BILL ANALYSIS Ó
Senate Appropriations Committee Fiscal Summary
Senator Kevin de León, Chair
AB 2201 (Chavez) - Driver's licenses: selective service
registration.
Amended: April 29, 2014 Policy Vote: T&H 10-1
Urgency: No Mandate: No
Hearing Date: August 4, 2014
Consultant: Mark McKenzie
This bill meets the criteria for referral to the Suspense File.
Bill Summary: Beginning on January 1, 2016, AB 2201 would
automatically register an applicant for an original or renewal
driver's license with the federal Selective Service System
(SSS), if that person is required to be registered under federal
law.
Fiscal Impact:
One-time Department of Motor Vehicles (DMV) implementation
costs of approximately $237,000 in 2015-16, primarily
related to programming to identify male applicants between
the ages of 16 and 26, and updating forms and renewal
notices. (Motor Vehicle Account)
Ongoing DMV costs of approximately $70,000 annually to
print and add information to renewal by mail notices, and
for minor increases in field office staff time. (Motor
Vehicle Account)
Background: Existing federal law requires all men who are 18
through 25 years of age to register with the Selective Service
System within 30 days of their 18th birthday, and to keep
registration current up to age 26. The SSS is an independent
federal agency whose mission is to register men for a possible
military draft, which enables the nation to expand the military
forces rapidly and efficiently during a period of warfare or
other national emergency. Failure to register is a felony
violation, subject to a fine of up to $250,000 and/or up to five
years of imprisonment. In addition, violators lose eligibility
for federal benefits, including student loans and grants, state
student financial aid, job training, employment opportunities
with federal agencies, and citizenship for immigrants.
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Existing state law requires 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. As a result, DMV entered into a memorandum with
the SSS in 1990 that authorizes the release of personal
information on driver's license holders who are required to
register for selective service. Since that time, DMV has
provided the SSS with certain personal information of men 17 to
25 years of age who apply for an original driver's license or
identification card, including the person's name, address,
birthdate, and driver's license number. The SSS matches this
information with its registry and notifies any person that has
not registered.
Proposed Law: AB 2201 would deem that a person who is required
by federal law to register with the SSS, and completes an
application for an original or renewal of a driver's license on
or after January 1, 2016, has consented to registration with the
SSS. Submission of an application would establish a conclusive
presumption that the person has either registered with the SSS
or authorized DMV to forward information necessary for
registration when the person is required to register. The bill
requires DMV to forward the necessary personal information for
registration to the SSS in an electronic format. The bill would
apply to U.S. citizens and immigrants who are 16 years of age or
older but less than 26 who are or will be required to register
with the SSS.
The bill would also require DMV to include a notice on the
application for an original or renewal driver's license that
indicates the applicant's consent to register with the SSS upon
submittal of the application, and a notice that information on
alternative service is available on the SSS website for those
who object to conventional military service.
Related Legislation: There have been at least five previous
attempts to pass legislation tying the driver's license to
registration with the Selective Service, as follows:
SB 251 (Correa), which was held on the Senate
Appropriations Committee Suspense File in 2011, would have
provided for an "opt-in" on driver's license applications
that allows for consent to register with the SSS.
AB 1661 (Cook), which was held on the Assembly
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Appropriations Committee Suspense File in 2007, would have
provided for an "opt-in" on driver's license applications
that allows for consent to register with the SSS.
SB 1276 (Speier), which was held on the Senate
Appropriations Committee Suspense File in 2002, would have
provided for an "opt-in" on driver's license applications
that allows for consent to register with the SSS.
AB 1572 (Briggs), which was held on the Assembly
Appropriations Committee Suspense File in 2001, would have
provided for automatic registration with the SSS upon
application for a driver's license.
AB 2574 (Briggs), which was held on the Assembly
Appropriations Committee Suspense File in 2000, would have
provided for automatic registration with the SSS upon
application for a driver's license.
Staff Comments: As noted above, DMV expects to incur
approximately $237,000 in one-time costs to implement the
provisions of this bill. The Committee has received written
testimony from the Director of Selective Service, Lawrence Romo,
pledging to cover DMV's implementation costs, up to $350,000,
using his existing budget authority. The author's office
indicates that this could involve transfers of $10,000 to
$20,000 per month from the SSS, if the bill passes in 2014.
Staff notes that there is no mechanism in the bill to facilitate
payment of DMV's costs by the SSS.
Staff notes that DMV is currently engaged in a number of high
priority programming projects, such as those related to
federally mandated improvements to the Commercial Driver's
License system, IT modernization, and implementation of AB 60
(Alejo), Chap. 524/2013. The most recent amendments delay the
operative date of AB 2201 to January 1, 2016, but the bill is
still likely to have an impact on other programming projects.
Unlike many of the previous bills noted above that would have
provided for an "opt-in" on driver's license applications that
allows a person to consent to register with the SSS, this bill
deems an applicant to have consented to registration with the
SSS upon submittal of an application. This mechanism provides
no flexibility for those who may reject registration with the
Selective Service for reasons of conscience or religious
beliefs. As a result, the bill could dissuade some with strong
personal beliefs from getting a driver's license.
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