BILL ANALYSIS Ó
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
AB 82 (Cristina Garcia) - Vehicles: driver's license:
selective service
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|Version: July 2, 2015 |Policy Vote: T. & H. 9 - 0 |
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|Urgency: No |Mandate: No |
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|Hearing Date: August 17, 2015 |Consultant: Mark McKenzie |
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This bill meets the criteria for referral to the Suspense File.
Bill
Summary: AB 82 would automatically register an applicant for an
original driver's license with the federal Selective Service
System (SSS), if that person is required to be registered under
federal law, unless the applicant subsequently opts out of
registering, as specified. The bill would be implemented on or
before January 31, 2017 only if federal funding is provided to
pay for all implementation and first year operating costs and
the Department of Motor Vehicles (DMV) enters into a specified
memorandum of understanding with the SSS.
Fiscal
Impact:
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One-time DMV implementation costs of approximately $435,000 in
2015-16 and 2016-17, primarily related to programming to
identify male applicants between the ages of 16 and 26, and
updating and printing forms, including the addition of a third
page to the driver's license application form to accommodate
additional disclosures. (federal funds)
Ongoing DMV costs of approximately $120,000 annually for
continued printing costs related to the required SSS notices
and for minor increases in field office staff time. First
year operating costs will be covered by federal funds.
Ongoing costs, beginning no later than January 30, 2018, are
likely to be a General Fund obligation because the Motor
Vehicle Account is an ineligible fund source for these
activities.
Background: Existing federal law requires all men who are 18 through 25
years of age to register with the Selective Service System
within 30 days of their 18th birthday, and to keep registration
current up to age 26. The SSS is an independent federal agency
whose mission is to register men for a possible military draft,
which enables the nation to expand the military forces rapidly
and efficiently during a period of warfare or other national
emergency. Failure to register is a felony violation, subject
to a fine of up to $250,000 and/or up to five years of
imprisonment. In addition, violators lose eligibility for
federal benefits, including student loans and grants, state
student financial aid, job training, employment opportunities
with federal agencies, and citizenship for immigrants.
Existing state law requires 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. As a result, DMV entered into a memorandum of
understanding with the SSS in 1990 that authorizes the release
of personal information on driver's license holders who are
required to register for selective service. Since that time,
DMV has provided the SSS with certain personal information of
men 17 to 25 years of age who apply for an original driver's
license or identification card, including the person's name,
address, birthdate, and driver's license number. The SSS
matches this information with its registry and notifies any
person that has not registered.
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Existing law, Article XIX, Section 3 of the California
Constitution, requires revenues from fees and taxes imposed by
the state upon vehicles or their use or operation to be used for
specified transportation-related infrastructure and the state
administration and enforcement of laws regulating the use,
operation, or registration of vehicles used on public roadways,
including the enforcement of traffic and vehicle laws my state
agencies and the mitigation of vehicles' environmental impacts.
Proposed Law:
AB 82 would establish procedures for automatically registering
specified applicants for an original driver's license with the
SSS. The bill would be implemented on or before January 31,
2017 only if specified conditions are satisfied. Specifically,
once those conditions are satisfied, this bill would:
Deem that a person who is required by federal law to
register with the SSS, and submits an application for an
original driver's license has consented to registration
with the SSS, unless the applicant has declined automatic
registration on the SSS website within 21 days of
submitting an application.
Establish a conclusive presumption, upon submission of
an application, that the person has either registered with
the SSS or authorized DMV to forward information necessary
for registration when the person is required to register.
Require DMV to include three prescribed notices on the
application for an original driver's license that indicate
the following:
o The applicant's consent to register with the
SSS upon submittal of the application.
o That information on alternative service is
available on the SSS website for those who object to
conventional military service.
o Specified information regarding SSS
registration, including federal criminal penalties and
potential loss of benefits for failing to register,
and the SSS website that an applicant can use to
opt-out of registration within 21 days of submitting
an application.
Require DMV to forward the necessary personal
information for registration to the SSS at least monthly in
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an electronic format.
Specify that the bill applies to U.S. citizens and
immigrants who are 16 years of age or older but less than
26 who are or will be required to register with the SSS.
AB 82 would only be implemented if federal funding in an amount
sufficient to pay for all implementation and first year
operating costs has been provided and 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. On or before June 30,
2016, DMV would be required to determine those conditions are
satisfied, execute a declaration indicating the conditions are
satisfied, and provide copies of the declaration to the
Legislature and the SSS, as specified, and post it on its
website.
Related
Legislation: There have been at least six previous attempts to pass
legislation tying the driver's license to registration with the
Selective Service, as follows:
AB 2201 (Chavez), which was held on the Senate
Appropriations Committee Suspense File in 2014, would have
provided for automatic registration with the SSS upon
application for an original or renewal driver's license,
beginning in 2016.
SB 251 (Correa), which was held on the Senate
Appropriations Committee Suspense File in 2011, would have
provided for an "opt-in" on driver's license applications
that allows for consent to register with the SSS.
AB 1661 (Cook), which was held on the Assembly
Appropriations Committee Suspense File in 2007, would have
provided for an "opt-in" on driver's license applications
that allows for consent to register with the SSS.
SB 1276 (Speier), which was held on the Senate
Appropriations Committee Suspense File in 2002, would have
provided for an "opt-in" on driver's license applications
that allows for consent to register with the SSS.
AB 1572 (Briggs), which was held on the Assembly
Appropriations Committee Suspense File in 2001, would have
provided for automatic registration with the SSS upon
application for a driver's license.
AB 2574 (Briggs), which was held on the Assembly
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Appropriations Committee Suspense File in 2000, would have
provided for automatic registration with the SSS upon
application for a driver's license.
Staff
Comments: AB 82 would require DMV to add three prescribed
notices regarding SSS registration and opt-out procedures on the
standard "Driver License or Identification Card Application"
DL-44 form. DMV anticipates the addition of these notices would
extend the DL-44 form to a third page, which creates ongoing
printing costs.
The bill would only be implemented to the extent that federal
funding is provided to cover both implementation costs of
approximately $435,000, and first year operating costs of
approximately $120,000. The Motor Vehicle Account is the DMV's
primary source of funding, with revenues generated by vehicle
registration fees, driver's license and ID card fees, and
several other fees imposed by the DMV for particular services
earmarked to the MVA. Since the expenditure of these revenues
is constitutionally limited to specified transportation and
vehicle-related uses, DMV indicates that the MVA cannot be used
to support ongoing activities related to SSS registration of
driver's license applicants. To avoid legal challenge, staff
assumes DMV's ongoing costs related to the bill would be borne
by the General Fund.
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