A. The state defense force shall consist of persons eighteen 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.B. The officers of the state defense force shall be appointed by the governor and serve at the governor's pleasure. They shall be chosen from the public and private leadership bases within local communities so as to best enable the community to efficiently muster and lead its people and protect its assets and well-being. History: 1978 Comp., § 20-5-3, enacted by Laws 1987, ch. 318, § 34; 2021, ch. 55, § 6. ANNOTATIONSRepeals and reenactments. — Laws 1987, Chapter 318 repealed former 20-5-3 NMSA 1978, as enacted by Laws 1925, ch. 113, § 56, relating to right-of-way on streets or highways, and enacted a new section, effective April 10, 1987. The 2021 amendment, effective June 18, 2021, removed the maximum age of volunteers to serve on the state defense force; and in Subsection A, after 'consist of persons', deleted 'between the ages of', after 'eighteen', deleted 'and sixty-four', after 'years', added 'or older', and s to serve on the state defense force; and in Subsection A, after 'consist of persons', deleted 'between the ages of', after 'eighteen', deleted 'and sixty-four', after 'years', added 'or older', and deleted 'Volunteer members may be retained beyond age sixty-four with their consent by direction of the adjutant general'. State representative serving in force. — A New Mexico state representative may not serve in the New Mexico State Defense Force, because the offices of legislator and state defense force member are incompatible; service in both capacities would create a conflict of interest. 1988 Op. Att'y Gen. No. 88-71. Am. Jur. 2d, A.L.R. and C.J.S. references. — 53 Am. Jur. 2d Military and Civil Defense §§ 3, 7, 29 et seq., 40, 64, 70. 6 C.J.S. Armed Services § 288 et seq.
New Mexico Legal Code