BILL ANALYSIS Ó
AB 2201
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Date of Hearing: May 7, 2014
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Mike Gatto, Chair
AB 2201 (Chavez) - As Amended: April 29, 2014
Policy Committee:
TransportationVote:9-3
Urgency: No State Mandated Local Program:
No Reimbursable:
SUMMARY
This bill requires a person 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)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 DMV to forward to the SSS the necessary
information in order to process SSS registration.
2)Requires DMV to include on the driver's license application a
notice indicating the applicant's consent to register with the
SSS and a notice regarding alternative service information for
those who object to conventional military service.
FISCAL EFFECT
One-time costs to the DMV of $200,000 to $350,000 to revise
forms and for programming, and ongoing costs of around $50,000
to include an insert in the renewal notice, as applicable,
notifying the applicant of the automatic registration
requirement and alternative service information.
The committee has received notice from the Director of the SSS
agreeing to provide reimbursement to DMV of $150,000 to $350,000
AB 2201
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toward the cost of implementing this bill.
COMMENTS
1)Background . Federal law requires all men who are 18 through 25
years of age to register with the SSS for possible military
draft. Males are required to register within 30 days of their
18th birthday. Failure to register is a felony, subject to a
fine of up to $250,000 and/or up to five years imprisonment.
SB 1557 (Deddeh)/Statutes of 1989, required 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." DMV subsequently
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. Four
times each year DMV provides the SSS with the name, address,
birthdate, and driver's license number of men 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 person that has not registered.
In its 2013 report to Congress, the SSS indicated that, for
2012, California had an 83% compliance rate with the SSS
registration requirement versus 92% nationwide. The report
notes that 40 states have enacted laws linking the driver's
license to SSS registration. Some of the larger states, such
as New York and Texas, automatically registering eligible
males when they apply for a driver's license or identification
card, as is called for in this bill.
2)Purpose . According to the author's offer, hundreds of
thousands of California men have lost access to benefits such
as federal college assistance (Pell Grants), state Cal Grants,
and scholarships because they did not register. Documented and
undocumented men not registered with SSS by their 26th
birthday will not qualify for these benefits, and
unfortunately often realize this when it is too late to
register. They are also denied any future employment
opportunity with the Federal Government. The author believes
AB 2201 will greatly increase Californians' compliance with
SSS registration requirement.
3)Opposition . The Committee Opposed to Militarism and the Draft
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(COMD) argues 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."
4)Prior Legislation . Several similar bills have been introduced
since 2000, and all have been held on Suspense either in this
committee or in Senate Appropriations. The most recent effort
was SB 251(Correa) of 2011.
Analysis Prepared by : Chuck Nicol / APPR. / (916) 319-2081