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