N.M. Stat. § 20-1-6
Payments by state treasurer; certificates of indebtedness.
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.