SB0161

SENATE BILL 161

57th legislature - STATE OF NEW MEXICO - first session, 2025

INTRODUCED BY

Michael Padilla and Harold Pope

AN ACT

RELATING TO MILITARY AFFAIRS; REQUIRING STATE AND NATIONAL CRIMINAL BACKGROUND CHECKS OF DEPARTMENT OF MILITARY AFFAIRS EMPLOYMENT OR VOLUNTEER APPLICANTS OR EMPLOYEES WHO HAVE RESPONSIBILITY FOR MINORS ATTENDING THE YOUTH CHALLENGE, JOB CHALLENGE ACADEMIES, THE GOVERNOR'S SUMMER PROGRAM OR OTHER PROGRAMS OF THE DEPARTMENT THAT ARE OPEN TO MINORS; PROVIDING THE PROCESS FOR STATE AND NATIONAL CRIMINAL BACKGROUND CHECKS; RESTRICTING THE USE OF CRIMINAL BACKGROUND CHECK REPORTS; ALLOWING THE ADJUTANT GENERAL TO USE APPROPRIATIONS AND OTHER FUNDING FOR YOUTH PROGRAMS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

SECTION 1. A new section of Chapter 20, Article 3 NMSA 1978 is enacted to read:

"[NEW MATERIAL] YOUTH PROGRAMS--CRIMINAL BACKGROUND CHECKS.--

A. As used in this section, "applicant" means a person applying for a job or volunteer position that involves working with minors.

B. The department of military affairs and every facility operated by the department shall conduct state and national criminal background checks on applicants, employees or volunteers who will be assigned to supervise or otherwise be in control of minors attending the national guard youth challenge and job challenge academies, the governor's summer program or other youth programs of the department. Unless already submitted to a criminal background check, employees or volunteers who have been working with minors prior to the effective date of this 2025 act shall undergo state and national criminal background checks within six months of the effective date of this 2025 act; provided that until the criminal background check has been completed and reviewed, each such employee or volunteer who has care or control of minors shall be at all times within sight and under supervision of an employee who has completed a criminal background check. The department may hire an applicant provisionally prior to completion of a criminal background check under the same restrictions as provided for employees or volunteers who have not completed criminal background checks.

C. An applicant, an employee or a volunteer described in Subsection B of this section shall have fingerprints taken and submitted to the law enforcement records bureau of the department of public safety as provided by rule. The bureau shall conduct a state criminal background check and submit the fingerprints to the federal bureau of investigation for a national criminal background check. The applicant, employee or volunteer shall pay the cost of the criminal background check. The bureau shall provide a copy of the criminal background check report to the department of military affairs.

D. The department of military affairs shall use the results of criminal background checks to determine the suitability of applicants, employees or volunteers to work with minors. The department shall share criminal background information only with department employees involved in hiring or assigning employees or volunteers to work with minors. None of the information in a criminal background check shall be shared with anyone outside the department other than the applicant, staff person or volunteer as provided in Subsection F of this section.

E. A conviction for a sex crime, an offense involving a minor as victim or a drug felony may be grounds for denial of or dismissal from employment or volunteering or reassignment of the employee or volunteer. In the case of an incident in which an applicant, an employee or a volunteer has been charged with one of these offenses and the charge has not yet been disposed of, the department of military affairs shall suspend the application process and may suspend an employee or a volunteer from having any contact with minors while on the job until the case is resolved. Conviction of a crime other than a sex crime may be considered if it bears on a person's suitability to have responsibility for the safety and well-being of minors.

F. If an employment or volunteer position for which the applicant is applying requires a criminal background check, the application shall require the signature of the applicant indicating that the applicant has been notified of the department of military affairs' obligation to require a criminal background check as a condition of employment or volunteer service, the employee's or volunteer's right to obtain a copy of the criminal background check report that is provided to the department and the right to challenge the accuracy and completeness of any information contained in the report."

SECTION 2. Section 20-3-2 NMSA 1978 (being Laws 1987, Chapter 318, Section 17, as amended) is amended to read:

"20-3-2. DEPARTMENT STRUCTURE--AUTHORITY OF ADJUTANT GENERAL.--

A. The department of military affairs consists of:

(1) the office of the adjutant general;

(2) three subordinate military divisions:

(a) the army national guard division;

(b) the air national guard division; and

(3) five subordinate civil divisions:

(a) the selective service office;

(b) the state armory board;

(d) the state programs division; and

(e) the United States property and fiscal office and such other agencies, administrative staffs and clerical staffs necessary for departmental operation that the adjutant general may by regulation prescribe.

B. The adjutant general is the military chief of staff to the governor and is the head of the department of military affairs.

C. The adjutant general shall prescribe policies, rules and procedures for the orderly functioning of the department of military affairs, which may include subordinate organizational structures and lines of authority.

D. The adjutant general may employ such administrative, technical, clerical and other personnel as the adjutant general deems necessary and may fix the compensation of exempt personnel subject to the concurrence of the department of finance and administration.

E. The adjutant general may employ, within the department of military affairs' appropriated budget or other funds available to the adjutant general, members of the New Mexico national guard on state active duty, on either a full-time or seasonal basis, for the purpose of providing preparedness for, mitigation of or response to any type of disaster and to provide support for youth programs.

F. The adjutant general may make expenditures from appropriations or from other funds available to the adjutant general for all purposes within Chapter 20 NMSA 1978.

G. The adjutant general is authorized to accept through the United States property and fiscal officer such equipment, supplies, arms, facilities and personnel support funding as may be authorized and appropriated by federal law.

H. The adjutant general shall be furnished suitable buildings, facilities, supplies and equipment for conducting the business of the department of military affairs to include the proper storage, repair and issuance of military property.

I. The adjutant general may appoint as assistant adjutants general one officer from each of the three military divisions in the department of military affairs. The officers appointed shall hold the rank of brigadier general during such appointment. The qualifications of each person so appointed shall meet the specific standards required for such appointment within Chapter 20 NMSA 1978 and any applicable federal standards or requirements. Once appointed, the assistant adjutants general shall serve at the pleasure of the adjutant general; their performance [will] shall be reviewed annually, in January, by the adjutant general; and, if relieved, an assistant adjutant general shall revert to the rank previously held or to such higher rank to which promoted and federally recognized while serving as assistant adjutant general. The adjutant general may designate one federally recognized assistant adjutant general as deputy adjutant general. The deputy adjutant general shall serve on full-time active status for the state. In the incapacity or absence from the state of the adjutant general, the deputy adjutant general shall act in the adjutant general's stead. In the incapacity or absence from the state of both the adjutant general and the deputy adjutant general, the governor may call any assistant adjutant general to active service for the state. The assistant adjutants general shall perform all duties that may be required of them by the adjutant general. The adjutant general may delegate in writing to any of the assistant adjutants general such authorities and responsibilities as the adjutant general deems appropriate, consistent with the constitutions, laws and rules and regulations of the state and of the United States. Assistant adjutants general, when on active status for the state, shall receive the same pay and allowances as are prescribed by federal law and regulations for members of the active military in the grade of brigadier general, unless a different rate of pay and allowances are specified in a general appropriation act [of] enacted by the New Mexico legislature.

J. The adjutant general shall appoint individuals to serve as directors of the five subordinate civil divisions, except as stated in Section 20-9-1 NMSA 1978. The qualifications of each person so appointed shall meet the specific standards required for such appointment within Chapter 20 NMSA 1978 and any applicable federal standards or requirements.

K. There shall be allowed to the adjutant general a contingent and entertainment fund of two thousand five hundred dollars ($2,500) annually, plus such additional appropriations for carrying out the functions of the office as the legislature [shall deem] deems proper."

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