Senate Bill S990

                                 BILL NUMBER:  S990

 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.