SENATE BILL 16

53rd legislature - STATE OF NEW MEXICO - second session, 2018

INTRODUCED BY

Carlos R. Cisneros

FOR THE MILITARY AND VETERANS' AFFAIRS COMMITTEE

AN ACT

RELATING TO MILITARY AFFAIRS; INCREASING THE RANK REQUIRED TO BE APPOINTED ADJUTANT GENERAL; REMOVING THE POSITION OF VICE DEPUTY ADJUTANT GENERAL; CHANGING WHO MAY CONVENE A COURT-MARTIAL.

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

     SECTION 1. Section 20-1-5 NMSA 1978 (being Laws 1987, Chapter 318, Section 5) is amended to read:

     "20-1-5. ADJUTANT GENERAL--APPOINTMENT 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 [his] 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 [his] service in the national guard of New Mexico has received federal recognition in the rank of [major] 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 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 [his] the adjutant general's offices copies of all orders, reports, regulations and communications received and issued by [him] the adjutant general;

          E. perform such other duties as may be required [of him] by the commander-in-chief; and

          F. have a seal of office."

     SECTION 2. Section 20-3-2 NMSA 1978 (being Laws 1987, Chapter 318, Section 17) is amended to read:

     "20-3-2. DEPARTMENT STRUCTURE--AUTHORITY OF ADJUTANT GENERAL.--

          A. The department of military affairs is composed of:

                (1) the office of the adjutant general;

                (2) three subordinate military divisions:

                     (a) the army national guard division;

                     (b) the air national guard division; and

                     (c) the state defense force division;

                (3) one subordinate civil division, the civil air patrol division; and

                (4) four subordinate support agencies:

                     (a) the selective service office;

                     (b) the state armory board;

                     (c) the state programs office; and

                     (d) the United States property and fiscal office and such other agencies, administrative staffs and clerical staffs necessary for departmental operation [which] that the adjutant general may by regulation prescribe.

          B. The adjutant general is the military chief of staff to the governor and is the head of the department of military affairs.

          C. The adjutant general shall prescribe policies, rules and procedures for the orderly functioning of the department of military affairs, which may include subordinate organizational structures and lines of authority.

          D. The adjutant general may employ such administrative, technical, clerical and other personnel as [he] the adjutant general deems necessary and may fix the compensation of exempt personnel subject to the concurrence of the department of finance and administration.

          E. The adjutant general may make expenditures from appropriations or from other funds available to [him] the adjutant general for all purposes within Chapter 20 NMSA 1978.

          F. The adjutant general is authorized to accept through the United States property and fiscal officer such equipment, supplies, arms, facilities and personnel support funding as may be authorized and appropriated by federal law.

          G. The adjutant general shall be furnished suitable buildings, facilities, supplies and equipment for conducting the business of the department of military affairs to include the proper storage, repair and issuance of military property.

          H. The adjutant general may appoint as assistant adjutants general one officer from each of the three military divisions in the department of military affairs. The officers [so] appointed shall hold the rank of brigadier general during such appointment. The qualifications of each person so appointed shall meet the specific standards required for such appointment within Chapter 20 NMSA 1978 and any applicable federal standards or [requirments] requirements. Once appointed, the assistant adjutants general shall serve at the pleasure of the adjutant general; their performance will be reviewed annually, in January, by the adjutant general; and if relieved, an assistant adjutant general shall revert to the rank previously held or to such higher rank to which promoted and federally recognized while serving as assistant adjutant general. The adjutant general may designate one federally recognized assistant adjutant general as deputy adjutant general [and another federally recognized assistant adjutant general as vice-deputy adjutant general]. The deputy adjutant general shall serve on full-time active status for the state. In the incapacity or absence from the state of the adjutant general, the deputy adjutant general shall act in [his] the adjutant general's stead. In the incapacity or absence from the state of both the adjutant general and the deputy adjutant general, the governor may call [the vice-deputy] any assistant adjutant general to active service for the state. The assistant adjutants general shall perform all duties that may be required of them by the adjutant general. The adjutant general may delegate in writing to any of the assistant adjutants general such authorities and responsibilities as [he] the adjutant general deems appropriate, consistent with the constitutions, laws and regulations of the state and of the United States. Assistant adjutants general, when on active status for the state, shall receive the same pay and allowances as [is] are prescribed by federal law and regulations for members of the active military in the grade of brigadier general, unless a different rate of pay and allowances are specified in a general appropriation act of the New Mexico legislature.

          I. The adjutant general shall appoint individuals to serve as director of the one civil division and as head of each of the four support agencies, except as stated in Section 20-9-1 NMSA 1978. The qualifications of each person so appointed shall meet the specific standards required for such appointment within Chapter 20 NMSA 1978 and any applicable federal standards or requirements.

          J. There shall be allowed to the adjutant general a contingent and entertainment fund of [twenty-five hundred dollars ($2,500)] two thousand five hundred dollars ($2,500) annually, plus such additional appropriations for carrying out the functions of [his] the office as the legislature shall deem proper."

     SECTION 3. Section 20-12-4 NMSA 1978 (being Laws 1987, Chapter 318, Section 89) is amended to read:

     "20-12-4. CONVENING AUTHORITIES--NONJUDICIAL PUNISHMENT AUTHORITIES.--

          A. A general, special or summary court-martial may be convened by the governor or by the adjutant general.

          B. A special or summary court-martial may be convened by the assistant adjutant general of the army national guard, as to all members of the army national guard; by the commanding general of [the lllth air defense artillery brigade] any brigade-level headquarters, as to members of [his] the commanding general's command; [by the commanding officer of troop command, as to all members of his command] by the assistant adjutant general of the air national guard, as to all members of the air national guard; by the assistant adjutant general of the state defense force, as to all members of the state defense force; and to the commanders of such equivalent level commands as may be organized in the future.

          C. A summary court-martial may be convened by a battalion commander, group commander or equivalent, as to all members of [his] the commander's command.

          D. Nonjudicial punishment authority is conferred upon all general, special or summary court-martial convening authorities and upon company, battery and squadron commanders or equivalent, as to members of their command."

     SECTION 4. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2018.

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