Committee gives ‘do pass’ to bill requiring national, state background checks for military youth programs

The House Labor, Veterans and Military Affairs Committee recommended a do-pass on Senate Bill 161 after testimony and questioning about how the bill would expand background checks for people who supervise children in Department of Military Affairs programs.

Senator Michael Padilla, sponsor of the bill, told the committee that the legislation “mandates comprehensive state and national background checks for any individuals that are selected by the agency to interact with or oversee or supervise children,” and said the measure would apply to programs including the New Mexico National Guard Youth Challenge, a new Job Challenge academy and a governor’s summer program.

The bill’s supporters told members the screening would be limited to positions that give unsupervised access to children, and that the information returned by federal checks must be safeguarded. Major Jeremy Gallagulata, introduced in testimony as the Adjutant General for the Department of Military Affairs, said the bill “allows us to get an ORI assigned from the FBI so that we can do the background checks in accordance with public law,” and that the change would let the department run checks directly and keep records confidential within HR.

Committee members focused on several operational issues: who pays for checks, whether existing employees must be screened, how convictions would be reviewed, and how the department would use different funding streams to hire personnel for short-term programs. Representative Terrazas asked, “What is the background check cost?” and was answered that checks “run somewhere between 50 and $60.”

Members clarified that new hires would generally be asked to pay for the check as part of a conditional offer, while longstanding employees could be handled differently; Major Gallagulata said department leadership had discussed paying for legacy employees in some cases. On review of adverse records, Padilla and department staff said determinations would be made on a case-by-case basis and that a disqualifying record (for example, child-exploitation offenses) could lead to reassignment or termination depending on severity.

The department also described how the bill would clarify existing authority to use state active-duty funds and other non–general fund revenue to hire personnel. Major Gallagulata noted the department is awaiting federal disaster-related funding and described how those funds, if available, could be used to hire state active-duty personnel for mitigation and program support.

After questions and discussion, Representative DeRaza moved a do-pass recommendation on Senate Bill 161, seconded by Representative Hall. The committee chair asked for opposition and, receiving none on the record, announced the bill had a do-pass recommendation.

The committee did not take a roll-call vote in the transcript; the record shows the committee approved a do-pass recommendation by voice vote.