44TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 1999

RELATING TO MILITARY SERVICE; ENACTING THE SELECTIVE SERVICE REGISTRATION AWARENESS AND COMPLIANCE ACT; REQUIRING THAT EMPLOYEES OF THE STATE COMPLY WITH SELECTIVE SERVICE REQUIREMENTS; REQUIRING THAT STUDENTS AT PUBLIC POST-SECONDARY EDUCATIONAL INSTITUTIONS COMPLY WITH SELECTIVE SERVICE REQUIREMENTS.

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

Section 1. [NEW MATERIAL] SHORT TITLE.--This act may be cited as the "Selective Service Registration Awareness and Compliance Act".

Section 2. [NEW MATERIAL] LEGISLATIVE FINDINGS.--The legislature finds that the federal act requires all persons to register with the selective service system. The legislature further finds that the federal act limits eligibility for federal student financial assistance and eligibility for employment within the executive branch of the federal government to persons who are in compliance with the requirements of the federal act.

Section 3. [NEW MATERIAL] DEFINITIONS.--As used in the Selective Service Registration Awareness and Compliance Act:

A. "federal act" means the federal Military Selective Service Act; and

B. "person" means a male citizen of the United States or a male who resides in the United States who is eighteen years of age or older and who is not a lawfully admitted non-immigrant alien.

Section 4. [NEW MATERIAL] EDUCATION--FINANCIAL AID--STATE EMPLOYMENT.--

A. A public post-secondary educational institution shall not enroll any person who is not in compliance with the federal act.

B. A person who is not in compliance with the federal act shall not be eligible for employment by or service with the state, including its executive agencies, political subdivisions, boards and commissions, institutions and instrumentalities.

C. The state shall be responsible to ensure compliance with the federal act for any person who:

(1) is enrolled in a public post-secondary educational institution;

(2) receives financial aid at a public post-secondary educational institution; or

(3) is hired to work for the state.

D. A person shall not be denied a right, privilege or benefit under the Selective Service Registration Awareness and Compliance Act if:

(1) pursuant to the federal act, the person's requirement has terminated or become inapplicable; or

(2) the person has served in the armed services or has a condition that precludes his acceptability for military service.