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Committee backs background‑check bill for National Guard youth programs; sponsors to refine FBI language
Summary
Senate Bill 161, requiring state and national background checks for applicants and volunteers in Department of Military Affairs youth programs, cleared the committee after sponsors and staff discussed FBI statutory language and implementation details.
Senate Bill 161, which would require comprehensive state and national background checks for staff, applicants and volunteers in Department of Military Affairs youth programs, received a due‑pass recommendation after senators and agency lawyers discussed statutory language needed to obtain FBI checks.
Sponsor Sen. Padilla said the bill would "enhance safety for minors" who participate in programs such as the National Guard Youth Challenge, Governor's Summer programs and other youth initiatives. He described key provisions including mandatory checks, conditional employment based on passing checks, provisional hiring flexibility and rules for handling sensitive information.
Major General Miguel Agudar, the Adjutant General, told the committee the bill included three additional clarifying items: allowing use of non‑general‑fund sources (federal or other agency funds) for some state active duty hires; explicit authority to hire soldiers on state active duty to support youth programs; and clarifying the statute to permit use of other available funds for emergency mitigation work.
Sen. Duhigg recommended using language modeled on an existing statute (referenced in committee as "92‑5‑44") that has worked to obtain FBI background checks for other agencies, such as early childhood and public education programs. "I would recommend to you all that for your section 1 that you base it, and I gave this the statutory reference to Senator Padilla, but that you basically just copy and paste theirs," Duhigg said, citing implementation experience.
Agency counsel and staff present said they believed the bill already contained the necessary elements but welcomed the suggestion to align the statutory drafting with the established language to avoid delays in FBI responses. The bill sponsors agreed to take the drafting suggestion to the next committee if needed.
Committee action: A due‑pass motion was made and the bill was advanced by voice vote; committee staff recorded no roll‑call tally in the hearing transcript.
Ending: With a due‑pass recommendation, SB161 will proceed with staff and agency counsel to refine statutory language that secures FBI background‑check access and clarify fund sources for state active duty hires supporting youth programs.
