BILL ANALYSIS Ó
AB 82
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ASSEMBLY THIRD READING
AB
82 (Cristina Garcia)
As Amended May 28, 2015
Majority vote
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|Committee |Votes |Ayes |Noes |
| | | | |
| | | | |
|----------------+------+--------------------+----------------------|
|Transportation |15-1 |Frazier, Achadjian, |Chu |
| | |Baker, Bloom, Daly, | |
| | |Dodd, Eduardo | |
| | |Garcia, Gomez, Kim, | |
| | |Linder, Medina, | |
| | |Melendez, Nazarian, | |
| | |O'Donnell, Santiago | |
| | | | |
| | | | |
|----------------+------+--------------------+----------------------|
|Appropriations |17-0 |Gomez, Bigelow, | |
| | |Bonta, Calderon, | |
| | |Chang, Daly, | |
| | |Eggman, Gallagher, | |
| | | | |
| | | | |
| | |Eduardo Garcia, | |
| | |Gordon, Holden, | |
| | |Jones, Quirk, | |
| | |Rendon, Wagner, | |
| | |Weber, Wood | |
AB 82
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| | | | |
| | | | |
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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 unless the
applicant declines SSS registration through the SSS Web site
within 21 days of submitting their driver's license application.
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
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, contact information for conscientious objectors, and
information on penalties associated with failure to comply with
federal requirements.
5)Requires DMV, on a monthly basis, to provide SSS with the
necessary personal information required for an applicant to
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register with SSS.
6)Proclaims that the provisions specified in this bill apply to
applicants that are United States 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) Federal funding is provided to sufficiently cover first
year operating expenditures; and,
b) 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;
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
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been met.
FISCAL EFFECT: According to the Assembly Appropriations
Committee, 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 which will entail ongoing additional printing
costs of $120,000. The SSS is intending to reimburse for up to
$435,000 of these costs. Any additional costs cannot be covered
by the Motor Vehicle Account, so would likely come from the
General Fund.
COMMENTS: 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 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.
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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 United States 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
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."
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Please see the policy committee analysis for full discussion of
this bill.
Analysis Prepared by:
Manny Leon / TRANS. / (916) 319-2093 FN: 0000647