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Senate advances bill to require background checks for National Guard youth programs and allow state active‑duty hires
Summary
Senate Bill 161 would require state and national background checks for applicants and volunteers in Department of Military Affairs youth programs and clarify funding and hiring authority for state‑active‑duty personnel; committee members suggested statutory language used in other statutes to ensure FBI checks work as intended.
Senate Bill 161 would require comprehensive state and national background checks for applicants, candidates and volunteers who would work with youth programs run or supported by the Department of Military Affairs, sponsor Sen. Padilla said.
Major General Miguel Agular, New Mexico’s Adjutant General, told the committee the bill also clarifies that state active‑duty hires can be funded from sources other than the general fund and would allow the adjutant general to hire National Guard soldiers on state active duty for short‑term youth programs such as the Governor’s Summer program and the Youth Challenge Academy.
The nut graf: Proponents said the combination of background checks, conditional hiring based on clear procedures, and the ability to use available non‑general fund resources would standardize screening, enhance safety for minors, and provide flexible staffing for short programs.
Padilla and the adjutant general said candidates would pay for fingerprint/background checks (the cost range cited in committee was $25–$60 per check). Committee members raised a drafting concern: Sen. Duhigg recommended copying statutory language from the Early Childhood Education and Care Department (ECECD) statute (citing 92‑5‑544 standards used to obtain FBI fingerprint results) to avoid implementation difficulties that have arisen in other agencies. The adjutant general and the department counsel said they would accept that drafting approach if needed.
Joan Dickerson of the Veterans and Military Families Caucus registered support and testified briefly that the caucus supported the bill. Committee members also discussed how the bill interacts with existing criminal‑background rules and the limits on sharing sensitive information.
Ending: The committee approved a due‑pass recommendation for SB161. Senators noted follow‑up drafting could be needed to align FBI fingerprint and background‑check authority with federal requirements and to avoid repeat implementation problems other agencies have experienced.
