Fiscal impact reports (FIRs) are prepared by the Legislative Finance Committee (LFC) for standing finance
committees of the Legislature. LFC does not assume responsibility for the accuracy of these reports if they
are used for other purposes.
F I S C A L I M P A C T R E P O R T
SPONSOR Padilla
/Pope
LAST UPDATED
ORIGINAL DATE 01/31/2025
SHORT TITLE Background Checks for DMA
Emplo
yees
BILL
NUMBER Senate Bill 161
ANALYST Chilton
ESTIMATED ADDITIONAL OPERATING BUDGET IMPACT*
(dollars in thousands)
Agency/Program
FY25 FY26 FY27
3 Year
Total Cost
Recurring or
Nonrecurring
Fund
Affected
DMA
No fiscal
impact
No fiscal
impact
No fiscal
impact
No fiscal
impact
Recurring General Fund
Parentheses ( ) indicate expenditure decreases.
*Amounts reflect most recent analysis of this legislation.
Sources of Information
LFC Files
Agency Analysis Received From
State Personnel Office (SPO) Department of Military Affairs (DMA) Agency Analysis was Solicited but Not Received From
New Mexico Attorney General (NMAG) Because of the short timeframe between the introduction of this bill and its first hearing, LFC has yet to receive analysis from this agency. This analysis could be updated if that analysis is
received.
SUMMARY
Synopsis of Senate Bill 161.
Senate Bill 161 (SB161) enacts a new section of Section 20-3 NMSA 1978, which deals with the
Department of Military Affairs (DMA). SB161 requires that DMA and facilities operated by that
department conduct criminal background checks on applicants, employees, and volunteers who
will be in contact with youth in all youth programs operated by DMA. This is to include all such
persons already working in these capacities unless they have previously undergone a criminal
background check. If done on an already employed or deployed person, the background checks
must be completed within six months, during which time that person would be under close
supervision by a person who has had the criminal background check. New potential employees
or volunteers could be taken on provisionally but would also be required to have close
supervision. Potential employees or volunteers must pay the costs for the background check and
must sign to give permission for the check to be done.
Senate Bill 161 – Page 2
Information obtained by these means is to be kept private but used in employment or
deployment. Previous convictions for sex crimes, crimes involving drugs, or offenses involving
minors or others that might affect an applicant’s suitability for a position are grounds for denying
an application or revoking permission; if such charges have been proffered but not adjudicated,
the applicant may be suspended or placed in a different position that does not involve youth
contact.
Section 2 of the bill amends Section 20-3-2 NMSA 1978 with the following consequence: Funds
available to the adjutant general may be used to support youth programs.
This bill does not contain an effective date and, as a result, would go into effect 90 days after the
Legislature adjourns if enacted, or June 20, 2025.
FISCAL IMPLICATIONS
There is no appropriation in SB161.
There is no fiscal impact of the bill to DMA or other government entities for cost of criminal
background checks as those must be borne by the applicant.
SIGNIFICANT ISSUES
As noted by the State Personnel Office (SPO), the fact that an applicant or potential volunteer
must pay for the criminal background check may deter potential applicants or volunteers from
applying.
TECHNICAL ISSUES
According to SPO, “While limitations related to sharing information obtained in the report is
addressed, it is unclear whether the background report itself is confidential, whether it will be
considered a public record pursuant to the Inspection of Public Records Act [Chapter 14, Article
2 NMSA 1978], and whether it is an employment record under 1.7.1.12 NMAC.”
SPO also indicates that, “The wording of SB161 is often vague in sections relating to employees,
applicants or volunteers. Some qualify wording to be associated with working with minors. Clear
wording regarding all employees, all applicants, and all volunteers working with minors or only
employees, applicants and volunteers working with minors would be helpful.”
LAC/SL2