BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      AB 82


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          Date of Hearing:  May 20, 2015


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                                 Jimmy Gomez, Chair


          AB  
          82 (Cristina Garcia) - As Amended May 13, 2015


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          Urgency:  No  State Mandated Local Program:  NoReimbursable:  No


          SUMMARY:


          This bill, effective January 1, 2017, deems a person required to  
          register with the federal Selective Service System (SSS) to have  
          automatically consented to SSS registration when applying for an  
          original driver's license, unless the person subsequently opts  








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          out of registering. Specifically, this bill:


          1)Specifies that submission of an application for an original  
            driver's license by a male over age 16 but under age 26  
            establishes a conclusive presumption that the person has  
            either:   

             a)   Registered with the SSS, or 

             b)   Authorized the DMV to forward to the SSS the necessary  
               information in order to process SSS registration.

          2)Requires the application to include the following  
            notifications:

             a)   If the male is at least 16 years old but under 18, he is  
               consenting to, and will be registered with, the SSS upon  
               reaching age 18.

             b)   Information on the criminal penalties and loss of  
               potential benefits for failing to register, and a link to  
               the SSS website for a person to decline registration and  
               informing the person that they have 21 days to do so.

             c)   Availability of alternative service information for  
               those who object to conventional military service, and a  
               link to such information on the SSS website.

          3)Provides that the above shall not be implemented unless the  
            Director of the DMV determines, by June 30, 2016, that  
            implementation and first-year operating costs do not exceed  
            $350,000, and federal funds have been provided to cover all of  
            these costs.



          FISCAL EFFECT:









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          The DMV will incur one-time costs of $435,000 associated with  
          programming, staff time, and forms modifications.  The  
          department indicates that the required notification in this bill  
          will require adding a third page to its driver's license  
          application form. The SSS is intending to reimburse for up to  
          $350,000 of these costs. Any additional costs cannot be covered  
          by the Motor Vehicle Account. (The bill's stipulation that it  
          not be implemented unless the initial costs do not exceed  
          $350,000 is impractical.)  


          COMMENTS:


          1)Background. Federal law requires all men who are 18 through 25  
            years of age to register with the SSS for possible military  
            draft. Males are required to register within 30 days of their  
            18th birthday.  Failure to register is a felony, subject to a  
            fine of up to $250,000 and/or up to five years imprisonment.

            SB 1557 (Deddeh)/Statutes of 1989, required 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." DMV subsequently  
            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. Four  
            times each year, DMV provides the SSS with the name, address,  
            birthdate, and driver's license number of men 17 to 25 who  
            apply for an original driver's license or identification card.  
            The SSS matches this information with its registry and  
            notifies any person that has not registered.

            In its 2014 report to Congress, the SSS indicated that, for  
            2012, California had an 84% compliance rate with the SSS  
            registration requirement versus 93% nationwide. The report  
            notes that 40 states have enacted laws linking the driver's  
            license to SSS registration. Some of the larger states, such  








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            as New York and Texas, automatically registering eligible  
            males when they apply for a driver's license or identification  
            card, as is called for in this bill.

          2)Purpose.  According to the SSS, thousands of California men  
            have lost access to benefits such as federal college  
            assistance (Pell Grants), state Cal Grants, and scholarships  
            because they did not register. Documented and undocumented men  
            not registered with SSS by their 26th birthday will not  
            qualify for these benefits, and unfortunately often realize  
            this when it is too late to register. They are also denied any  
            future employment opportunity with the Federal Government. The  
            author believes AB 82 will "help men in California receive  
            federal benefits that can positively impact their lives?"

            The California Community Colleges are in support of the bill,  
            based on the thousands of men forfeiting education benefits  
            each year due to lack of SSS registration.


             


          3)Opposition. The Friends Committee on Legislation of California  
            asserts that "for reasons of conscience, whether on the basis  
            of religious beliefs or strongly held personal 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."
           
           4)Prior Legislation. Several similar bills have been introduced  
            since 2000, and all have been held on Suspense either in this  
            committee or in Senate Appropriations. The most recent effort  
            was AB 2201 (Chavez) of 2014, which was held in Senate  
            Appropriations.










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          Analysis Prepared by:Chuck Nicol / APPR. / (916)  
          319-2081