BILL ANALYSIS Ó AB 82 Page 1 GOVERNOR'S VETO AB 82 (Cristina Garcia) As Enrolled September 8, 2015 2/3 vote -------------------------------------------------------------------- |ASSEMBLY: | 73-2 |(June 2, 2015) |SENATE: |40-0 |(September 2, | | | | | | |2015) | | | | | | | | | | | | | | | -------------------------------------------------------------------- -------------------------------------------------------------------- |ASSEMBLY: | 79-0 |(September 3, | | | | | | |2015) | | | | | | | | | | | | | | | | | | -------------------------------------------------------------------- Original Committee Reference: TRANS. SUMMARY: Provides a person who is eligible to register with the federal Selective Service System (SSS) the option of registering when applying for a driver's license. The Senate amendments: AB 82 Page 2 1)Require the Department of Motor Vehicles (DMV) to include on an application for an original driver's license the option for an applicant to register with SSS. 2)Require a driver's license application to also include several notifications specifically related to SSS federal requirements and options for conscientious objectors. 3)Prohibit DMV from forwarding personal information to SSS from an eligible applicant who does not register with SSS when applying for a driver's license. AS PASSED BY THE ASSEMBLY, this bill: 1)Made legislative findings and declarations regarding registration with the SSS. 2)Required a person who is required to register with the SSS to automatically consent to SSS registration when submitting an application for an original driver's license unless the applicant declines SSS registration through the SSS Web site within 21 days of submitting their driver's license application. 3)Specified that submission of an application for an original driver's license by an eligible SSS applicant establishes a conclusive presumption that the person has either: a) Registered with the SSS; or, b) Authorized the DMV to forward to the SSS the necessary information in order to process SSS registration. AB 82 Page 3 4)Required DMV to include on the driver's license application a notice indicating the applicant's consent to register with the SSS, contact information for conscientious objectors, and information on penalties associated with failure to comply with federal requirements. 5)Required DMV, on a monthly basis, to provide SSS with the necessary personal information required for an applicant to register with SSS. 6)Proclaimed that the provisions specified in this bill apply to applicants that are United States Citizens and immigrants who are between age 16 and under 26 applying for an original driver's license and, or will be, qualified for SSS registration at age 18. 7)Provided that DMV implementation of SSS registration will only take effect if: a) Federal funding is provided to sufficiently cover first year operating expenditures; and, b) SSS executes a memorandum of understanding with DMV stating SSS will not refer the personal information required for registration to the United States Citizenship and Immigration Services. 8)Specified that by June 30, 2016, the Director of DMV is required to: a) Determine if sufficient federal funding is provided to offset first year operating expenditures; b) Execute a declaration that sufficient federal funding is provided; c) Submit the declaration to several state entities, as AB 82 Page 4 specified; and, d) Post the declaration on DMV's Internet Web page. 9)Required DMV to implement the provisions specified in this bill on or before January 31, 2017, if all specified conditions have been met. FISCAL EFFECT: According to the Senate Appropriations Committee: 1)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) 2)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. COMMENTS: SSS is an independent federal agency whose mission is to register men for a possible military draft. This, in turn, enables the nation to expand the military forces rapidly and efficiently during a period of warfare or other national emergency. In 1989, the Legislature passed and the Governor signed SB 1557 AB 82 Page 5 (Deddeh), Chapter 496, to require 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." In response to this legislation, DMV entered into a memorandum of understanding with the SSS in 1990 authorizing the release of personal information of license holders who are required to register with SSS. Since that time, DMV provides the SSS with certain personal information, including the name, address, birthdate, and driver's license number of men 17 to 25 years of age who apply for an original driver's license or identification card. DMV currently provides this information to SSS four times a year. Submittal of this information is not considered compliance with the registration requirement of the Military Selective Service Act; rather, SSS matches this information with its registry and notifies any person that has not registered of the requirement. According to the SSS's 2014 Annual Report to Congress, the overall registration compliance rate for 2013 was 93% with the SSS reporting that California had an 84% compliance rate. The SSS report highlighted several methods by which a person may register with SSS including registering online, registering with a Selective Service high school registrar, or registering when filing for the Free Application for Federal Student Aid (FASFA). Additionally, the report notes that 40 states have enacted laws linking the driver's license to SSS registration, with many states offering applicants the option to "opt-in" to registering with the SSS while a number of other states automatically enroll driver's license applicants. This bill provides a person eligible for SSS the option of registering with SSS when applying for an original driver's license. This bill also requires DMV to include in the application for an original driver's license several notifications related to federal requirements for males between 18 to 26 and applicants who conscientiously object to registering with SSS. AB 82 Page 6 Please see the policy committee analysis for a full discussion of this bill. GOVERNOR'S VETO MESSAGE: This bill requires the Department of Motor Vehicles to provide men with the option to register with the U.S. Selective Service System when applying for an original driver's license. In view of the relatively easy ways that young men can register for the U.S. Selective Service System such as registering online, at their high school, or at a local post office, I don't think this new responsibility for the Department of Motor Vehicles is advisable. Analysis Prepared by: Manny Leon / TRANS. / (916) 319-2093 FN: 0002510