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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          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