A. All compensation of personnel and all the necessary expenses incurred in quartering, housing, caring for, subsisting, protecting, equipping, warning for duty and transporting such officers and members and their equipment, including the purchase or lease of any articles of material, equipment or supplies reasonably required, designed or needed to accomplish the purpose or results desired by the governor or specified in the governor's call for such troops into service of the state, shall be paid by the state. The state treasurer, upon presentation to the state treasurer of vouchers and payrolls for such compensation, expenses, supplies and materials, certified by the officers commanding such forces and approved by the adjutant general, shall pay the vouchers and payrolls out of any money available in the state treasury not otherwise appropriated; provided that the vouchers and payrolls for such service, supplies and materials do not exceed one million dollars ($1,000,000) in any one fiscal year.

B. If there is no money available in the state treasury that is not otherwise appropriated or if the vouchers and payrolls for such service, material and supplies approach the amount of one million dollars ($1,000,000) in any one fiscal year, the state treasurer shall certify such facts to the governor who shall inquire into and make an estimate of the total probable cost necessary to be incurred for all purposes in connection with or to accomplish the purpose for which such troops were called into active service. If the governor deems it necessary and prudent in order to provide for the public defense that such expenses be incurred and that it is necessary to create an indebtedness for the purpose of paying the expenses, the governor shall by proclamation declare an emergency to exist requiring the creation of an indebtedness under Article 9, Section 7 of the constitution of New Mexico in order to suppress insurrection or to provide for the public defense. The governor shall order the issuance of certificates of indebtedness in such amount as the governor deems required or necessary to provide funds for the payment of expenses and costs incident to or connected with the emergency.

C. The certificates of indebtedness shall be approved as to form by the attorney general. They shall be dated the day of their issuance and the state board of finance shall by proper resolutions prescribe the denominations of the certificates, the maturity dates thereof, the rate of interest they shall bear payable semiannually, the time and place of payment of both principal and interest and the amount of the certificates that shall be issued from time to time. The certificates shall be signed by the secretary of the state board of finance and the state treasurer and the coupons attached thereto shall have the engraved lithographed facsimile of the signature of the state treasurer thereon; provided, however, that certificates purchased by the state treasurer may be issued without coupons. The certificates shall be sold by the state board of finance from time to time in such amounts as it deems advisable, at not less than par and accrued interest to date of delivery, after advertisement for a period of two weeks immediately prior to the sale in one daily newspaper in the state and in some financial journal in the city and state of New York; provided, however, that the state treasurer may purchase the certificates as an investment of any funds in the state treasurer's hands available for investment and in the event of any such purchase by the state treasurer, no advertisement shall be required. The proceeds of certificates so sold shall be by the state treasurer covered into a fund known as the "adjutant general emergency public defense fund" and shall be expended and disbursed only in the manner and for the purposes specified and provided for in Chapter 20, Article 1 NMSA 1978.

D. A fund to be known as the "adjutant general emergency public defense certificates fund" to provide for the payment of interest and principal on the foregoing certificates is established and, beginning with the tax levy for the year following the issuance of the certificates, a tax shall be levied annually in the same manner as other ad valorem taxes are levied on all taxable property in the state, not to exceed one-half mill on the dollar of valuation, sufficient to produce the amount required to pay interest on the certificates and the principal thereof at maturity, for each year prior to the maturity of the certificates, which taxes when collected shall be credited to the adjutant general emergency public defense certificates fund. The state auditor shall each year prior to August 1 certify to the property tax division of the taxation and revenue department the amount necessary to meet all payments of principal and interest due on the certificates during the year ending June 30 following the date of the certificates.

E. On or before the twentieth legislative day of the next legislative session following the expenditures of the sums provided for in this section, the governor shall file a written report with the presiding officer of each house of the legislature setting forth the purpose and the amounts of money expended as provided in this section.

F. The provisions of this section may be used for the operation of the national guard or the state defense force when on militia duty.

History: 1978 Comp., § 20-1-6, enacted by Laws 1987, ch. 318, § 6; 1999, ch. 52, § 1; 2009, ch. 17, § 1.

Cross references. — For $200,000 limitation on state borrowing to meet deficits, see N.M. Const., art. IX, § 7.

The 2009 amendment, effective June 19, 2009, in Subsections A and B, increased the funding cap for supplies, materials and supplies from $250,000 to $1,000,000.

The 1999 amendment, effective March 17, 1999, substituted "two hundred fifty thousand dollars ($250,000)" for "one hundred thousand dollars ($100,000)" in the last sentence of Subsection A and in the first sentence of Subsection B, updated a statutory reference at the end of the last sentence of Subsection C, and deleted "foregoing" preceding "provisions" in Subsection F.

Where issuance of certificates mandated. — State was liable for expense of converting cavalry unit into an anti-aircraft artillery, under order of governor to conform the militia and equipment to the organization and equipment of the regular army of the United States, and issuance of certificates of indebtedness therefor was mandated. State ex rel. Charlton v. French, 1940-NMSC-010, 44 N.M. 169, 99 P.2d 715.

Legislative intent. — The intent of the legislature in this section is that the governor has been given the discretion to decide what is an emergency, and if he deems it necessary and prudent in order to provide for the public defense that such expenses be incurred in order to protect the lives or the property of the citizens, he may without issuing a certificate of indebtedness, if funds are available in the general fund, expend additional sums to pay for the maintaining of the militia. 1956 Op. Att'y Gen. No. 56-6479.

Where section does not conflict. — This section does not interfere with the governor's power to call out the militia and does not conflict with N.M. Const., art. V, § 4. 1951 Op. Att'y Gen. No. 51-5438.

Scope of expenses for transportation. — If the adjutant general does not have sufficient transportation for the national guard, he may rent trucks for such purpose, since expenses for transportation would include and permit the renting of trucks. It would also include the repair and maintenance of state trucks, provided such repairs were incident to maintenance and not permanent in nature. 1938 Op. Att'y Gen. No. 38-1968.

Where indebtedness less than $1,000,000. — Where the indebtedness created is less than $5000 (now $1,000,000), it is to be paid out of moneys available in the state treasury not otherwise appropriated, and no certificate is to be issued in such instance unless there are no moneys available in the state treasury not otherwise appropriated. 1954 Op. Att'y Gen. No. 54-5986.

Exceptions to limitation on borrowing. — Limitation on the state's borrowing to meet casual deficits or failure in revenue, or for necessary expenses, does not apply to debts contracted to suppress insurrection or to provide for the public defense. 1951 Op. Att'y Gen. No. 51-5438.