BILL ANALYSIS Ó
AB 82
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GOVERNOR'S VETO
AB
82 (Cristina Garcia)
As Enrolled September 8, 2015
2/3 vote
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|ASSEMBLY: | 73-2 |(June 2, 2015) |SENATE: |40-0 |(September 2, |
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|ASSEMBLY: | 79-0 |(September 3, | | | |
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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:
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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.
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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
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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
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(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.
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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