BILL ANALYSIS Ó AB 82 Page 1 Date of Hearing: May 20, 2015 ASSEMBLY COMMITTEE ON APPROPRIATIONS Jimmy Gomez, Chair AB 82 (Cristina Garcia) - As Amended May 13, 2015 ----------------------------------------------------------------- |Policy |Transportation |Vote:|15 - 1 | |Committee: | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | ----------------------------------------------------------------- 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 AB 82 Page 2 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: AB 82 Page 3 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 AB 82 Page 4 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. AB 82 Page 5 Analysis Prepared by:Chuck Nicol / APPR. / (916) 319-2081