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.