BILL ANALYSIS Ó
AB 82
Page 1
Date of Hearing: April 27, 2015
ASSEMBLY COMMITTEE ON TRANSPORTATION
Jim Frazier, Chair
AB 82
(Cristina Garcia) - As Amended April 20, 2015
SUBJECT: Vehicles: driver's license: selective service
SUMMARY: Requires a person who is required to register with the
federal Selective Service System (SSS) to automatically consent
to SSS registration when applying for an original driver's
license. Specifically, this bill:
1)Makes legislative findings and declarations regarding
registration with the SSS.
2)Requires a person who is required to register with the SSS to
automatically consent to SSS registration when submitting an
application for an original driver's license.
3)Specifies that submission of an application for an original
driver's license by an eligible SSS applicant establishes a
conclusive presumption that the person has either:
a) Registered with the SSS; or,
b) Authorized the Department of Motor Vehicles (DMV) to
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forward to the SSS the necessary information in order to
process SSS registration.
4)Requires DMV to include on the driver's license application a
notice indicating the applicant's consent to register with the
SSS.
5)Requires DMV to provide SSS with the necessary personal
information required for an applicant to register with SSS.
6)Proclaims that the provisions specified in this bill apply to
applicants that are United State Citizens and immigrants who
are between age 16 and under 26 applying for an original
driver's license and, or will be, qualified for SSS
registration at age 18.
7)Provides that DMV implementation of SSS registration will only
take effect if:
a) First year operating expenditures do not exceed
$350,000;
b) Federal funding is provided to sufficiently cover
first year operating expenditures; and,
c) SSS executes a memorandum of understanding with DMV
stating SSS will not refer the personal information
required for registration to the United States
Citizenship and Immigration Services.
8)Specifies that by June 30, 2016, the Director of DMV is
required to:
a) Determine if sufficient federal funding is provided
to offset first year operating expenditures;
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b) Execute a declaration that sufficient federal
funding is provided;
c) Submit the declaration to several state entities, as
specified; and,
d) Post the declaration on DMV's Internet web page.
9)Requires DMV to implement the provisions specified in this
bill on or before January 31, 2017, if all specified
conditions have been met.
EXISTING LAW:
1)Requires driver's license and identification card applicants
to provide their social security number and proof of legal
presence in the United States.
2)Requires driver's license applicants unable to provide a
social security number or sufficient proof of legal presence
to provide various forms of documentation, as specified, to
establish proof of identity and residency.
3)Requires all state agencies to cooperate with the SSS in
efforts to publicize Selective Service information. Requires
the SSS to reimburse the state for any costs associated with
these efforts.
4)Prohibits DMV from issuing a driver's license to a minor
unless the minor's driver's license application is signed and
verified by a parent or legal guardian, as specified.
5)At the federal level, requires all men who are 18 through 25
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years of age to register with the SSS. Males are required
register with the SSS within 30 days of their 18th birthday.
6)At the federal level, prohibits a male not registered with the
SSS from being eligible for specific education benefits
including, financial aid and federal grants and loans.
Additionally prohibits a non-registered male from being
eligible for federal employment and certain government
benefits.
7)At the federal level, establishes a felony violation for
failure to register with the SSS including a fine of $250,000
and/or up to 5 years of imprisonment.
FISCAL EFFECT: Unknown
COMMENTS: According to the author, "this bill would help men in
California receive the federal benefits that can positively
impact their lives and help them attain the American dream. It
will help reduce roadblocks to education, employment, and
citizenship, especially for those who need assistance the most."
SSS is an independent federal agency whose mission is to
register men for a possible military draft. This, in turn,
enables the nation to expand the military forces rapidly and
efficiently during a period of warfare or other national
emergency.
In 1989, the Legislature passed and the Governor signed SB 1557
(Deddeh), Chapter 496, to require all state agencies to
cooperate with the SSS "in efforts to publicize the necessity
of, and requirements for, compliance with the federal military
Selective Service Act." In response to this legislation, DMV
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entered into a memorandum of understanding with the SSS in 1990
authorizing the release of personal information of license
holders who are required to register with SSS. Since that time,
DMV provides the SSS with certain personal information,
including the name, address, birthdate, and driver's license
number of men 17 to 25 years of age who apply for an original
driver's license or identification card. DMV currently provides
this information to SSS four times a year. Submittal of this
information is not considered compliance with the registration
requirement of the Military Selective Service Act; rather, SSS
matches this information with its registry and notifies any
person that has not registered of the requirement.
According to the SSS's 2014 Annual Report to Congress, the
overall registration compliance rate for 2013 was 93% with the
SSS reporting that California had an 84% compliance rate. The
SSS report highlighted several methods by which a person may
register with SSS including registering online, registering with
a Selective Service high school registrar, or registering when
filing for the Free Application for Federal Student Aid (FASFA).
Additionally, the report notes that 40 states have enacted laws
linking the driver's license to SSS registration, with many
states offering applicants the option to "opt-in" to registering
with the SSS while a number of other states automatically enroll
driver's license applicants.
Writing in support of this bill, both the American GI Forum of
California and United Mexican-American Veterans Association
write that registration with the SSS "is a pathway to
citizenship for immigrants and a doorway to educational, career,
and community success for Chicanos and Latinos in California."
The American GI Forum further writes, "California has a large
number of "dreamers" where brought to the U.S. as children. Many
do not realize they have an obligation to register for the
draft."
In opposition to this bill, the Friends Committee on Legislation
of California asserts that "for reasons of conscience, whether
on the basis of religious beliefs or strongly held personal
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convictions, some young men do not want their personal
information sent to the Selective Service System. The law
should not claim otherwise." The Friends Committee further
notes, "there is no logical relationship between the privilege
to operate a motor vehicle and registering with the Selective
Service System. Despite this, AB 82 requires the State of
California to go further than the federal government is itself
willing to go in order to compel registration. On federal
financial aid applications, applicants are given the choice of
opting in to have their information forwarded to the Selective
Service System."
Committee concerns: This bill raises a policy question as to
whether it is the appropriate responsibility of DMV to register
eligible males into the SSS. Specifically, this bill directs
DMV to carry out a federal mandate currently required to be
administered by SSS. Under current law, DMV is responsible for
the administration and enforcement of laws related to the use,
operation, and registration of vehicles. While DMV does in fact
ask applicants if they are interested in enrolling in other
programs, such as organ donation or registering to vote,
applicants have the option to choose to enroll, with DMV or the
applicant then sending the information to the appropriate
organization. DMV is not responsible for the actual
registration of the applicant; rather DMV facilitates and
transmits specific information. Under DMV's current agreement
with the SSS, specific information is already transferred four
times a year. This bill will expand DMV's current
responsibilities by requiring DMV to register all eligible
applicants to the SSS. As a result, if enacted, this bill would
require DMV to carry out additional procedures to register
eligible applicants, such as modifying the driver's license
application, administering additional staff training, and
potentially increasing DMV field office wait times.
Furthermore, this bill creates legal ambiguity as to whether
parents have the legal authority to pre-register male minors
into SSS. Federal law requires a male at age 18 to register
himself with SSS. Conversely, state law requires a parent or
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legal guardian to verify, sign, and agree to all statutory
requirements and acknowledgements on a driver's license
application prior to DMV issuing a provisional driver's license
to a minor. The provisions in this bill would tie a minor
obtaining a provisional driver's license to requiring a parent
or legal guardian to pre-register a male minor to SSS before
reaching age 18. Thus, if a parent refuses to consent to their
child being registered to SSS, the minor will be prohibited from
receiving a provisional driver's license.
Proposed amendment: the committee may wish to consider asking
the author to amend the bill to provide applicants the option to
"opt-in" to SSS when applying for a driver's license, which is
the same process currently used for organ donations and voter
registration and also the same method provided to students when
applying for federal financial aid.
Previous legislation: AB 2201 (Chavez) of 2014, almost identical
to this bill, would have required a person who is required to
register with SSS to automatically consent to SSS registration
when applying for an original or a renewal driver's license. AB
2201 was held in the Senate Appropriations Committee on the
suspense file.
SB 251 (Correa) of 2011, was also similar to this bill. SB 251
was held in the Senate Appropriations Committee on the suspense
file.
REGISTERED SUPPORT / OPPOSITION:
Support
The Honorable John Garamendi, Congressman
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The Honorable Greg Pettis, Mayor Pro Tem, City of Cathedral City
The Honorable P. David Benavides, Councilmember, City of Santa
Ana
American G.I. Forum
American Legion - Department of California
Asian Pacific American Institute for Congressional Studies
AMVETS - Department of California
California Community Colleges Chancellor's Office
League of United American Citizens
National Association of Latino Elected and Appointed Officials
United Mexican-American Veterans Association
U.S. India Foundation
Veterans of Foreign Wars - Department of California
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Vietnam Veterans of American - California State Council
39 private citizens
Opposition
American Civil Liberties Union of California
American Friends Service Committee
Asian Americans Advancing Justice - Los Angeles
Automobile Club of Southern California
California Immigrant Policy Center
California Immigrant Youth Justice Alliance
Committee Opposed to Militarism and the Draft
Communities United for Restorative Youth Justice
Friends Committee on Legislation of California
Peace and Freedom Party of California
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San Diego Immigrant Youth Collective
South Asian Network
451 private citizens
Analysis Prepared by:Manny Leon / TRANS. / (916) 319-2093