HOUSE BILL 209

53rd legislature - STATE OF NEW MEXICO - first session, 2017

INTRODUCED BY

Stephanie Garcia Richard and William H. Payne

AN ACT

RELATING TO MILITARY AFFAIRS; ALLOWING FOR THE AUTHORIZATION OF WOMEN TO SERVE IN ANY POSITION OF THE ORGANIZED MILITIA.

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

     SECTION 1. 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 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.

          B. The unorganized militia is comprised of all able-bodied male citizens of the state and all other able-bodied males 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 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, 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] any military occupational specialty or career field of the branches and services of the organized militia that is consistent with current federal department of defense policy and while so serving they shall have the same status as male members."

- 3 -