SENATE BILL 395

46th legislature - STATE OF NEW MEXICO - first session, 2003

INTRODUCED BY

Joseph A. Fidel







AN ACT

RELATING TO MILITARY AFFAIRS; MODIFYING REQUIREMENTS FOR APPOINTMENT OF ADJUTANT GENERAL; MODIFYING PROVISIONS FOR DISCHARGE OF A COMMISSIONED OR WARRANT OFFICER; AMENDING SECTIONS OF THE NMSA 1978; DECLARING AN EMERGENCY.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. Section 20-1-5 NMSA 1978 (being Laws 1987, Chapter 318, Section 5) is amended to read:

"20-1-5. ADJUTANT GENERAL--APPOINTMENT AND DUTIES.--In case of a vacancy, the governor shall appoint as the adjutant general of New Mexico for a term of five years an officer who for [three] five years immediately preceding his appointment as the adjutant general of New Mexico has been federally recognized as an officer in the national guard of New Mexico and who during his service in the national guard of New Mexico has received federal recognition in the rank of major or higher. The adjutant general shall not be removed from office during the term for which appointed, except for cause to be determined by a court-martial or efficiency board legally convened for that purpose in the manner prescribed by the national guard regulations of the United States department of defense. The adjutant general shall have the military grade of major general and shall receive the same pay and allowances as is prescribed by federal law and regulations for members of the active military in the grade of major general, unless a different rate of pay and allowances is specified in the annual appropriations bill. The adjutant general shall:

A. prepare and publish, by order of the governor, such orders, rules and regulations, consistent with law, as are necessary to maintain the military forces in a state of efficiency in conformity with the needs of the state and the federal defense requirements;

B. supervise the receipt, preservation, repair, distribution, issue and collection of all arms and military equipment of the state;

C. supervise all personnel, organizations, facilities, equipment, supplies and funds of the military forces;

D. maintain records of all members of the military forces and keep on file in his offices copies of all orders, reports, regulations and communications received and issued by him;

E. perform such other duties as may be required of him by the commander-in-chief; and

F. have a seal of office."

Section 2. Section 20-4-1 NMSA 1978 (being Laws 1987, Chapter 318, Section 18) is amended to read:

"20-4-1. STANDARDS FOR APPOINTMENT, PROMOTION, TERMINATION.--

A. The standards for commissioning, warranting and 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; or

(7) upon removal of state recognition 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."

Section 3. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2003.

Section 4. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.

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