BILL ANALYSIS Ó
SENATE COMMITTEE ON TRANSPORTATION AND HOUSING
Senator Jim Beall, Chair
2015 - 2016 Regular
Bill No: AB 82 Hearing Date: 6/30/2015
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|Author: |Cristina Garcia |
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|Version: |6/23/2015 |
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|Urgency: |No |Fiscal: |Yes |
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|Consultant|Erin Riches |
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SUBJECT: Driver's license: Selective Service
DIGEST: This bill deems that an individual who is required by
federal law to register for the federal Selective Service System
(SSS) has consented to registration by completing a driver's
license application.
ANALYSIS:
Existing federal law requires males 18 through 25 years old,
living in the U.S., to register with the SSS. The SSS is an
independent federal agency that registers men for a possible
military draft, which would enable the nation to rapidly expand
its military forces during a period of warfare or other national
emergency.
Federal law requires a male to register with the SSS within 30
days of his 18th birthday, but the SSS will accept late
registration up to age 26. Federal law provides several
exemptions, such as lawful non-immigrants on visas, seasonal
agricultural workers (H-2A visa), and individuals with physical
or mental health issues. An individual may register online or
fill out a hardcopy form at any U.S. Post Office and mail it to
the SSS. Failure to register is a felony subject to a fine of
up to $25,000, a prison term of up to five years, or both.
Federal law provides that a male who is required to register
with the SSS must do so in order to be eligible for Title IV
federal student financial aid (e.g., Pell Grants). Federal law
AB 82 (Cristina Garcia) Page 2 of ?
also requires SSS registration as a prerequisite for most
federal jobs, and in order to remain eligible for citizenship.
Existing state law requires all state agencies to cooperate with
the SSS to publicize requirements for SSS registration
compliance. State law also requires SSS registration as a
pre-condition for state student financial aid.
This bill:
1)Deems that an individual who is required to register with the
SSS has consented to registration by submitting an application
for an original driver's license, unless the applicant
declines automatic registration through the SSS website within
21 days of submitting his application.
2)Provides that unless the individual declines automatic
registration, the submission of an application for an original
driver's license shall establish a conclusive presumption that
the individual has either:
a. Registered with the SSS in compliance with the federal
Military Selective Service Act; or
b. Authorized DMV to forward to the SSS the necessary
information for SSS registration when that individual is
required to register under the federal Military Selective
Service Act.
3)Requires the DMV application for an original driver's license
to include:
a. A notice indicating that the applicant is consenting to
SSS registration, if the individual is at least 16 but
under 18 years of age;
b. A notice indicating that applicants objecting to
conventional military service for religious or other
conscientious reasons may go to the SSS website for
information on the Alternative Service Program; and
c. A notice outlining the criminal penalties and potential
loss of benefits for failing to register with the SSS,
AB 82 (Cristina Garcia) Page 3 of ?
including the SSS website address and information relating
to the applicant's ability to decline automatic
registration when applying for an original driver's
license.
4)Requires DMV to, at least monthly, forward to SSS in an
electronic format the necessary personal information required
for SSS registration of an eligible individual who has applied
for an original driver's license.
5)Provides that this bill applies to U.S. citizens and
immigrants who are between 16 and 26 years old who are
applying for an original driver's license and who are required
by federal law to register for the SSS.
6)Requires the DMV to implement this bill if:
a. Federal funding in an amount sufficient to pay for all
implementation and first-year operating costs has been
provided; and
b. The SSS executes a memorandum of understanding with DMV
that it will not refer the personal information required
for registration to the U.S. Citizenship and Immigration
Services.
7)Requires DMV to determine and execute a statement, by June 30,
2016, of whether the requirements outlined in No. 6 have been
met and to provide copies of the statement to the Legislature
and the SSS.
8)Requires DMV to implement this bill, subject to the
requirement outlined in No. 6 being met, by January 31, 2017.
COMMENTS:
Purpose. The author states that California has the largest
number of SSS non-registrants in the country, representing 21%
of non-registrants in the U.S. There are currently almost 1
million California men, 26 and older, who have failed to
register. California institutions lose tens of millions of
dollars each year because non-registrants do not qualify for,
nor use, federal funds. Minorities and those most at risk often
lose these benefits. The SSS receives tens of thousands of
requests each year from men seeking help to gain back lost
AB 82 (Cristina Garcia) Page 4 of ?
benefits. Forty other states and five U.S. territories have
passed laws tying SSS registration to the driver's license
application; the process is quick, easy, and efficient, and
helps a young man comply with federal law. Such laws have had a
significant impact on raising SSS registration rates in each
state that has passed such a law. The author states that this
bill would ensure that men aged 18 to 25 do not fall through the
cracks by making sure they fulfill their civic duty by signing
up for the SSS, making this a one-stop shop to receive multiple
federal benefits.
Is this bill necessary? The SSS Fiscal Year 2014 annual report
to Congress notes that approximately 87% of the nation's high
schools participate in the SSS high school registrar program,
and the SSS also has many outreach programs. For calendar year
2013, the SSS compliance rate was 72% for 18-year-olds; 89% for
19-year-olds; and 97% for 20- to 25-year-olds. This would seem
to indicate that even if males are not registering at 18, nearly
all are registering by the time they reach 26 years of age. In
addition, writing in opposition to this bill, the American Civil
Liberties Union of California (ACLU) notes that young men
eligible for California state financial aid have the opportunity
to register with the SSS on their financial aid applications.
DMV already provides information to SSS. Existing state law (SB
557, Deddeh, Chapter 496, Statutes of 1989) requires all state
agencies to cooperate with the SSS to publicize requirements for
SSS registration compliance. DMV entered into a memorandum of
understanding with the SSS in 1990 and since then has provided a
quarterly file to the SSS of personal information of men aged 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 individual who has not registered of
the requirement. Neither the DMV nor the SSS automatically
registers individuals under current practice. This bill expands
DMV's responsibilities by requiring DMV to carry out additional
procedures to register eligible applicants, such as modifying
the driver's license application and administering additional
staff training. The committee may wish to consider whether it
is appropriate to require DMV to carry out a federal mandate
that federal law currently assigns to a federal agency.
Why not an up-front opt-in or opt-out? The SSS indicates that
most states have enacted laws linking a man's application for a
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driver's license or identification card with the SSS
registration requirement. Unlike this bill, however, many
states offer applicants the option to "opt-in" to registering
with the SSS. The author states that the 21-day opt-out mirrors
AB 1461 (Gonzalez, 2015), which provides for individuals who
have a driver's license or identification card to be
automatically registered to vote, unless the person opts out
within 21 days. However, non-driving-related provisions
currently included in the California driver's license
application, such as organ donation and voter registration, are
opt-in (e.g., "Do you wish to be an organ or tissue donor?").
The committee may wish to consider amending this bill to make
the SSS registration requirement an up-front opt-out, in keeping
with the current driver's license application.
What if a young man is registered before he opts out? The SSS
states that it is legally prohibited from registering any
individual who has not provided his consent. The SSS states
that it will not enter any names from the DMV files into its
database until after the 21-day opt-out period has passed. Once
the SSS receives the file and the period has passed, it will
check the names against its database and send letters to anyone
not in their database to inform them of the registration
requirement. The agency will also send a "receipt" to
individuals who opted out. The committee may wish to consider
amending this bill to expand the memorandum requirement to
include a commitment from SSS to wait to enter any information
from DMV into its database until after the opt-out period has
passed, and to not enter any information for those who have
opted out.
What about undocumented males? Federal law requires males aged
18 to 25 years to register for the SSS whether or not they are
documented citizens. An individual must provide a social
security number if he has one, and must have a social security
number in order to register online (but not to register by paper
through a post office). The SSS website states that it "has not
now, or in the past, collected or shared any information which
would indicate a man's immigration status, either documented or
undocumented." This bill makes implementation contingent upon a
memorandum of understanding between DMV and the SSS that the SSS
will not refer the personal information required for
registration to U.S. Citizenship and Immigration Services.
Writing in opposition to this bill, the California Immigrant
Policy Center (CPIC) states that the privacy disclosure
AB 82 (Cristina Garcia) Page 6 of ?
statement on the SSS website states that the SSS has the right
to furnish information about individuals to nearly a dozen
federal agencies, as well as the general public.
Field office delays? Young men who wish to obtain a driver's
license, but do not wish to be registered for the draft, may
protest this requirement. This bill could also create confusion
for those not required to register for the SSS because it
requires DMV to print the SSS information on all driver's
license applications. The committee may wish to consider the
potential delays this bill could create in DMV field offices.
What about conscientious objectors? This bill requires the
driver's license application to include a statement indicating
that Alternative Service Program (ASP) information is available
on the SSS website for individuals who object to conventional
military service for religious or other reasons. ASP work
includes conservation, caring for the very young and very old,
educational projects, and health care. An individual wishing to
participate in the ASP must register for the SSS, then apply for
conscientious objector status.
What happens to those who opt out? Under current federal law,
if a man fails to register for the SSS or provide evidence that
he is exempt from the requirement after receiving a reminder
and/or compliance mailing, the SSS refers his name to the U.S.
Department of Justice (DOJ) for possible investigation and
prosecution, pursuant to the federal Military Selective Service
Act. The SSS generally refers about 150,000 names per year to
DOJ. Failure to register is a felony subject to a fine of up to
$25,000, a prison term of up to five years, or both.
Appropriate use of DMV funds? This bill makes implementation
contingent upon the SSS providing funds to cover implementation
and first-year operating costs. Ongoing costs, however, would
likely fall on DMV. Writing in opposition to this bill, the
Automobile Club of Southern California notes that the California
Constitution limits the use of Motor Vehicle Account revenues to
"administration and enforcement of laws regulating the use,
operation, or registration of vehicles used upon the public
streets and highways of this state, including the enforcement of
traffic and vehicle laws by state agencies?" The Constitution
appears to preclude use of Motor Vehicle Account revenues for
the purpose required in this bill.
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PREVIOUS LEGISLATION
AB 2201 (Chávez, 2014) -would have deemed that an individual
consents to registration with the SSS upon applying to the DMV
for an original or renewal of a driver's license, provided that
the individual was required to be registered with the SSS. AB
2201 passed out of this committee on a 10-1 vote but was held on
the Senate Appropriations Committee suspense file.
SB 251 (Correa, 2011) - would have deemed that an individual
consents to registration with the SSS upon applying to the DMV
for an original or renewal of a driver's license, provided that
the individual was required to be registered with the SSS. SB
251 passed out of this committee but was held on the Senate
Appropriations Committee suspense file.
AB 1661 (Cook, 2007) - would have required DMV to include a
statement on the driver's license or identification card
application that the applicant could sign to indicate he agreed
to register with the SSS. AB 1661 was held on the Assembly
Appropriations Committee suspense file.
SB 1276 (Speier, 2002) - would have required DMV to provide
notice of SSS registration requirements to males under 26 years
of age applying for a driver's license and would have provided
for SSS registration with the applicant's consent. SB 1276
passed out of this committee but was held on the Senate
Appropriations Committee suspense file.
AB 1574 (Briggs, 2000) - would have required DMV to notify every
male between 18 and 25 years of age who was applying for a
driver's license of the SSS registration requirements; specified
that an applicant, by applying for a driver's license or
identification card, acknowledged that he would be registering
for the SSS if he had not already done so; and allowed the
applicant to write to the SSS to have his name removed from the
SSS registry. AB 1574 was held on the Assembly Appropriations
Committee suspense file.
Assembly Votes:
Floor: 73-2
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Appr: 17-0
Trans: 15-1
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes
Local: No
POSITIONS: (Communicated to the committee before noon on
Wednesday,
June 24, 2015.)
SUPPORT:
American GI Forum of California
American Legion - Department of California
AMVETS - Department of California
Asian Pacific American Advocates
Asian Pacific American Institute for Congressional Studies
California Community Colleges Chancellor's Office
California State University
Cathedral City Mayor Pro Tem Greg Pettis
City of Santa Ana
Honorable John Garamendi, Member of Congress
League of United Latin American Citizens
National Association of Latino Elected and Appointed Officials
Education Fund
National Congress of American Indians
Porterville Unified School District
Southwest Voter Registration Education Project
United Mexican-American Veterans Association
U.S. India Foundation
Veterans of Foreign Wars - Department of California
Vietnam Veterans of America - California Council
2 individuals
OPPOSITION:
American Civil Liberties Union of California
American Friends Service Committee
Automobile Club of Southern California
California Immigrant Policy Center
Committee Opposed to Militarism and the Draft
Department of Finance
Friends Committee on Legislation of California
Peace and Freedom Party of California
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341 individuals
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