BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 82|
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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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