Provides specific legal authority for the division of military and naval affairs to initiate routine background checks about certain individuals

BILL NUMBER:S2281

Title of bill

An act to amend the military law, in relation to providing legal authority for obtaining background checks on individuals involved with law enforcement activities or community programs

Purpose

This bill will provide specific legal authority for the Division of Military and Naval Affairs (DMNA) to initiate routine background checks about certain individuals.

Summary of provisions

The bill will add a new subdivision 5 to section 19 of the State Military Law that sets forth the authority for DMNA regarding background investigations.

Existing law

Section 201-a of the Labor Law exempts the State from the prohibition against fingerprinting potential employees. In addition, there are various provisions of State law, and even the rules of the Civil Service Commission, which permit examination of applicants either for licenses issued by the State or employment with the State. For example, General Municipal Law sections 191 and 481 permit background investigations to determine whether commercial lessors for bingo operations, are individuals of good moral character and have never been convicted of a crime; General Business Law section 174 provides that applicants for licenses thereunder can be investigated as to their responsibility and good character; and Civil Service Rules provide that applicants for Civil Service appointment be of good moral character and habits and a satisfactory reputation, and cannot impede or fail to cooperate with investigations as to such attributes. DMNA is simply seeking similar investigative authority.

Statement in support

The Division of Military and Naval Affairs is responsible for the operation of the State Emergency Management Office, as well as the readiness of the Organized Militia for its many individuals affiliated with DMNA become involved with the handling of millions of dollars in Federal and/or State appropriations, have access to confidential military information, or operate DMNA programs for which it is important to the State, from a liability standpoint, that the individuals so involved are of good moral character. For example, just one of our on-going programs has given the National Guard an important support role for law enforcement agencies in drug interdiction. As part of this program, National Guard personnel are involved with the detection of border crossings, the search of vehicles crossing borders, the seizure of being privy to information about law enforcement activities. When bringing people into this program, we wish to have an appropriate examination of their backgrounds. We have a similar concern for individuals who perform duty as air base security guards. In a

variety of other National Guard programs we are becoming extensively involved with youth who are at risk because of a community environment of drugs and crime. Our people operating these programs may be part-time members of the National Guard, full-time employees of DMNA, or volunteers having no formal employment status with our agency. Regardless of their status, we would nevertheless want to examine the character of individuals who are going to be involved with children and young people in these programs, so as to protect the children from harm and the State from liability.

Fiscal implications

The level of fiscal support required to implement this bill, for the first and subsequent years of funding, is deemed to be very minor because of the relatively cheap cost of background investigations and the small number of personnel who would be sought to be investigated under this authority for our agency. Also, the costs in this regard may be passed on to the applicants.

Effective date

This act shall take effect immediately.