A. The “New Mexico state defense force” 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 April 10, 1987. B. Nothing in Chapter 20 NMSA 1978 shall be construed […]
A. The adjutant general shall promulgate regulations governing the training of the state defense force, 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. Members of its standing cadre may attend […]
Members of the state defense force 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 […]
ANNOTATIONS Repeals. — Laws 1993, ch. 193, § 14 repealed 20-5-12 NMSA 1978, as enacted by Laws 1987, ch. 318, § 43, relating to workmen’s compensation for members of the state defense force, effective June 18, 1993. For provisions of former section, see the 1992 NMSA 1978 on NMOneSource.com.
No employer or agent thereof shall refuse to hire, penalize or discharge from employment any person because of membership in the state defense force or prevent the member from performing any duty he may be called upon to perform by proper authority. Willful violation of this section shall be a misdemeanor. History: 1978 Comp., § […]
All state, county, municipal, school district and other public employees who are members of the state defense force 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 […]
A. Members of the state defense force 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 […]
A. When a member of the state defense force is on state-ordered militia duty, the member is a worker under the Workers’ Compensation Act [Chapter 52, Article 1 NMSA 1978] and the department of military affairs is the member’s employer. B. Members of the state defense force, while performing cadre duty, may be utilized by […]
The adjutant general shall prescribe regulations governing the recruiting, organization, administration, equipment, facilities, training and discipline of the state defense force. Such regulations shall, to the extent practicable, conform to regulations governing the army national guard and shall be consistent with federal law and regulations pertaining to state defense forces. History: 1978 Comp., § 20-5-2, […]
A. The state defense force shall consist of persons eighteen years or older 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. B. The officers of the state defense force shall be appointed by the governor and […]
All commissioned officers of the national guard and of the state defense force, 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 and to administer oaths and affirmations in the enlistment […]
A standing cadre of officers and enlisted members is authorized. The composition of units and force structure shall be as recommended by the adjutant general and approved by the governor. History: 1978 Comp., § 20-5-5, enacted by Laws 1987, ch. 318, § 36. ANNOTATIONS Repeals and reenactments. — Laws 1987, Chapter 318 repealed former 20-5-5 […]
A. The state defense force shall be uniformed. The adjutant general shall by regulation prescribe the uniform and insignia of the state defense force, which uniform and insignia shall include distinctive devices identifying it as the uniform of the state defense force and distinguishing it from the national guard. When in uniform, members of the […]
A. The discipline of the state defense force shall, to the extent practicable, conform to that of the army national guard. B. When performing militia duty, members of the state defense force are subject to the Code of Military Justice, Chapter 20, Article 12 NMSA 1978. C. Standards of conduct applicable to the army national […]
A. Upon expiration of the term of service for which appointed or enlisted, a member of the state defense force shall be entitled to a discharge; provided that no member shall be discharged by reason of expiration of his term of service while in the active service of the state. B. A member of the […]
A. The state defense force, 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 […]
