SB 210 — NAT'L GUARD DEATH BENEFIT ACT

SENATEAN BILLACT 210RELATING 56THTO LEGISLATUREMILITARY -AFFAIRS; STATEOFNEWMEXICO- FIRST SESSION, 2023 INTRODUCED BY Michael Padilla and Harold Pope This document may incorporate amendments proposed by a committee, but not yet adopted, as well as amendments that have been adopted during the current legislative session.

TheENACTING documentTHE isNATIONAL aGUARD toolDEATH toBENEFIT showACT; amendments in context and cannot be used for the purpose of adding amendments to legislation.

hCREATING ANTHE ACTNATIONAL gGUARD oDEATH RELATINGBENEFIT TOFUND; MILITARY AFFAIRS;

ENACTINGDECLARING THEAN NATIONALEMERGENCY. GUARD DEATH t hr g e i k BENEFIT ACT;

CREATING6 THEBE NATIONALIT GUARDENACTED DEATHBY BENEFITTHE FUNDLEGISLATURE hOF rTHE iSTATE sOF HAFCºNEW ;MEXICO:

MAKINGSECTION AN1. APPROPRIATION»HAFC SFCº;

DECLARINGSHORT ANTITLE.--This hact ,may t,be EMERGENCY»SFCcited .as the "National Guard Death Benefit Act".

eSECTION u2. g e b l e e h n d d i = = o h BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

lFUND ]CREATED.--The b"national ,dguard ideath abenefit ºfund" eis SECTIONcreated 1.in the state treasury and shall be administered by the department of military affairs.

[NEW MATERIAL ] SHORT TITLE.--This act may be r i = r t e w d m a n o cited as the "National Guard Death Benefit Act".

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b e d s º o t n = .224229.1GLGAIC March 16, 2023 (2:24pm) s k m e e a n e d r e l u [ A d SECTION 2.

[NEW MATERIAL] FUND CREATED.--The "national guard death benefit fund" is created in the state treasury and shall be administered by the department of military affairs.

[NEW MATERIAL ] NATIONAL GUARD DEATH BENEFITS-- DETERMINATION--PAYMENT.-- h A.

The adjutant general shall determine whether a gSB o210 tPage hr1 member of the national guard or a member of the state defense g e i k force division of the department of military affairs has been h r i s killed while on state active duty.

In addition to any other h , t, death benefits provided by law, the SHPACºbeneficiary surviving spouse, e u g e b l e e h children or parents»SHPAC SHPACºbeneficiary or beneficiaries n d d i = = o h designated by the service member on a form provided by the l ] b ,d i a º e department of military affairs»SHPACaffairs shall be paid five hundred rthousand idollars =($500,000) ras tsupplemental edeath wbenefits dwhenever ma member of the national guard or a nmember oof thousandthe dollarsstate ($500,000)defense asforce supplementaldivision deathis benefitskilled dwhile mon :state active duty.

b e d s º o t n = .224229.1GLGAIC March 16, 2023 (2:24pm) s k m e - 2 - e a n e d r e l u [ A d whenever a member of the national guard or a member of the state defense force division is killed while on state active duty.

The benefits shall be paid SHPACº first to the surviving spouse»SHPAC SHPACºto a beneficiary or beneficiaries designated by the service member on a form provided by the department of military affairs»SHPACaffairs. .

SHPACºIfSECTION there4. is no surviving spouse, the benefits shall be distributed in pro rata shares to all surviving children.

IfEMERGENCY.--It thereis arenecessary nofor surviving children or spouse, benefits shall be distributed to the survivingpublic parentspeace, ofhealth theand membersafety ofthat thethis nationalact guardtake oreffect theimmediately. member of the state defense force division.»SHPAC HAFCºSECTION 4.

APPROPRIATION.--TwoSB million210 dollarsPage ($2,000,000)2 is25 appropriated from the general fund to the national guard death benefit fund for expenditure in fiscal h year 2024 and subsequent fiscal years to pay death benefits u » r t h pursuant to the National Guard Death Benefit Act.

Any g e l i unexpended or unencumbered balance remaining at the end of a h r i s fiscal year shall not revert to the general fund.»HAFC h , e h t u g SFCºSECTION HAFCº5.»HAFC HAFCº4.»HAFC EMERGENCY.--It is e b l e e , gh necessary for the public peace, health and safety that this act n d d i = = o h take effect immediately.»SFC l ] b ,d i a º r e r = - 3 - t e w d m a n o d m :

b r e t º o t n = .224229.1GLGAIC March 16, 2023 (2:24pm) s k m e e a n e d r e l u [ A d