General Provisions

NMSA 1978 ch. 20, art. 1

in effect

NMSA 1978, § 20-1-1 New Mexico Military Code; regulations

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]. 1978 Comp., § 20-1-1, enacted by Laws 1987, ch. 318, § 1.

NMSA 1978, § 20-1-2 Laws to conform to United States regulations

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. 1978 Comp., § 20-1-2, enacted by Laws 1987, ch. 318, § 2.

NMSA 1978, § 20-1-3 Armed forces regulations to govern

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. 1978 Comp., § 20-1-3, enacted by Laws 1987, ch. 318, § 3.

NMSA 1978, § 20-1-4 Governor to be commander-in-chief; enforcement of New Mexico Military Code

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. 1978 Comp., § 20-1-4, enacted by Laws 1987, ch. 318, § 4; 2021, ch. 55, § 1.

NMSA 1978, § 20-1-5 Adjutant general; appointment, powers and duties

20-1-5. Adjutant general; appointment, powers 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 years immediately preceding the 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 service in the national guard of New Mexico has received federal recognition in the rank of colonel 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 may promulgate rules for the conduct of courts-martial and punishments under the Code of Military Justice [Chapter 20, Article 12 NMSA 1978]. Such procedural rules shall be consistent with and carry into effect the New Mexico Military Code and afford reasonable due process to criminal defendants. 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 the adjutant general's offices copies of all orders, reports, regulations and communications received and issued by the adjutant general; E. perform such other duties as may be required by the commander-in-chief; and F. have a seal of office. 1978 Comp., § 20-1-5, enacted by Laws 1987, ch. 318, § 5; 2018, ch. 6, § 1; 2021, ch. 55, § 2.

NMSA 1978, § 20-1-6 Payments by state treasurer; certificates of indebtedness

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 the governor's call for such troops into service of the state, shall be paid by the state. The state treasurer, upon presentation to 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 one million dollars ($1,000,000) in any one fiscal year. B. If there is no money available in the state treasury that is not otherwise appropriated or if the vouchers and payrolls for such service, material and supplies approach the amount of one million dollars ($1,000,000) 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 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 the governor deems required or necessary to provide funds for the payment of 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 the state treasurer's hands available for investment and in the event of any such purchase by 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 when on militia duty. 1978 Comp., § 20-1-6, enacted by Laws 1987, ch. 318, § 6; 1999, ch. 52, § 1; 2009, ch. 17, § 1.

NMSA 1978, § 20-1-7 Reference to gender

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. 1978 Comp., § 20-1-7, enacted by Laws 1987, ch. 318, § 7.

NMSA 1978, § 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

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. Laws 2003, ch. 136, § 1; 2011, ch. 186, § 7.

NMSA 1978, § 20-1-8.1 Military deployment; municipal or county services and utilities discontinued

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. Laws 2013, ch. 35, § 1 and Laws 2013, ch. 193, § 1.

NMSA 1978, § 20-1-9 Onate training center complex; morale, welfare and recreation facility; establishment; powers and duties; proceeds; audits

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. Laws 2007, ch. 84, § 1.

Source: New Mexico Compilation Commission (nmonesource.com)URL: https://nmonesource.com/nmos/nmsa-unanno/en/item/18520/index.doFetched: 10/20/2026