reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 13 - Lease of Geothermal Resources on State Lands › Section 19-13-28 - Collateral assignment of leases.

Any lease for geothermal resources in good standing, together with improvements placed on the land thereunder, may be assigned as collateral security under the same procedures and in the same manner as provided by law for filing, recording, approval, release and foreclosure of state land purchase contracts issued by the commissioner. When any assignment pursuant to this section has been approved by the commissioner, it shall constitute constructive notice thereof to the world from the date of approval.
History:
1953 Comp., § 7-15-28, enacted by Laws 1967, ch. 158, § 28.
ANNOTATIONS
Compiler's notes.
— Sections 19-7-37 to 19-7-47 NMSA 1978 set out the procedures surrounding assignment of state land purchase contracts as collateral.
Severability.
— Laws 1967, ch. 158, § 29, provided for severability of the Geothermal Resources Act if any part or application thereof is held invalid.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 14 - Reservation of Rights in Lease or Conveyance of State Lands › Section 19-14-1 - Commissioner of public lands to reserve certain rights to the state in leases or other conveyances of any mineral interests or rights to minerals in state lands.

In any lease or other conveyance of state lands granting any interest in or rights to minerals of whatsoever kind, including oil and gas, in those lands executed by the commissioner of public lands after the effective date of this section, the following reservation of rights to the state shall be made: "The state has a continuing option to purchase at any time and from time to time, at the market price prevailing in the area on the date of purchase, all or part of any minerals (specify the minerals) that may be produced from the lands covered by this lease (or other conveyance)."
History:
1953 Comp., § 7-16-1, enacted by Laws 1973, ch. 26, § 1.
ANNOTATIONS
Cross references.
— For reservation of mineral rights on state lands leased for grazing or agricultural purposes,
see
19-7-28 NMSA 1978.
For reservation of geothermal resources in leases, deed or sales contracts of state lands,
see
19-13-16 NMSA 1978.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 14 - Reservation of Rights in Lease or Conveyance of State Lands › Section 19-14-2 - Waiver of requirements for reservation of rights in leases or conveyance for specific minerals; procedures for waiver.

A. The commissioner of public lands may waive by written order the reservation of rights required under Section 1 [19-14-1 NMSA 1978] of this act in respect to any specific mineral, other than fossil fuels, for which there is no significant consumptive use within the state, but such order may be made only:
(1) after written notice is mailed by certified mail at least twenty days before the hearing required by Paragraph (3) of this subsection to the governor;
(2) after notice of the hearing required by Paragraph (3) of this subsection is posted in the same manner as notice of public sale of mineral leases is required to be posted under Section 19-8-33 NMSA 1978;
(3) after a public hearing on the issue of waiver under this subsection has been held by the commissioner of public lands or his designated representative in accordance with procedures adopted by the commissioner of public lands; and
(4) if the commissioner of public lands finds after considering the evidence produced at the hearing that a waiver of the provision would be in the best interests of the trust beneficiaries considering long-range and short-range benefits.
B. A waiver granted under Subsection A of this section shall be limited to a definite period of time not to exceed five years. Waivers may be renewed by the commissioner but only after following the procedure required under Subsection A of this section.
History:
1953 Comp., § 7-16-2, enacted by Laws 1973, ch. 26, § 2.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 14 - Reservation of Rights in Lease or Conveyance of State Lands › Section 19-14-3 - Disposal of minerals by commissioner of public lands.

The commissioner of public lands shall dispose of any minerals reserved under this act [19-14-1 to 19-14-3 NMSA 1978] at the best price available in order to gain the maximum benefit for the trust beneficiaries.
History:
1953 Comp., § 7-16-3, enacted by Laws 1973, ch. 26, § 3.
2023 New Mexico Statutes › Chapter 19 - Public Lands › Article 15 - Administration of Public Lands (Repealed.) › Section 19-15-1 to 19-15-10 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1981, ch. 241, § 13, repealed 19-15-1 to 19-15-10 NMSA 1978, as enacted by Laws 1980, ch. 153, §§ 1 to 10 and as amended by Laws 1981, ch. 241, § 13, relating to administration of public lands, effective July 1, 1990.
2023 New Mexico Statutes › Chapter 20 - Military Affairs › Article 1 - General Provisions › Section 20-1-1 - New Mexico Military Code; regulations.

The New Mexico Military Code shall consist of:
A. the constitution of the United States of America, including:
(1) Article 1, Section 8 (the militia clause);
(2) Article 2, Section 2 (powers of the president);
(3) Amendment 2 (right to keep and bear arms);
(4) Amendment 5 (rights of accused in criminal proceedings); and
(5) Amendment 10 (powers reserved to states or people);
B. the constitution of New Mexico:
(1) Article 2, Section 9 (military power subordinate; quartering of soldiers);
(2) Article 2, Section 14 (indictment and information; grand juries; rights of accused);
(3) Article 5, Section 4 (governor's executive power; commander of militia);
(4) Article 9, Section 7 (state indebtedness; purposes); and
(5) Article 18 (militia); and
C. Chapter 20 NMSA 1978.
The New Mexico Military Code shall be published, maintained and disseminated by the adjutant general. It may be implemented by executive orders or proclamations or by orders, rules or regulations of the adjutant general, consistent with the constitutions and laws of the state and of the United States, so as to achieve its intended effects and purposes. When attested by the adjutant general as issued by command of the governor, regulations shall have full force and effect upon publication. They are exempt from the requirements of filing of the State Rules Act [Chapter 14, Article 4 NMSA 1978].
History:
1978 Comp., § 20-1-1, enacted by Laws 1987, ch. 318, § 1.
ANNOTATIONS
Repeals and reenactments.
— Laws 1987, Chapter 318 repealed former 20-1-1 NMSA 1978, as amended by Laws 1977, ch. 258, § 10, relating to the office of military affairs, and enacted a new section, effective April 10, 1987.
Cross references.
— For tuition payments for residents conscripted into military service,
see
21-1-4.1 NMSA 1978.
2023 New Mexico Statutes › Chapter 20 - Military Affairs › Article 1 - General Provisions › Section 20-1-2 - Laws to conform to United States regulations.

The intent of the New Mexico Military Code and all laws and regulations of the state affecting the military forces is to reasonably conform to all laws and regulations of the United States affecting the same subjects, except as otherwise expressly provided with respect to military justice.
History:
1978 Comp., § 20-1-2, enacted by Laws 1987, ch. 318, § 2.
ANNOTATIONS
Repeals and reenactments.
— Laws 1987, Chapter 318 repealed former 20-1-2 NMSA 1978, as amended by Laws 1977, ch. 258, § 11, relating to the adjutant general as director, and enacted a new section, effective April 10, 1987.
Sovereign immunity barred USERRA claim against the state.
— Article I, Section 8, Clause 11 of the United States Constitution, known as the war powers clause, does not authorize congress to subject the state to private suits for damages in state courts pursuant to the Uniformed Services Employment and Reemployment Rights Act, 38 U.S.C. §§ 4301 to 4335, absent the state's consent and the legislature has not waived the state's constitutional immunity to private USERRA suits for damages.
Ramirez v. State ex rel. CYFD
, 2014-NMCA-057,
rev'd by
2016-NMSC-016.
Where plaintiff, who was a member of the New Mexico national guard, was employed by the department; plaintiff was deployed to Iraq; upon plaintiff's return from active duty, plaintiff was reemployed by the department in plaintiff's previous position; plaintiff's working relations with plaintiff's supervisors deteriorated and plaintiff's employment was terminated; and filed a suit under Uniformed Services Employment and Reemployment Rights Act, 38 U.S.C. §§ 4301 to 4335, alleging that the department discriminated against plaintiff and terminated plaintiff because of plaintiff's military service, plaintiff's claim was barred by state sovereign immunity.
Ramirez v. State ex rel. CYFD
, 2014-NMCA-057,
rev'd by
2016-NMSC-016.
2023 New Mexico Statutes › Chapter 20 - Military Affairs › Article 1 - General Provisions › Section 20-1-3 - Armed forces regulations to govern.

All matters relating to the organization, discipline and government of the military forces, not otherwise provided for in the New Mexico Military Code, shall be decided by the custom, regulations and usage of the armed forces of the United States.
History:
1978 Comp., § 20-1-3, enacted by Laws 1987, ch. 318, § 3.
ANNOTATIONS
Repeals and reenactments.
— Laws 1987, Chapter 318 repealed former 20-1-3 NMSA 1978, as enacted by Laws 1977, ch. 258, § 12, relating to the military division, and enacted a new section, effective April 10, 1987.
2023 New Mexico Statutes › Chapter 20 - Military Affairs › Article 1 - General Provisions › Section 20-1-4 - Governor to be commander-in-chief; enforcement of New Mexico Military Code.

A. The governor shall be the commander-in-chief of the military forces, except so much thereof as may be in the actual service of the United States, and may employ the military forces for the defense or relief of the state, the enforcement of its law and the protection of life and property therein.
B. The adjutant general shall be the commanding general of New Mexico, and the deputy adjutant general shall be the deputy commanding general of New Mexico.
C. Whenever the governor or acting governor is unable to personally perform the duties of commander-in-chief or whenever the governor so directs, the adjutant general or, in the adjutant general's absence, the senior line officer of the national guard present for duty with the troops shall command the military forces.
D. The governor may appoint a staff consisting of the adjutant general and aides-de-camp of field grade or higher who shall be detailed from the national guard or the state defense force. The governor may designate honorarily other persons as colonels aide-de-camp.
E. The governor may, by executive orders, proclamations or regulations not inconsistent with law, enforce all the provisions of the New Mexico Military Code.
History:
1978 Comp., § 20-1-4, enacted by Laws 1987, ch. 318, § 4; 2021, ch. 55, § 1.
ANNOTATIONS
Cross references.
— For governor as commander in chief of national guard,
see
N.M. Const., art. XVIII, § 1.
The 2021 amendment,
effective June 18, 2021, provided that the adjutant general is the commanding general of New Mexico and that the deputy adjutant general is the deputy commanding general of New Mexico; added a new Subsection B and redesignated former Subsections B through D as Subsections C through E, respectively; and in Subsection E, added "New Mexico" preceding "Military Code".
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 § 289.
2023 New Mexico Statutes › Chapter 20 - Military Affairs › Article 1 - General Provisions › Section 20-1-7 - Reference to gender.

In Chapter 20 NMSA 1978, the use of the male pronoun shall be construed to include the female equivalent unless specifically stated to the contrary.
History:
1978 Comp., § 20-1-7, enacted by Laws 1987, ch. 318, § 7.
2023 New Mexico Statutes › Chapter 20 - Military Affairs › Article 1 - General Provisions › Section 20-1-8 - State benefits for members of armed forces called to active duty and deployed; benefits for surviving children of a member killed in the line of duty.

A. A New Mexico resident who is a member of the New Mexico national guard or of a branch of the federal armed forces and who is called to active duty and is deployed and serves during the period beginning on the effective date of this section and ending on the date the president of the United States declares that the emergency requiring the call-up is terminated is entitled to the following benefits, notwithstanding any provision of law to the contrary:
(1) a free game hunting and fishing license for the year following the year of the member's deactivation and return to the state;
(2) an extension of one year after the return of the member to the state of the date the member is required to file a state personal income tax return if the filing date occurs while the member is on active duty and deployed;
(3) an extension for one month after the member's return to the state of the date to renew a driver's license if the renewal date occurs while the member is on active duty and deployed; and
(4) a refund or credit of tuition paid to a state post-secondary educational institution for attendance during a period when the attendance of the member was interrupted by activation and deployment.
B. The surviving children of a New Mexico resident who was a member of the New Mexico national guard or of a branch of the federal armed forces and who was killed in the line of duty after being called to active duty and deployed during the period beginning on April 3, 2003 and ending on the date the president of the United States declares that the emergency requiring the call-up is terminated are entitled to waivers of tuition for four consecutive years at a state post-secondary educational institution, notwithstanding any provision of law to the contrary.
History:
Laws 2003, ch. 136, § 1; 2011, ch. 186, § 7.
ANNOTATIONS
The 2011 amendment,
effective April 1, 2012, eliminated the category of general hunting license.
2023 New Mexico Statutes › Chapter 20 - Military Affairs › Article 1 - General Provisions › Section 20-1-8.1 - Military deployment; municipal or county services and utilities discontinued.

A. When a resident is a member of a branch of the United States armed forces, the reserves or the New Mexico national guard and is deployed or on temporary duty assignment outside the resident's community for more than thirty days, the resident may suspend some or all municipal or county services, public utilities or telecommunications services provided by persons whose rates are regulated by the municipality, the county or the public regulation commission for the home of the resident without a penalty. The resident shall certify to the municipality, county or other service providers that:
(1) the resident has orders to deploy or to be temporarily assigned outside the resident's community;
(2) the service is in the resident's name;
(3) the resident owns the home or has a lease that does not preclude suspension of municipal or county services or utilities; and
(4) family members or other persons will not be staying in the home during the time the resident is deployed or temporarily assigned.
B. Upon return from deployment or temporary duty assignment, the resident shall be allowed to reconnect the suspended municipal or county services, public utilities or telecommunications services without having to pay a reconnection fee. Except for new equipment or installation of equipment, the resident may establish new service at a new address without paying a connection fee.
History:
Laws 2013, ch. 35, § 1 and Laws 2013, ch. 193, § 1.
ANNOTATIONS
Compiler's notes.
— Laws 2013, ch. 35, § 1 and Laws 2013, ch. 193, § 1, both effective June 14, 2013, enacted identical new sections. The section was set out as enacted by Laws 2013, ch. 193, § 1.
See
12-1-8 NMSA 1978.
2023 New Mexico Statutes › Chapter 20 - Military Affairs › Article 1 - General Provisions › Section 20-1-9 - Onate training center complex; morale, welfare and recreation facility; establishment; powers and duties; proceeds; audits.

A. As used in this section:
(1) "department" means the department of military affairs; and
(2) "facilities" means a post exchange, canteen, barber shop, fitness center, snack bar, transient housing, billeting operation, laundry or similar facility, the purpose of which is to enhance the morale and welfare of military personnel.
B. The department may establish "morale, welfare and recreation facilities" at the Onate training center complex in Santa Fe for use by:
(1) active and reserve component members of the armed forces of the United States;
(2) persons retired from the armed forces of the United States; and
(3) state and federal civilian employees assigned to the department.
C. The facilities shall be established in accordance with rules of the federal departments of the army and air force and the national guard governing nonappropriated fund morale, welfare and recreation activities. The department of military affairs shall adopt and promulgate rules to carry out the provisions of this section.
D. The facilities shall be:
(1) separate and apart from the state; and
(2) self-sufficient and shall not receive any appropriations from the legislature.
E. The department shall establish a system of bookkeeping and accounting for the proper handling of money derived from the operation of the facilities. The department shall establish bank accounts as necessary for the deposit of revenue from operation of the facilities. Money derived from operation of the facilities is not state money and shall not be commingled with money received by the department from state sources.
F. The department may contract for the operation of the facilities. Employees of the facilities are not state employees for any purpose.
G. No obligations or contracts of the facilities shall be considered to be obligations or contracts of the state.
H. The department shall require an annual independent audit each year of the facilities' operations and may require other audits as necessary. Audits shall be submitted to the state auditor and the legislative finance committee within ten days of receipt by the department.
I. Money derived from the operation of the facilities is appropriated to the department for the continued operation of the facilities and for the general welfare of members of the New Mexico national guard.
History:
Laws 2007, ch. 84, § 1.
ANNOTATIONS
Effective dates.
— Laws 2007, ch. 84, contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 15, 2007, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 20 - Military Affairs › Article 2 - Militia › Section 20-2-1 - Definitions and principles.

A. "Militia" means all the military forces of this state, organized and unorganized, whether active or inactive; but excludes the regularly organized police forces of the state or its political subdivisions and excludes the civil air patrol division.
B. "National guard" means the New Mexico army national guard and the New Mexico air national guard. The national guard is federally recognized and has a dual state and federal character and mission. When used in Chapter 20 NMSA 1978 national guard shall refer to the national guard of New Mexico unless otherwise stated.
C. "New Mexico state defense force" means that part of the militia of the state which is not federally recognized. It is exclusively a state entity. Its standing cadre is a component of the organized militia; its ranks are filled upon order of the governor from the unorganized militia. When used in Chapter 20 NMSA 1978, state defense force shall refer to the New Mexico state defense force.
History:
1978 Comp., § 20-2-1, enacted by Laws 1987, ch. 318, § 8.
ANNOTATIONS
Repeals and reenactments.
— Laws 1987, Chapter 318 repealed former 20-2-1 NMSA 1978, as enacted by Laws 1925, ch. 113, § 1, relating to the National Defense Act, 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 §§ 28, 29.
6 C.J.S. Armed Services § 288.
2023 New Mexico Statutes › Chapter 20 - Military Affairs › Article 2 - Militia › Section 20-2-4 - Governor; proclamation of a state of insurrection.

Whenever any portion of the militia is in active service of the state in aid of civil authority, the governor, if in his judgment the maintenance of law and order will thereby be promoted, may by proclamation declare a specified area in which the troops are serving to be in a state of insurrection and may declare martial law therein.
History:
1978 Comp., § 20-2-4, enacted by Laws 1987, ch. 318, § 11.
ANNOTATIONS
Repeals and reenactments.
— Laws 1987, Chapter 318 repealed former 20-2-4 NMSA 1978, as enacted by Laws 1925, ch. 113, § 3, relating to the classification of militia, and enacted a new section, effective April 10, 1987.
Cross references.
— For constitutional power of governor to call out militia,
see
N.M. Const., art. V, § 4.
Declaration conclusive.
— The governor need not set out in his proclamation why martial law is declared and his declaration is conclusive. 1943 Op. Att'y Gen. No. 43-4252.
Effects of using militia.
— Where the governor of the state, seeking to quell insurrection, calls out the militia by executive process and puts them in charge, such military forces do not act as sheriffs or deputy sheriffs, but their power supersedes the civil authorities; the courts may not, under writs of habeas corpus, interfere with their arrests made during insurrection.
State ex rel. Roberts v. Swope
, 1933-NMSC-097, 38 N.M. 53, 28 P.2d 4.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
53 Am. Jur. 2d Military, and Civil Defense §§ 3, 32.
2023 New Mexico Statutes › Chapter 20 - Military Affairs › Article 2 - Militia › Section 20-2-5 - Fresh pursuit.

A. In case the United States is at war or in case of any other emergency declared by the president or the congress of the United States or by the governor or the legislature of this state, any organization, unit or detachment of the military forces of this state by direction of the governor and upon order of the officer in immediate command thereof may continue in fresh pursuit of insurrectionists, saboteurs, perpetrators of felony, enemies or enemy forces beyond the borders of this state into another state of the United States until they are apprehended or captured by such organization, unit or detachment or until the military or police forces of such other state or the forces of the United States have had a reasonable opportunity to take up the pursuit or to apprehend or capture the persons pursued, provided such other state shall have given authority by law for such pursuit by such forces of this state. Except as otherwise provided by law, any person who shall be apprehended or captured in another state of the United States by any of the forces of this state shall without unnecessary delay be surrendered to the military or police forces of the state in which he is taken or to the United States, but such surrender shall not constitute a waiver by this state of its right to extradite or prosecute such person for any crime committed in this state.
B. Military forces of other states of the United States may enter this state. Any military forces of another state of the United States who are in fresh pursuit of insurrectionists, saboteurs, perpetrators of felony, enemies or enemy forces may continue such pursuit into this state until the military or police forces of this state or the forces of the United States have had a reasonable opportunity to take up the pursuit or to apprehend or capture the persons pursued and the pursuing forces may arrest or capture such persons within this state while in fresh pursuit. Any such person who shall be captured or arrested by the military forces of such other state while in this state shall without unnecessary delay be surrendered to the military or police forces of this state to be dealt with according to law.
C. This section shall not be construed so as to make unlawful any arrest in this state which would otherwise be lawful or to repeal or prevent the application of any of the provisions of the Uniform Act on Fresh Pursuit [31-2-1 to 31-2-7 NMSA 1978].
History:
1978 Comp., § 20-2-5, enacted by Laws 1987, ch. 318, § 12.
ANNOTATIONS
Repeals and reenactments.
— Laws 1987, Chapter 318 repealed former 20-2-5 NMSA 1978, as enacted by Laws 1925, ch. 113, § 4, relating to proclamation of insurrection, and enacted a new section, effective April 10, 1987.
2023 New Mexico Statutes › Chapter 20 - Military Affairs › Article 2 - Militia › Section 20-2-6 - Governor; call for federal or state service; powers.

A. When the national guard or a part thereof is called or ordered into active federal service under the constitution and laws of the United States and the numbers or composition of the national guard forces are insufficient to meet such call or order, the governor may order out and cause through the adjutant general to be enrolled into the organized militia such persons as may be required and expected to reasonably meet the federal call or order.
B. The governor may order out the organized militia when:
(1) the national guard or any significant portion thereof is called or ordered into active federal service and the remaining national guard forces are insufficient for the needs of the state; or
(2) the governor deems it necessary to meet a major disaster, experienced or anticipated. The governor is authorized to call into active state service the state defense force or any portion thereof as may be necessary for the protection and well being of the state. If the numbers or composition of the state defense force is inadequate to meet the need, the governor may call out and cause through the adjutant general to be enrolled from the unorganized militia such persons as are required to bring the organized militia up to strength.
History:
1978 Comp., § 20-2-6, enacted by Laws 1987, ch. 318, § 13; 2021, ch. 55, § 3.
ANNOTATIONS
Repeals and reenactments.
— Laws 1987, Chapter 318 repealed former 20-2-6 NMSA 1978, as enacted by Laws 1925, ch. 113, § 5, and enacted a new section, effective April 10, 1987.
The 2021 amendment,
effective June 18, 2021, authorized the governor to order out the organized militia, which may be formed when the numbers or composition of the national guard forces are insufficient, when the governor deems it necessary, and removed a provision that authorized the governor to call out the organized militia when the total strength or composition of the national guard is deemed by the governor to be insufficient; and in Subsection B, Paragraph B(2), after the first occurrence of "the", deleted "total strength or composition of the national guard within the state is deemed by the governor to be insufficient" and added "governor deems it necessary".
Am. Jur. 2d, A.L.R. and C.J.S. references. —
6 C.J.S. Armed Services § 295.
2023 New Mexico Statutes › Chapter 20 - Military Affairs › Article 2 - Militia › Section 20-2-7 - Miscellaneous provisions.

A. The composition, uniform, equipment and location of all units of the militia shall be prescribed by the governor consistent with the laws and regulations of the United States.
B. The designation of organizations of the national guard shall not be given to any new organization during their absence from the state.
History:
1978 Comp., § 20-2-7, enacted by Laws 1987, ch. 318, § 14.
ANNOTATIONS
Repeals and reenactments.
— Laws 1987, Chapter 318 repealed former 20-2-7 NMSA 1978, as enacted by Laws 1925, ch. 113, § 6, relating to oaths, 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 § 288 et seq.
2023 New Mexico Statutes › Chapter 20 - Military Affairs › Article 2 - Militia › Section 20-2-8 - Honorary promotion upon retirement.

Members of the organized militia may be promoted by the governor to the next higher grade on the occasion of their retirement from service under the following conditions:
A. that the member has honorably served either a total of thirty years in the federal military or organized militia combined or a minimum of twenty years in the organized militia, provided that no period of less than ten years in the state defense force shall be credited toward either of these requirements; and
B. that the honorary promotion be requested by the member and be favorably recommended by the adjutant general.
History:
1978 Comp., § 20-2-8, enacted by Laws 1987, ch. 318, § 15.
ANNOTATIONS
Repeals and reenactments.
— Laws 1987, Chapter 318 repealed former 20-2-8 NMSA 1978, as enacted by Laws 1925, ch. 113, § 7, relating to enrolling officers, and enacted a new section, effective April 10, 1987.
2023 New Mexico Statutes › Chapter 20 - Military Affairs › Article 2 - Militia › Section 20-2-9 to 20-2-18 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1987, ch. 318, § 98A repealed 20-2-9 to 20-2-18 NMSA 1978, as enacted by Laws 1925, ch. 113, §§ 8 to 20, relating to assignment of county quotas, appointment of officers, draft, reports, call-up for federal service, process and service, and composition and location of units, effective April 10, 1987.
2023 New Mexico Statutes › Chapter 20 - Military Affairs › Article 3 - Department of Military Affairs › Section 20-3-1 - Department of military affairs [created].

There is created the "department of military affairs" which shall act on behalf of the governor to exercise organizational, operational and administrative command and control of the military forces of the state and to direct and coordinate the functions, efforts and activities of the civil air patrol division for the well being of the state.
History:
1978 Comp., § 20-3-1, enacted by Laws 1987, ch. 318, § 16; 1989, ch. 204, § 20; 1989, ch. 337, § 1.
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 20-3-1 NMSA 1978, as enacted by Laws 1925, ch. 113, § 21, relating to the commander-in-chief, and enacted a new section, effective April 10, 1987.
Cross references.
— For the Military Affairs Act,
see
9-9-1 NMSA 1978 et seq.
The 1989 amendment,
effective June 16, 1989, deleted "civil emergency preparedness division and the" preceding "civil air patrol division".
Laws 1989, ch. 204, § 20, effective July 1, 1989, and Laws 1989, ch. 337, § 1, effective June 16, 1989, enacted identical amendments to this section. The section was set out as amended by Laws 1989, ch. 337, § 1.
See
12-1-8 NMSA 1978.
2023 New Mexico Statutes › Chapter 20 - Military Affairs › Article 3 - Department of Military Affairs › Section 20-3-3 to 20-3-10 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1987, ch. 318, § 98A repealed 20-3-3 to 20-3-10 NMSA 1978, as enacted by Laws 1925, ch. 113, §§ 18, 23, 25, 26, 38 and Laws 1961, ch. 198, §§ 7 and 8, relating to salaries, officers, promotions, retirement and call to active duty, effective April 10, 1987.
2023 New Mexico Statutes › Chapter 20 - Military Affairs › Article 4 - National Guard › Section 20-4-1 - Standards for appointment, promotion, termination.

A. The standards for commissioning, warranting, enlisting; for promotion and demotion in grade or rank; and for assignment, transfer, discharge and retirement of members of the national guard shall be established by regulations promulgated by the adjutant general. Such regulations shall substantially conform these requirements to the laws and regulations of the United States relating to the national guard of the United States.
B. The regulations concerning discharge shall include a provision that a commissioned or warrant officer can be discharged only:
(1) upon removal of federal recognition by the national guard bureau;
(2) upon transfer by request of the officer to another military reserve component of the United States;
(3) upon resignation duly accepted by the governor;
(4) for absence without leave for more than ninety days;
(5) upon recommendation of a federal recognition board or other state efficiency board approved by the governor; or
(6) after a court-martial imposing a sentence of dismissal, if the sentence of dismissal is approved by the governor.
C. Discharge certificates shall reflect the character of the member's service. They shall conform as closely as practicable to discharge certificates of the United States military forces.
History:
1978 Comp., § 20-4-1, enacted by Laws 1987, ch. 318, § 18.
ANNOTATIONS
Repeals and reenactments.
— Laws 1987, Chapter 318 repealed former 20-4-1 NMSA 1978, as enacted by Laws 1961, ch. 198, § 11, relating to accountability for money and property, and enacted a new section, effective April 10, 1987.
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 4 - National Guard › Section 20-4-2 - Administration of oaths.

All commissioned and warrant officers of the national guard and of the active and reserve military forces of the United States are hereby authorized and empowered to administer oaths and affirmations when directed by proper authority in all matters pertaining to and concerning the national guard, including the administration of oaths and affirmations in the enlistment of soldiers therefor.
History:
1978 Comp., § 20-4-2, enacted by Laws 1987, ch. 318, § 19.
ANNOTATIONS
Repeals and reenactments.
— Laws 1987, Chapter 318 repealed former 20-4-2 NMSA 1978, as enacted by Laws 1961, ch. 198, § 12, relating to organization funds, 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 § 7.
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 4 - National Guard › Section 20-4-3 - Pay and allowances.

A. Members of the national guard, when on state-ordered duty for any period, shall receive the same basic pay and allowances as are prescribed by federal laws and regulations for members of the national guard on active federal service of like grade and length of service. Notwithstanding the provisions of this subsection, enlisted members of the national guard in the pay grades of E1 through E5, when on state-ordered duty for any period, shall receive not less than the minimum daily rate of pay received by a pay grade of E6 on active military service in the armed forces of the United States.
B. Members of the national guard who are on full-time active status for the state as adjutant general or as members of his staff may enter upon periods of active duty for training in the armed forces of the United States without loss of state pay, seniority or other employment benefits, when such active duty for training has been approved by the governor as commander-in-chief.
History:
1978 Comp., § 20-4-3, enacted by Laws 1987, ch. 318, § 20; 2001, ch. 268, § 1; 2001, ch. 271, § 1.
ANNOTATIONS
The 2001 amendment,
effective July 1, 2001, inserted the last sentence of Subsection A.
Laws 2001, ch 268, § 1 and Laws 2001, ch. 271, § 1, both effective July 1, 2001, enacted identical amendments to this section. The section was set out as amended by Laws 2001, ch. 271, § 1.
See
12-1-8 NMSA 1978.
Scope of state's power for public defense.
— The state's power to provide for the public defense embraces consideration of preparedness as well as execution, and the governor may authorize money to equip and quarter the national guard.
State ex rel. Charlton v. French
, 1940-NMSC-010, 44 N.M. 169, 99 P.2d 715.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
53 Am. Jur. 2d Military, and Civil Defense § 169 et seq.
Constitutionality of statute providing for payments to public officers or employees who enter military service of the United States or their dependents, 145 A.L.R. 1156.
Workmen's compensation: person in military or naval service, 150 A.L.R. 1456.
6 C.J.S. Armed Services § 293.
2023 New Mexico Statutes › Chapter 20 - Military Affairs › Article 4 - National Guard › Section 20-4-4 - Members not liable for acts in performance of duty.

Whenever a member of the national guard is on state-ordered active duty or while on other state duty reasonably requested by competent military authority, he shall not incur personal civil liability for acts performed in the line of the 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., § 20-4-4, enacted by Laws 1987, ch. 318, § 21.
2023 New Mexico Statutes › Chapter 20 - Military Affairs › Article 4 - National Guard › Section 20-4-5 - Workmen's compensation.

Whenever a member of the national guard is on state-ordered duty or while on other state duty reasonably requested by competent military authority or while traveling directly to or from said duty, he is a workman under the Workmen's Compensation Act and the department of military affairs is his employer. The average weekly wage of a member of the national guard shall be computed as seven times the daily pay and allowances and the value of rations and quarters supplied him while on state duty.
History:
1978 Comp., § 20-4-5, enacted by Laws 1987, ch. 318, § 22.
ANNOTATIONS
Compiler's notes.
— Laws 1987, ch. 235, § 1 amended 52-1-1 NMSA 1978, formerly the short title of the Workmen's Compensation Act, to read: "Chapter 52, Article 1 NMSA 1978 shall be known and may be cited as the 'Workers' Compensation Act'".
Am. Jur. 2d, A.L.R. and C.J.S. references. —
53 Am. Jur. 2d Military, and Civil Defense § 169 et seq.
Workmen's compensation: person in military or naval service, 150 A.L.R. 1456.
6 C.J.S. Armed Services § 293.
2023 New Mexico Statutes › Chapter 20 - Military Affairs › Article 4 - National Guard › Section 20-4-6 - Discrimination prohibited; penalty.

No employer or agent thereof shall refuse to hire or penalize or discharge from employment any person because of membership in the national guard or prevent the member from performing any military service he may be called upon to perform by proper authority. Willful violation of this section shall be a misdemeanor.
History:
1978 Comp., § 20-4-6, enacted by Laws 1987, ch. 318, § 23.
ANNOTATIONS
Cross references.
— For penalty provision,
see
20-11-6 NMSA 1978.
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 4 - National Guard › Section 20-4-7.2 - Legislative findings and purpose.

A. The legislature finds that:
(1) the national guard has a proud tradition of military service with thousands of New Mexicans having answered the call of the nation and served in the national guard;
(2) there have been instances in which the dependents of members of the national guard have been left without adequate financial resources when a national guard member has been killed while on active duty;
(3) members of the national guard are now being asked to serve extended periods of active duty in combat areas;
(4) members of the national guard are eligible for life insurance policies up to the maximum amount allowable through the federal servicemembers' group life insurance program; and
(5) members of the national guard provide New Mexico and its citizens valuable benefits through their service inside this state and through their recently extended periods of active duty in combat areas outside of New Mexico, and in exchange for these extended periods of active duty they should receive assistance with their premiums for the federal servicemembers' group life insurance program.
B. The purpose of creating and funding the service members' life insurance reimbursement fund is to provide a benefit to members of the national guard in exchange for and in recognition of their assumption of extended periods of active duty in combat areas, in addition to their increased contributions to the safety and welfare of the citizens of the state of New Mexico.
History:
Laws 2005, ch. 2, § 1; 2015, ch. 149, § 1.
ANNOTATIONS
The 2015 amendment,
effective April 10, 2015, made members of the New Mexico national guard eligible for life insurance policies "for up to the maximum amount allowable" through the federal servicemembers' group life insurance program; deleted "New Mexico" throughout the section; and in Subsection A, Paragraph (4), after "insurance policies", deleted "that are currently limited" and added "up", and after "to", deleted "two hundred fifty thousand dollars ($250,000)" and added "the maximum amount allowable".
Applicability.
— Laws 2005, ch. 2, § 4 made the provisions of Laws 2005, ch. 2, § 1 applicable to premiums paid on or after February 2, 2005.
2023 New Mexico Statutes › Chapter 20 - Military Affairs › Article 4 - National Guard › Section 20-4-7.3 - Service members' life insurance reimbursement fund created; purpose; appropriation.

A. The "service members' life insurance reimbursement fund" is created as a nonreverting fund in the state treasury. The fund shall consist of legislative appropriations to the fund; gifts, grants, donations and bequests to the fund; and income from investment of the fund. Expenditures from the fund shall be made on warrants drawn by the secretary of finance and administration signed by the adjutant general of the department of military affairs or the adjutant general's authorized representative.
B. The fund shall be administered by the department of military affairs, and money in the fund is appropriated to the department of military affairs for the purpose of reimbursing eligible members of the New Mexico national guard for premiums paid for benefits under the servicemembers' group life insurance program pursuant to 38 U.S.C. Section 1965 et seq., as amended.
C. The department of military affairs shall adopt rules necessary to determine eligibility for reimbursement from the service members' life insurance reimbursement fund and to implement a reimbursement program.
D. Nothing in this section is intended to alter, amend or change the eligibility or applicability of the servicemembers' group life insurance program pursuant to 38 U.S.C. Section 1965 et seq., as amended, or any rights, responsibilities or benefits thereunder.
History:
Laws 2005, ch. 2, § 2; 2007, ch. 197, § 1.
ANNOTATIONS
The 2007 amendment,
effective June 15, 2007, made the service members' life insurance reimbursement fund a nonreverting fund.
Applicability.
— Laws 2005, ch. 2, § 4 made the provisions of Laws 2005, ch. 2, § 2 applicable to premiums paid on or after February 2, 2005.
2023 New Mexico Statutes › Chapter 20 - Military Affairs › Article 4 - National Guard › Section 20-4-8 - Exemptions; jury duty and civil process; equipment.

A. Members of the national guard 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 military duty. This exemption shall not preclude the proper issuance of traffic citations, or temporary delays which do not materially impede the timely performance of military duty, or arrest for driving while intoxicated.
B. Uniforms, arms and equipment required by law or regulations to be owned by members of the national guard and all uniforms, arms, equipment or other property of the state or the United States issued to members of the national guard shall be exempt from all suits, distresses, executions or sales for debt or payment of taxes.
History:
1978 Comp., § 20-4-8, enacted by Laws 1987, ch. 318, § 25.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
53A Am. Jur. 2d Military, and Civil Defense § 377 et seq.
Public policy as grounds for exemptions from service of process, 85 A.L.R. 1340, 94 A.L.R. 1475.
Exemption of members of armed forces from service of civil process, 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.
6 C.J.S. Armed Services § 293.
2023 New Mexico Statutes › Chapter 20 - Military Affairs › Article 4 - National Guard › Section 20-4-9 - Members of the national guard, state hiring preference.

While serving in the national guard, applicants for state employment shall be awarded veterans' preference status and points to the same extent as discharged veterans of federal military service.
History:
1978 Comp., § 20-4-9, enacted by Laws 1987, ch. 318, § 26.
2023 New Mexico Statutes › Chapter 20 - Military Affairs › Article 4 - National Guard › Section 20-4-10 - Members of the national guard considered state employees.

Members of the national guard shall be considered to be state employees for the purpose of eligibility to purchase and participate in group insurance coverages afforded other state employees.
History:
1978 Comp., § 20-4-10, enacted by Laws 1987, ch. 318, § 27.
2023 New Mexico Statutes › Chapter 20 - Military Affairs › Article 4 - National Guard › Section 20-4-11 - Survivors' benefit; tuition payment.

The surviving spouse and all surviving minor children of a member of the national guard who dies in line of duty while serving on state military status shall be provided free tuition up to one baccalaureate degree or similar vocational certification at any state-sponsored university, college or institute of learning.
History:
1978 Comp., § 20-4-11, enacted by Laws 1987, ch. 318, § 28.
2023 New Mexico Statutes › Chapter 20 - Military Affairs › Article 4 - National Guard › Section 20-4-12 - Repealed.

History:
1978 Comp., § 20-4-12, enacted by Laws 1987, ch. 318, § 29; repealed by Laws 2021, ch. 55, § 12.
ANNOTATIONS
Repeals.
— Laws 2021, ch. 55, § 12 repealed 20-4-12 NMSA 1978, as enacted by Laws 1987, ch. 318, § 29, relating to military last will and testament for national guard and reserves, effective June 18, 2021. For provisions of former section,
see
the 2020 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 20 - Military Affairs › Article 4 - National Guard › Section 20-4-13 - National guard scholarship fund.

The adjutant general shall maintain and administer a scholarship fund for the benefit of enlisted members of the national guard who have demonstrated potential to become commissioned officers. The fund shall consist of such money and assets as the legislature shall appropriate and as shall be donated from private sources. No less than half of the annual expenditures of the fund shall be for the benefit of national guard enlisted members enrolled in a commissioning program at the New Mexico Military Institute and the remainder in such programs at other educational institutions within the state.
History:
1978 Comp., § 20-4-13, enacted by Laws 1987, ch. 318, § 30.
ANNOTATIONS
Cross references.
— For the New Mexico military institute,
see
21-12-1 NMSA 1978 et seq.
2023 New Mexico Statutes › Chapter 20 - Military Affairs › Article 4 - National Guard › Section 20-4-14 - Resident tuition.

An active member of the national guard and the member's spouse and children shall be deemed in-state residents for purposes of determining tuition and fees at all state institutions of higher learning.
History:
1978 Comp., § 20-4-14, enacted by Laws 1987, ch. 318, § 31; 2005, ch. 168, § 2.
ANNOTATIONS
Cross references.
— For resident tuition of members of armed forces,
see
21-4-4.5 NMSA 1978.
The 2005 amendment,
effective June 17, 2005, provided that the spouse and children of a member of the national guard shall be deemed in-state residents.