SB 175 — MILITARY AFFAIRS CHANGES

(3) to protect information that is stored on, h processed by or transiting on an information system owned or g o t hr operated by the state from a cybersecurity threat or security g e i k vulnerability;

[or ] h r i s (4) to identify the source of a cybersecurity h , t, threat;

or e u g e b l e e h (5) to assist in search and rescue missions nor d d i = = o h SJCº,»SJC SJCºor»SJC counter-drug operationsoperations. SJCº.»SJC l ] b ,d i a º e SJCºor similar operations not otherwise authorized in r i = r t e w d m a n o Subsection A of this section.»SJC d m :

b e d s º o t n = .215936.3SAAIC February 16, 2020 (4:35pm) s k m e - 5 - e a n e d r e l u [ A d C.

If it appears to the governor that the power of the county is SB 175 Page 5 insufficient to enable the sheriff to preserve the peace and h protect the lives and property of the peaceful residents of the u » r county or to overcome the resistance to process of this state, t h g e l i the governor shall, on application of the sheriff, order out h r i s such military force as is necessary.

h , e h E.

When any portion of the militia is called out t u g e b l e e , gh for the purpose of suppressing an unlawful or riotous assembly, n d d i = = o h the commander of the troops shall cooperate with the civil l ] b ,d i a º r officers to the fullest extent consistent with the e r = t e w d m a n o accomplishment of the object for which the troops were called.

dThe mcivil :officials may express to the commander of the troops the general or specific objective that the civil officials desire to accomplish, but the tactical direction of the troops, the kind and extent of force to be used and the particular means to be employed to accomplish the object specified by the civil officers shall be left solely to the commander of the troops present on duty.

b r e t º o t n = .215936.3SAAIC February 16, 2020 (4:35pm) s k m e - 6 - e a n e d r e l u [ A d The civil officials may express to the commander of the troops the general or specific objective that the civil officials desire to accomplish, but the tactical direction of the troops, the kind and extent of force to be used and the particular means to be employed to accomplish the object specified by the civil officers shall be left solely to the commander of the troops present on duty.

When any portion of the militia is ordered into active service pursuant to this section in case of an emergency, the militia may provide those resources and services necessary to avoid or minimize economic or physical harm until a situation becomes stabilized and again under local self-self-support support and control, including the provision, on a temporary, emergency basis, for lodging, sheltering, health care, food and any transportation or shipping necessary to SB 175 Page 6 protect lives or public property;

or for any other action necessary to protect h the public health, safety and welfare.

u » r G.

In the event of the exercise by the governor of t h g e l i the powers under this section, the governor shall first utilize h r i s the personnel and assets of the national guard and only in h , e h their absence or insufficiency utilize the personnel and assets t u g e b l e e , gh of the state defense force." n d d i = = o h SECTION 4.

Section 20-2-6 NMSA 1978 (being Laws 1987, l ] b ,d i a º r Chapter 318, Section 13) is amended to read:

e r = t e w d m a n o "20-2-6.

GOVERNOR--CALL FOR FEDERAL OR STATE SERVICE-- dPOWERS.-- mA. :

b r e t º o t n = .215936.3SAAIC February 16, 2020 (4:35pm) s k m e - 7 - e a n e d r e l u [ A d POWERS.-- A.

or (2)SB the175 [totalPage strength7 or(2) composition of the h national guard within the state is deemed by the governor to be g o t hr insufficient] governor deems it necessary to meet a major g e i k disaster, experienced or anticipated.

The governor is h r i s authorized to call into active state service the state defense h , t, force or any portion thereof as may be necessary for the e u g e b l e e h protection and well being of the state.

If the numbers or n d d i = = o h composition of the state defense force [be ] is inadequate to l ] b ,d i a º e meet the need, the governor [can ] may call out and cause rthrough ithe =adjutant rgeneral tto ebe wenrolled dfrom mthe aunorganized nmilitia osuch throughpersons theas adjutantare generalrequired to bebring enrolledthe fromorganized themilitia dup mto :strength." SECTION 5.

b e d s º o t n = .215936.3SAAIC February 16, 2020 (4:35pm) s k m e - 8 - e a n e d r e l u [ A d unorganized militia such persons as are required to bring the organized militia up to strength." SECTION 5.

The department of military affairs [is composed of] is a cabinet level department and consists of:

and [(3)(3) onefive subordinate civil division,divisions: the civil air patrol division;

and(a) hthe (4)selective four]service (3)office; five subordinate [support g o t hr agencies] civil divisions:

gSB e175 iPage k8 (a)(b) the selectivestate servicearmory office;board;

h(c) r i s (b) the statecivil armoryair board;patrol division;

h(d) , t, (c) the civilstate airprograms patrol division;

eand u(e) gthe eUnited bStates lproperty eand efiscal hoffice [(c)]and (d)such theother stateagencies, programsadministrative [office]staffs nand dclerical dstaffs inecessary =for =departmental ooperation hthat division;the adjutant general may by regulation prescribe.

and l ] b ,d i a º e [(d)] (e) the United States property and r i = r t e w d m a n o fiscal office and such other agencies, administrative staffs d m :

b e d s º o t n = .215936.3SAAIC February 16, 2020 (4:35pm) s k m e - 9 - e a n e d r e l u [ A d and clerical staffs necessary for departmental operation that the adjutant general may by regulation prescribe.

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

u » r F.

The adjutant general is authorized to accept t h g e l i through the United States property and fiscal officer such h r i s equipment, supplies, arms, facilities and personnel support hSB ,175 ePage h9 funding as may be authorized and appropriated by federal law.

t u g e b l e e , gh G.

The adjutant general shall be furnished suitable n d d i = = o h buildings, facilities, supplies and equipment for conducting l ] b ,d i a º r the business of the department of military affairs to include e r = t e w d m a n o the proper storage, repair and issuance of military property.

dH. m :

b r e t º o t n = .215936.3SAAIC February 16, 2020 (4:35pm) s k m e - 10 - e a n e d r e l u [ A d H.

The deputy h adjutant general shall serve on full-time active status for the g o t hr state.

In the incapacity or absence from the state of the g e i k adjutant general, the deputy SB 175 Page 10 adjutant general shall act in the h r i s adjutant general's stead.

In the incapacity or absence from h , t, the state of both the adjutant general and the deputy adjutant e u g e b l e e h general, the governor may call any assistant adjutant general n d d i = = o h to active service for the state.

The assistant adjutants l ] b ,d i a º e general shall perform all duties that may be required of them r i = r t e w d m a n o by the adjutant general.

The adjutant general may delegate in dwriting mto :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.

b e d s º o t n = .215936.3SAAIC February 16, 2020 (4:35pm) s k m e - 11 - e a n e d r e l u [ A d 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.

The adjutant general shall appoint individuals to serve as [director ] directors of the [one civil division and as head of each of the four support agencies] five subordinate civil divisions, 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 h 20 NMSA 1978 and any applicable federal standards or u » r requirements.

t h g e l i J.

There shall be allowed to the adjutant general aSB h175 rPage i11 sa contingent and entertainment fund of two thousand five hundred h , e h dollars ($2,500) annually, plus such additional appropriations t u g e b l e e , gh for carrying out the functions of the office as the legislature n d d i = = o h shall deem proper." l ] b ,d i a º r SECTION 6.

Section 20-5-1 NMSA 1978 (being Laws 1987, e r = t e w d m a n o Chapter 318, Section 32) is amended to read:

d"20-5-1. m :

bNEW rMEXICO eSTATE tDEFENSE ºFORCE oESTABLISHED-- tNOT nIN =FEDERAL .215936.3SAAICSERVICE--DEFINITIONS.-- FebruaryA. 16, 2020 (4:35pm) s k m e - 12 - e a n e d r e l u [ A d "20-5-1.

NEW MEXICO STATE DEFENSE FORCE ESTABLISHED--NOT IN FEDERAL SERVICE--DEFINITIONS.-- A.

The members and organizations of the former New Mexico state guard are transferred to the New Mexico state defense force on [the effective date of this act ] April 10, 1987.

Nothing in Chapter 20 NMSA 1978 shall be construed as authorizing the New Mexico state defense force or any part thereof to be called, ordered or in any manner drafted by federal authorities into the military service of the United States, but no person by reason of [his ] the person's enlistment or appointment in the state defense force shall be exempted from military service under any law of the United States.

h C.

The following definitions apply to the duty g o t hr statuses under which members of the state defense force serve:

g e i k (1) "militia duty" means the performance of hSB r175 iPage s12 actual military service for the state in time of need when h , t, called by the governor or adjutant general following e u g e b l e e h mobilization of the national guard.

It may be performed by the n d d i = = o h standing cadre of the state defense force at any time so l ] b ,d i a º e ordered [following ] upon mobilization of the national guard.

rIt imay =be rperformed tby ethe wunorganized dmilitia mfollowing aits ncall oby Itthe maygovernor bepursuant performedto bySubsection B of Section 20-2-6 NMSA 1978, in which case it shall include the unorganizedpost-call militiatraining followingof itsthe dNew mMexico :state defense force pursuant thereto;

b e d s º o t n = .215936.3SAAIC February 16, 2020 (4:35pm) s k m e - 13 - e a n e d r e l u [ A d call by the governor pursuant to Subsection B of Section 20-2-6 NMSA 1978 [of this chapter ], in which case it shall include the post-call training of the New Mexico state defense force pursuant thereto;

The state defense force shall consist of persons [between the ages of ] eighteen [and sixty-four] years or older voluntarily appointed or voluntarily enlisted therein and such additional members of the unorganized militia as therein may be appointed, enlisted, enrolled or inducted as provided by law.

h [Volunteer members may be retained beyond age sixty-four with g o t hr their consent by direction of the adjutant general.] g e i k B.

The officers of the state defense force shall be h r i s appointed by the governor and serve at [his ] the governor's h , t, pleasure.

They shall be chosen from the public and private eSB u175 gPage e13 b l e e h leadership bases within local communities so as to best enable n d d i = = o h the community to efficiently muster and lead its people and l ] b ,d i a º e protect its assets and [well being ] well-being." r i = r t e w d m a n o SECTION 8.

Section 20-5-6 NMSA 1978 (being Laws 1987, dChapter m318, :Section 37) is amended to read:

b e d s º o t n = .215936.3SAAIC February 16, 2020 (4:35pm) s k m e - 14 - e a n e d r e l u [ A d Chapter 318, Section 37) is amended to read:

The [governor] adjutant general shall by regulation prescribe the uniform and insignia of the [New Mexico ] state defense force, which uniform and insignia shall include distinctive devices identifying it as the uniform of the state defense force and distinguishing it from the national guard.

The senior line officer without distinction as h to component present in any organization or formation of the g o t hr state defense force shall command, unless the adjutant general g e i k shall designate otherwise." h r i s SECTION 9.

Section 20-5-16 NMSA 1978 (being Laws 2003, h , t, Chapter 111, Section 1) is amended to read:

eSB u175 gPage e14 b l e e h "20-5-16.

STATE DEFENSE FORCE--CADRE DUTY WORKERS' n d d i = = o h COMPENSATION.-- l ] b ,d i a º e A.

When a member of the state defense force is on rstate-ordered imilitia =duty, rthe tmember eis w d m a nworker ounder state-orderedthe militiaWorkers' duty,Compensation [heAct ]and the memberdepartment isof amilitary workeraffairs underis dthe mmember's :employer.

b e d s º o t n = .215936.3SAAIC February 16, 2020 (4:35pm) s k m e - 15 - e a n e d r e l u [ A d the Workers' Compensation Act and the department of military affairs is [his ] the member's employer.

Members of the New Mexico state defense force, while performing cadre duty, may be utilized by the adjutant general to assist the national guard with training SJCºor other exercises that are not considered state-ordered militia duty.»SJC SJCºexercises or other cadre duties.»SJCduties. [B.] C.

TheC. average weekly wage of a member of the state defense force shall be computed at the pay earned in [his] the member's civilian capacity.

DisabilityThe benefitsaverage toweekly wage of a member of the state defense force shall be limitedcomputed toat medicalthe benefitspay andearned two-thirdsin of [his ] the member's civilian paycapacity. if [he] the member is unable to work.

[C.Disability benefits to a member of the state defense force shall be limited to medical benefits and two-thirds of the member's civilian pay if the member is unable to work.

] D.

hE. [D.

] E.

g o t hr (1) "cadre duty" means the normal service and g e i k training of the standing cadre of the state defense force in h r i s anticipation and support of militia duty, including h , t, e u g organization, administration and other pre-call matters;

and e b l e e h (2) "militia duty" means the performance of nSB d175 dPage i15 = = o h actual military service for the state in time of need when l ] b ,d i a º e called by the governor or adjutant general following r i = r t e w d m a n o mobilization of the national guard.

If performed by the dunorganized mmilitia :following its call by the governor pursuant to Section 20-2-6 NMSA 1978, it shall include the post-call training of the New Mexico state defense force as required by that call." SECTION 10.

b e d s º o t n = .215936.3SAAIC February 16, 2020 (4:35pm) s k m e - 16 - e a n e d r e l u [ A d unorganized militia following its call by the governor pursuant to Section 20-2-6 NMSA 1978, it shall include the post-call training of the New Mexico state defense force as required by that call.

SJCº "»SJC SJCºF.

Nothing in this section shall be construed as a waiver of immunity under the Tort Claims Act."»SJC SECTION 10.

by the land component commander, as to members of the land component h commander's command;

by the commanding [general] officer of any g o t hr brigade-level headquarters, as to members of the commanding g e i k [general's ] officer's command;

by the assistant adjutant h r i s general of the air national guard, as to all members of the air h , t, e u g national guard;

by the assistant adjutant general of the state e b l e e h defense force, as to all members of the state defense force;

n d d i = = o h and to the commanders of such equivalent level commands as may l ] b ,d i a º e be organized in the future.

rSB i175 =Page r16 t e w d m a n o C.

A summary court-martial may be convened by a dbattalion mcommander, :group commander or equivalent, as to all members of the commander's command.

b e d s º o t n = .215936.3SAAIC February 16, 2020 (4:35pm) s k m e - 17 - e a n e d r e l u [ A d battalion commander, group commander or equivalent, as to all members of the commander's command.

"[NEW"PROHIBITED MATERIAL ] PROHIBITED ACTIVITIES WITH MILITARY RECRUIT OR TRAINEE BY PERSON IN POSITION OF SPECIAL TRUST--TRUST--CONSENT CONSENT NOT A DEFENSE.-- A.

(2) is in a training leadership position with respect to a specially protected junior member of the armed h forces;

and g o t hr (3) knew, or reasonably should have known, g e i k that the person was engaged in prohibited sexual activity with h r i s a specially protected junior member of the armed forces.

h , t, B.

Any person subject to Chapter 20 NMSA 1978 shall e u g e b l e e h be punished as a court-martial may direct if the person isSB a175 nPage d17 dis ia = = o h military recruiter and knew, or reasonably should have known, l ] b ,d i a º e that the person was engaged in prohibited sexual activity with:

r i = r t e w d m a n o (1) an applicant for military service;

or d(2) ma :specially protected junior member of the armed forces who is enlisted under a delayed entry program.

b e d s º o t n = .215936.3SAAIC February 16, 2020 (4:35pm) s k m e - 18 - e a n e d r e l u [ A d (2) a specially protected junior member of the armed forces who is enlisted under a delayed entry program.

h (2) is performing duties as a military gSB o175 tPage hr18 recruiter;

and g e i k (3) engaged in prohibited sexual activity with h r i s a person that the person knew, or reasonably should have known, h , t, was an applicant for military service;

or e u g e b l e e h (4) engaged in prohibited sexual activity with n d d i = = o h a person that the person knew, or reasonably should have known, l ] b ,d i a º e was a specially protected junior member of the armed forces who r i = r t e w d m a n o is enlisted under a delayed entry program.

dE. m :

b e d s º o t n = .215936.3SAAIC February 16, 2020 (4:35pm) s k m e - 19 - e a n e d r e l u [ A d E.

(3) "prohibited sexual activity" means, as specified in regulations prescribed by the secretary concerned, h inappropriate physical intimacy under circumstancesSB described175 gPage o19 tcircumstances hrdescribed in such regulations;

g e i k (4) "regulations prescribed by the secretary h r i s concerned" means rules, regulations, instructions and h , t, procedures proscribed by the secretary of the army or secretary e u g e b l e e h of the air force with respect to soldiers or airmen of the n d d i = = o h national guard;

l ] b ,d i a º e (5) "specially protected junior member of the r i = r t e w d m a n o armed forces" means a member of the armed forces who is:

d(a) massigned :to, or is awaiting assignment to, basic training or other initial active duty for training, including a member who is enlisted under a delayed entry program;

b e d s º o t n = .215936.3SAAIC February 16, 2020 (4:35pm) s k m e - 20 - e a n e d r e l u [ A d (a) assigned to, or is awaiting assignment to, basic training or other initial active duty for training, including a member who is enlisted under a delayed entry program;

and (6) "training leadership position" means, with respect to a specially protected junior member of the armed forces, any drill instructor position or other leadership position in a basic training program, an officer candidate school, a reserve officers' training corps unit, a training program for entry into the armed forces or any program that, by regulation prescribed by the secretary concerned, is identified h as a training program for initial careerSB qualification."175 gPage o20 tcareer hrqualification." SECTION 12.

A new section of the Code of Military Justice g e i k is enacted to read:

h"WEARING r i s "[NEW MATERIAL ] WEARING UNAUTHORIZED INSIGNIA, DECORATION, h , t, BADGE, RIBBON, DEVICE OR LAPEL BUTTON.-- e u g e b l e e h A.

Any person subject to Chapter 20 NMSA 1978 shall n d d i = = o h be punished as a court-martial may direct if the person:

l ] b ,d i a º e (1) is not authorized to wear an insignia, r i = r t e w d m a n o decoration, badge, ribbon, device or lapel button;

and d(2) mwrongfully :wears such insignia, decoration, badge, ribbon, device or lapel button upon the person's uniform or civilian clothing.

b e d s º o t n = .215936.3SAAIC February 16, 2020 (4:35pm) s k m e - 21 - e a n e d r e l u [ A d (2) wrongfully wears such insignia, decoration, badge, ribbon, device or lapel button upon the person's uniform or civilian clothing.

As used in this section, "wrongful" means that SB 175 Page 21 the conduct is done without legal justification or excuse.

h Actual knowledge that the person was or is not authorized to u » r wear the item in question is required.

Knowledge may be proved t h g e l i by circumstantial evidence." h r i s SECTION 13.

REPEAL.--Sections 20-4-12, 20-12-57 and h , e h 20-12-68 NMSA 1978 (being Laws 1987, Chapter 318, Section 29 t u g e b l e e , gh and Laws 1989, Chapter 337, Sections 56 and 67) are repealed.

n d d i = = o h SECTION 14.

EFFECTIVE DATE.--The effective date of the l ] b ,d i a º r provisions of this act is July 1, 2020.

eSB r175 =Page t e w d m a n o - 22 -25 d m :

b r e t º o t n = .215936.3SAAIC February 16, 2020 (4:35pm) s k m e e a n e d r e l u [ A d