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SENATE BILL 161
57
TH LEGISLATURE
-
STATE
OF
NEW
MEXICO
-
FIRST SESSION
,
2025
INTRODUCED BY
Michael Padilla and Harold Pope
AN ACT
RELATING TO MILITARY AFFAIRS; REQUIRING STATE AND NATIONAL
CRIMINAL BACKGROUND CHECKS OF DEPARTMENT OF MILITARY AFFAIRS
EMPLOYMENT OR VOLUNTEER APPLICANTS OR EMPLOYEES WHO HAVE
RESPONSIBILITY FOR MINORS ATTENDING THE YOUTH CHALLENGE, JOB
CHALLENGE ACADEMIES, THE GOVERNOR'S SUMMER PROGRAM OR OTHER
PROGRAMS OF THE DEPARTMENT THAT ARE OPEN TO MINORS; PROVIDING
THE PROCESS FOR STATE AND NATIONAL CRIMINAL BACKGROUND CHECKS;
RESTRICTING THE USE OF CRIMINAL BACKGROUND CHECK REPORTS;
ALLOWING THE ADJUTANT GENERAL TO USE APPROPRIATIONS AND OTHER
FUNDING FOR YOUTH PROGRAMS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. A new section of Chapter 20, Article 3 NMSA
1978 is enacted to read:
"[NEW MATERIAL] YOUTH PROGRAMS--CRIMINAL BACKGROUND
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CHECKS.--
A. As used in this section, "applicant" means a
person applying for a job or volunteer position that involves
working with minors.
B. The department of military affairs and every
facility operated by the department shall conduct state and
national criminal background checks on applicants, employees or
volunteers who will be assigned to supervise or otherwise be in
control of minors attending the national guard youth challenge
and job challenge academies, the governor's summer program or
other youth programs of the department. Unless already
submitted to a criminal background check, employees or
volunteers who have been working with minors prior to the
effective date of this 2025 act shall undergo state and
national criminal background checks within six months of the
effective date of this 2025 act; provided that until the
criminal background check has been completed and reviewed, each
such employee or volunteer who has care or control of minors
shall be at all times within sight and under supervision of an
employee who has completed a criminal background check. The
department may hire an applicant provisionally prior to
completion of a criminal background check under the same
restrictions as provided for employees or volunteers who have
not completed criminal background checks.
C. An applicant, an employee or a volunteer
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described in Subsection B of this section shall have
fingerprints taken and submitted to the law enforcement records
bureau of the department of public safety as provided by rule.
The bureau shall conduct a state criminal background check and
submit the fingerprints to the federal bureau of investigation
for a national criminal background check. The applicant,
employee or volunteer shall pay the cost of the criminal
background check. The bureau shall provide a copy of the
criminal background check report to the department of military
affairs.
D. The department of military affairs shall use the
results of criminal background checks to determine the
suitability of applicants, employees or volunteers to work with
minors. The department shall share criminal background
information only with department employees involved in hiring
or assigning employees or volunteers to work with minors. None
of the information in a criminal background check shall be
shared with anyone outside the department other than the
applicant, staff person or volunteer as provided in Subsection
F of this section.
E. A conviction for a sex crime, an offense
involving a minor as victim or a drug felony may be grounds for
denial of or dismissal from employment or volunteering or
reassignment of the employee or volunteer. In the case of an
incident in which an applicant, an employee or a volunteer has
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been charged with one of these offenses and the charge has not
yet been disposed of, the department of military affairs shall
suspend the application process and may suspend an employee or
a volunteer from having any contact with minors while on the
job until the case is resolved. Conviction of a crime other
than a sex crime may be considered if it bears on a person's
suitability to have responsibility for the safety and well-
being of minors.
F. If an employment or volunteer position for which
the applicant is applying requires a criminal background check,
the application shall require the signature of the applicant
indicating that the applicant has been notified of the
department of military affairs' obligation to require a
criminal background check as a condition of employment or
volunteer service, the employee's or volunteer's right to
obtain a copy of the criminal background check report that is
provided to the department and the right to challenge the
accuracy and completeness of any information contained in the
report."
SECTION 2. Section 20-3-2 NMSA 1978 (being Laws 1987,
Chapter 318, Section 17, as amended) is amended to read:
"20-3-2. DEPARTMENT STRUCTURE--AUTHORITY OF ADJUTANT
GENERAL.--
A. The department of military affairs consists of:
(1) the office of the adjutant general;
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(2) three subordinate military divisions:
(a) the army national guard division;
(b) the air national guard division; and
(c) the state defense force division;
and
(3) five subordinate civil divisions:
(a) the selective service office;
(b) the state armory board;
(c) the civil air patrol division;
(d) the state programs division; and
(e) the United States property and
fiscal office and such other agencies, administrative staffs
and clerical staffs necessary for departmental operation that
the adjutant general may by regulation prescribe.
B. The adjutant general is the military chief of
staff to the governor and is the head of the department of
military affairs.
C. The adjutant general shall prescribe policies,
rules and procedures for the orderly functioning of the
department of military affairs, which may include subordinate
organizational structures and lines of authority.
D. The adjutant general may employ such
administrative, technical, clerical and other personnel as the
adjutant general deems necessary and may fix the compensation
of exempt personnel subject to the concurrence of the
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department of finance and administration.
E. The adjutant general may employ, within the
department of military affairs' appropriated budget or other
funds available to the adjutant general , members of the New
Mexico national guard on state active duty, on either a full-
time or seasonal basis, for the purpose of providing
preparedness for, mitigation of or response to any type of
disaster and to provide support for youth programs .
F. The adjutant general may make expenditures from
appropriations or from other funds available to the adjutant
general for all purposes within Chapter 20 NMSA 1978.
G. The adjutant general is authorized to accept
through the United States property and fiscal officer such
equipment, supplies, arms, facilities and personnel support
funding as may be authorized and appropriated by federal law.
H. The adjutant general shall be furnished suitable
buildings, facilities, supplies and equipment for conducting
the business of the department of military affairs to include
the proper storage, repair and issuance of military property.
I. The adjutant general may appoint as assistant
adjutants general one officer from each of the three military
divisions in the department of military affairs. The officers
appointed shall hold the rank of brigadier general during such
appointment. The qualifications of each person so appointed
shall meet the specific standards required for such appointment
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within Chapter 20 NMSA 1978 and any applicable federal
standards or requirements. Once appointed, the assistant
adjutants general shall serve at the pleasure of the adjutant
general; their performance [will ] shall be reviewed annually,
in January, by the adjutant general; and, if relieved, an
assistant adjutant general shall revert to the rank previously
held or to such higher rank to which promoted and federally
recognized while serving as assistant adjutant general. The
adjutant general may designate one federally recognized
assistant adjutant general as deputy adjutant general. The
deputy adjutant general shall serve on full-time active status
for the state. In the incapacity or absence from the state of
the adjutant general, the deputy adjutant general shall act in
the adjutant general's stead. In the incapacity or absence
from the state of both the adjutant general and the deputy
adjutant general, the governor may call any assistant adjutant
general to active service for the state. The assistant
adjutants general shall perform all duties that may be required
of them by the adjutant general. The adjutant general may
delegate in writing to any of the assistant adjutants general
such authorities and responsibilities as the adjutant general
deems appropriate, consistent with the constitutions, laws and
rules and regulations of the state and of the United States.
Assistant adjutants general, when on active status for the
state, shall receive the same pay and allowances as are
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prescribed by federal law and regulations for members of the
active military in the grade of brigadier general, unless a
different rate of pay and allowances are specified in a general
appropriation act [of ] enacted by the New Mexico legislature.
J. The adjutant general shall appoint individuals
to serve as directors of the five subordinate civil divisions,
except as stated in Section 20-9-1 NMSA 1978. The
qualifications of each person so appointed shall meet the
specific standards required for such appointment within Chapter
20 NMSA 1978 and any applicable federal standards or
requirements.
K. There shall be allowed to the adjutant general a
contingent and entertainment fund of two thousand five hundred
dollars ($2,500) annually, plus such additional appropriations
for carrying out the functions of the office as the legislature
[shall deem] deems proper."
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