In the event of a vacancy, the governor shall nominate, with the advice of the adjutant general, a United States property and fiscal officer from the New Mexico national guard whose appointment shall be made by the chief of the national guard bureau or other authority charged with responsibility for such approval under the laws of the United States. His duties shall be the superintendence of all funds and property of the United States entrusted or allotted to the militia or national guard as required of him by the laws of the United States relating to the militia or national guard or regulations promulgated thereunder, together with such additional related duties as the governor or adjutant general may require of him by appropriate regulations or orders. His military salary, allowances and maximum rank shall be in accordance with the regulations of the appropriate authorities of the United States and the laws of the United States relating to the militia or national guard and the appointment of such officers.

History: 1978 Comp., § 20-9-1, enacted by Laws 1987, ch. 318, § 58.

Repeals and reenactments. — Laws 1987, Chapter 318 repealed former 20-9-1 NMSA 1978, as enacted by Laws 1925, ch. 113, § 79, relating to unauthorized disposition of military property, and enacted a new section, effective April 10, 1987.

Generally. — The property and fiscal officers not only protect the federal government's interests, but also aid the states in disbursing to them the allocations of the federal government to state national guards. 1964 Op. Att'y Gen. No. 64-69.

Payment of officer. — The property and fiscal officer appointed pursuant to this section must be paid by this state or by the United States from funds allocated to the national guard of this state. 1964 Op. Att'y Gen. No. 64-69.

Control of officer. — There can be no doubt of the control over the officer by the state executive. 1964 Op. Att'y Gen. No. 64-69.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 6 C.J.S. Armed Services § 291.