NM
New Mexico Senate Bill SB161

New Mexico 2025 Regular Session

New Mexico Senate Bill SB161 Compare Versions

Only one version of the bill is available at this time.
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2828 SENATE BILL 161
2929 57
3030 TH LEGISLATURE
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3333 STATE
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4242 FIRST SESSION
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4545 2025
4646 INTRODUCED BY
4747 Michael Padilla and Harold Pope
4848 AN ACT
4949 RELATING TO MILITARY AFFAIRS; REQUIRING STATE AND NATIONAL
5050 CRIMINAL BACKGROUND CHECKS OF DEPARTMENT OF MILITARY AFFAIRS
5151 EMPLOYMENT OR VOLUNTEER APPLICANTS OR EMPLOYEES WHO HAVE
5252 RESPONSIBILITY FOR MINORS ATTENDING THE YOUTH CHALLENGE, JOB
5353 CHALLENGE ACADEMIES, THE GOVERNOR'S SUMMER PROGRAM OR OTHER
5454 PROGRAMS OF THE DEPARTMENT THAT ARE OPEN TO MINORS; PROVIDING
5555 THE PROCESS FOR STATE AND NATIONAL CRIMINAL BACKGROUND CHECKS;
5656 RESTRICTING THE USE OF CRIMINAL BACKGROUND CHECK REPORTS;
5757 ALLOWING THE ADJUTANT GENERAL TO USE APPROPRIATIONS AND OTHER
5858 FUNDING FOR YOUTH PROGRAMS.
5959 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
6060 SECTION 1. A new section of Chapter 20, Article 3 NMSA
6161 1978 is enacted to read:
6262 "[NEW MATERIAL] YOUTH PROGRAMS--CRIMINAL BACKGROUND
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9090 CHECKS.--
9191 A. As used in this section, "applicant" means a
9292 person applying for a job or volunteer position that involves
9393 working with minors.
9494 B. The department of military affairs and every
9595 facility operated by the department shall conduct state and
9696 national criminal background checks on applicants, employees or
9797 volunteers who will be assigned to supervise or otherwise be in
9898 control of minors attending the national guard youth challenge
9999 and job challenge academies, the governor's summer program or
100100 other youth programs of the department. Unless already
101101 submitted to a criminal background check, employees or
102102 volunteers who have been working with minors prior to the
103103 effective date of this 2025 act shall undergo state and
104104 national criminal background checks within six months of the
105105 effective date of this 2025 act; provided that until the
106106 criminal background check has been completed and reviewed, each
107107 such employee or volunteer who has care or control of minors
108108 shall be at all times within sight and under supervision of an
109109 employee who has completed a criminal background check. The
110110 department may hire an applicant provisionally prior to
111111 completion of a criminal background check under the same
112112 restrictions as provided for employees or volunteers who have
113113 not completed criminal background checks.
114114 C. An applicant, an employee or a volunteer
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143143 described in Subsection B of this section shall have
144144 fingerprints taken and submitted to the law enforcement records
145145 bureau of the department of public safety as provided by rule.
146146 The bureau shall conduct a state criminal background check and
147147 submit the fingerprints to the federal bureau of investigation
148148 for a national criminal background check. The applicant,
149149 employee or volunteer shall pay the cost of the criminal
150150 background check. The bureau shall provide a copy of the
151151 criminal background check report to the department of military
152152 affairs.
153153 D. The department of military affairs shall use the
154154 results of criminal background checks to determine the
155155 suitability of applicants, employees or volunteers to work with
156156 minors. The department shall share criminal background
157157 information only with department employees involved in hiring
158158 or assigning employees or volunteers to work with minors. None
159159 of the information in a criminal background check shall be
160160 shared with anyone outside the department other than the
161161 applicant, staff person or volunteer as provided in Subsection
162162 F of this section.
163163 E. A conviction for a sex crime, an offense
164164 involving a minor as victim or a drug felony may be grounds for
165165 denial of or dismissal from employment or volunteering or
166166 reassignment of the employee or volunteer. In the case of an
167167 incident in which an applicant, an employee or a volunteer has
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196196 been charged with one of these offenses and the charge has not
197197 yet been disposed of, the department of military affairs shall
198198 suspend the application process and may suspend an employee or
199199 a volunteer from having any contact with minors while on the
200200 job until the case is resolved. Conviction of a crime other
201201 than a sex crime may be considered if it bears on a person's
202202 suitability to have responsibility for the safety and well-
203203 being of minors.
204204 F. If an employment or volunteer position for which
205205 the applicant is applying requires a criminal background check,
206206 the application shall require the signature of the applicant
207207 indicating that the applicant has been notified of the
208208 department of military affairs' obligation to require a
209209 criminal background check as a condition of employment or
210210 volunteer service, the employee's or volunteer's right to
211211 obtain a copy of the criminal background check report that is
212212 provided to the department and the right to challenge the
213213 accuracy and completeness of any information contained in the
214214 report."
215215 SECTION 2. Section 20-3-2 NMSA 1978 (being Laws 1987,
216216 Chapter 318, Section 17, as amended) is amended to read:
217217 "20-3-2. DEPARTMENT STRUCTURE--AUTHORITY OF ADJUTANT
218218 GENERAL.--
219219 A. The department of military affairs consists of:
220220 (1) the office of the adjutant general;
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249249 (2) three subordinate military divisions:
250250 (a) the army national guard division;
251251 (b) the air national guard division; and
252252 (c) the state defense force division;
253253 and
254254 (3) five subordinate civil divisions:
255255 (a) the selective service office;
256256 (b) the state armory board;
257257 (c) the civil air patrol division;
258258 (d) the state programs division; and
259259 (e) the United States property and
260260 fiscal office and such other agencies, administrative staffs
261261 and clerical staffs necessary for departmental operation that
262262 the adjutant general may by regulation prescribe.
263263 B. The adjutant general is the military chief of
264264 staff to the governor and is the head of the department of
265265 military affairs.
266266 C. The adjutant general shall prescribe policies,
267267 rules and procedures for the orderly functioning of the
268268 department of military affairs, which may include subordinate
269269 organizational structures and lines of authority.
270270 D. The adjutant general may employ such
271271 administrative, technical, clerical and other personnel as the
272272 adjutant general deems necessary and may fix the compensation
273273 of exempt personnel subject to the concurrence of the
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302302 department of finance and administration.
303303 E. The adjutant general may employ, within the
304304 department of military affairs' appropriated budget or other
305305 funds available to the adjutant general , members of the New
306306 Mexico national guard on state active duty, on either a full-
307307 time or seasonal basis, for the purpose of providing
308308 preparedness for, mitigation of or response to any type of
309309 disaster and to provide support for youth programs .
310310 F. The adjutant general may make expenditures from
311311 appropriations or from other funds available to the adjutant
312312 general for all purposes within Chapter 20 NMSA 1978.
313313 G. The adjutant general is authorized to accept
314314 through the United States property and fiscal officer such
315315 equipment, supplies, arms, facilities and personnel support
316316 funding as may be authorized and appropriated by federal law.
317317 H. The adjutant general shall be furnished suitable
318318 buildings, facilities, supplies and equipment for conducting
319319 the business of the department of military affairs to include
320320 the proper storage, repair and issuance of military property.
321321 I. The adjutant general may appoint as assistant
322322 adjutants general one officer from each of the three military
323323 divisions in the department of military affairs. The officers
324324 appointed shall hold the rank of brigadier general during such
325325 appointment. The qualifications of each person so appointed
326326 shall meet the specific standards required for such appointment
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355355 within Chapter 20 NMSA 1978 and any applicable federal
356356 standards or requirements. Once appointed, the assistant
357357 adjutants general shall serve at the pleasure of the adjutant
358358 general; their performance [will ] shall be reviewed annually,
359359 in January, by the adjutant general; and, if relieved, an
360360 assistant adjutant general shall revert to the rank previously
361361 held or to such higher rank to which promoted and federally
362362 recognized while serving as assistant adjutant general. The
363363 adjutant general may designate one federally recognized
364364 assistant adjutant general as deputy adjutant general. The
365365 deputy adjutant general shall serve on full-time active status
366366 for the state. In the incapacity or absence from the state of
367367 the adjutant general, the deputy adjutant general shall act in
368368 the adjutant general's stead. In the incapacity or absence
369369 from the state of both the adjutant general and the deputy
370370 adjutant general, the governor may call any assistant adjutant
371371 general to active service for the state. The assistant
372372 adjutants general shall perform all duties that may be required
373373 of them by the adjutant general. The adjutant general may
374374 delegate in writing to any of the assistant adjutants general
375375 such authorities and responsibilities as the adjutant general
376376 deems appropriate, consistent with the constitutions, laws and
377377 rules and regulations of the state and of the United States.
378378 Assistant adjutants general, when on active status for the
379379 state, shall receive the same pay and allowances as are
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408408 prescribed by federal law and regulations for members of the
409409 active military in the grade of brigadier general, unless a
410410 different rate of pay and allowances are specified in a general
411411 appropriation act [of ] enacted by the New Mexico legislature.
412412 J. The adjutant general shall appoint individuals
413413 to serve as directors of the five subordinate civil divisions,
414414 except as stated in Section 20-9-1 NMSA 1978. The
415415 qualifications of each person so appointed shall meet the
416416 specific standards required for such appointment within Chapter
417417 20 NMSA 1978 and any applicable federal standards or
418418 requirements.
419419 K. There shall be allowed to the adjutant general a
420420 contingent and entertainment fund of two thousand five hundred
421421 dollars ($2,500) annually, plus such additional appropriations
422422 for carrying out the functions of the office as the legislature
423423 [shall deem] deems proper."
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