A. The New Mexico state defense force is established as an element of the militia in the department of military affairs. 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.

B. 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 enlistment or appointment in the state defense force shall be exempted from military service under any law of the United States.

C. The following definitions apply to the duty statuses under which members of the state defense force serve:

(1) "militia duty" means the performance of actual military service for the state in time of need when called by the governor or adjutant general following mobilization of the national guard. It may be performed by the standing cadre of the state defense force at any time so ordered following mobilization of the national guard. It may be performed by the unorganized militia following its 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; and

(2) "cadre duty" means the normal service and training performed by the standing cadre of the state defense force in anticipation and support of militia duty including organization, administration and other pre-call matters.

History: 1978 Comp., § 20-5-1, enacted by Laws 1987, ch. 318, § 32.

Repeals and reenactments. — Laws 1987, Chapter 318 repealed former 20-5-1 NMSA 1978, as enacted by Laws 1925, ch. 113, § 53, relating to exemption from arrest, and enacted a new section, effective April 10, 1987.

Compiler's notes. — The phrase "effective date of this act", referred to at the end of Subsection A, means April 10, 1987, the effective date of Laws 1987, Chapter 318.

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.