BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | AB 82| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- THIRD READING Bill No: AB 82 Author: Cristina Garcia (D), et al. Amended: 9/1/15 in Senate Vote: 21 SENATE TRANS. & HOUSING COMMITTEE: 9-0, 6/30/15 AYES: Beall, Cannella, Bates, Gaines, Galgiani, Leyva, McGuire, Mendoza, Roth NO VOTE RECORDED: Allen, Wieckowski SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/27/15 AYES: Lara, Bates, Beall, Hill, Leyva, Mendoza, Nielsen ASSEMBLY FLOOR: 73-2, 6/2/15 - See last page for vote SUBJECT: Vehicles: drivers license: selective service SOURCE: Author DIGEST: This bill requires the Department of Motor Vehicles (DMV) to include in the driver's license application an option for an eligible individual to register for the federal Selective Service System (SSS). ANALYSIS: Existing federal law: 1)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 AB 82 Page 2 during a period of warfare or other national emergency. 2)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. 3)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 also requires SSS registration as a prerequisite for most federal jobs, and in order to remain eligible for citizenship. Existing state law: 1)Requires all state agencies to cooperate with the SSS to publicize requirements for SSS registration compliance. 2)Requires SSS registration as a pre-condition for state student financial aid. This bill: 1)Requires DMV to include on the driver's license application the following statement: "I am a man between 18 and 26 years of age and I consent to registration with the Selective Service System. I understand that my consent to registration with the Selective Service System is not necessary in order to be granted a driver's license." 2)Requires DMV to include a specified notice on the driver's license application explaining the requirements of federal law relating to SSS. 3)Requires DMV to include on the driver's license application a notice indicating that applicants objecting to conventional military service for religious or other conscientious reasons AB 82 Page 3 may go to the SSS website for information on the Alternative Service Program. 4)Deems that an individual who is required to register with the SSS has consented to SSS registration by submitting an application for an original driver's license with his signature on the statement described in No. 1. 5)Prohibits DMV from forwarding to SSS the personal information of an individual who did not consent to registration. 6)Requires DMV to, at least monthly, forward to SSS in an electronic format the necessary personal information of an individual who has consented to registration. 7)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 includes an agreement that SSS will not refer any personal information submitted to it by DMV to the U.S. Citizenship and Immigration Services for any purpose. 8)Requires DMV to determine and execute a statement, by June 30, 2016, of whether the requirements outlined in No. 7 have been met and to provide copies of the statement to the Legislature and SSS. 9)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 one 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 AB 82 Page 4 requests each year from men seeking help to gain back lost 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 ensures that men aged 18 to 26 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, 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. 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. Opting-in. The prior version of this bill provided for automatic SSS registration of any eligible individual who submitted an application for an original driver's license, unless the applicant opted out by going to the SSS website within 21 days of submitting his application. While most states have enacted laws linking a man's application for a driver's AB 82 Page 5 license or identification car with the SSS registration requirement, many of these states offer applicants the option to "opt-in" to registering with the SSS. 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?"). In keeping with the current driver's license application, this bill was amended in the Senate Appropriations Committee to allow applicants to opt-in to SSS registration rather than being automatically registered. What about undocumented males? Federal law requires males aged 18 to 26 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 the prior version of this bill, the California Immigrant Policy Center stated that the privacy disclosure 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. 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 do not register for the SSS? 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 AB 82 Page 6 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. DMV indicates that Motor Vehicle Account funds cannot be used to support ongoing activities related to SSS registration of driver's license applicants. To avoid legal challenges, it would appear that DMV's ongoing costs related to this bill would have to be borne by the General Fund. Prior 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 the Senate Transportation and Housing 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 the Senate Transportation and Housing Committee on a 7-2 vote, 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 the Senate Transportation and Housing Committee on an 8-1 vote, AB 82 Page 7 but was held on the Senate Appropriations Committee suspense file. AB 2574 (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. FISCAL EFFECT: Appropriation: No Fiscal Com.:YesLocal: No According to the Senate Appropriations Committee: One-time DMV implementation costs, likely exceeding $550,000 in 2015-16 and 2016-17, primarily related to programming to identify male applicants between the ages of 16 and 26, keying in affirmative responses, 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. SUPPORT: (Verified9/1/15) 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 AB 82 Page 8 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 Two individuals OPPOSITION: (Verified 9/1/15) 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 ASSEMBLY FLOOR: 73-2, 6/2/15 AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom, Bonilla, Brough, Brown, Calderon, Campos, Chang, Chau, Chiu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Atkins NOES: Levine, Mark Stone NO VOTE RECORDED: Bonta, Burke, Chávez, Chu, Grove AB 82 Page 9 Prepared by:Erin Riches / T. & H. / (916) 651-4121 9/1/15 21:19:32 **** END ****