HB 116 — ACTIVE DUTY NAT'L GUARD AS STATE EMPLOYEES

HOUSEAN BILLACT 116RELATING 56THTO LEGISLATUREMILITARY -STATEOFNEWMEXICO-AFFAIRS; FIRST SESSION, 2023 INTRODUCED BY Debra M.

Sariñana and Alan T.

Martinez and Eliseo Lee Alcon 6 8 10 AN ACT RELATING TO MILITARY AFFAIRS;

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

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

w l n d 18 "20-3-2.

DEPARTMENT STRUCTURE--AUTHORITY OF ADJUTANT = = 19 a l GENERAL.-- i a e r 20 A.

a t m m 21 (1) the office of the adjutant general;

d r e 22 (2) three subordinate military divisions:

c e s k 23 (a) the army national guard division;

e a n b 24 (b) the air national guard division;

and u [ (c) the state defense force division;

.223429.2GLG and (3) five subordinate civil divisions:

and (e) the United States property and fiscal office and such other agencies, administrative staffs HB 116 Page 1 and clerical staffs necessary for departmental operation that the adjutant general may by regulation prescribe.

The adjutant general shall prescribe policies, rules and procedures for the orderly functioning of the department of military affairs, which may include subordinate e t 17 organizational structures and lines of authority.

w l n d 18 D.

The adjutant general may employ such = = 19 a l administrative, technical, clerical and other personnel as the i a e r 20 adjutant general deems necessary and may fix the compensation a t m m 21 of exempt personnel subject to the concurrence of the d r e 22 department of finance and administration.

c e s k 23 E.

The adjutant general may employ, within the e a n b 24 department of military affairs' appropriated budget, members of u [ the New Mexico national guard on state active duty, on either a .223429.2GLG - 2 - full-time or seasonal basis, for the purpose of providing preparedness for, mitigation of or response to any type of disaster.

[E.] F.

[F.] G.

The adjutant general is authorized to accept through the United States property and fiscal officer such HB 116 Page 2 equipment, supplies, arms, facilities and personnel support funding as may be authorized and appropriated by federal law.

[G.] H.

e t 17 [H.] I.

The adjutant general may appoint as w l n d 18 assistant adjutants general one officer from each of the three = = 19 a l military divisions in the department of military affairs.

The i a e r 20 officers appointed shall hold the rank of brigadier general a t m m 21 during such appointment.

The qualifications of each person so d r e 22 appointed shall meet the specific standards required for such c e s k 23 appointment within Chapter 20 NMSA 1978 and any applicable e a n b 24 federal standards or requirements.

Once appointed, the u [ assistant adjutants general shall serve at the pleasure of the .223429.2GLG - 3 - adjutant general;

In the incapacity or HB 116 Page 3 absence from the state of the adjutant general, the deputy adjutant general shall act in the adjutant general's stead.

The adjutant general may e t 17 delegate in writing to any of the assistant adjutants general w l n d 18 such authorities and responsibilities as the adjutant general = = 19 a l deems appropriate, consistent with the constitutions, laws and i a e r 20 regulations of the state and of the United States.

Assistant a t m m 21 adjutants general, when on active status for the state, shall d r e 22 receive the same pay and allowances as are prescribed by c e s k 23 federal law and regulations for members of the active military e a n b 24 in the grade of brigadier general, unless a different rate of u [ pay and allowances are specified in a general appropriation act .223429.2GLG - 4 - of the New Mexico legislature.

[I.] J.

[J.]HB 116 Page 4 K.

-HB 5116 -Page e5 t9 1725 w l n d 18 = = 19 a l i a e r 20 a t m m 21 d r e 22 c e s k 23 e a n b 24 u [ .223429.2GLG