BILL ANALYSIS                                                                                                                                                                                                    �




                   Senate Appropriations Committee Fiscal Summary
                           Senator Christine Kehoe, Chair

                                          SB 251 (Correa)
          
          Hearing Date: 05/26/2011        Amended: 04/26/2011
          Consultant: Mark McKenzie       Policy Vote: T&H 7-2
          _________________________________________________________________
          ____
          BILL SUMMARY: SB 251 would provide for federal Selective Service 
          registration through the driver's license application process.  
          Specifically, this bill would:
           Require the Department of Motor Vehicles (DMV) to revise the 
            application for an original or renewal driver's license to 
            include a specified statement that allows an applicant to 
            register with the federal Selective Service System.
           Require DMV to forward any personal information required for 
            registration of consenting persons to the federal Selective 
            Service System in an electronic format.
           Prohibit DMV from forwarding any personal information for 
            persons who do not consent to Selective Service registration, 
            except as provided in any memorandum of understanding between 
            DMV and the federal Selective Service System.
          _________________________________________________________________
          ____
                            Fiscal Impact (in thousands)

           Major Provisions         2011-12      2012-13       2013-14     Fund
           DMV programming/forms  $515                             Special*
          DMV transactions/processing                   $211      
          $211Special*
          __________
          * Motor Vehicle Account
          _________________________________________________________________
          ____

          STAFF COMMENTS:  SUSPENSE FILE. 

          Existing federal law requires all men who are 18 through 25 
          years of age to register with the Selective Service System 
          within 30 days of their 18th birthday.  The Selective Service 
          System is an independent federal agency whose mission is to 
          register men for a possible military draft, which enables the 
          nation to expand the military forces rapidly and efficiently 
          during a period of warfare or other national emergency.  Failure 
          to register is a felony violation, subject to a fine of up to 








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          $250,000 and/or up to five years of imprisonment.  In addition, 
          violators lose eligibility for federal benefits, including 
          student loans and grants, job training, employment opportunities 
          with federal agencies, and citizenship for immigrants.

          This bill is intended to increase compliance with Selective 
          Service registration requirements among young men in California 
          by linking DMV's driver's license application to the 
          registration process.  The Selective Service System indicates 
          that California ranks 47th out of the 50 states with regard to 
          registration of 18 and 19 year olds.  Currently 37 other states 
          and the District of Columbia have enacted requirements linking 
          Selective Service registration with the driver's license 
          application process.  DMV entered into a memorandum of 
          understanding with the Selective Service System in 1990 
          authorizing the release of personal information of license 
          holders who are required to register for selective service.  
          Since that time, DMV has provided the Selective Service System 
          with certain personal information of men 17 to 25 years of age 
          who apply for an original driver's license or identification 
          card, including the person's name, address, birthdate, and 
          driver's license number.

          SB 251 would require DMV to revise original and renewal driver's 
          license application forms to include a specified statement of 
          consent to register with the Selective Service System and space 
          for the applicant's signature.  DMV would forward the personal 
          information of persons who register to the federal Selective 
          Service System in an electronic format.  DMV indicates that the 
          previous version of this bill imposed one-time costs of 
          approximately $515,000 to update application forms and perform 
          any necessary programming work to identify applicants who are 
          subject to Selective Service registration requirements and 
          forward specified personal information of applicants who agree 
          to register to the federal Selective Service System.  The 
          current bill may require additional programming to allow DMV to 
          segregate data for applicants who opt-in for registration with 
          the Selective Service.  DMV estimates ongoing costs of 
          approximately $211,000 based on the additional time to process 
          approximately 360,000 applications annually in the targeted age 
          range.  The bill is expected to increase transaction processing 
          time by 30 to 60 seconds per transaction.

          Staff notes that the requirements of the bill could be subject 








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          to constitutional challenge.  Specifically, Article XIX, Section 
          2 of the California Constitution limits use of revenues 
          generated from state fees and taxes upon vehicles or their use 
          or operation to funding transportation-related infrastructure, 
          or the "state administration and enforcement of laws regulating 
          the use, operation, or registration of vehicles used upon the 
          public streets and highways of this State, including the 
          enforcement of traffic and vehicle laws by state agencies and 
          the mitigation of the environmental effects of motor vehicle 
          operation due to air and sound emissions."  The Motor Vehicle 
          Account is the DMV's primary source of funding, with revenues 
          generated by vehicle registration fees, driver's license and ID 
          card fees, and several other fees imposed by the DMV for 
          particular services earmarked to the MVA.  Since the costs 
          incurred by the DMV to implement this bill would necessarily 
          have to be paid from the MVA, the requirements of this bill 
          could be subject to constitutional challenge as a violation of 
          Article XIX.

          Staff notes that there have been at least four previous attempts 
          to pass legislation tying the driver's license to registration 
          with the Selective Service System, as follows:
                 AB 1661 (Cook), 2007, held in the Assembly 
               Appropriations Committee
                 SB 1276 (Speier), 2002, held in the Senate 
               Appropriations Committee
                 AB 1572 (Briggs), 2001, held in the Assembly 
               Appropriations Committee
                 AB 2574 (Briggs), 2000, held in the Assembly 
               Appropriations Committee