NOTE:  As provided in LFC policy, this report is intended only for use by the standing finance committees of the legislature.  The Legislative Finance Committee does not assume responsibility for the accuracy of the information in this report when used for other purposes.

 

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F I S C A L   I M P A C T   R E P O R T

 

 

 

SPONSOR:

Anderson

 

DATE TYPED:

02/20/03

 

HB

89/aHJC

 

SHORT TITLE:

MVD and Selective Service System

 

SB

 

 

 

ANALYST:

Hayes

 

APPROPRIATION

 

Appropriation Contained

Estimated Additional Impact

Recurring

or Non-Rec

Fund

Affected

FY03

FY04

FY03

FY04

 

 

 

NFI

 

 

 

 

 

 

 

 

 

 

(Parenthesis ( ) Indicate Expenditure Decreases)

 

Duplicates SB 316

 

SOURCES OF INFORMATION

 

Responses Received From

Taxation and Revenue Department (TRD)

Department of Military Affairs

SUMMARY

 

     Synopsis of HJC Amendments

 

In two sections of HB89, the House Judiciary Committee strikes reference to “a male United States citizen or immigrant who is under the age of 26” to replaces it with more age-specific and residence-specific language:  “Every male citizen of the State of New Mexico and every other male person residing in the State of New Mexico who, on the day or days fixed for the first or any subsequent Selective Service Act registration, is between the ages of eighteen and twenty-six.”

 

Age-reference on page 2, lines 21-23, “If under the age of 18….” is deleted.

 

A new section D is added to the legislation regarding how the Selective Service Act applies to immigrants: 

 

“D.  The provisions of this section shall not be applicable to any alien lawfully admitted to the United States as a nonimmigrant under section 101(a)(15) of the Immigration and Nationality Act, as amended (66 Stat. 163; 8 U.S.C. 1101), for so long as he continues to maintain a lawful nonimmigrant status in the United States.”

 

     Synopsis of Original Bill

 

HB 89 adds a new section to the Motor Vehicle Code authorizing personal information from a driver’s license application or identification card be forwarded to the Selective Service System.

 

The provisions of this bill apply only to United States citizens or immigrants who are male and under the age of twenty-six, pursuant to the requirements of the federal Military Selective Service Act, 50, U.S.C. App. 453 et seq.

 

The effective date of this legislation is July 1, 2003.

 

     Significant Issues

 

1.  The Motor Vehicle Division (MVD) signed an MOU with the Selective Service in 2000 for transmitting personal information to the Selective Service.  Under the current MOU agreement, an individual obtaining a driver’s license can choose on the application form whether or not he wants to register with the Selective Service, or he can simply ignore the question on the driver’s license application.

 

  1.  HB89 will supercede the MOU.  Upon issuance of a driver’s license, the name and personal information of a male driver between 18 and 26 will be forwarded to the Selective Service.  According to HB89, the applicant’s submission of the driver’s license application will serve as an indication that the applicant has already registered with the Selective Service as required by federal law, or that he is authorizing MVD to forward his information to the Selective Service.

 

  1.  The bill also requires MVD to forward the personal information to the Selective Service in an electronic format.  MVD has confirmed that they are able to do this without any cost to the agency. 

 

ADMINISTRATIVE IMPLICATIONS

 

If HB89 were enacted, it would create monitoring and reporting consequences for MVD that currently do not exist.  Such reporting and monitoring requirements are currently the responsibility of the federal government.

 

DUPLICATION

 

SB 316 duplicates HB 89.

 

QUESTIONS

 

1.  Since the federal government is responsible for ensuring that eligible males register for the Selective Service, why is HB89 requesting MVD assistance in this matter?  Or, is the federal government now mandating such assistance in preparation of a possible future war?

 

CMH/njw:sb