House Bill text for HB0927

HOUSE BILL 927

48th legislature - STATE OF NEW MEXICO - first session, 2007

INTRODUCED BY

Thomas A. Anderson

AN ACT

RELATING TO MILITARY AFFAIRS; CHANGING THE NAME OF THE NEW MEXICO STATE DEFENSE FORCE TO THE NEW MEXICO STATE GUARD.

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

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

"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. 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 [his] the adjutant general's absence, the senior line officer of the national guard present for duty with the troops shall command the military forces.

C. 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] guard. The governor may designate honorarily other persons as colonels aide-de-camp.

D. The governor may, by executive orders, proclamations or regulations not inconsistent with law, enforce all the provisions of the New Mexico Military Code."

Section 2. Section 20-1-6 NMSA 1978 (being Laws 1987, Chapter 318, Section 6, as amended) is amended to read:

"20-1-6. PAYMENTS BY STATE TREASURER--CERTIFICATES OF INDEBTEDNESS.--

A. All compensation of personnel and all the necessary expenses incurred in quartering, housing, caring for, subsisting, protecting, equipping, warning for duty and transporting such officers and members and their equipment, including the purchase or lease of any articles of material, equipment or supplies reasonably required, designed or needed to accomplish the purpose or results desired by the governor or specified in [his] the governor's call for such troops into service of the state, shall be paid by the state. The state treasurer, upon presentation to [him] the state treasurer of vouchers and payrolls for such compensation, expenses, supplies and materials, certified by the officers commanding such forces and approved by the adjutant general, shall pay the vouchers and payrolls out of any money available in the state treasury not otherwise appropriated, provided that the vouchers and payrolls for such service, supplies and materials do not exceed two hundred fifty thousand dollars ($250,000) in any one fiscal year.

B. If there is no money available in the state treasury [which] that is not otherwise appropriated or if the vouchers and payrolls for such service, material and supplies approach the amount of two hundred fifty thousand dollars ($250,000) in any one fiscal year, the state treasurer shall certify such facts to the governor, who shall inquire into and make an estimate of the total probable cost necessary to be incurred for all purposes in connection with or to accomplish the purpose for which such troops were called into active service. If [he] the governor deems it necessary and prudent in order to provide for the public defense that such expenses be incurred and that it is necessary to create an indebtedness for the purpose of paying the expenses, the governor shall by proclamation declare an emergency to exist requiring the creation of an indebtedness under Article 9, Section 7 of the constitution of New Mexico in order to suppress insurrection or to provide for the public defense. The governor shall order the issuance of certificates of indebtedness in such amount as [he] the governor deems required or necessary to provide funds for the payment of [any] expenses and costs incident to or connected with the emergency.

C. The certificates of indebtedness shall be approved as to form by the attorney general. They shall be dated the day of their issuance and the state board of finance shall by proper resolutions prescribe the denominations of the certificates, the maturity dates thereof, the rate of interest they shall bear payable semiannually, the time and place of payment of both principal and interest and the amount of the certificates that shall be issued from time to time. The certificates shall be signed by the secretary of the state board of finance and the state treasurer and the coupons attached thereto shall have the engraved lithographed facsimile of the signature of the state treasurer thereon; provided, however, that certificates purchased by the state treasurer may be issued without coupons. The certificates shall be sold by the state board of finance from time to time in such amounts as it deems advisable, at not less than par and accrued interest to date of delivery, after advertisement for a period of two weeks immediately prior to the sale in one daily newspaper in the state and in some financial journal in the city and state of New York; provided, however, that the state treasurer may purchase the certificates as an investment of any funds in [his] the state treasurer's hands available for investment and in the event of any such purchase by [him] the state treasurer, no advertisement shall be required. The proceeds of certificates so sold shall be by the state treasurer covered into a fund known as the "adjutant general emergency public defense fund" and shall be expended and disbursed only in the manner and for the purposes specified and provided for in Chapter 20, Article 1 NMSA 1978.

D. A fund to be known as the "adjutant general emergency public defense certificates fund" to provide for the payment of interest and principal on the foregoing certificates is established and, beginning with the tax levy for the year following the issuance of the certificates, a tax shall be levied annually in the same manner as other ad valorem taxes are levied on all taxable property in the state, not to exceed one-half mill on the dollar of valuation, sufficient to produce the amount required to pay interest on the certificates and the principal thereof at maturity, for each year prior to the maturity of the certificates, which taxes when collected shall be credited to the adjutant general emergency public defense certificates fund. The state auditor shall each year prior to August 1 certify to the property tax division of the taxation and revenue department the amount necessary to meet all payments of principal and interest due on the certificates during the year ending June 30 following the date of the certificates.

E. On or before the twentieth legislative day of the next legislative session following the expenditures of the sums provided for in this section, the governor shall file a written report with the presiding officer of each house of the legislature setting forth the purpose and the amounts of money expended as provided in this section.

F. The provisions of this section may be used for the operation of the national guard or the state [defense force] guard when on militia duty."

Section 3. Section 20-2-1 NMSA 1978 (being Laws 1987, Chapter 318, Section 8) is amended to read:

"20-2-l. 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] that 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] guard."

Section 4. Section 20-2-2 NMSA 1978 (being Laws 1987, Chapter 318, Section 9) is amended to read:

"20-2-2. MILITIA COMPOSITION.--The militia is composed of the organized and the unorganized militia.

A. The organized militia is the national guard and the standing cadre of the state [defense force] guard and such parts of the unorganized militia when and as may be activated, enrolled or enlisted into the national guard or into the state [defense force] guard.

B. The unorganized militia [is comprised of] comprises all able-bodied [male citizens] residents of the state and all other able-bodied [males] residents who have or shall have declared their intentions to become citizens of the United States and are residents of the state who are not less than eighteen or more than forty-five years of age, but who shall not be more than sixty-four years of age if they shall have earlier served in or retired from the national guard; subject to the following exceptions:

(1) persons exempted by the laws of the United States from federal military service;

(2) persons who are engaged in civilian occupations [which] that are deemed by the governor to be of greater public service or necessity than would be their service in the militia if called into active service of the state;

(3) persons who have received dismissal, a dishonorable discharge, a bad conduct discharge, an undesirable discharge or a discharge under other than honorable conditions from any military component; and (4) persons in active federal military service or retired military members subject to federal recall to active military service.

C. The adjutant general may prescribe plans by regulation for the orderly activating and detailing of the unorganized militia and its members, to include mission analysis and personnel classification. Enrollment or enlistment of members of the unorganized militia may be into the national guard, subject to federal criteria, or into the state [defense force] guard, as determined by the governor.

D. The governor may authorize the voluntary appointment or voluntary enlistment of female citizens of the state into the noncombat branches and services of the organized militia and while so serving they shall have the same status as male members."

Section 5. Section 20-2-6 NMSA 1978 (being Laws 1987, Chapter 318, Section 13) is amended to read:

"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:

(l) 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 total strength or composition of the national guard within the state is deemed by the governor to be insufficient to meet a major disaster, experienced or anticipated. The governor is authorized to call into active state service the state [defense force] guard 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 be] guard is inadequate to meet the need, the governor [can] 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."

Section 6. Section 20-2-8 NMSA 1978 (being Laws 1987, Chapter 318, Section 15) is amended to read:

"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] upon 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] guard 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."

Section 7. Section 20-3-2 NMSA 1978 (being Laws 1987, Chapter 318, Section 17) is amended to read:

"20-3-2. DEPARTMENT STRUCTURE--AUTHORITY OF ADJUTANT GENERAL.--

A. The department of military affairs is composed of:

(1) the office of the adjutant general;

(2) three subordinate military divisions:

(a) the army national guard division;

(b) the air national guard division; and

(3) one subordinate civil division, the civil air patrol division; and

(4) four subordinate support agencies:

(a) the selective service office;

(b) the state armory board;

(d) the United States property and fiscal office and such other agencies, administrative staffs and clerical staffs necessary for departmental operation [which] that the adjutant general may by regulation prescribe.

B. The adjutant general is the military chief of staff to the governor and is the head of the department of military affairs.

C. The adjutant general shall prescribe policies, rules and procedures for the orderly functioning of the department of military affairs, which may include subordinate organizational structures and lines of authority.

D. The adjutant general may employ such administrative, technical, clerical and other personnel as [he] the adjutant general deems necessary and may fix the compensation of exempt personnel subject to the concurrence of the department of finance and administration.

E. The adjutant general may make expenditures from appropriations or from other funds available to [him] the adjutant general for all purposes within Chapter 20 NMSA 1978.

F. The adjutant general is authorized to accept through the United States property and fiscal officer such equipment, supplies, arms, facilities and personnel support funding as may be authorized and appropriated by federal law.

G. The adjutant general shall be furnished suitable buildings, facilities, supplies and equipment for conducting the business of the department of military affairs to include the proper storage, repair and issuance of military property.

H. The adjutant general may appoint as assistant adjutants general one officer from each of the three military divisions in the department of military affairs. The officers [so] appointed shall hold the rank of brigadier general during such appointment. The qualifications of each person so appointed shall meet the specific standards required for such appointment within Chapter 20 NMSA 1978 and any applicable federal standards or [requirements] requirements. Once appointed, the assistant adjutants general shall serve at the pleasure of the adjutant general; their performance will be reviewed annually, in January, by the adjutant general; and if relieved, an assistant adjutant general shall revert to the rank previously held or to such higher rank to which promoted and federally recognized while serving as assistant adjutant general. The adjutant general may designate one federally recognized assistant adjutant general as deputy adjutant general and another federally recognized assistant adjutant general as vice-deputy adjutant general. The deputy adjutant general shall serve on full-time active status for the state. In the incapacity or absence from the state of the adjutant general, the deputy adjutant general shall act in [his] the adjutant general's stead. In the incapacity or absence from the state of both the adjutant general and the deputy adjutant general, the governor may call the vice-deputy adjutant general to active service for the state. The assistant adjutants general shall perform all duties that may be required of them by the adjutant general. The adjutant general may delegate in writing to any of the assistant adjutants general such authorities and responsibilities as [he] the adjutant general deems appropriate, consistent with the constitutions, laws and regulations of the state and of the United States. Assistant adjutants general, when on active status for the state, shall receive the same pay and allowances as [is] are prescribed by federal law and regulations for members of the active military in the grade of brigadier general, unless a different rate of pay and allowances [are] is specified in a general appropriation act of the New Mexico legislature.

I. The adjutant general shall appoint individuals to serve as director of the one civil division and as head of each of the four support agencies, except as stated in Section 20-9-1 NMSA 1978. The qualifications of each person so appointed shall meet the specific standards required for such appointment within Chapter 20 NMSA 1978 and any applicable federal standards or requirements.

J. There shall be allowed to the adjutant general a contingent and entertainment fund of [twenty-five hundred] two thousand five hundred dollars ($2,500) annually, plus such additional appropriations for carrying out the functions of [his] the office as the legislature shall deem proper."

Section 8. Section 20-4-12 NMSA 1978 (being Laws 1987, Chapter 318, Section 29) is amended to read:

"20-4-12. MILITARY LAST WILL AND TESTAMENT FOR NATIONAL GUARD AND RESERVES.--

A. Notwithstanding any other provision of law to the contrary, any member of the national guard or reserves may execute a military last will and testament (military will) according to the provisions of this section. Such will may be executed within or without the state and shall be given the same force and effect as any will properly executed pursuant to Chapter 45 NMSA 1978, the provisions of which shall govern the rules of construction of a military will and the administration of the testator's estate.

B. Mindful of the mobilization readiness required of members of the national guard and reserves, the adjutant general may prescribe regulations and forms for a military will. These regulations and forms shall be designed to achieve basic [testmentary] testamentary disposition of the member's property in contemplation of rapid troop mobilization and of the hazards of armed conflict. They shall be designed for preparation by unit administrative personnel according to the desires of the testator. No liability or cause of action shall attach to the erroneous act or omission of any person assisting a testator in the preparation or execution of a military will.

C. The scope of a military will shall be limited to the following dispositions and provisions:

(1) disposition of the testator's entire estate to the testator's spouse or in the event the testator is predeceased by the spouse then to the testator's children in equal shares and to their descendants by right of representation;

(2) if the testator is not survived by a spouse, children or lineal descendents, then disposition of the testator's entire estate shall be according to the laws of intestate succession;

(3) a guardian for minor children may be nominated by the testator in the event that any minor child's other natural parent is or shall become unwilling or unable to serve as the child's guardian;

(4) a personal representative may be nominated by the testator in the event that the testator's surviving spouse is or shall become unwilling or unable to so serve; and

(5) trust provisions are prohibited as beyond the scope of a military will.

D. A military will shall be executed, witnessed and attested to before two persons, one of whom [must] shall be a commissioned, warrant or noncommissioned officer of the national guard or state [defense force] guard. A military will so executed, witnessed and attested shall be deemed a self-proving will.

E. A military will may be executed only by a member of the national guard or reserves and not by a member's civilian dependents.

F. A military will shall, during the testator's membership in the national guard or reserves, be maintained as a permanent record in the member's military personnel records jacket. In the event of the member's death, the will shall promptly be delivered by military authorities to the appropriate court of competent jurisdiction.

G. Upon discharge, separation or retirement of the member from the national guard or reserves, a military will shall become [null and] void."

Section 9. Section 20-5-1 NMSA 1978 (being Laws 1987, Chapter 318, Section 32) is amended to read:

"20-5-l. NEW MEXICO STATE [DEFENSE FORCE] GUARD ESTABLISHED--NOT IN FEDERAL SERVICE--DEFINITIONS.--

A. The "New Mexico state [defense force] guard" 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 the effective date of this act.]

B. Nothing in Chapter 20 NMSA 1978 shall be construed as authorizing the New Mexico state [defense force] guard 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 [his] the person's enlistment or appointment in the state [defense force] guard 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] guard 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] guard at any time so ordered following 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 [of this chapter], in which case it shall include the post-call training of the New Mexico state [defense force] guard pursuant [thereto] to that section; and

(2) "cadre duty" means the normal service and training performed by the standing cadre of the state [defense force] guard in anticipation and support of militia duty, including organization, administration and other pre-call matters."

Section 10. Section 20-5-3 NMSA 1978 (being Laws 1987, Chapter 318, Section 34) is amended to read:

"20-5-3. COMPOSITION--ENLISTMENT--APPOINTMENT.--

A. The state [defense force] guard shall consist of persons between the ages of eighteen and sixty-four years 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. Volunteer members may be retained beyond age sixty-four with their consent by direction of the adjutant general.

B. The officers of the state [defense force] guard shall be appointed by the governor and serve at [his] 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."

Section 11. Section 20-5-4 NMSA 1978 (being Laws 1987, Chapter 318, Section 35) is amended to read:

"20-5-4. ADMINISTRATION OF OATHS.--All commissioned officers of the national guard and of the state [defense force] guard, 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] guard and to administer oaths and affirmations in the enlistment of soldiers [therefor] for the state guard."

Section 12. Section 20-5-6 NMSA 1978 (being Laws 1987, Chapter 318, Section 37) is amended to read:

"20-5-6. UNIFORM--RANK PRECEDENCE AND COMMAND.--

A. The state [defense force] guard shall be uniformed. The governor shall by regulation prescribe the uniform and insignia of the [New Mexico] state [defense force] guard, which uniform and insignia shall include distinctive devices identifying it as the uniform of the state [defense force] guard and distinguishing it from the national guard. When in uniform, members of the state [defense force] guard 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] guard 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] guard shall command, unless the adjutant general shall designate otherwise."

Section 13. Section 20-5-7 NMSA 1978 (being Laws 1987, Chapter 318, Section 38) is amended to read:

"20-5-7. DISCIPLINE.--

A. The discipline of the state [defense force] guard shall, to the extent practicable, conform to that of the army national guard.

B. When performing militia duty, members of the state [defense force] guard 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] guard when performing militia duty or cadre duty."

Section 14. Section 20-5-8 NMSA 1978 (being Laws 1987, Chapter 318, Section 39) is amended to read:

"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] guard shall be entitled to a discharge; provided that no member shall be discharged by reason of expiration of [his] the member's term of service while in the active service of the state.

B. A member of the state [defense force] guard may be dismissed or discharged prior to the expiration of [his] the member's 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."

Section 15. Section 20-5-9 NMSA 1978 (being Laws 1987, Chapter 318, Section 40) is amended to read:

"20-5-9. ARMS AND EQUIPMENT--FACILITIES.--

A. The state [defense force] guard, 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] guard and for the assembly, drill and instruction of its members."

Section 16. Section 20-5-10 NMSA 1978 (being Laws 1987, Chapter 318, Section 41, as amended) is amended to read:

"20-5-10. TRAINING.--

A. The adjutant general shall promulgate regulations governing the training of the state [defense force] guard, 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] guard. 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.

Section 17. Section 20-5-11 NMSA 1978 (being Laws 1987, Chapter 318, Section 42) is amended to read:

"20-5-11. MEMBERS NOT LIABLE FOR ACTS IN PERFORMANCE OF DUTY.--Members of the state [defense force] guard 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."

Section 18. Section 20-5-13 NMSA 1978 (being Laws 1987, Chapter 318, Section 44) is amended to read:

"20-5-l3. 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] guard or prevent the member from performing any duty [he] the member may be called upon to perform by proper authority. Willful violation of this section shall be a misdemeanor."

Section 19. Section 20-5-14 NMSA 1978 (being Laws 1987, Chapter 318, Section 45) is amended to read:

"20-5-l4. MILITARY LEAVE.--All state, county, municipal, school district and other public employees who are members of the state [defense force] guard 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] guard 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] the governor deems that such training will benefit the state by enabling that employee to better perform the duties required in [his] the employee's state occupation."

Section 20. Section 20-5-15 NMSA 1978 (being Laws 1987, Chapter 318, Section 46) is amended to read:

"20-5-l5. EXEMPTIONS--PROCESS--UNIFORMS AND EQUIPMENT.--

A. Members of the state [defense force] 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 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] guard and all uniforms, equipment or other property of the state or the United States issued to members of the state [defense force] guard shall be exempt from all suits, distresses, executions or sales for debt or payment of taxes."

Section 21. Section 20-5-16 NMSA 1978 (being Laws 2003, Chapter 111, Section 1) is amended to read:

"20-5-16. STATE [DEFENSE FORCE] GUARD--WORKERS' COMPENSATION.--

A. When a member of the state [defense force] guard is on state-ordered militia duty, [he] the member is a worker under the Workers' Compensation Act and the department of military affairs is [his] the member's employer.

B. The average weekly wage of a member of the state defense force shall be computed at the pay earned in [his] the member's civilian capacity. Disability benefits to a member of the state [defense force] guard shall be limited to medical benefits and two-thirds of [his] the member's civilian pay if [he] the member is unable to work.

C. A member of the state [defense force] guard shall not be considered a worker under the Workers' Compensation Act when performing cadre duty.

D. As used in this section:

(1) "cadre duty" means the normal service and training of the standing cadre of the state [defense force] guard 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] guard as required by that call."

Section 22. Section 20-8-2 NMSA 1978 (being Laws 1987, Chapter 318, Section 53, as amended) is amended to read:

"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] to them 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] guard 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] guard.

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] chairs 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."

Section 23. Section 20-9-5 NMSA 1978 (being Laws 1987, Chapter 318, Section 62) is amended to read:

"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] guard 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."

Section 24. Section 20-10-1 NMSA 1978 (being Laws 1987, Chapter 318, Section 63) is amended to read:

"20-l0-l. 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] guard and, where indicated, for presentation to other persons for recognized service to the national guard or [New Mexico] state [defense force] guard, to the state or to the United States."

Section 25. Section 20-10-2 NMSA 1978 (being Laws 1987, Chapter 318, Section 64) is amended to read:

"20-l0-2. 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] guard and shall include one or more members of the state [defense force] guard 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."

Section 26. Section 20-10-5 NMSA 1978 (being Laws 1987, Chapter 318, Section 67) is amended to read:

"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] guard who [distinguishes himself by] performs an extraordinary act of personal bravery and heroism, at the risk of [his] the member's own life, above and beyond the call of duty."

Section 27. Section 20-10-6 NMSA 1978 (being Laws 1987, Chapter 318, Section 68) is amended to read:

"20-l0-6. 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] guard who [distinguishes himself by] performs an uncommon act of valor, not necessarily at the risk of [his] the member's own life, under circumstances where refraining from so acting would not have subjected the recipient to criticism."

Section 28. Section 20-10-8 NMSA 1978 (being Laws 1987, Chapter 318, Section 70) is amended to read:

"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] guard who [distinguishes himself by] performs an unselfish, untiring and exceptionally meritorious period of service or act resulting in extraordinary benefit to the state or to the United States."

Section 29. Section 20-10-10 NMSA 1978 (being Laws 1987, Chapter 318, Section 72) is amended to read:

"20-10-10. OUTSTANDING SERVICE MEDAL.--The adjutant general may award an outstanding service medal with accompanying ribbon to any person who, while serving in any capacity with or as a member of the national guard or state [defense force] guard, performs the service required or requested of [him] the person through the exertion of extra effort and in a manner that brings credit to [himself] the person, to [his] the person's unit and to the state, either over a period of time or on a specific occasion."

Section 30. Section 20-10-11 NMSA 1978 (being Laws 1987, Chapter 318, Section 73) is amended to read:

"20-10-11. OUTSTANDING UNIT CITATION.--The governor may award an outstanding unit citation of appropriate design with accompanying individual ribbon to any recognized unit of the national guard or state [defense force which] guard that, through outstanding effort of all its members, has excelled in the performance of its duty and mission for a period of service in a manner that clearly exceeds that of other units, within or without the state, similar in composition or mission. In extraordinary circumstances, a "V" device may be awarded to denote valor exemplified by the unit."

Section 31. Section 20-10-12 NMSA 1978 (being Laws 1987, Chapter 318, Section 74) is amended to read:

"20-10-12. SERVICE RIBBON AND LONG-SERVICE MEDAL.--

A. The adjutant general shall present a service ribbon to those members of the national guard and state [defense force] guard who have completed five years of honorable service in the national guard or state [defense force] guard. This service ribbon shall be of identical design to the ribbon of the long-service medal.

B. The adjutant general shall present a long-service medal to those members of the national guard and state [defense force] guard who have completed ten years of honorable service in either the national guard or the state [defense force] guard. The medal and accompanying ribbon shall have an appropriate numeral device affixed signifying total years of service beyond ten in increments of five."

Section 32. Section 20-10-13 NMSA 1978 (being Laws 1987, Chapter 318, Section 75) is amended to read:

"20-10-13. GOOD CONDUCT MEDAL.--The adjutant general may award a good conduct medal with accompanying ribbon to [any] an enlisted member of the national guard or state [defense force] guard who completes a three-year period of service free from unauthorized absence, reprimand, court-martial or other disciplinary action and free from any civilian conviction. Subsequent three-year periods of service shall be acknowledged by the presentation and wearing of an affixed device signifying in arabic numerals the number of such awards to the member."

Section 33. Section 20-10-14 NMSA 1978 (being Laws 1987, Chapter 318, Section 76) is amended to read:

"20-10-14. PERFECT ATTENDANCE RIBBON.--The adjutant general may present a perfect attendance ribbon to those members commissioned, warranted and enlisted of the national guard or state [defense force] guard who for the calendar year have had a perfect drill and annual training attendance. Unit commanders shall forward a list of all qualifying nominees to the awards board each January for the preceding calendar year. Subsequent annual periods of service shall be acknowledged by the presentation and wearing of an affixed device signifying in arabic numerals the number of such awards to the member."

Section 34. Section 20-10-15 NMSA 1978 (being Laws 1987, Chapter 318, Section 77) is amended to read:

"20-10-15. ACADEMY SERVICE RIBBON.--The adjutant general may present an academy service ribbon to those enlisted members of the national guard or state [defense force] guard who have successfully completed a noncommissioned officer educational system course or noncommissioned officer academy. An arabic numeral shall reflect successful completion of higher level courses."

Section 35. Section 20-11-1 NMSA 1978 (being Laws 1987, Chapter 318, Section 79) is amended to read:

"20-11-1. FAILURE TO APPEAR--PENALTY.--

A. Any person in the unorganized militia ordered by the governor into active service in the national guard or state [defense force] guard pursuant to the powers enumerated in Chapter 20 NMSA 1978 and notified of the order to service who fails to appear without justification within the time prescribed in the notice to the place [which] where ordered shall be guilty of a misdemeanor.

B. Any person failing to appear as stated in Subsection A of this section and whose failure to appear is willful and with the intent to avoid or evade military service shall be guilty of a fourth degree felony."

Section 36. Section 20-11-2 NMSA 1978 (being Laws 1987, Chapter 318, Section 80) is amended to read:

"20-11-2. HINDERING NATIONAL GUARD--PENALTY.--The commanding officer of any part of the national guard or state [defense force] guard called into the active service of the state, when performing any military duty in any street or highway, may require any persons to yield the right of way to the national guard or state [defense force] guard; provided that the carriage of United States mail, the legitimate functions of the police and the progress and operations of ambulances, fire engines and emergency vehicles shall not be interfered with. All persons who hinder, delay or obstruct the national guard or state [defense force] guard in the active service of the state or who attempt to do so are guilty of a misdemeanor."

Section 37. Section 20-12-2 NMSA 1978 (being Laws 1987, Chapter 318, Section 87, as amended) is amended to read:

"20-12-2. ADOPTION OF UNIFORM CODE OF MILITARY JUSTICE--MANUAL FOR COURTS-MARTIAL, UNITED STATES, 1984--UNITED STATES MILITARY REGULATIONS AND DIRECTIVES--DECISIONS OF UNITED STATES COURT OF MILITARY APPEALS AND COURTS OF MILITARY REVIEW--LIMITATIONS AND EXCEPTIONS.--The Uniform Code of Military Justice, Title 10, Chapter 47, United States Code; the Manual for Courts-Martial, United States, 1984, (Executive Order No. 12437 (13 April 1984), as amended); the regulations and directives of the United States military forces made applicable to the national guard; and the decisions of the United States court of military appeals and of the armed services courts of military review are adopted as the Code of Military Justice, the Manual for Courts-Martial, the regulations and the precedential case law of this state on military justice matters, respectively, except as [hereinafter] limited or stated within Chapter 20, Article 12 NMSA 1978. These documents shall be reasonably construed and applied so as to achieve and effect the high level of order and discipline necessary for the military forces of the state. Time standards other than periods of limitations and pretrial confinement may be waived by convening authorities or military judges where such standards would be impracticable within the traditional operations of militia forces. Where regulations and procedures for the United States army differ from those of the United States air force, the army national guard and the state [defense force] guard shall observe the regulations and procedures of the United States army and the air national guard shall observe the regulations and procedures of the United States air force. References therein and in Sections 20-12-13 through 20-12-73 NMSA 1978 to "the United States" shall mean "the state" where such meaning has reasonable application. References to "the president" or to "the secretary" (meaning the secretary of the army or the secretary of the air force) shall mean "the governor". The adjutant general may by regulation prescribe practical changes or variances from the procedural provisions of the Uniform Code of Military Justice, from the Manual for Courts-Martial or from service regulations subservient thereto."

Section 38. Section 20-12-3 NMSA 1978 (being Laws 1987, Chapter 318, Section 88, as amended) is amended to read:

"20-12-3. PERSONS SUBJECT TO THE CODE--APPLICABILITY OF THE CODE.--The Code of Military Justice applies to all members of the national guard when not in federal service under Title 10, United States Code and to all members of the state [defense force] guard when performing militia duty. The code has territorial applicability both within and without the state. The code has applicability at all times, provided that either the member is in a duty status or, if not in a duty status, that there is a connection between the act or omission constituting the offense and the efficient functioning of the military forces; however, this grant of military jurisdiction shall not preclude or limit civilian jurisdiction over an offense, which is limited only by the prohibition of double jeopardy."

Section 39. Section 20-12-4 NMSA 1978 (being Laws 1987, Chapter 318, Section 89) is amended to read:

"20-12-4. CONVENING AUTHORITIES--NONJUDICIAL PUNISHMENT AUTHORITIES.--

A. A general, special or summary court-martial may be convened by the governor or by the adjutant general.

B. A special or summary court-martial may be convened by the assistant adjutant general of the army national guard, as to all members of the army national guard; by the commanding general of the 111th air defense artillery brigade, as to members of [his] the commanding general's command; by the commanding officer of troop command, as to all members of [his] the commanding officer's command; by the assistant adjutant general of the air national guard, as to all members of the air national guard; by the assistant adjutant general of the state [defense force] guard, as to all members of the state [defense force] guard; and to the commanders of such equivalent level commands as may be organized in the future.

C. A summary court-martial may be convened by a battalion commander, group commander or equivalent, as to all members of [his] the commander's command.

D. Nonjudicial punishment authority is conferred upon all general, special or summary court-martial convening authorities and upon company, battery and squadron commanders or equivalent as to members of their command."

Section 40. Section 20-12-5 NMSA 1978 (being Laws 1987, Chapter 318, Section 90) is amended to read:

"20-l2-5. JUDGE ADVOCATES.--

A. The adjutant general may appoint commissioned officers of the national guard and of the state [defense force] guard who are members of the bar of the supreme court of New Mexico as judge advocates. One judge advocate shall be designated by the adjutant general as the state judge advocate. The remaining senior judge advocate of each of the army national guard, the 111th air defense artillery brigade, the air national guard and the state [defense force] guard shall be designated as the staff judge advocate for their respective component, but this designation shall not preclude their assignment as military judge, trial counsel or defense counsel to other components in individual cases where they have not earlier participated. All other judge advocates shall be designated as assistant staff judge advocates. Designation as a judge advocate may be as a primary military specialty or as an additional duty, with their concurrence, for line officers who are members of the bar of the supreme court of New Mexico.

B. Judge advocates shall make frequent inspections in the field in supervision of the administration of military justice. Judge advocates of one component may participate in the administration of military justice in other components. Appointment as a judge advocate by the adjutant general shall substitute for Article 27(b)(2), Uniform Code of Military Justice certification.

C. The adjutant general, with the concurrence of the state judge advocate, shall appoint one military judge from the army national guard and one military judge from the air national guard. To the extent practicable, military judges will hear cases from components other than their own. Appointment as military judge shall not preclude assignment of judge advocate duties which are not in conflict with those of a military judge. A judge advocate's performance of duty as a military judge shall not be the subject of comment in any effectiveness, fitness or efficiency report beyond a statement that the officer is designated as military judge.

D. Federally recognized judge advocates of other active and reserve military components may, with their concurrence, serve as judge advocates for the national guard and the state [defense force] guard when so requested and detailed by the state judge advocate."

- 38 -