BILL ANALYSIS                                                                                                                                                                                                    Ó






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                                   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  








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            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  







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            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  







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          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  







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          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  







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          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,  







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          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







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          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







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          Prepared by:Erin Riches / T. & H. / (916) 651-4121
          9/1/15 21:19:32


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