacted by Laws 1987, ch. 318, § 43, relating to workmen's compensation for members of the state defense force, effective June 18, 1993. For provisions of former section,
see
the 1992 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 20 - Military Affairs › Article 5 - State Defense Force › Section 20-5-13 - Discrimination prohibited; penalty.

No employer or agent thereof shall refuse to hire, penalize or discharge from employment any person because of membership in the state defense force or prevent the member from performing any duty he may be called upon to perform by proper authority. Willful violation of this section shall be a misdemeanor.
History:
1978 Comp., § 20-5-13, enacted by Laws 1987, ch. 318, § 44.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Validity and construction of state statutes requiring employers to compensate employees for absences occasioned by military service, 8 A.L.R.4th 704.
2023 New Mexico Statutes › Chapter 20 - Military Affairs › Article 5 - State Defense Force › Section 20-5-14 - Military leave.

All state, county, municipal, school district and other public employees who are members of the state defense force shall be given not to exceed fifteen working days military leave with pay per federal fiscal year when they are ordered by the adjutant general to cadre duty with such organized units, such leave to be in addition to other leave or vacation time with pay to which such employees are otherwise entitled. The governor may grant any member of the state defense force who is a state employee additional military leave with pay, in excess of that allowed above, not to exceed fifteen working days per year for periods of cadre duty for training when he deems that such training will benefit the state by enabling that employee to better perform the duties required in his state occupation.
History:
1978 Comp., § 20-5-14, enacted by Laws 1987, ch. 318, § 45.
ANNOTATIONS
Cross references.
— For penalty provision,
see
20-11-6 NMSA 1978.
Legislative objective.
— The legislative objective in enacting this section was to insure that public employees who were members of organized military reserve units should not be deprived of the annual leave to which they were otherwise entitled, by reason of their absence under orders on military training. 1958 Op. Att'y Gen. No. 58-173.
Employee members of organized units eligible.
— All state, county and municipal employees who are members of organized units are eligible for the additional military leave provided in this section. 1953 Op. Att'y Gen. No. 53-5762.
Effect on employees of conservancy district.
— Employees of a conservancy district are entitled to up to 15 days military leave and pay each year. 1959 Op. Att'y Gen. No. 59-54.
On permanent employees.
— Regardless of the duration of employment, permanent employees are entitled to such military leave with pay. 1960 Op. Att'y Gen. No. 60-196.
No restriction is placed upon the time of service
rendered by permanent employees before this leave accrues. 1960 Op. Att'y Gen. No. 60-196.
Temporary employees not eligible.
— A temporary employee of the state is not entitled to military training leave provided by statute. 1958 Op. Att'y Gen. No. 58-173.
Pay entitled to.
— A permanent employee is entitled to pay for his active military duty in addition to that for his vacation. 1960 Op. Att'y Gen. No. 60-196.
Full salary required.
— This section requires that the governmental unit pay the full salary to the employee regardless of the amount of money drawn by him while on active military duty. Thus, it would be illegal for a governmental unit to pay an employee only the difference between his military pay and the top limits of pay which he regularly draws from the military unit. 1953 Op. Att'y Gen. No. 53-5762.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Validity and construction of state statutes requiring employers to compensate employees for absences occasioned by military service, 8 A.L.R.4th 704.
2023 New Mexico Statutes › Chapter 20 - Military Affairs › Article 5 - State Defense Force › Section 20-5-15 - Exemptions; process; uniforms and equipment.

A. Members of the state defense force shall not be subject to misdemeanor arrest, jury duty or to other civil process while going to, remaining at or returning from any place at which the member is required to perform militia duty. This exemption shall not preclude the proper issuance of traffic citations, or temporary delays which do not materially impede the timely performance of militia duty, or arrest for driving while intoxicated.
B. Uniforms, arms and equipment required by law or regulations to be owned by members of the state defense force and all uniforms, equipment or other property of the state or the United States issued to members of the state defense force shall be exempt from all suits, distresses, executions or sales for debt or payment of taxes.
History:
1978 Comp., § 20-5-15, enacted by Laws 1987, ch. 318, § 46.
2023 New Mexico Statutes › Chapter 20 - Military Affairs › Article 5 - State Defense Force › Section 20-5-16 - State defense force; workers' compensation; cadre duty.

A. When a member of the state defense force is on state-ordered militia duty, the member is a worker under the Workers' Compensation Act [Chapter 52, Article 1 NMSA 1978] and the department of military affairs is the member's employer.
B. Members of the state defense force, while performing cadre duty, may be utilized by the adjutant general to assist the national guard with training exercises or other cadre duties.
C. The average weekly wage of a member of the state defense force shall be computed at the pay earned in the member's civilian capacity. Disability benefits to a member of the state defense force shall be limited to medical benefits and two-thirds of the member's civilian pay if the member is unable to work.
D. A member of the state defense force shall not be considered a worker under the Workers' Compensation Act when performing cadre duty.
E. As used in this section:
(1) "cadre duty" means the normal service and training of the standing cadre of the state defense force in anticipation and support of militia duty, including organization, administration and other pre-call matters; and
(2) "militia duty" means the performance of actual military service for the state in time of need when called by the governor or adjutant general following mobilization of the national guard. If performed by the unorganized militia following its call by the governor pursuant to Section 20-2-6 NMSA 1978, it shall include the post-call training of the New Mexico state defense force as required by that call.
History:
Laws 2003, ch. 111, § 1; 2021, ch. 55, § 8.
ANNOTATIONS
The 2021 amendment,
effective June 18, 2021, authorized members of the state defense force to be utilized by the adjutant general to assist the national guard with training exercises or other cadre duties; added "cadre duty"; and added a new Subsection B and redesignated former Subsections B through D as Subsections C through E, respectively.
2023 New Mexico Statutes › Chapter 20 - Military Affairs › Article 6 - Reserved (Repealed.) › Section 20-6-2 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1987, ch. 318, § 98A repealed 20-6-1 and 20-6-2 NMSA 1978, as enacted by Laws 1925, ch. 113, §§ 75 and 76, relating to payments and allowances to national guard, effective April 10, 1987.
2023 New Mexico Statutes › Chapter 20 - Military Affairs › Article 7 - Civil Air Patrol › Section 20-7-1 - Creation of civil air patrol division.

There is created the civil air patrol division within the department of military affairs. The director of the civil air patrol division shall be the duly appointed commanding officer of the civil air patrol, New Mexico wing, who shall assist the adjutant general.
History:
1978 Comp., § 20-7-1, enacted by Laws 1987, ch. 318, § 47.
ANNOTATIONS
Repeals and reenactments.
— Laws 1987, Chapter 318 repealed former 20-7-1 NMSA 1978, as enacted by Laws 1953, ch. 86, § 1, relating to short title of State Armory Board Act, and enacted a new section, effective April 10, 1987.
2023 New Mexico Statutes › Chapter 20 - Military Affairs › Article 7 - Civil Air Patrol › Section 20-7-2 - Budget.

The civil air patrol division shall submit its budget requests to the adjutant general.
History:
1978 Comp., § 20-7-2, enacted by Laws 1987, ch. 318, § 48.
ANNOTATIONS
Repeals and reenactments.
— Laws 1987, Chapter 318 repealed former 20-7-2 NMSA 1978, as amended by Laws 1953, ch. 86, § 2, relating to construction and operation of facilities, and enacted a new section, effective April 10, 1987.
2023 New Mexico Statutes › Chapter 20 - Military Affairs › Article 7 - Civil Air Patrol › Section 20-7-3 - Regulations.

The adjutant general may prescribe regulations for the civil air patrol division.
History:
1978 Comp., § 20-7-3, enacted by Laws 1987, ch. 318, § 49.
ANNOTATIONS
Repeals and reenactments.
— Laws 1987, Chapter 318 repealed former 20-7-3 NMSA 1978, as amended by Laws 1953, ch. 86, § 3, relating to state armory board, and enacted a new section, effective April 10, 1987.
2023 New Mexico Statutes › Chapter 20 - Military Affairs › Article 7 - Civil Air Patrol › Section 20-7-4 - Cooperation with other agencies authorized.

The civil air patrol division is authorized to fully cooperate with any department or agency of the United States government or any department or agency of the state in order that the objectives of the civil air patrol division may be more fully realized.
History:
1978 Comp., § 20-7-4, enacted by Laws 1987, ch. 318, § 50.
ANNOTATIONS
Repeals and reenactments.
— Laws 1987, Chapter 318 repealed former 20-7-4 NMSA 1978, as amended by Laws 1953, ch. 86, § 4, relating to local armory boards, and enacted a new section, effective April 10, 1987.
2023 New Mexico Statutes › Chapter 20 - Military Affairs › Article 7 - Civil Air Patrol › Section 20-7-6 to 20-7-23 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1987, ch. 318, § 98A repealed 20-7-6 to 20-7-23 NMSA 1978, as enacted by Laws 1925, ch. 113, §§ 87 to 89; and Laws 1953, ch. 86, §§ 8 to 22, relating to bonds, reports, leases, board fund, and employees and expenses, effective April 10, 1987.
2023 New Mexico Statutes › Chapter 20 - Military Affairs › Article 8 - Armories › Section 20-8-1 - Creation; composition.

There is created the state armory board, a body corporate, whose members shall be appointed within thirty days of the effective date of the New Mexico Military Code. The members of the board shall be the adjutant general, as chairman; the director of the state programs office of the department of military affairs, as executive director; one commissioned officer of the army national guard; the command sergeant major of the army national guard; and three members-at-large who shall not be members of the national guard. Discretionary appointments to the board and designation of one appointed member as its secretary-treasurer shall be made by the adjutant general with the concurrence of the governor and shall be for a term of two years, except that two initial appointments shall be for three years. Members shall serve without compensation but shall be paid per diem and mileage as provided in the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978].
History:
1978 Comp., § 20-8-1, enacted by Laws 1987, ch. 318, § 52.
ANNOTATIONS
Repeals and reenactments.
— Laws 1987, ch. 318, § 52 repealed former 20-8-1 NMSA 1978, as enacted by Laws 1931, ch. 123, § 1, relating to distinguished service medal, and enacted a new section, effective April 10, 1987.
Compiler's notes.
— The phrase "effective date of the New Mexico Military Code" means April 10, 1987, the effective date of Laws 1987, Chapter 318.
2023 New Mexico Statutes › Chapter 20 - Military Affairs › Article 8 - Armories › Section 20-8-2 - Definitions.

A. "Armory" means any building, training area, warehouse, vehicle storage compound, organizational maintenance shop or other facility and the lands appurtenant thereto used by the national guard for the storage and maintenance of arms or military equipment or the administration or training of the national guard and state defense force personnel.
B. "Armory rental" means the casual rental of all or part of an armory facility to an individual or organization for a limited and specified purpose, duration and fee, which use is not in conflict with the ongoing occupancy and use of the armory by the national guard or state defense force.
C. "Local armory" means a particular armory by the name designation of the municipality or county commonly associated with it, including the armory building proper and any appurtenant facilities co-located with it.
D. "Armory board council" means the advisory body comprised of the chairmen of all local armory boards, serving ex officio, and of the members of the state armory board, chaired by the adjutant general, and convened semi-annually by the call of the state armory board to aid and advise that board in the formation of its regulations and policies.
History:
1978 Comp., § 20-8-2, enacted by Laws 1987, ch. 318, § 53; 1989, ch. 337, § 3.
ANNOTATIONS
Repeals and reenactments.
— Laws 1987, Chapter 318 repealed former 20-8-2 NMSA 1978, as enacted by Laws 1931, ch. 123, § 2, relating to long service medal, and enacted a new 20-8-2 NMSA 1978, effective April 10, 1987.
The 1989 amendment,
effective June 16, 1989, in Subsection A, deleted "army" preceding "national guard" in two places.
2023 New Mexico Statutes › Chapter 20 - Military Affairs › Article 8 - Armories › Section 20-8-4 - Local armory boards; members.

There are created local armory boards for each local armory. The management and control of each local armory shall be the responsibility of its local armory board subject to the guidance, direction and supervision of the state armory board. The senior commander of the national guard units occupying the armory, as chairman; one enlisted member serving in the armory as secretary-treasurer; and one resident of the locality who is not a member of the national guard, shall constitute the board for that locality. Discretionary appointments to each board shall be made by the adjutant general and shall be for a term of two years. Members shall serve without compensation but shall be paid per diem and mileage as provided in the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978]. Each local armory board shall:
A. manage and control its local armory subject to the guidance, supervision and direction of the state armory board and such regulations as the state armory board may promulgate;
B. maintain a local checking account;
C. administer and contract for armory rentals as it deems appropriate within regulations promulgated by the state armory board;
D. administer and account to the state armory board for all revenues therefrom;
E. transmit all revenues, less actual and reasonable expenses of the board and operations costs of its armory rentals, to the state armory board fund quarterly or more frequently;
F. report to the adjutant general annually, in September, on the physical condition of its local armory including recommendations for improvements, repair and maintenance; and
G. participate in the semi-annual meeting of the armory board council.
History:
1978 Comp., § 20-8-4, enacted by Laws 1987, ch. 318, § 55.
ANNOTATIONS
Repeals and reenactments.
— Laws 1987, Chapter 318 repealed former 20-8-4 NMSA 1978, as enacted by Laws 1963, ch. 69, § 1, relating to medal of valor, and enacted a new section, effective April 10, 1987.
2023 New Mexico Statutes › Chapter 20 - Military Affairs › Article 8 - Armories › Section 20-8-5 - State armory board fund.

A. All net revenues derived from any armory rentals shall be deposited quarterly or more frequently by all local armory boards with the state armory board which shall keep such money on deposit with the state treasurer in a separate fund to be known as the "state armory board fund". Money deposited in this fund is appropriated for the use of the state armory board in carrying out the purposes of Chapter 20, Article 8 NMSA 1978. All expenditures by the state armory board shall be upon vouchers signed by the secretary-treasurer of the board and paid out of the fund upon warrants drawn by the secretary of finance and administration.
B. The state armory board fund shall also be the repository for all money and interest received by the state armory board in the exercise of its powers and responsibilities as stated in Chapter 20, Article 8 NMSA 1978.
History:
1978 Comp., § 20-8-5, enacted by Laws 1987, ch. 318, § 56; 1989, ch. 337, § 5.
ANNOTATIONS
Repeals and reenactments.
— Laws 1987, Chapter 318 repealed former 20-8-5 NMSA 1978, as enacted by Laws 1963, ch. 69, § 2, relating to medal of merit, and enacted a new section, effective April 10, 1987.
The 1989 amendment,
effective June 16, 1989, added the Subsection A designation, inserted "state armory" in the last sentence of Subsection A, and added Subsection B.
2023 New Mexico Statutes › Chapter 20 - Military Affairs › Article 8 - Armories › Section 20-8-7 to 20-8-11 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1987, ch. 318, § 98A repealed 20-8-7 to 20-8-11 NMSA 1978, as enacted by Laws 1945, ch. 115, § 2, Laws 1973, ch. 120, §§ 2 to 4, and Laws 1979, ch. 129, § 1, relating to medals and citations, effective April 10, 1987.
2023 New Mexico Statutes › Chapter 20 - Military Affairs › Article 9 - Property and Funds › Section 20-9-1 - Property and fiscal officer.

In the event of a vacancy, the governor shall nominate, with the advice of the adjutant general, a United States property and fiscal officer from the New Mexico national guard whose appointment shall be made by the chief of the national guard bureau or other authority charged with responsibility for such approval under the laws of the United States. His duties shall be the superintendence of all funds and property of the United States entrusted or allotted to the militia or national guard as required of him by the laws of the United States relating to the militia or national guard or regulations promulgated thereunder, together with such additional related duties as the governor or adjutant general may require of him by appropriate regulations or orders. His military salary, allowances and maximum rank shall be in accordance with the regulations of the appropriate authorities of the United States and the laws of the United States relating to the militia or national guard and the appointment of such officers.
History:
1978 Comp., § 20-9-1, enacted by Laws 1987, ch. 318, § 58.
ANNOTATIONS
Repeals and reenactments.
— Laws 1987, Chapter 318 repealed former 20-9-1 NMSA 1978, as enacted by Laws 1925, ch. 113, § 79, relating to unauthorized disposition of military property, and enacted a new section, effective April 10, 1987.
Generally.
— The property and fiscal officers not only protect the federal government's interests, but also aid the states in disbursing to them the allocations of the federal government to state national guards. 1964 Op. Att'y Gen. No. 64-69.
Payment of officer.
— The property and fiscal officer appointed pursuant to this section must be paid by this state or by the United States from funds allocated to the national guard of this state. 1964 Op. Att'y Gen. No. 64-69.
Control of officer.
— There can be no doubt of the control over the officer by the state executive. 1964 Op. Att'y Gen. No. 64-69.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
6 C.J.S. Armed Services § 291.
2023 New Mexico Statutes › Chapter 20 - Military Affairs › Article 9 - Property and Funds › Section 20-9-2 - Accountability for money and property.

The adjutant general, with the concurrence of the governor as commander in chief, shall promulgate such regulations as are necessary to provide for the accountability of state and federal property which shall provide procedures and standards for ascertaining individual pecuniary liability for restitution and for hardship remission of indebtedness where appropriate. Proceeds collected therefrom shall be paid over to the adjutant general for distribution as may be required by appropriate state or federal law or regulation. When loss or damage occurs and a determination of no pecuniary liability is made, the authority making the determination will direct a settlement of accounts without penalty or assessment. The adjutant general may accomplish the settlement of accounts for lost money or lost or damaged property of the United States allotted or entrusted to the militia or national guard by payment from the funds appropriated to the adjutant general when such a settlement cannot be accomplished by other means within a reasonable time so as not to jeopardize the national guard's entitlement to continue to receive allotments of federal funds, equipment, or supplies.
History:
1978 Comp., § 20-9-2, enacted by Laws 1987, ch. 318, § 59.
ANNOTATIONS
Repeals and reenactments.
— Laws 1987, Chapter 318 repealed former 20-9-2 NMSA 1978, as enacted by Laws 1925, ch. 113, § 78, relating to arrest of officers and men, and enacted a new section, effective April 10, 1987.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
6 C.J.S. Armed Services § 291.
2023 New Mexico Statutes › Chapter 20 - Military Affairs › Article 9 - Property and Funds › Section 20-9-3 - Unit funds.

Each unit or detachment of the national guard shall keep a unit general welfare fund composed of any funds earned by the unit or its members, funds contributed to the unit or to its welfare fund or fines or forfeitures imposed under the Code of Military Justice [Chapter 20, Article 12 NMSA 1978] against unit members when allocated to the fund by the adjutant general. Each unit general welfare fund shall be held in a local commercial bank account and shall be expended for the general welfare of the members of the unit. Accountability for general welfare funds shall be in accordance with regulations to be prescribed by the adjutant general. The unit general welfare fund shall be separate and apart from any other fund maintained by the unit which is funded by allocations from federal sources. In the event of reorganization, deactivation, redesignation or reassignment of units, the adjutant general shall order such disposition of that unit's general welfare fund as will best benefit the members or former members of the unit so affected.
History:
1978 Comp., § 20-9-3, enacted by Laws 1987, ch. 318, § 60.
ANNOTATIONS
Repeals and reenactments.
— Laws 1987, Chapter 318 repealed former 20-9-3 NMSA 1978, as enacted by Laws 1925, ch. 113, § 80, relating to authority of post commanders, and enacted a new section, effective April 10, 1987.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
6 C.J.S. Armed Services § 291.
2023 New Mexico Statutes › Chapter 20 - Military Affairs › Article 9 - Property and Funds › Section 20-9-4 - Recovery of property; criminal and civil liability.

Any person who retains, after written demand by the United States property and fiscal officer or his designee, any arms, uniforms, equipment or other military property which belongs to the state or the United States or who thereafter possesses, purchases, sells, pawns or pledges such property shall be guilty of a misdemeanor and shall be civilly liable to the United States property and fiscal officer for three times the original value of the property in damages. The attorney general or his designee shall prosecute all such matters referred to him on a sworn statement of charges by the United States property and fiscal officer. Money recovered shall be deposited by the United States property and fiscal officer to the appropriate fund or account for the purchase of similar replacement property.
History:
1978 Comp., § 20-9-4, enacted by Laws 1987, ch. 318, § 61.
ANNOTATIONS
Repeals and reenactments.
— Laws 1987, Chapter 318 repealed former 20-9-4 NMSA 1978, as enacted by Laws 1925, ch. 113, § 90, relating to suppression of unlawful assembly, and enacted a new section, effective April 10, 1987.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
53A Am. Jur. 2d Military, and Civil Defense § 362 et seq.
6 C.J.S. Armed Services § 297.
2023 New Mexico Statutes › Chapter 20 - Military Affairs › Article 9 - Property and Funds › Section 20-9-5 - Security for property.

The adjutant general may prescribe regulations for the obtaining of collateral to guarantee the return of arms, uniforms, equipment or other military property issued to members of the national guard or the state defense force in an amount at least equal to the value of the property issued and for such duration as is deemed appropriate. Such collateral may include cash, surety bonds, certificates of title or other good and valuable consideration. Property with investment value shall be deposited at interest, that interest to be paid to the member with return of the collateral upon proper return of the property in serviceable condition, fair wear and tear excepted.
History:
1978 Comp., § 20-9-5, enacted by Laws 1987, ch. 318, § 62.
ANNOTATIONS
Repeals and reenactments.
— Laws 1987, Chapter 318 repealed former 20-9-5 NMSA 1978, as enacted by Laws 1925, ch. 113, § 91, relating to bond premium payments, and enacted a new section, effective April 10, 1987.
2023 New Mexico Statutes › Chapter 20 - Military Affairs › Article 9 - Property and Funds › Section 20-9-6 to 20-9-8 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1987, ch. 318, § 98A repealed 20-9-6 to 20-9-8 NMSA 1978, as enacted by Laws 1921, ch. 128, §§ 1 and 2 and Laws 1953, ch. 70, relating to prohibition on discharge of employees or preventing performance of military duties and training leave for public employees, effective April 10, 1987.
2023 New Mexico Statutes › Chapter 20 - Military Affairs › Article 10 - Awards, Medals and Ribbons › Section 20-10-1 - Awards authorized.

There are established and authorized within Chapter 20, Article 10 NMSA 1978 awards for presentation to units and members of the national guard and the New Mexico state defense force and, where indicated, for presentation to other persons for recognized service to the national guard or New Mexico state defense force, to the state or to the United States.
History:
1978 Comp., § 20-10-1, enacted by Laws 1987, ch. 318, § 63.
ANNOTATIONS
Repeals and reenactments.
— Laws 1987, Chapter 318 repealed former 20-10-1 NMSA 1978, as enacted by Laws 1941, ch. 9, § 16, relating to short title of State Guard Act, and enacted a new section, effective April 10, 1987.
2023 New Mexico Statutes › Chapter 20 - Military Affairs › Article 10 - Awards, Medals and Ribbons › Section 20-10-2 - Awards boards.

A. The adjutant general shall appoint the members of awards boards for the army national guard and the air national guard, which shall each meet not less than quarterly to review recommendations for state and federal awards and decorations submitted by their respective unit commanders and others. The army national guard awards board shall also review and act on recommendations for such awards and decorations relating to the state defense force and shall include one or more members of the state defense force appointed by the adjutant general whenever considering such matters.
B. The adjutant general may by regulation delegate award authority to battalion commanders, group commanders, or equivalent, of the national guard, for members of their command, for the following awards and their subsequent devices:
(1) such United States awards and decorations as are permitted to be so delegated in United States military regulations;
(2) the outstanding service medal;
(3) the long service medal;
(4) the good conduct medal; and
(5) the perfect attendance ribbon.
History:
1978 Comp., § 20-10-2, enacted by Laws 1987, ch. 318, § 64.
ANNOTATIONS
Repeals and reenactments.
— Laws 1987, Chapter 318 repealed former 20-10-2 NMSA 1978, as enacted by Laws 1941, ch. 9, § 1, relating to authority and name of guard, and enacted a new section, effective April 10, 1987.
2023 New Mexico Statutes › Chapter 20 - Military Affairs › Article 10 - Awards, Medals and Ribbons › Section 20-10-3 - Awards fund.

There is established an awards fund which shall be under the control of the adjutant general, the military personnel officers of the army and air national guard, and the director of the state programs office of the department of military affairs. The awards fund shall promptly arrange for suitable presentations to award recipients. The fund is authorized to make such reasonable expenditures from sources provided or authorized so as to procure and distribute state medals, ribbons and devices consistent with Chapter 20, Article 10 NMSA 1978. The fund shall procure sufficient quantitites [quantities] of awards to allow recipients to purchase from the board replacements for lost or soiled awards. The fund may charge a reasonable sum for replacement or miniature awards, with proceeds being retained in the awards fund for future procurement of awards. Moneys in the awards fund shall be maintained in a checking account and shall not revert annually to the state treasury.
History:
1978 Comp., § 20-10-3, enacted by Laws 1987, ch. 318, § 65.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Repeals and reenactments.
— Laws 1987, Chapter 318 repealed former 20-10-3 NMSA 1978, as enacted by Laws 1941, ch. 9, § 2, relating to organization of guard, and enacted a new section, effective April 10, 1987.
2023 New Mexico Statutes › Chapter 20 - Military Affairs › Article 10 - Awards, Medals and Ribbons › Section 20-10-4 - Order of precedence.

The rank order of precedence of awards is their order of appearance in Chapter 20, Article 10 NMSA 1978. In the wearing or display of awards, the precedence afforded the awards and decorations of the United States, of other nations and of state national guards will be observed; military awards of other states may be worn commensurate with those authorized in Chapter 20, Article 10 NMSA 1978, in reasonable order of precedence.
History:
1978 Comp., § 20-10-4, enacted by Laws 1987, ch. 318, § 66.
ANNOTATIONS
Repeals and reenactments.
— Laws 1987, Chapter 318 repealed former 20-10-4 NMSA 1978, as enacted by Laws 1941, ch. 9, § 3, relating to pay and allowances, and enacted a new section, effective April 10, 1987.
2023 New Mexico Statutes › Chapter 20 - Military Affairs › Article 10 - Awards, Medals and Ribbons › Section 20-10-5 - Medal of valor with palm.

The governor may award a medal of valor with palm and with accompanying ribbon to any member of the national guard or state defense force who distinguishes himself by an extraordinary act of personal bravery and heroism, at the risk of his own life, above and beyond the call of duty.
History:
1978 Comp., § 20-10-5, enacted by Laws 1987, ch. 318, § 67.
ANNOTATIONS
Repeals and reenactments.
— Laws 1987, Chapter 318 repealed former 20-10-5 NMSA 1978, as enacted by Laws 1941, ch. 9, § 4, relating to requisitions and buildings, and enacted a new section, effective April 10, 1987.
2023 New Mexico Statutes › Chapter 20 - Military Affairs › Article 10 - Awards, Medals and Ribbons › Section 20-10-6 - Medal of valor.

The governor may award a medal of valor with accompanying ribbon to any member of the national guard or state defense force who distinguishes himself by an uncommon act of valor, not necessarily at the risk of his own life, under circumstances where refraining from so acting would not have subjected the recipient to criticism.
History:
1978 Comp., § 20-10-6, enacted by Laws 1987, ch. 318, § 68.
ANNOTATIONS
Repeals and reenactments.
— Laws 1987, Chapter 318 repealed former 20-10-6 NMSA 1978, as enacted by Laws 1941, ch. 9, § 5, relating to use outside state, and enacted a new section, effective April 10, 1987.
2023 New Mexico Statutes › Chapter 20 - Military Affairs › Article 10 - Awards, Medals and Ribbons › Section 20-10-7 - Special MacArthur service medal.

The special MacArthur service medal has been given with appreciation to known members or their survivors of the 200th coast artillery who were residents of the state at the time they entered the services of the United States and served under General Douglas MacArthur in the Philippine islands. It may be awarded to later-discovered eligible veterans or their survivors by the adjutant general.
History:
1978 Comp., § 20-10-7, enacted by Laws 1987, ch. 318, § 69.
ANNOTATIONS
Repeals and reenactments.
— Laws 1987, Chapter 318 repealed former 20-10-7 NMSA 1978, as enacted by Laws 1941, ch. 9, § 6, relating to permission to forces of other states, and enacted a new section, effective April 10, 1987.
2023 New Mexico Statutes › Chapter 20 - Military Affairs › Article 10 - Awards, Medals and Ribbons › Section 20-10-8 - Distinguished service medal.

The governor may award a distinguished service medal with accompanying ribbon to any member of the national guard or state defense force who distinguishes himself by an unselfish, untiring and exceptionally meritorious period of service or act resulting in extraordinary benefit to the state or to the United States.
History:
1978 Comp., § 20-10-8, enacted by Laws 1987, ch. 318, § 70.
ANNOTATIONS
Repeals and reenactments.
— Laws 1987, Chapter 318 repealed former 20-10-8 NMSA 1978, as enacted by Laws 1941, ch. 9, § 7, relating to federal service, and enacted a new section, effective April 10, 1987.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
6 C.J.S. Armed Services § 293.
2023 New Mexico Statutes › Chapter 20 - Military Affairs › Article 10 - Awards, Medals and Ribbons › Section 20-10-9 - Medal of merit.

The adjutant general may award a medal of merit with accompanying ribbon to any person who, while serving in any capacity with or in the national guard or state defense force, shall render prolonged and meritorious service to the state or the United States.
History:
1978 Comp., § 20-10-9, enacted by Laws 1987, ch. 318, § 71.
ANNOTATIONS
Repeals and reenactments.
— Laws 1987, Chapter 318 repealed former 20-10-9 NMSA 1978, as enacted by Laws 1941, ch. 9, § 8, relating to civil groups, and enacted a new section, effective April 10, 1987.