BILL ANALYSIS Ó
AB 2201
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Date of Hearing: April 21, 2014
ASSEMBLY COMMITTEE ON TRANSPORTATION
Bonnie Lowenthal, Chair
AB 2201 (Chavez) - As Amended: April 10, 2014
SUBJECT : Vehicles: driver's license: selective service
SUMMARY : Requires a person who is required to register with the
federal Selective Service System (SSS) to automatically consent
to SSS registration when applying for an original or a renewal
driver's license. Specifically, this bill :
1)Makes legislative findings and declarations regarding
registration with the SSS.
2)Requires a person who is required to register with the SSS to
automatically consent to SSS registration when submitting an
application for an original or a renewal driver's license.
3)Specifies that submission of an application for an original or
a renewal 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 Department of Motor Vehicles (DMV) to
forward to the SSS the necessary information in order to
process SSS registration.
4)Requires DMV to include on the driver's license application a
notice indicating the applicant's consent to register with the
SSS.
EXISTING LAW :
1)Requires driver's license and identification card applicants
to provide their social security number and proof of legal
presence in the United States.
2)Requires all state agencies to cooperate with the SSS in
efforts to publicize Selective Service information. Requires
the SSS to reimburse the state for any costs associated with
these efforts.
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3)At the federal level, requires all men who are 18 through 25
years of age to register with the SSS. Males are required
register with the SSS within 30 days of their 18th birthday.
4)At the federal level, prohibits a male not registered with the
SSS from being eligible for specific education benefits
including, financial aid and federal grants and loans.
Additionally prohibits a non-registered male from being
eligible for federal employment and certain government
benefits.
5)At the federal level, establishes a felony violation for
failure to register with the SSS including a fine of $250,000
and/or up to 5 years of imprisonment.
FISCAL EFFECT : Unknown
COMMENTS : According to the author, "California men are being
disqualified for financial aid and school grants because they
are unaware they have to register for the Selective Service. At
a time when tuition is on the rise and student indebtedness is
becoming a real problem, we must give them the tools they need
to afford college and be successful."
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
(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
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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 2013 Report to Congress, the overall
registration compliance rate for 2012 was 92% with the SSS
reporting that California had an 83% 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 and one state, New York, automatically registering
eligible males when they apply for a driver's license or
identification card.
Writing in support of this bill, both the American GI Forum of
California and United Mexican-American Veterans Association
write that registration with the SSS "is a pathway to
citizenship for immigrants and a doorway to educational, career,
and community success for Chicanos and Latinos in California."
In opposition to this bill, the Committee Opposed to Militarism
and the Draft (COMD) writes that the bill "is asking DMV to
perform, and pay for a function that is completely unrelated to
its purpose." COMD further writes "the federal government
itself does not employ such a system to automatically register
people with SSS. For example, when men apply for federal
college financial aid, they must opt-in to be registered with
the SSS."
Committee concern : This bill raises a policy question as to
whether it is the appropriate responsibility of DMV to register
eligible males into the SSS. Specifically, this bill requires
DMV to carry out a federal requirement currently assigned to
SSS. Under current law, DMV is responsible for the
administration and enforcement of laws related to the use,
operation, and registration of vehicles. While DMV does in fact
ask applicants if they are interested in enrolling in other
programs, such as organ donation or registering to vote,
applicants have the option to choose to enroll, with DMV or the
applicant then sending the information to the appropriate
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organization. DMV is not responsible for the actual
registration of the applicant; rather DMV facilitates and
transmits specific information. Under DMV's current agreement
with the SSS, specific information is already transferred on a
quarterly basis. This bill will expand DMV's current
responsibilities by requiring DMV to register all eligible
applicants to the SSS. As a result, if enacted, this bill would
require DMV to carry out additional procedures to register
eligible applicants, such as modifying the driver's license
application, administering additional staff training, and
potentially increasing DMV field office wait times.
Previous legislation:
SB 251 (Correa) of 2011 would have deemed a person is consenting
to registration with the SSS when he applies for an original or
renewal driver's license issued by DMV. That bill was held on
the suspense file in the Senate Appropriations Committee.
REGISTERED SUPPORT / OPPOSITION :
Support
American GI Forum of California
American Legion- Department of California
AMVETS-Department of California
California Community Colleges
California State University (CSU)
City of Brea
City of South Pasadena
Congressman John Garamendi
Judith E. Preuss (individual)
League of United Latin American Citizens
National Council of La Raza
Patricia M. Flahavan (individual)
United Mexican-American Veterans Association
Veterans of Foreign Wars-Department of California
Vietnam Veterans of American-California State Council
Opposition
Committee Opposed to Militarism and the Draft (COMD)
Frederick M. Jahnkow (individual)
Phillip P. Pflager (individual)
The Friends Committee on Legislation of California (FCLCA)
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Analysis Prepared by : Manny Leon / TRANS. / (916) 319-2093