SENATE BILL 79
46th legislature - STATE OF NEW MEXICO - second session, 2004
INTRODUCED BY
Richard M. Romero
AN ACT
RELATING TO VETERANS AFFAIRS; PROVIDING FOR MILITARY HONORS AT FUNERALS OF RESIDENT VETERANS; MAKING AN APPROPRIATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. Section 20-2-3 NMSA 1978 (being Laws 1987, Chapter 318, Section 10, as amended) is amended to read:
"20-2-3. GOVERNOR--POWER TO CALL OUT MILITIA.-- A. The governor may, in case of insurrection, invasion, riot or breach of the peace or of imminent danger thereof or in case of other emergency, order into active service of the state the militia or any components or parts thereof that have not been called into federal service. As used in this section, "emergency" includes any manmade or natural disaster causing or threatening widespread physical or economic harm that is beyond local control and requiring the resources of the state.
B. In case of any breach of the peace, tumult, riot or resistance to process of this state or imminent danger thereof, the sheriff of a county may call for aid from the governor as commander-in-chief of the national guard. If it appears to the governor that the power of the county is insufficient to enable the sheriff to preserve the peace and protect the lives and property of the peaceful residents of the county or to overcome the resistance to process of this state, the governor shall, on application of the sheriff, order out such military force as is necessary.
C. When any portion of the militia is called out for the purpose of suppressing an unlawful or riotous assembly, the commander of the troops shall cooperate with the civil officers to the fullest extent consistent with the accomplishment of the object for which the troops were called. The civil officials may express to the commander of the troops the general or specific objective that the civil officials desire to accomplish, but the tactical direction of the troops, the kind and extent of force to be used and the particular means to be employed to accomplish the object specified by the civil officers shall be left solely to the commander of the troops present on duty.
D. When any portion of the militia is ordered into active service pursuant to this section in case of an emergency, the militia may provide those resources and services necessary to avoid or minimize economic or physical harm until a situation becomes stabilized and again under local self-support and control, including the provision, on a temporary, emergency basis, for lodging, sheltering, health care, food, any transportation or shipping necessary to protect lives or public property; or for any other action necessary to protect the public health, safety and welfare.
E. In cooperation with the New Mexico veterans' service commission as provided in Section 28-13-5 NMSA 1978, the governor may order into active service any component or part of the militia to provide military honors at the funeral of a resident veteran of this state.
[E.] F. In the event of the exercise by the governor of the powers under this section, the governor shall first utilize the personnel and assets of the national guard and only in their absence or insufficiency utilize the personnel and assets of the New Mexico state defense force."
Section 2. Section 28-13-5 NMSA 1978 (being Laws 1927, Chapter 147, Section 3, as amended) is amended to read:
"28-13-5. POWERS AND DUTIES OF COMMISSION.--The New Mexico veterans' service commission shall:
A. make rules and regulations as may be necessary;
B. disseminate information regarding all laws beneficial to veterans, their surviving spouses and their children;
C. assist veterans, their surviving spouses and their children in the preparation, presentation and prosecution of claims against the United States arising by reason of military or naval services;
D. assist veterans, their surviving spouses and their children in [the] establishing [of] all rights and [the procurement of] procuring all benefits [which] that have accrued or may hereafter accrue to them under the laws of this state;
E. establish and coordinate a program utilizing the New Mexico national guard and local units of veterans organizations to provide military honors at the funeral of a resident veteran of this state. For each funeral, reimbursement not to exceed fifty dollars ($50.00) for expenses incurred by local veterans organizations may be authorized;
[E.] F. cooperate with all agencies of the United States [which are now or may hereafter be] established for the beneficial interest of veterans [and]. To [which] this end, the commission is authorized and empowered to enter into any agreements or contracts with the United States [which] that may be necessary for protecting or procuring rights or benefits for [veteran residents] resident veterans of this state; and
[F.] G. make a report to the governor on or before [the first day of] December 1 of each year covering all of its activities during the preceding year."
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