New Mexico 2018 Regular Session Status: Enacted

SB 16 — DEPT. OF MILITARY AFFAIRS CHANGES

Last action — Signed

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced December 15, 2017. Enacted.

Prognosis

Advancing 50% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

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Bill Text

What changed in the latest version

186 added · 290 removed

Plain-language change summary

The recent amendment to Bill SB 16 changes the requirements for who can be appointed as the Adjutant General of New Mexico. Now, the appointee must hold the rank of colonel or higher in the National Guard, which ensures that only more experienced and senior officers can take on this important leadership role. Additionally, the amendment removes the position of Vice Deputy Adjutant General, streamlining the command structure. These changes matter because they aim to strengthen military leadership and ensure that top positions are held by qualified individuals with sufficient military experience.

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SENATE BILL 16 53RD LEGISLATURE - STATEOFNEWMEXICO- SECOND SESSION , 2018 INTRODUCED BY Carlos R.
AN ACT RELATING TO MILITARY AFFAIRS;
Cisneros 6 8 FOR THE MILITARY AND VETERANS' AFFAIRS COMMITTEE 10 AN ACT RELATING TO MILITARY AFFAIRS;
CHANGING WHO MAY CONVENE A COURT- 14 MARTIAL.
CHANGING WHO MAY CONVENE A COURT-MARTIAL.
16 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
7 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
e t 17 SECTION 1.
SECTION 1.
Section 20-1-5 NMSA 1978 (being Laws 1987, w l n d 18 Chapter 318, Section 5) is amended to read:
Section 20-1-5 NMSA 1978 (being Laws 1987, Chapter 318, Section 5) is amended to read:
= = 19 "20-1-5.
"20-1-5.
ADJUTANT GENERAL--APPOINTMENT AND DUTIES.--In a l i a e r 20 case of a vacancy, the governor shall appoint as the adjutant a t m m 21 general of New Mexico for a term of five years an officer who d r e 22 for three years immediately preceding [his ] the appointment as c e s k 23 the adjutant general of New Mexico has been federally e a n b 24 recognized as an officer in the national guard of New Mexico u [ and who during [his ] service in the national guard of New .209020.3 Mexico has received federal recognition in the rank of [major ] colonel or higher.
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 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 service in the national guard of New Mexico has received federal recognition in the rank of colonel or higher.
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 have the military grade of major general and shall receive the same SB 16 pay and allowances as is prescribed by federal law and Page 1 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.
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 e e 17 federal defense requirements;
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;
e e n d 18 B.
B.
supervise the receipt, preservation, repair, = = l ] 19 distribution, issue and collection of all arms and military a l r i 20 equipment of the state;
supervise the receipt, preservation, repair, distribution, issue and collection of all arms and military equipment of the state;
t e a t C.
C.
supervise all personnel, organizations, m m 21 e d r e 22 facilities, equipment, supplies and funds of the military c e r c 23 forces;
supervise all personnel, organizations, facilities, equipment, supplies and funds of the military forces;
e a n b 24 D.
D.
maintain records of all members of the military u [ forces and keep on file in [his ] the adjutant general's offices .209020.3 - 2 - copies of all orders, reports, regulations and communications received and issued by [him ] the adjutant general;
maintain records of all members of the military forces and keep on file in the adjutant general's offices copies of all orders, reports, regulations and communications received and issued by the adjutant general;
perform such other duties as may be required [of him] by the commander-in-chief;
perform such other duties as may be required by the commander-in-chief;
DEPARTMENT STRUCTURE--AUTHORITY OF ADJUTANT GENERAL.-- A.
DEPARTMENT STRUCTURE--AUTHORITY OF ADJUTANT SB 16 Page 2 GENERAL.-- A.
e e 17 (3) one subordinate civil division, the civil e e n d 18 air patrol division;
(3) one subordinate civil division, the civil air patrol division;
and = = l ] 19 (4) four subordinate support agencies:
and (4) four subordinate support agencies:
a l r i 20 (a) the selective service office;
(a) the selective service office;
t e a t (b) the state armory board;
(b) the state armory board;
m m 21 e d r e 22 (c) the state programs office;
(c) the state programs office;
and c e r c 23 (d) the United States property and e a n b 24 fiscal office and such other agencies, administrative staffs u [ and clerical staffs necessary for departmental operation .209020.3 - 3 - [which] that the adjutant general may by regulation prescribe.
and (d) the United States property and fiscal office and such other agencies, administrative staffs 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 organizational structures and lines of authority.
The adjutant general shall prescribe policies, rules and procedures for the orderly functioning of the department of military affairs, which may include subordinate SB 16 Page 3 organizational structures and lines of authority.
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.
The adjutant general may employ such administrative, technical, clerical and other personnel as the adjutant general deems necessary and may fix the compensation of exempt personnel subject to the concurrence of the department of finance and administration.
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.
The adjutant general may make expenditures from appropriations or from other funds available to the adjutant general for all purposes within Chapter 20 NMSA 1978.
e e 17 F.
F.
The adjutant general is authorized to accept e e n d 18 through the United States property and fiscal officer such = = l ] 19 equipment, supplies, arms, facilities and personnel support a l r i 20 funding as may be authorized and appropriated by federal law.
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.
t e a t G.
G.
The adjutant general shall be furnished suitable m m 21 e d r e 22 buildings, facilities, supplies and equipment for conducting c e r c 23 the business of the department of military affairs to include e a n b 24 the proper storage, repair and issuance of military property.
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.
u [ H.
H.
The adjutant general may appoint as assistant .209020.3 - 4 - adjutants general one officer from each of the three military divisions in the department of military affairs.
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 officers 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.
The qualifications of each person so appointed shall meet the specific standards required for such appointment within Chapter 20 NMSA 1978 and any SB 16 Page 4 applicable federal standards or requirements.
The adjutant general may designate one federally recognized assistant adjutant general as deputy adjutant general [and another federally recognized assistant adjutant e e 17 general as vice-deputy adjutant general].
The adjutant general may designate one federally recognized assistant adjutant general as deputy adjutant general.
The deputy adjutant e e n d 18 general shall serve on full-time active status for the state.
The deputy adjutant general shall serve on full-time active status for the state.
= = l ] 19 In the incapacity or absence from the state of the adjutant a l r i 20 general, the deputy adjutant general shall act in [his ] the t e a t adjutant general's stead.
In the incapacity or absence from the state of the adjutant general, the deputy adjutant general shall act in the adjutant general's stead.
In the incapacity or absence from m m 21 e d r e 22 the state of both the adjutant general and the deputy adjutant c e r c 23 general, the governor may call [the vice-deputy ] any assistant e a n b 24 adjutant general to active service for the state.
In the incapacity or absence from the state of both the adjutant general and the deputy adjutant general, the governor may call any assistant adjutant general to active service for the state.
The u [ assistant adjutants general shall perform all duties that may .209020.3 - 5 - be required of them by the adjutant general.
The assistant adjutants general shall perform all duties that may be required of them by the adjutant general.
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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.
The adjutant general may delegate in writing to any of the assistant adjutants general such authorities and responsibilities as 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.
Assistant adjutants general, when on active status for the state, shall receive the same pay and allowances as are SB 16 Page 5 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.
The qualifications of each person so e e 17 appointed shall meet the specific standards required for such e e n d 18 appointment within Chapter 20 NMSA 1978 and any applicable = = l ] 19 federal standards or requirements.
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.
a l r i 20 J.
J.
There shall be allowed to the adjutant general a t e a t contingent and entertainment fund of [twenty-five hundred m m 21 e d r e 22 dollars ($2,500)] two thousand five hundred dollars ($2,500) c e r c 23 annually, plus such additional appropriations for carrying out e a n b 24 the functions of [his ] the office as the legislature shall deem u [ proper." .209020.3 - 6 - SECTION 3.
There shall be allowed to the adjutant general a contingent and entertainment fund of two thousand five hundred dollars ($2,500) annually, plus such additional appropriations for carrying out the functions of the office as the legislature shall deem proper." SECTION 3.
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;
SB 16 Page 6 by the commanding general of any brigade-level headquarters, as to members of 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 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 e e 17 state defense force;
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 e e n d 18 level commands as may be organized in the future.
and to the commanders of such equivalent level commands as may be organized in the future.
= = l ] 19 C.
C.
A summary court-martial may be convened by a a l r i 20 battalion commander, group commander or equivalent, as to all t e a t members of [his ] the commander's command.
A summary court-martial may be convened by a battalion commander, group commander or equivalent, as to all members of the commander's command.
m m 21 e d r e 22 D.
D.
Nonjudicial punishment authority is conferred c e r c 23 upon all general, special or summary court-martial convening e a n b 24 authorities and upon company, battery and squadron commanders u [ or equivalent, as to members of their command." .209020.3 - 7 - SECTION 4.
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.
- 8 - 5 7 9 11 13 15 e e 17 e e n d 18 = = l ] 19 a l r i 20 t e a t m m 21 e d r e 22 c e r c 23 e a n b 24 u [ .209020.3
SB 16 Page 7 25
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Action History

  1. Signed

  2. passed House

  3. DO PASS committee report adopted

  4. DO PASS committee report adopted

  5. Sent to House State Government, Indian and Veterans' Affairs Committee & House Judiciary Committee

  6. passed Senate

  7. DO PASS committee report adopted

  8. DO PASS committee report adopted

  9. germane

  10. Sent to Senate Committees' Committee & Senate Public Affairs Committee & Senate Judiciary Committee

  11. Sent to Senate Pre-file

Sponsors

  • Carlos R. Cisneros · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 111 not signed on

Sponsors (1)

  • Cisneros, Carlos R.

Co-sponsors (0)

None.

Not signed on (111)

111 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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veterans
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SB 16 is sponsored by Cisneros, Carlos R..
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This bill has been enacted into law. Introduced December 15, 2017. Enacted.
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