BILL ANALYSIS Ó
SENATE TRANSPORTATION & HOUSING COMMITTEE BILL NO: AB 2201
SENATOR MARK DESAULNIER, CHAIRMAN AUTHOR: chÁvez
VERSION: 4/29/14
Analysis by: Erin Riches FISCAL: yes
Hearing date: June 24, 2014
SUBJECT:
Driver's licenses: Selective Service System
DESCRIPTION:
This bill deems that an individual who is required by federal
law to register for the federal Selective Service System (SSS)
has consented to registration by completing a driver's license
application or renewal.
ANALYSIS:
Existing federal law requires males 18 through 25 years old,
living in the U.S., to register with the SSS. The SSS is an
independent federal agency that registers men for a possible
military draft, which would enable the nation to rapidly expand
its military forces during a period of warfare or other national
emergency.
Existing federal law requires a male to register with the SSS
within 30 days of his 18th birthday, but the SSS will accept
late registration up to age 26. Existing federal law provides
several exemptions, such as lawful non-immigrants on visas,
seasonal agricultural workers (H-2A visa), and individuals with
physical- or mental-health issues. An immigrant who arrives in
the US prior to his 26th birthday must register with the SSS.
An individual may register online or fill out a hard-copy form
at any U.S. Post Office and mail it to the SSS. Failure to
register is a felony subject to a fine of up to $25,000, a
prison term of up to five years, or both.
Existing federal law provides that a male who is required to
register with the SSS must do so in order to be eligible for
Title IV federal student financial aid (e.g., Pell Grants).
Federal law also requires SSS registration as a prerequisite for
most federal jobs.
AB 2201 (CHÁVEZ) Page 2
Existing state law requires all state agencies to cooperate with
the SSS to publicize requirements for SSS registration
compliance. Existing state law requires SSS registration as a
pre-condition for state student financial aid.
This bill :
Deems that an individual who is required to register with the
SSS has consented to registration by submitting an application
for an original or renewal of a driver's license.
Deems that if an individual is under 18, he has, by submitting
a driver's license application, authorized the state
Department of Motor Vehicles (DMV) to transmit to the SSS the
necessary information to register him when he reaches 18.
Requires the DMV to include two notices on the application for
an original or renewal of a driver's license: one indicating
the individual's consent to be registered with the SSS by
signing the application and one indicating that Alternative
Service Program (ASP) information is available on the SSS
website for individuals who object to conventional military
service for religious or other reasons.
Requires DMV to electronically transmit to the SSS the
personal information necessary to register an individual with
the SSS.
Provides that this bill applies to U.S. citizens and
immigrants between 16 and 26 years of age who are applying for
an original or renewal driver's license and who are or will be
required to register with the SSS.
Provides that this bill takes effect on January 1, 2016.
COMMENTS:
1.Purpose . The author states that many young men are unaware
that they must register with the SSS, and, in fact, 42% of
18-year-old males in California have not registered. Young
men who fail to register cannot qualify for educational grants
and loan programs, as well as most law enforcement and federal
jobs. An undocumented male who fails to register by his 26th
birthday is denied citizenship until his 31st birthday. The
author states that by requiring DMV to automatically register
young males through the driver's license application process,
this bill will remove unnecessary obstacles as they strive to
AB 2201 (CHÁVEZ) Page 3
achieve their educational, professional, and personal
aspirations.
2.DMV already provides information to SSS . Existing state law
(SB 557 [Deddeh], Chapter 496, Statutes of 1989) requires all
state agencies to cooperate with the SSS to publicize
requirements for SSS registration compliance. In response to
this legislation, the 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 the SSS. Since that time, DMV has provided the
SSS on a quarterly basis 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. The SSS matches this
information with its registry and notifies any individual who
has not registered of the requirement. Neither DMV nor the
SSS automatically registers an individual with the SSS under
current practice. The committee may wish to consider whether
it is appropriate to place DMV in the role of a federal agency
by requiring DMV to obtain young males' consent to register
for SSS through the driver's license application process. The
committee may also wish to consider the potential delays that
this bill could create at DMV field offices if applicants for
a driver's license object to the accompanying requirement to
register for SSS.
3.How do other states handle SSS registration ? The SSS
indicates that 42 states, three territories, and the District
of Columbia have enacted laws linking a man's eligibility for
state-funded higher education benefits or state jobs, a man's
application for a driver's license or identification card, or
both, with the SSS registration requirement. Unlike this
bill, however, many of these states offer applicants the
option to "opt-in" to registering with the SSS. The committee
may wish to amend this bill to provide an "opt-in" or
"opt-out" rather than automatic consent to SSS registration.
4.What about undocumented males ? Federal law requires males
aged 18-25 years to register for the SSS whether or not they
are documented citizens. An individual must provide a social
security number if he has one, and must have a social security
number in order to register online (but not to register by
paper through a post office). The SSS website states that the
SSS "has not now, or in the past, collected or shared any
information which would indicate a man's immigration status,
AB 2201 (CHÁVEZ) Page 4
either documented or undocumented." Federal law exempts
lawful non-immigrants on visas and seasonal agricultural
workers (H-2A Visa) from the SSS registration requirement.
AB 60 (Alejo) Chapter 524, Statutes of 2013, requires DMV to
issue a driver's license to an individual who is ineligible
for a social security number if the individual can provide
additional documentation, as specified. Pursuant to the
federal REAL ID Act, this driving-privilege only (DP) license
cannot be used for identification purposes, and DMV must
obtain approval on the license design from the U.S. Department
of Homeland Security before it may begin issuing the DP
license. DMV is in the process of implementing this law and
expects to begin issuing DP licenses in January 2015.
Supporters of this bill assert that AB 60 will likely bring a
significant number of Latino males into DMV to obtain a DP
license. Because many of these young men may be unfamiliar
with the SSS registration requirement, this bill would ensure
that they register and are therefore eligible for federal
services such as student financial aid.
5.What about conscientious objectors ? This bill requires the
driver's license application to include a statement indicating
that Alternative Service Program (ASP) information is
available on the SSS website for individuals who object to
conventional military service for religious or other reasons.
ASP work includes conservation, caring for the very young and
very old, educational projects, and health care. An
individual wishing to participate in the ASP must register for
the SSS, then apply for conscientious objector status.
6.Is this bill necessary ? The author states that 42% of
18-year-old males in California have failed to register with
the SSS. According to the SSS's 2013 Report to Congress,
however, 92% of 18- to 25-year-old males nationally, and 83%
in California, have registered with the SSS. This would seem
to indicate that even if California males are not registering
at 18, many are registering by the time they reach 26 years of
age.
7.Opposition . Writing in opposition to this bill, the Friends
Committee on Legislation of California notes that "For reasons
of conscience, whether on the basis of religious beliefs or
strongly held personal convictions, some young men do not want
their personal information sent to the Selective Service. The
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law should not claim otherwise."
Opponents also state that this bill violates the California
Constitution in two ways: by violating the constitutional
right to privacy and by directing DMV resources for a purpose
other than administration and enforcement of vehicle and
traffic laws.
Opponents note that this bill violates AB 60 by requiring DMV
to provide social security numbers and citizenship status
information to the SSS. AB 60 provides that information
collected by DMV for a DP license is not a public record and
prohibits DMV from disclosing it, "except as required by law."
Finally, the Committee Opposed to Militarism and the Draft
notes that "even the federal government itself has not adopted
a system of mandatory automatic SS registration. For example,
when men apply for federal college financial aid, they must
OPT IN on the application form to register with SS."
8.Previous legislation .
SB 251 (Correa) of 2011, which was passed by this
committee but was held on the Senate Appropriations
Committee suspense file, would have deemed that an
individual consents to registration with the SSS upon
applying to the DMV for an original or renewal of a
driver's license, provided he was required to be registered
with the SSS.
AB 1661 (Cook) of 2007, which was held on the Assembly
Appropriations Committee suspense file, would have required
DMV to include a statement on the driver's license or
identification card application that the applicant could
sign to indicate he agreed to register with the SSS.
SB 1276 (Speier) of 2002, which was passed by this
committee but was held on the Senate Appropriations
Committee suspense file, would have required DMV to provide
notice of SSS registration requirements to maleS under 26
years of age applying for a driver's license and would have
provided for SSS registration with the applicant's consent.
AB 2574 (Briggs) of 2000, which was held on the Assembly
AB 2201 (CHÁVEZ) Page 6
Appropriations Committee suspense file, would have required
DMV to notify every male between 18 and 25 years of age who
was applying for a driver's license of the SSS registration
requirement; specified that an applicant, by applying for a
driver's license or identification carD, acknowledged that
he would be registering for the SSS if he had not already
done so; and allowed the applicant to write to the SSS to
have his name removed from the SSS registry.
Assembly Votes:
Floor: 66-4
Appr: 16-0
Trans: 9-3
POSITIONS: (Communicated to the committee before noon on
Wednesday, June 18,
2014.)
SUPPORT: American GI Forum of California
American Legion
AMVETS, Department of California
California Community Colleges Board of Governors
California State University
City of Brea
City of South Pasadena
Honorable John Garamendi, Member of Congress
League of United Latin American Citizens
National Council of La Raza
Reserve Officers Association
United Mexican-American Veterans Association
VFW, Department of California
Vietnam Veterans of America, California State
Council
One individual
OPPOSED: American Friends Service Committee
Committee Opposed to Militarism and the Draft
Friends Committee on Legislation of California
364 individuals