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Home » US Law » 2021 New Mexico Statutes » Chapter 20 - Military Affairs » Article 4 - National Guard

Section 20-4-1 – Standards for appointment, promotion, termination.

A. The standards for commissioning, warranting, 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 […]

Section 20-4-11 – Survivors’ benefit; tuition payment.

The surviving spouse and all surviving minor children of a member of the national guard who dies in line of duty while serving on state military status shall be provided free tuition up to one baccalaureate degree or similar vocational certification at any state-sponsored university, college or institute of learning. History: 1978 Comp., § 20-4-11, […]

Section 20-4-12 – Repealed.

History: 1978 Comp., § 20-4-12, enacted by Laws 1987, ch. 318, § 29; repealed by Laws 2021, ch. 55, § 12. ANNOTATIONS Repeals. — Laws 2021, ch. 55, § 12 repealed 20-4-12 NMSA 1978, as enacted by Laws 1987, ch. 318, § 29, relating to military last will and testament for national guard and reserves, […]

Section 20-4-13 – National guard scholarship fund.

The adjutant general shall maintain and administer a scholarship fund for the benefit of enlisted members of the national guard who have demonstrated potential to become commissioned officers. The fund shall consist of such money and assets as the legislature shall appropriate and as shall be donated from private sources. No less than half of […]

Section 20-4-14 – Resident tuition.

An active member of the national guard and the member’s spouse and children shall be deemed in-state residents for purposes of determining tuition and fees at all state institutions of higher learning. History: 1978 Comp., § 20-4-14, enacted by Laws 1987, ch. 318, § 31; 2005, ch. 168, § 2. ANNOTATIONS Cross references. — For […]

Section 20-4-2 – Administration of oaths.

All commissioned and warrant officers of the national guard and of the active and reserve military forces of the United States are hereby authorized and empowered to administer oaths and affirmations when directed by proper authority in all matters pertaining to and concerning the national guard, including the administration of oaths and affirmations in the […]

Section 20-4-3 – Pay and allowances.

A. Members of the national guard, when on state-ordered duty for any period, shall receive the same basic pay and allowances as are prescribed by federal laws and regulations for members of the national guard on active federal service of like grade and length of service. Notwithstanding the provisions of this subsection, enlisted members of […]

Section 20-4-4 – Members not liable for acts in performance of duty.

Whenever a member of the national guard is on state-ordered active duty or while on other state duty reasonably requested by competent military authority, he shall not incur personal civil liability for acts performed in the line of the duty, and the state shall defend and indemnify against any such claims as are brought, and […]

Section 20-4-5 – Workmen’s compensation.

Whenever a member of the national guard is on state-ordered duty or while on other state duty reasonably requested by competent military authority or while traveling directly to or from said duty, he is a workman under the Workmen’s Compensation Act and the department of military affairs is his employer. The average weekly wage of […]

Section 20-4-6 – Discrimination prohibited; penalty.

No employer or agent thereof shall refuse to hire or penalize or discharge from employment any person because of membership in the national guard or prevent the member from performing any military service he may be called upon to perform by proper authority. Willful violation of this section shall be a misdemeanor. History: 1978 Comp., […]

Section 20-4-7 – Military leave for national guard and reserves.

All state, county, municipal, school district and other public employees who are members of organized units of the army or air national guard or army, air force, navy, marine or coast guard reserves shall be given not to exceed fifteen working days’ military leave with pay per federal fiscal year when they are ordered to […]

Section 20-4-7.2 – Legislative findings and purpose.

A. The legislature finds that: (1) the national guard has a proud tradition of military service with thousands of New Mexicans having answered the call of the nation and served in the national guard; (2) there have been instances in which the dependents of members of the national guard have been left without adequate financial […]

Section 20-4-8 – Exemptions; jury duty and civil process; equipment.

A. Members of the national 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 military duty. This exemption shall not preclude the proper issuance of traffic citations, or temporary delays which […]