2023 New Mexico Statutes › Chapter 20 - Military Affairs › Article 8 - Armories › Section 20-8-3 - Powers and responsibilities.

The state armory board shall be empowered to:
A. act on behalf of the state in the exercise of its powers and responsibilities;
B. hold title to armories in its name on behalf of the state;
C. employ and maintain or retain technical, legal, administrative and clerical personnel, including an architect or engineer, a construction manager and a finance manager as deemed necessary by the board within its appropriated budget or federal reimbursement funds, as approved by itself and the department of finance and administration;
D. have control and supervision over the acquisition, construction, replacement, repair, alteration, improvement, furnishing, equipping, maintenance and operation of all armories and over all funds appropriated or obtained for those purposes;
E. acquire property deemed necessary for military purposes by purchase, exchange, lease, grant, gift or condemnation;
F. disregard the requirements of Sections 13-6-3, 15-3-20 and 15-3-23 NMSA 1978;
G. borrow money for acquiring, constructing, replacing, repairing, altering, improving, furnishing, equipping and operating armories, as provided in Chapter 20, Article 8 NMSA 1978;
H. enter into contracts on behalf of the state with the United States or any of its agencies for the purpose of participating in any joint federal-state military construction for the purpose of receiving federal funds for military construction;
I. sell or exchange armory property when it determines the property is no longer necessary or suitable for military purposes; lease the property if its non-necessity or nonsuitability is determined to be temporary, but that any such lease shall be revocable at will should the adjutant general determine and declare military necessity and suitability, without liability against the state or the board being occasioned by the revocation; or to donate all or part of an armory property to the state, to a county or to a municipality pursuant to new or replacement armory acquisition or construction in the state;
J. guide, direct and supervise the local armory boards, the armory board council and the state armory board fund;
K. delegate to local armory boards such powers as it deems appropriate, retaining the responsibility for proper supervision and accountability of the delegated powers;
L. regulate and audit armory rentals contracted by local armory boards;
M. submit an annual report to the governor accounting for all state appropriated funds received and disbursed by it; and
N. meet quarterly, or at the more frequent call of the adjutant general. The adjutant general shall prescribe and issue regulations which he and the board deem appropriate for the operations of armories and for the exercise of powers by and the fulfillment of responsibilities of the board stated in Chapter 20, Article 8 NMSA 1978.
History:
1978 Comp., § 20-8-3, enacted by Laws 1987, ch. 318, § 54; 1989, ch. 337, § 4.
ANNOTATIONS
Repeals and reenactments.
— Laws 1987, Chapter 318 repealed former 20-8-3 NMSA 1978, as enacted by Laws 1931, ch. 123, § 3, relating to 100% drill attendance medal, and enacted a new 20-8-3 NMSA 1978, effective April 10, 1987.
The 1989 amendment,
effective June 16, 1989, in Subsection A, corrected the misspelling of "responsibilities" and, in Subsection C, substituted "the department of finance and administration" for "the legislative finance committee".
Legislative intent.
— The legislature intends that the maintenance of buildings should be controlled by the state armory board, which, in turn, applies to the legislature for the necessary funds by appropriation. 1957 Op. Att'y Gen. No. 57-155.
Generally.
— The state armory board may own (in the name of the state), rent or lease facilities necessary for the conduct of training and the storage of national guard property. Further, the board may acquire property in the name of the state "by purchase, grant, gift or condemnation, and is authorized to sell or exchange such property when said board determines it to be no longer necessary or suitable for military purchases." 1957 Op. Att'y Gen. No. 57-156.
Authority to lease.
— The state armory board has statutory authority to lease property for its statutory purposes. The governing statute clearly contemplates control by the board of property "rented or leased by the state"; and the authority "to acquire property deemed necessary for military purposes . . . by purchase, grant, gift or condemnation" is not to be read as excluding the exercise of the lesser power to lease. 1958 Op. Att'y Gen. No. 58-231.
Extent of authority.
— In any case where authority is granted for the leasing or renting of property, it may be logically implied that such authority extends to the ordinary requirements for maintaining the premises in a condition not different from that appreciated at the time of taking possession. 1957 Op. Att'y Gen. No. 57-156.
Federal and state construction and use of armory permissible.
— The state armory board may lawfully contract with the United States for the construction of an armory at the expense of the state and federal government jointly, the armory to be used jointly by the New Mexico national guard and other components of the armed forces reserves. 1958 Op. Att'y Gen. No. 58-235.
Property not subject to paving assessment.
— Real property owned by the state armory board is not subject to a paving assessment by a municipality for a street paving project adjoining such property. 1959 Op. Att'y Gen. No. 59-161.
Authorization as state contracting officer.
— The state armory board is authorized to act, or appoint someone to act, as a state contracting officer. 1956 Op. Att'y Gen. No. 56-6547.
Control where joint utilization.
— An armory was built for joint utilization by the New Mexico national guard and reserve components of the armed forces pursuant to 10 U.S.C. § 2231 et seq., and the control over such armory would be vested in the state armory board. 1959 Op. Att'y Gen. No. 59-166.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
6 C.J.S. Armed Services § 288 et seq.