Committee gives due pass to bill requiring background checks for Guard youth programs

The House Labor and Veterans and Military Affairs Committee on an unspecified date gave a due pass to Senate Bill 161, which would require comprehensive state and national background checks for any individuals the New Mexico Department of Military Affairs selects to supervise or have unsupervised contact with children in its youth programs, including the New Mexico Youth Challenge, Job Challenge Academies and the Governor's Summer Program.

Sponsor Senator Michael Padilla, presenting the bill to the committee, said the measure “mandates comprehensive state and national background checks for any individuals that are selected by the agency to interact with or oversee or supervise children.” He told the committee the bill includes a conditional-employment clause and identifies categories of offenses — such as crimes against children and certain drug felonies — that could lead to denial or termination of an employment offer.

Major Jeremy Gallego, adjutant general for the New Mexico Department of Military Affairs, said the bill would allow the department to obtain an FBI-originating agency identifier (ORI) so the agency can run federal background checks directly and keep sensitive records within the agency. “It allows us to get an ORI assigned, from the FBI so that we can do the background checks in accordance with public law,” Gallego said. He also said the bill clarifies the department’s ability to hire Guardsmen under state active duty and to use additional funding streams for those hires.

Supporters voiced backing from the audience and on Zoom. Thomas (Tom) Flores, executive director of the New Mexico National Guard Association, told the committee, “we do support this bill.” Committee members asked about specifics during testimony and discussion.

Committee members asked how long the programs have operated; Gallego said the Youth Challenge program in Roswell has run about 24 years, the Job Challenge program in Albuquerque will begin an inaugural class next month, and the Governor’s summer challenge began last year. Committee members and staff clarified the bill addresses criminal background checks, not drug testing, and would apply to employees who have unsupervised access to children, including incumbent employees. Padilla and Gallego said long-term employees who must be brought into compliance would likely be handled by the department and that new hires would typically obtain checks after receiving a conditional offer.

Committee members pressed on the process for adverse findings. Padilla and Gallego said background results would be reviewed case by case; a historic conviction would not automatically disqualify an employee but would be evaluated for whether it poses a risk to children, and the department could reassign rather than terminate employees in some circumstances. Committee members also asked how background-check records would be protected; Gallego said dispatch of records from the FBI to the agency and maintenance of confidential HR files would follow federal and state law and state personnel rules.

Members asked who pays for the checks. Testimony said the check fee runs about $50 to $60. Padilla and Gallego said the bill language anticipates candidates pay for their own check when seeking a new position, but the department discussed covering checks for incumbent, long-term employees to bring them into compliance.

Gallego also described funding and hiring authority tied to state active duty and non-general-fund revenue. He said the department is awaiting FEMA claim payments that could provide roughly $5,000,000 a year for mitigation work and said the bill’s amendments clarify that certain non–general-fund money could be used to hire Guardsmen to support six-week summer programs without an emergency declaration.

A due-pass motion was offered by Representative DeRaza and seconded by Representative Hall. The chair announced the motion and the committee’s action, and no opposition was voiced on the record. The committee’s announced disposition was a due pass for Senate Bill 161; further legislative steps and timeline were not specified during the hearing.