AB 82: Vehicles: driver’s license: selective service.
- Session Year: 2015-2016
- House: Assembly
- Latest Version Date: 2015-09-08
Existing law establishes the practices and procedures for the issuance of an original or a renewal of a drivers license. The federal Military Selective Service Act requires specified persons to register with the federal Selective Service System.
This bill would permit a person who is required to register under the federal act to consent to registration with the federal Selective Service System by affirming his consent to that registration at a specified location on his application for a drivers license. The bill would require the Department of Motor Vehicles to include specified notices on an application for an original drivers license and would require the department, at least monthly, to forward the necessary personal information required for registration to the federal Selective Service System in an electronic format.
This bill would require the Department of Motor Vehicles to implement the provisions of this bill by a certain date only if federal funding in an amount sufficient to pay for implementation and first-year operating costs has been provided and the federal Selective Service System executes a memorandum of understanding with the department, as specified.
Existing law establishes the practices and procedures for the issuance of an original or a renewal of a drivers license. The federal Military Selective Service Act requires specified persons to register with the federal Selective Service System.
This bill would, except as specified, require a person who is required to be registered under the federal act and who submits an application for an original drivers license to be deemed to have consented to registration with the federal Selective Service System, as provided. would permit a person who is required to register under the federal act to consent to registration with the federal Selective Service System by affirming his consent to that registration at a specified location on his application for a drivers license. The bill would require the Department of Motor Vehicles to include specified notices on an application for an original drivers license and would require the department, at least monthly, to forward the necessary personal information required for registration to the federal Selective Service System in an electronic format.
This bill would require the Department of Motor Vehicles to implement the provisions of this bill by a certain date only if federal funding in an amount sufficient to pay for implementation and first-year operating costs has been provided and the federal Selective Service System executes a memorandum of understanding with the department, as specified.
Existing law establishes the practices and procedures for the issuance of an original or a renewal of a drivers license. The federal Military Selective Service Act requires specified persons to register with the federal Selective Service System.
This bill would, except as specified, require a person who is required to be registered under the federal act and who submits an application for an original drivers license to be deemed to have consented to registration with the federal Selective Service System, as provided. The bill would require the Department of Motor Vehicles to include specified notices on an application for an original drivers license and would require the department, at least monthly, to forward the necessary personal information required for registration to the federal Selective Service System in an electronic format.
This bill would require the Department of Motor Vehicles to implement the provisions of this bill by a certain date only if federal funding in an amount sufficient to pay for implementation and first-year operating costs has been provided and the federal Selective Service System executes a memorandum of understanding with the department that it will not refer the personal information required for registration to the United States Citizenship and Immigration Services. department, as specified.
Existing law establishes the practices and procedures for the issuance of an original or a renewal of a drivers license. The federal Military Selective Service Act requires specified persons to register with the federal Selective Service System.
This bill would, except as specified, require a person who is required to be registered under the federal act and who submits an application for an original drivers license to be deemed to have consented to registration with the federal Selective Service System, as provided. The bill would require the Department of Motor Vehicles to include specified notices on an application for an original drivers license and would require the department, at least monthly, to forward the necessary personal information required for registration to the federal Selective Service System in an electronic format.
This bill would require the Department of Motor Vehicles to implement the provisions of this bill by a certain date only if federal funding in an amount sufficient to pay for implementation and first-year operating costs has been provided and the federal Selective Service System executes a memorandum of understanding with the department that it will not refer the personal information required for registration to the United States Citizenship and Immigration Services.
Existing law establishes the practices and procedures for the issuance of an original or a renewal of a drivers license. The federal Military Selective Service Act requires specified persons to register with the federal Selective Service System.
This bill would, except as specified, require a person who is required to be registered under the federal act and who submits an application for an original drivers license to be deemed to have consented to registration with the federal Selective Service System, as provided. The bill would require the Department of Motor Vehicles to include specified notices on an application for an original drivers license and would require the department, at least monthly, to forward the necessary personal information required for registration to the federal Selective Service System in an electronic format.
This bill would require the Department of Motor Vehicles to implement the provisions of this bill by a certain date only if the first year operating costs do not exceed $350,000, federal funding in an amount sufficient to pay for those implementation and first-year operating costs has been provided, as specified, provided and the federal Selective Service System executes a memorandum of understanding with the department that it will not refer the personal information required for registration to the United States Citizenship and Immigration Services.
Existing law establishes the practices and procedures for the issuance of an original or a renewal of a drivers license. The federal Military Selective Service Act requires specified persons to register with the federal Selective Service System.
This bill would would, except as specified, require a person who is required to be registered under the federal act and who submits an application for an original drivers license to be deemed to have consented to registration with the federal Selective Service System, as provided. The bill would require the Department of Motor Vehicles to include specified notices on an application for an original drivers license and would require the department department, at least monthly, to forward the necessary personal information required for registration to the federal Selective Service System in an electronic format.
This bill would require the Department of Motor Vehicles to implement the provisions of this bill by a certain date only if the first year operating costs do not exceed $350,000, federal funding in an amount sufficient to pay for those costs has been provided, as specified, and the federal Selective Service System executes a memorandum of understanding with the department that it will not refer the personal information required for registration to the United States Citizenship and Immigration Services.
Existing law establishes the practices and procedures for the issuance of an original or a renewal of a drivers license. The federal Military Selective Service Act requires specified persons to register with the federal Selective Service System.
This bill would require a person who is required to be registered under the federal act and who submits an application for an original drivers license to be deemed to have consented to registration with the federal Selective Service System, as provided. The bill would require the Department of Motor Vehicles to include specified notices on an application for an original drivers license and would require the department to forward the necessary personal information required for registration to the federal Selective Service System in an electronic format.
This bill would require the Department of Motor Vehicles to implement the provisions of this bill by a certain date only if the first year operating costs do not exceed $350,000 and $350,000, federal funding in an amount sufficient to pay for those costs has been provided, as specified. specified, and the federal Selective Service System executes a memorandum of understanding with the department that it will not refer the personal information required for registration to the United States Citizenship and Immigration Services.
Existing law establishes the practices and procedures for the issuance of an original or a renewal of a drivers license. The federal Military Selective Service Act requires specified persons to register with the federal Selective Service System.
This bill would require a person who is required to be registered under the federal act and who submits an application for an original drivers license to be deemed to have consented to registration with the federal Selective Service System, as provided. The bill would require the Department of Motor Vehicles to include specified notices on an application for an original drivers license and would require the department to forward the necessary personal information required for registration to the federal Selective Service System in an electronic format.
This bill would require the Department of Motor Vehicles to implement the provisions of this bill by a certain date only if the first year operating costs do not exceed $350,000 and federal funding in an amount sufficient to pay for those costs has been provided, as specified.
The Legislature finds and declares all of the following:
(a)California has one of the lowest Selective Service System registration compliance rates in the nation.
(b)Males who are between 18 and 26 years of age who fail to register with the Selective Service System, as required by federal law, face possible federal penalties and loss of federal benefits, including student financial assistance, federal employment, such as employment with the United States Postal Service, job training under the federal Workforce Investment Act (29 U.S.C. Sec. 2801 et seq.), and citizenship for immigrants.
(c)California law requires selective service registration for state student financial aid, including Cal grants and financial aid for immigrants under the California Dream Act.
(d)The failure of young men to register with the federal Selective Service System has resulted in the lifetime loss of over $100,000,000 in potential benefits over the last three years for young men in California.
(e)Forty states, four territories, and the District of Columbia have enacted legislation related to the issuance of a drivers license in support of the federal Selective Service System registration. Most of these jurisdictions have selected optional registration consistent with the program design in this act.
(f)To promote the fairness and equity of any future draft, to ensure that important benefits associated with the registration requirement are not lost, and to promote compliance with federal law, the drivers license application process should be revised so that every male applicant for an original drivers license who is between 18 and 26 years of age may consent to his registration with the federal Selective Service System, as required by federal law.
SEC. 2.Section 12801.3 is added to the Vehicle Code, to read:12801.3.(a)The department shall require an application for an original drivers license to include, in a place deemed appropriate by the department, all of the following:
(1)The following statement and a line by the statement for the applicants signature:
I am a man between 18 and 26 years of age and I consent to registration with the Selective Service System. I understand that my consent to registration with the Selective Service System is not necessary in order to be granted a drivers license.
(2)A notice indicating the following:
Selective Service System Registration
Males between the ages 18 and 26 are required by federal law to register with the Selective Service System. Failure to register will result in ineligibility for federal and state student loans and grants, federal job training benefits, federal employment, state and local law enforcement employment, and United States citizenship for male immigrants seeking citizenship. Failure to register is also punishable by up to five years imprisonment and a $250,000 fine.
(3)A notice indicating the following:
For applicants who object to conventional military service for religious or other conscientious reasons, alternative service information is available from the federal Selective Service System Internet Web site: http://www.sss.gov/FSaltsvc.htm
(b)Notwithstanding any other law, a person who is required to be registered under the federal Military Selective Service Act (50 U.S.C. App. Sec. 451 et seq.) and who submits an application for an original drivers license with his signature on the line described in paragraph (1) of subdivision (a) is deemed to have consented to registration with the federal Selective Service System and the submission of that application shall establish a conclusive presumption that the person has authorized the department to forward to the federal Selective Service System the necessary information for the federal Selective Service System to register him.
(c)The department shall not forward to the federal Selective Service System the personal information of a person who did not consent to registration, except that the department may provide to the federal Selective Service System personal information that is provided in accordance with a memorandum of understanding between the department and the federal Selective Service System for the purpose of that memorandum of understanding.
(d)The department shall, at least monthly, forward to the federal Selective Service System, in an electronic format, the necessary personal information required for the registration of a person who has consented to registration.
(e)(1)(A)This section shall be implemented by the department only if both of the following conditions are satisfied:
(i)Federal funding in an amount sufficient to pay for all implementation and first year operating costs has been provided.
(ii)The federal Selective Service System executes a memorandum of understanding with the department that includes an agreement that the federal Selective Service System shall not refer any personal information submitted to it by the department to the U.S. Immigration and Customs Enforcement for any purpose.
(B)On or before June 30, 2016, the Director of Motor Vehicles shall do all of the following:
(i)Determine whether the conditions specified in subparagraph (A) are satisfied.
(ii)Execute a declaration stating his or her determination of whether the conditions specified in subparagraph (A) are satisfied. The declaration shall state that it is being made pursuant to this section.
(iii)Retain the declaration and provide a copy within five working days of the execution of the declaration to the fiscal and appropriate policy committees of the Legislature, the Secretary of State, the Secretary of the Senate, the Chief Clerk of the Assembly, the Legislative Counsel, and the federal Selective Service System.
(iv)Post a copy of the declaration on the departments Internet Web site.
(2)Subject to paragraph (1), the department shall implement subdivisions (a) to (d), inclusive, of this section on or before January 31, 2017.
The Legislature finds and declares all of the following:
(a)California has one of the lowest Selective Service System registration compliance rates in the nation.
(b)Males who are between 18 and 26 years of age who fail to register with the Selective Service System, as required by federal law, face possible federal penalties and loss of federal benefits, including student financial assistance, federal employment, such as employment with the United States Postal Service, job training under the federal Workforce Investment Act (29 U.S.C. Sec. 2801 et seq.), and citizenship for immigrants.
(c)California law requires selective service registration for state student financial aid, including Cal grants and financial aid for immigrants under the California Dream Act.
(d)The failure of young men to register with the federal Selective Service System has resulted in the lifetime loss of over $100,000,000 in potential benefits over the last three years for young men in California.
(e)Forty states, four territories, and the District of Columbia have enacted legislation related to the issuance of a drivers license in support of the federal Selective Service System registration. Most of these jurisdictions have selected optional registration consistent with the program design in this act.
(f)To promote the fairness and equity of any future draft, to ensure that important benefits associated with the registration requirement are not lost, and to promote compliance with federal law, the drivers license application process should be revised so that every male applicant for an original drivers license who is between 18 and 26 years of age consents may consent to his registration with the federal Selective Service System, as required by federal law, unless the applicant declines automatic registration in the prescribed method. law.
SEC. 2.Section 12801.3 is added to the Vehicle Code, to read:12801.3.(a)Notwithstanding any other law, a person who is required to be registered under the federal Military Selective Service Act (50 U.S.C. App. Sec. 451 et seq.) and who submits an application for an original drivers license is deemed to have consented to registration with the federal Selective Service System, unless the person complies with subdivision (d).
(b)Unless the person complies with subdivision (d), the submission of an application for an original drivers license by a person specified in subdivision (a) shall establish a conclusive presumption that the person has done either of the following:
(1)Registered with the federal Selective Service System in compliance with the federal Military Selective Service Act.
(2)Authorized the department to forward to the federal Selective Service System the necessary information for the Selective Service System registration when that person is required to register under the federal Military Selective Service Act.
(c)
12801.3.(a)The department shall require an application for an original drivers license to include include, in a place deemed appropriate by the department, all of the following:
(1)A notice indicating the following:
By submitting this application, I am consenting to registration with the Selective Service System, if required by federal law. If I am under 18 years of age, but at least 16 years of age, I understand that I will be registered upon reaching 18 years of age.
(1)The following statement and a line by the statement for the applicants signature:
I am a man between 18 and 26 years of age and I consent to registration with the Selective Service System. I understand that my consent to registration with the Selective Service System is not necessary in order to be granted a drivers license.
(2)A notice indicating the following:
Selective Service System Registration
Males between the ages 18 and 26 are required by federal law to register with the Selective Service System. Failure to register will result in ineligibility for federal and state student loans and grants, federal job training benefits, federal employment, state and local law enforcement employment, and United States citizenship for male immigrants seeking citizenship. Failure to register is also punishable by up to five years imprisonment and a $250,000 fine.
(2)
(3)A notice indicating the following:
For applicants who object to conventional military service for religious or other conscientious reasons, alternative service information is available from the federal Selective Service System Internet Web site: http://www.sss.gov/FSaltsvc.htm
(3)A notice with information regarding registration with the federal Selective Service System, including, but not limited to, the federal criminal penalties and potential loss of benefits for failing to register. The notice shall include the federal Selective Service System Internet Web site address that an applicant may use to decline automatic registration and information relating to the applicants ability to decline automatic registration when applying for his original drivers license.
(d)An applicant may indicate that he does not consent to automatic registration with the Selective Service System by declining automatic registration on the Selective Service System Internet Web site described in paragraph (3) of subdivision (c) within 21 days of submitting his application.
(b)Notwithstanding any other law, a person who is required to be registered under the federal Military Selective Service Act (50 U.S.C. App. Sec. 451 et seq.) and who submits an application for an original drivers license with his signature on the line described in paragraph (1) of subdivision (a) is deemed to have consented to registration with the federal Selective Service System and the submission of that application shall establish a conclusive presumption that the person has authorized the department to forward to the federal Selective Service System the necessary information for the federal Selective Service System to register him.
(c)The department shall not forward to the federal Selective Service System the personal information of a person who did not consent to registration, except that the department may provide to the federal Selective Service System personal information that is provided in accordance with a memorandum of understanding between the department and the federal Selective Service System for the purpose of that memorandum of understanding.
(e)
(d)The department shall, at least monthly, forward to the federal Selective Service System, in an electronic format, the necessary personal information required for the registration of a person specified in subdivision (f). who has consented to registration.
(f)This section applies to United States citizens and immigrants who are 16 years of age or older but less than 26 years of age who are applying for an original drivers license and who are or will be required to register with the Selective Service System in accordance with the Military Selective Service Act.
(g)
(e)(1)(A)This section shall be implemented by the department only if both of the following conditions are satisfied:
(i)Federal funding in an amount sufficient to pay for all implementation and first year operating costs has been provided.
(ii)The federal Selective Service System executes a memorandum of understanding with the department that includes all of the following: an agreement that the federal Selective Service System shall not refer any personal information submitted to it by the department to the U.S. Immigration and Customs Enforcement for any purpose.
(I)The federal Selective Service System will not refer the personal information required for registration to the United States Immigration and Customs Enforcement or the United States Citizenship and Immigration Services.
(II)The federal Selective Service System will not register any person whose personal information has been sent pursuant to subdivision (e) until 21 days have passed since every person whose personal information was included in that monthly transmission submitted his application.
(III)The federal Selective Service System will not register any person who has complied with the provisions of subdivision (d).
(B)On or before June 30, 2016, the Director of Motor Vehicles shall do all of the following:
(i)Determine whether the conditions specified in subparagraph (A) are satisfied.
(ii)Execute a declaration stating his or her determination of whether the conditions specified in subparagraph (A) are satisfied. The declaration shall state that it is being made pursuant to this section.
(iii)Retain the declaration and provide a copy within five working days of the execution of the declaration to the fiscal and appropriate policy committees of the Legislature, the Secretary of State, the Secretary of the Senate, the Chief Clerk of the Assembly, the Legislative Counsel, and the federal Selective Service System.
(iv)Post a copy of the declaration on the departments Internet Web site.
(2)Subject to paragraph (1), the department shall implement subdivisions (a) to (f), (d), inclusive, of this section on or before January 31, 2017.
The Legislature finds and declares all of the following:
(a)California has one of the lowest Selective Service System registration compliance rates in the nation.
(b)Males who are between 18 and 26 years of age who fail to register with the Selective Service System, as required by federal law, face possible federal penalties and loss of federal benefits, including student financial assistance, federal employment, such as employment with the United States Postal Service, job training under the federal Workforce Investment Act (29 U.S.C. Sec. 2801 et seq.), and citizenship for immigrants.
(c)California law requires selective service registration for state student financial aid, including Cal grants and financial aid for immigrants under the California Dream Act.
(d)The failure of young men to register with the Selective Service System has resulted in the lifetime loss of over $100,000,000 in potential benefits over the last three years for young men in California.
(e)Forty states, four territories, and the District of Columbia have enacted legislation related to the issuance of a drivers license in support of the Selective Service System registration.
(f)To promote the fairness and equity of any future draft, to ensure that important benefits associated with the registration requirement are not lost, and to promote compliance with federal law, the drivers license application process should be revised so that every male applicant for an original drivers license who is between 18 and 26 years of age consents to his registration with the Selective Service System, as required by federal law, unless the applicant declines automatic registration in the prescribed method.
SEC. 2.Section 12801.3 is added to the Vehicle Code, to read:12801.3.(a)Notwithstanding any other law, a person who is required to be registered under the federal Military Selective Service Act (50 U.S.C. App. Sec. 451 et seq.) and who submits an application for an original drivers license is deemed to have consented to registration with the federal Selective Service System, unless the person complies with subdivision (d).
(b)Unless the person complies with subdivision (d), the submission of an application for an original drivers license by a person specified in subdivision (a) shall establish a conclusive presumption that the person has done either of the following:
(1)Registered with the federal Selective Service System in compliance with the federal Military Selective Service Act.
(2)Authorized the department to forward to the federal Selective Service System the necessary information for the Selective Service System registration when that person is required to register under the federal Military Selective Service Act.
(c)The department shall require an application for an original drivers license to include all of the following:
(1)A notice indicating the following:
By submitting this application, I am consenting to registration with the Selective Service System, if required by federal law. If I am under 18 years of age, but at least 16 years of age, I understand that I will be registered upon reaching 18 years of age.
(2)A notice indicating the following:
For applicants who object to conventional military service for religious or other conscientious reasons, alternative service information is available from the Selective Service System Internet Web site: http://www.sss.gov/FSaltsvc.htm
(3)A notice with information regarding registration with the federal Selective Service System, including, but not limited to, the federal criminal penalties and potential loss of benefits for failing to register. The notice shall include the federal Selective Service System Internet Web site address that an applicant may use to decline automatic registration and information relating to the applicants ability to decline automatic registration when applying for his original drivers license.
(d)An applicant may indicate that he does not consent to automatic registration with the Selective Service System by declining automatic registration on the Selective Service System Internet Web site described in paragraph (3) of subdivision (c) within 21 days of submitting his application.
(e)The department shall, at least monthly, forward to the federal Selective Service System, in an electronic format, the necessary personal information required for the registration of a person specified in subdivision (f).
(f)This section applies to United States citizens and immigrants who are 16 years of age or older but less than 26 years of age who are applying for an original drivers license and who are or will be required to register with the Selective Service System in accordance with the Military Selective Service Act.
(g)(1)(A)This section shall be implemented by the department only if both of the following conditions are satisfied:
(i)Federal funding in an amount sufficient to pay for all implementation and first year operating costs has been provided.
(ii)The federal Selective Service System executes a memorandum of understanding with the department that it includes all of the following:
(I)The federal Selective Service System will not refer the personal information required for registration to the United States Immigration and Customs Enforcement or the United States Citizenship and Immigration Services.
(II)The federal Selective Service System will not register any person whose personal information has been sent pursuant to subdivision (e) until 21 days have passed since every person whose personal information was included in that monthly transmission submitted his application.
(III)The federal Selective Service System will not register any person who has complied with the provisions of subdivision (d).
(B)On or before June 30, 2016, the Director of Motor Vehicles shall do all of the following:
(i)Determine whether the conditions specified in subparagraph (A) are satisfied.
(ii)Execute a declaration stating his or her determination of whether the conditions specified in subparagraph (A) are satisfied. The declaration shall state that it is being made pursuant to this section.
(iii)Retain the declaration and provide a copy within five working days of the execution of the declaration to the fiscal and appropriate policy committees of the Legislature, the Secretary of State, the Secretary of the Senate, the Chief Clerk of the Assembly, the Legislative Counsel, and the federal Selective Service System.
(iv)Post a copy of the declaration on the departments Internet Web site.
(2)Subject to paragraph (1), the department shall implement subdivisions (a) to (f), inclusive, of this section on or before January 31, 2017.
The Legislature finds and declares all of the following:
(a)California has one of the lowest Selective Service System registration compliance rates in the nation.
(b)Males who are between 18 and 26 years of age who fail to register with the Selective Service System, as required by federal law, face possible federal penalties and loss of federal benefits, including student financial assistance, federal employment, such as employment with the United States Postal Service, job training under the federal Workforce Investment Act (29 U.S.C. Sec. 2801 et seq.), and citizenship for immigrants.
(c)California law requires selective service registration for state student financial aid, including Cal grants and financial aid for immigrants under the California Dream Act.
(d)The failure of young men to register with the Selective Service System has resulted in the lifetime loss of over $100,000,000 in potential benefits over the last three years for young men in California.
(e)Forty states, four territories, and the District of Columbia have enacted legislation related to the issuance of a drivers license in support of the Selective Service System registration.
(f)To promote the fairness and equity of any future draft, to ensure that important benefits associated with the registration requirement are not lost, and to promote compliance with federal law, the drivers license application process should be revised so that every male applicant for an original drivers license who is between 18 and 26 years of age consents to his registration with the Selective Service System, as required by federal law, unless the applicant declines automatic registration in the prescribed method.
SEC. 2.Section 12801.3 is added to the Vehicle Code, to read:12801.3.(a)Notwithstanding any other law, a person who is required to be registered under the federal Military Selective Service Act (50 U.S.C. App. Sec. 451 et seq.) and who submits an application for an original drivers license is deemed to have consented to registration with the federal Selective Service System, unless the person complies with subdivision (d).
(b)Unless the person complies with subdivision (d), the submission of an application for an original drivers license by a person specified in subdivision (a) shall establish a conclusive presumption that the person has done either of the following:
(1)Registered with the federal Selective Service System in compliance with the federal Military Selective Service Act.
(2)Authorized the department to forward to the federal Selective Service System the necessary information for the Selective Service System registration when that person is required to register under the federal Military Selective Service Act.
(c)The department shall require an application for an original drivers license to include all of the following:
(1)A notice indicating the following:
By submitting this application, I am consenting to registration with the Selective Service System, if required by federal law. If I am under 18 years of age, but at least 16 years of age, I understand that I will be registered upon reaching 18 years of age.
(2)A notice indicating the following:
For applicants who object to conventional military service for religious or other conscientious reasons, alternative service information is available from the Selective Service System Internet Web site: http://www.sss.gov/FSaltsvc.htm
(3)A notice with information regarding registration with the federal Selective Service System, including, but not limited to, the federal criminal penalties and potential loss of benefits for failing to register. The notice shall include the federal Selective Service System Internet Web site address that an applicant may use to decline automatic registration and information relating to the applicants ability to decline automatic registration when applying for his original drivers license.
(d)An applicant may indicate that he does not consent to automatic registration with the Selective Service System by declining automatic registration on the Selective Service System Internet Web site described in paragraph (3) of subdivision (c) within 21 days of submitting his application.
(e)The department shall, at least monthly, forward to the federal Selective Service System, in an electronic format, the necessary personal information required for the registration of a person specified in subdivision (a). (f).
(f)This section applies to United States citizens and immigrants who are 16 years of age or older but less than 26 years of age who are applying for an original drivers license and who are or will be required to register with the Selective Service System in accordance with the Military Selective Service Act.
(g)(1)(A)This section shall be implemented by the department only if both of the following conditions are satisfied:
(i)Federal funding in an amount sufficient to pay for all implementation and first year operating costs has been provided.
(ii)The federal Selective Service System executes a memorandum of understanding with the department that it will not refer the personal information required for registration to the United States Citizenship and Immigration Services.
(B)On or before June 30, 2016, the Director of Motor Vehicles shall do all of the following:
(i)Determine whether the conditions specified in subparagraph (A) are satisfied.
(ii)Execute a declaration stating his or her determination of whether the conditions specified in subparagraph (A) are satisfied. The declaration shall state that it is being made pursuant to this section.
(iii)Retain the declaration and provide a copy within five working days of the execution of the declaration to the fiscal and appropriate policy committees of the Legislature, the Secretary of State, the Secretary of the Senate, the Chief Clerk of the Assembly, the Legislative Counsel, and the federal Selective Service System.
(iv)Post a copy of the declaration on the departments Internet Web site.
(2)Subject to paragraph (1), the department shall implement subdivisions (a) to (f), inclusive, of this section on or before January 31, 2017.
The Legislature finds and declares all of the following:
(a)California has one of the lowest Selective Service System registration compliance rates in the nation.
(b)Males who are between 18 and 26 years of age who fail to register with the Selective Service System, as required by federal law, face possible federal penalties and loss of federal benefits, including student financial assistance, federal employment, such as employment with the United States Postal Service, job training under the federal Workforce Investment Act (29 U.S.C. Sec. 2801 et seq.), and citizenship for immigrants.
(c)California law requires selective service registration for state student financial aid, including Cal grants and financial aid for immigrants under the California Dream Act.
(d)The failure of young men to register with the Selective Service System has resulted in the lifetime loss of over $100,000,000 in potential benefits over the last three years for young men in California.
(e)Forty states, four territories, and the District of Columbia have enacted legislation related to the issuance of a drivers license in support of the Selective Service System registration.
(f)To promote the fairness and equity of any future draft, to ensure that important benefits associated with the registration requirement are not lost, and to promote compliance with federal law, the drivers license application process should be revised so that every male applicant for an original drivers license who is between 18 and 26 years of age consents to his registration with the Selective Service System, as required by federal law, unless the applicant declines automatic registration in the prescribed method.
SEC. 2.Section 12801.3 is added to the Vehicle Code, to read:12801.3.(a)Notwithstanding any other law, a person who is required to be registered under the federal Military Selective Service Act (50 U.S.C. App. Sec. 451 et seq.) and who submits an application for an original drivers license is deemed to have consented to registration with the federal Selective Service System, unless the person complies with subdivision (d).
(b)Unless the person complies with subdivision (d), the submission of an application for an original drivers license by a person specified in subdivision (a) shall establish a conclusive presumption that the person has done either of the following:
(1)Registered with the federal Selective Service System in compliance with the federal Military Selective Service Act.
(2)Authorized the department to forward to the federal Selective Service System the necessary information for the Selective Service System registration when that person is required to register under the federal Military Selective Service Act.
(c)The department shall require an application for an original drivers license to include all of the following:
(1)A notice indicating the following:
By submitting this application, I am consenting to registration with the Selective Service System, if required by federal law. If I am under 18 years of age, but at least 16 years of age, I understand that I will be registered upon reaching 18 years of age.
(2)A notice indicating the following:
For applicants who object to conventional military service for religious or other conscientious reasons, alternative service information is available from the Selective Service System Internet Web site: http://www.sss.gov/FSaltsvc.htm
(3)A notice with information regarding registration with the federal Selective Service System, including, but not limited to, the federal criminal penalties and potential loss of benefits for failing to register. The notice shall include the federal Selective Service System Internet Web site address that an applicant may use to decline automatic registration and information relating to the applicants ability to decline automatic registration when applying for his original drivers license.
(d)An applicant may indicate that he does not consent to automatic registration with the Selective Service System by declining automatic registration on the Selective Service System Internet Web site described in paragraph (3) of subdivision (c) within 21 days of submitting his application.
(e)The department shall, at least monthly, forward to the federal Selective Service System, in an electronic format, the necessary personal information required for the registration of a person specified in subdivision (a).
(f)This section applies to United States citizens and immigrants who are 16 years of age or older but less than 26 years of age who are applying for an original drivers license and who are or will be required to register with the Selective Service System in accordance with the Military Selective Service Act.
(g)(1)(A)This section shall be implemented by the department only if all both of the following conditions are satisfied:
(i)The implementation and first year operating costs do not exceed three hundred fifty thousand dollars ($350,000).
(ii)
(i)Federal funding in an amount sufficient to pay for all implementation and first year operating costs has been provided.
(iii)
(ii)The federal Selective Service System executes a memorandum of understanding with the department that it will not refer the personal information required for registration to the United States Citizenship and Immigration Services.
(B)On or before June 30, 2016, the Director of Motor Vehicles shall do all of the following:
(i)Determine whether the conditions specified in subparagraph (A) are satisfied.
(ii)Execute a declaration stating his or her determination of whether the conditions specified in subparagraph (A) are satisfied. The declaration shall state that it is being made pursuant to this section.
(iii)Retain the declaration and provide a copy within five working days of the execution of the declaration to the fiscal and appropriate policy committees of the Legislature, the Secretary of State, the Secretary of the Senate, the Chief Clerk of the Assembly, the Legislative Counsel, and the federal Selective Service System.
(iv)Post a copy of the declaration on the departments Internet Web site.
(2)Subject to paragraph (1), the department shall implement subdivisions (a) to (f), inclusive, of this section on or before January 31, 2017.
The Legislature finds and declares all of the following:
(a)California has one of the lowest Selective Service System registration compliance rates in the nation.
(b)Males who are between 18 and 26 years of age who fail to register with the Selective Service System, as required by federal law, face possible federal penalties and loss of federal benefits, including student financial assistance, federal employment, such as employment with the United States Postal Service, job training under the federal Workforce Investment Act (29 U.S.C. Sec. 2801 et seq.), and citizenship for immigrants.
(c)California law requires selective service registration for state student financial aid, including Cal grants and financial aid for immigrants under the California Dream Act.
(d)The failure of young men to register with the Selective Service System has resulted in the lifetime loss of over $100,000,000 in potential benefits over the last three years for young men in California.
(e)Forty states, four territories, and the District of Columbia have enacted legislation related to the issuance of a drivers license in support of the Selective Service System registration.
(f)To promote the fairness and equity of any future draft, to ensure that important benefits associated with the registration requirement are not lost, and to promote compliance with federal law, the drivers license application process should be revised so that every male applicant for an original drivers license who is between 18 and 26 years of age consents to his registration with the Selective Service System, as required by federal law. law, unless the applicant declines automatic registration in the prescribed method.
SEC. 2.Section 12801.3 is added to the Vehicle Code, to read:12801.3.(a)Notwithstanding any other law, a person who is required to be registered under the federal Military Selective Service Act (50 U.S.C. App. Sec. 451 et seq.) and who submits an application for an original drivers license is deemed to have consented to registration with the federal Selective Service System. System, unless the person complies with subdivision (d).
(b)The Unless the person complies with subdivision (d), the submission of an application for an original drivers license by a person specified in subdivision (a) shall establish a conclusive presumption that the person has done either of the following:
(1)Registered with the federal Selective Service System in compliance with the federal Military Selective Service Act.
(2)Authorized the department to forward to the federal Selective Service System the necessary information for the Selective Service System registration when that person is required to register under the federal Military Selective Service Act.
(c)The department shall require an application for an original drivers license to include a all of the following:
(1)A notice indicating the following:
By submitting this application, I am consenting to registration with the Selective Service System, if required by federal law. If I am under 18 years of age, but at least 16 years of age, I understand that I will be registered upon reaching 18 years of age.
(d)The department shall require an application for an original drivers license to include a
(2)A notice indicating the following:
For applicants who object to conventional military service for religious or other conscientious reasons, alternative service information is available from the Selective Service System Internet Web site: http://www.sss.gov/FSaltsvc.htm
(3)A notice with information regarding registration with the federal Selective Service System, including, but not limited to, the federal criminal penalties and potential loss of benefits for failing to register. The notice shall include the federal Selective Service System Internet Web site address that an applicant may use to decline automatic registration and information relating to the applicants ability to decline automatic registration when applying for his original drivers license.
(d)An applicant may indicate that he does not consent to automatic registration with the Selective Service System by declining automatic registration on the Selective Service System Internet Web site described in paragraph (3) of subdivision (c) within 21 days of submitting his application.
(e)The department shall shall, at least monthly, forward to the federal Selective Service System, in an electronic format, the necessary personal information required for the registration of a person specified in subdivision (a).
(f)This section applies to United States citizens and immigrants who are 16 years of age or older but less than 26 years of age who are applying for an original drivers license and who are or will be required to register with the Selective Service System in accordance with the Military Selective Service Act.
(g)(1)(A)This section shall be implemented by the department only if all of the following conditions are satisfied:
(i)The implementation and first year operating costs do not exceed three hundred fifty thousand dollars ($350,000).
(ii)Federal funding in an amount sufficient to pay for all implementation and first year operating costs has been provided.
(iii)The federal Selective Service System executes a memorandum of understanding with the department that it will not refer the personal information required for registration to the United States Citizenship and Immigration Services.
(B)On or before June 30, 2016, the Director of Motor Vehicles shall do all of the following:
(i)Determine whether the conditions specified in subparagraph (A) are satisfied.
(ii)Execute a declaration stating his or her determination of whether the conditions specified in subparagraph (A) are satisfied. The declaration shall state that it is being made pursuant to this section.
(iii)Retain the declaration and provide a copy within five working days of the execution of the declaration to the fiscal and appropriate policy committees of the Legislature, the Secretary of State, the Secretary of the Senate, the Chief Clerk of the Assembly, the Legislative Counsel, and the federal Selective Service System.
(iv)Post a copy of the declaration on the departments Internet Web site.
(2)Subject to paragraph (1), the department shall implement subdivisions (a) to (f), inclusive, of this section on or before January 31, 2017.
The Legislature finds and declares all of the following:
(a)California has one of the lowest Selective Service System registration compliance rates in the nation.
(b)Males who are between 18 and 26 years of age who fail to register with the Selective Service System, as required by federal law, face possible federal penalties and loss of federal benefits, including student financial assistance, federal employment, such as employment with the United States Postal Service, job training under the federal Workforce Investment Act (29 U.S.C. Sec. 2801 et seq.), and citizenship for immigrants.
(c)California law requires selective service registration for state student financial aid, including Cal grants and financial aid for immigrants under the California Dream Act.
(d)The failure of young men to register with the Selective Service System has resulted in the lifetime loss of over $100,000,000 in potential benefits over the last three years for young men in California.
(e)Forty states, four territories, and the District of Columbia have enacted legislation related to the issuance of a drivers license in support of the Selective Service System registration.
(f)To promote the fairness and equity of any future draft, to ensure that important benefits associated with the registration requirement are not lost, and to promote compliance with federal law, the drivers license application process should be revised so that every male applicant for an original drivers license who is between 18 and 26 years of age consents to his registration with the Selective Service System, as required by federal law.
SEC. 2.Section 12801.3 is added to the Vehicle Code, to read:12801.3.(a)Notwithstanding any other law, a person who is required to be registered under the federal Military Selective Service Act (50 U.S.C. App. Sec. 451 et seq.) and who submits an application for an original drivers license is deemed to have consented to registration with the federal Selective Service System.
(b)The submission of an application for an original drivers license by a person specified in subdivision (a) shall establish a conclusive presumption that the person has done either of the following:
(1)Registered with the federal Selective Service System in compliance with the federal Military Selective Service Act.
(2)Authorized the department to forward to the federal Selective Service System the necessary information for the Selective Service System registration when that person is required to register under the federal Military Selective Service Act.
(c)The department shall require an application for an original drivers license to include a notice indicating the following:
By submitting this application, I am consenting to registration with the Selective Service System, if required by federal law. If I am under 18 years of age, but at least 16 years of age, I understand that I will be registered upon reaching 18 years of age.
(d)The department shall require an application for an original drivers license to include a notice indicating the following:
For applicants who object to conventional military service for religious or other conscientious reasons, alternative service information is available from the Selective Service System Internet Web site: http://www.sss.gov/FSaltsvc.htm
(e)The department shall forward to the federal Selective Service System, in an electronic format, the necessary personal information required for the registration of a person specified in subdivision (a).
(f)This section applies to United States citizens and immigrants who are 16 years of age or older but less than 26 years of age who are applying for an original drivers license and who are or will be required to register with the Selective Service System in accordance with the Military Selective Service Act.
(g)(1)(A)This section shall be implemented by the department only if both all of the following conditions are satisfied:
(i)The implementation and first year operating costs do not exceed three hundred fifty thousand dollars ($350,000).
(ii)Federal funding in an amount sufficient to pay for all implementation and first year operating costs has been provided.
(iii)The federal Selective Service System executes a memorandum of understanding with the department that it will not refer the personal information required for registration to the United States Citizenship and Immigration Services.
(B)On or before June 30, 2016, the Director of Motor Vehicles shall do all of the following:
(i)Determine whether the conditions specified in subparagraph (A) are satisfied.
(ii)Execute a declaration stating his or her determination of whether the conditions specified in subparagraph (A) are satisfied. The declaration shall state that it is being made pursuant to this section.
(iii)Retain the declaration and provide a copy within five working days of the execution of the declaration to the fiscal and appropriate policy committees of the Legislature, the Secretary of State, the Secretary of the Senate, the Chief Clerk of the Assembly, the Legislative Counsel, and the federal Selective Service System.
(iv)Post a copy of the declaration on the departments Internet Web site.
(2)Subject to paragraph (1), the department shall implement subdivisions (a) to (f), inclusive, of this section on or before January 31, 2017.
The Legislature finds and declares all of the following:
(a)California has one of the lowest Selective Service System registration compliance rates in the nation.
(b)Males who are between 18 and 26 years of age who fail to register with the Selective Service System, as required by federal law, face possible federal penalties and loss of federal benefits, including student financial assistance, federal employment, such as employment with the United States Postal Service, job training under the federal Workforce Investment Act (29 U.S.C. Sec. 2801 et seq.), and citizenship for immigrants.
(c)California law requires selective service registration for state student financial aid, including Cal grants and financial aid for immigrants under the California Dream Act.
(d)The failure of young men to register with the Selective Service System has resulted in the lifetime loss of over $100,000,000 in potential benefits over the last three years for young men in California.
(e)Forty states, four territories, and the District of Columbia have enacted legislation related to the issuance of a drivers license in support of the Selective Service System registration.
(f)To promote the fairness and equity of any future draft, to ensure that important benefits associated with the registration requirement are not lost, and to promote compliance with federal law, the drivers license application process should be revised so that every male applicant for an original drivers license who is between 18 and 26 years of age consents to his registration with the Selective Service System, as required by federal law.
SEC. 2.Section 12801.3 is added to the Vehicle Code, to read:12801.3.(a)Notwithstanding any other law, a person who is required to be registered under the federal Military Selective Service Act (50 U.S.C. App. Sec. 451 et seq.) and who submits an application for an original drivers license is deemed to have consented to registration with the federal Selective Service System.
(b)The submission of an application for an original drivers license by a person specified in subdivision (a) shall establish a conclusive presumption that the person has done either of the following:
(1)Registered with the federal Selective Service System in compliance with the federal Military Selective Service Act.
(2)Authorized the department to forward to the federal Selective Service System the necessary information for the Selective Service System registration when that person is required to register under the federal Military Selective Service Act.
(c)The department shall require an application for an original drivers license to include a notice indicating the following:
By submitting this application, I am consenting to registration with the Selective Service System, if required by federal law. If I am under 18 years of age, but at least 16 years of age, I understand that I will be registered upon reaching 18 years of age.
(d)The department shall require an application for an original drivers license to include a notice indicating the following:
For applicants who object to conventional military service for religious or other conscientious reasons, alternative service information is available from the Selective Service System Internet Web site: http://www.sss.gov/FSaltsvc.htm
(e)The department shall forward to the federal Selective Service System, in an electronic format, the necessary personal information required for the registration of a person specified in subdivision (a).
(f)This section applies to United States citizens and immigrants who are 16 years of age or older but less than 26 years of age who are applying for an original drivers license and who are or will be required to register with the Selective Service System in accordance with the Military Selective Service Act.
(g)(1)(A)This section shall be implemented by the department only if both of the following conditions are satisfied:
(i)The implementation and first year operating costs do not exceed three hundred fifty thousand dollars ($350,000).
(ii)Federal funding in an amount sufficient to pay for all implementation and first year operating costs has been provided.
(B)On or before June 30, 2016, the Director of Motor Vehicles shall do all of the following:
(i)Determine whether the conditions specified in subparagraph (A) are satisfied.
(ii)Execute a declaration stating his or her determination of whether the conditions specified in subparagraph (A) are satisfied. The declaration shall state that it is being made pursuant to this section.
(iii)Retain the declaration and provide a copy within five working days of the execution of the declaration to the fiscal and appropriate policy committees of the Legislature, the Secretary of State, the Secretary of the Senate, the Chief Clerk of the Assembly, the Legislative Counsel, and the federal Selective Service System.
(iv)Post a copy of the declaration on the departments Internet Web site.
(2)Subject to paragraph (1), the department shall implement subdivisions (a) to (f), inclusive, of this section on or before January 31, 2017.
|
Date
|
Status
|
|---|---|
| Sep 2, 2015 | Read third time. Passed. Ordered to the Assembly. |
| Jun 16, 2015 | In committee: Set, first hearing. Hearing canceled at the request of author. |
| Jun 23, 2015 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on T. & H. |
| Jul 1, 2015 | From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 9. Noes 0.) (June 30). |
| Jul 2, 2015 | Read second time and amended. Re-referred to Com. on APPR. |
| Aug 17, 2015 | In committee: Referred to APPR. suspense file. |
| Aug 31, 2015 | From committee: Amend, and do pass as amended. (Ayes 7. Noes 0.) (August 27). |
| Sep 1, 2015 | Read second time and amended. Ordered to third reading. |
| Sep 2, 2015 | In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 4 pursuant to Assembly Rule 77. |
| Jun 11, 2015 | Referred to Com. on T. & H. |
| Sep 2, 2015 | Read third time. Passed. Ordered to the Assembly. (Ayes 40. Noes 0. Page 2413.). |
| Sep 3, 2015 | Assembly Rule 77 suspended. |
| Sep 3, 2015 | Assembly Rule 77 suspended. (Page 2859.) |
| Sep 3, 2015 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 79. Noes 0. Page 2860.). |
| Sep 3, 2015 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 79. Noes 0.). |
| Sep 15, 2015 | Enrolled and presented to the Governor at 4 p.m. |
| Oct 9, 2015 | Vetoed by Governor. |
| Jan 15, 2016 | Consideration of Governor's veto stricken from file. |
| May 20, 2015 | In committee: Set, first hearing. Referred to suspense file. |
| Jan 7, 2015 | From printer. May be heard in committee February 6. |
| Jan 26, 2015 | Referred to Com. on TRANS. |
| Apr 6, 2015 | In committee: Hearing postponed by committee. |
| Apr 20, 2015 | From committee chair, with author's amendments: Amend, and re-refer to Com. on TRANS. Read second time and amended. |
| Apr 21, 2015 | Re-referred to Com. on TRANS. |
| Apr 28, 2015 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 15. Noes 1.) (April 27). Re-referred to Com. on APPR. |
| May 13, 2015 | From committee chair, with author's amendments: Amend, and re-refer to Com. on APPR. Read second time and amended. |
| May 14, 2015 | Re-referred to Com. on APPR. |
| Jan 6, 2015 | Read first time. To print. |
| May 20, 2015 | In committee: Set, first hearing. Referred to APPR. suspense file. |
| May 28, 2015 | From committee: Amend, and do pass as amended. (Ayes 17. Noes 0.) (May 28). |
| May 28, 2015 | Read second time and amended. Ordered returned to second reading. |
| Jun 1, 2015 | Read second time. Ordered to third reading. |
| Jun 2, 2015 | In Senate. Read first time. To Com. on RLS. for assignment. |
| Jun 2, 2015 | Read third time. Passed. Ordered to the Senate. |
| Jun 2, 2015 | Read third time. Passed. Ordered to the Senate. (Ayes 73. Noes 2. Page 1793.) |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Sep 3, 2015 | AB 82 GARCIA, C. Concurrence in Senate Amendments | Assembly Floor |
Passed |
|
| Sep 2, 2015 | Assembly 3rd Reading AB82 Cristina Garcia By Hall | Senate Floor |
Passed |
|
| Aug 27, 2015 | Do pass as amended | Senate Standing Committee on Appropriations |
Passed |
|
| Aug 17, 2015 | Placed on suspense file | Senate Standing Committee on Appropriations |
Passed |
|
| Jun 30, 2015 | Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations] | Senate Standing Committee on Transportation and Housing |
Passed |
|
| Jun 2, 2015 | AB 82 GARCIA, C. Assembly Third Reading | Assembly Floor |
Passed |
|
| May 28, 2015 | Do pass as amended. | Assembly Standing Committee on Appropriations |
Passed |
|
| Apr 27, 2015 | Do pass and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Transportation |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| 39 private citizens | ** Support | Apr 27, 2015 |
| American Civil Liberties Union of California | ** Against | Sep 2, 2015 |
| American Friends Service Committee | ** Against | Sep 2, 2015 |
| American G.I. Forum | ** Support | Apr 27, 2015 |
| American GI Forum of California | ** Support | Sep 2, 2015 |
| American Legion - Department of California | ** Support | Sep 2, 2015 |
| American soldier | * Support | Apr 27, 2015 |
| AMVETS - Department of California | ** Support | Sep 2, 2015 |
| Asian Americans Advancing Justice - Los Angeles | ** Against | Apr 27, 2015 |
| Asian Pacific American advocates | ** Support | Sep 2, 2015 |
| Asian Pacific American Institute for Congressional Studies | ** Support | Sep 2, 2015 |
| Automobile Club of Southern California | ** Against | Sep 2, 2015 |
| California Community Colleges Chancellors Office, | ** Support | Sep 2, 2015 |
| California Immigrant Policy Center | ** Against | Sep 2, 2015 |
| California Immigrant Youth Justice Alliance | ** Against | Apr 27, 2015 |
| California State University | ** Support | Sep 2, 2015 |
| Cathedral City Mayor Pro Tem Greg Pettis | ** Support | Sep 2, 2015 |
| Chinese American Council of Sacramento | * Indeterminate | Jun 30, 2015 |
| Committee Opposed to Militarism and the Draft | ** Against | Sep 2, 2015 |
| Communities United for Restorative Youth Justice | ** Against | Apr 27, 2015 |
| Department Of Finance | ** Against | Sep 2, 2015 |
| Friends Committee On Legislation Of California | ** Against | Sep 2, 2015 |
| Honorable John Garamendi, Member of Congress | ** Support | Sep 2, 2015 |
| League of United American Citizens | ** Support | Apr 27, 2015 |
| League of United Latin America Citizens | * Support | Apr 27, 2015 |
| League of United Latin American Citizens | ** Support | Sep 2, 2015 |
| National Association of Latino Elected and Appointed Officials | ** Support | Apr 27, 2015 |
| National Congress of American Indians | ** Support | Sep 2, 2015 |
| Obama Administration | * Indeterminate | Jun 30, 2015 |
| Operations of US Selective Services | * Support | Apr 27, 2015 |
| Peace and Freedom Party of California | ** Against | Sep 2, 2015 |
| Porterville Unified School District | ** Support | Sep 2, 2015 |
| Santa Ana, City Of | ** Support | Sep 2, 2015 |
| Southwest Voter Registration Education Project | ** Support | Sep 2, 2015 |
| The Honorable John Garamendi, Congressman | ** Support | Apr 27, 2015 |
| U.S. India Foundation | ** Support | Sep 2, 2015 |
| United Mexican-American Veterans Association | ** Support | Sep 2, 2015 |
| Veterans for Peace | * Against | Apr 27, 2015 |
| Veterans of Foreign Wars - Department of California | ** Support | Sep 2, 2015 |
| Vietnam Veterans of America - California Council | ** Support | Sep 2, 2015 |
| Vietnam Veterans of American - California State Council | ** Support | Apr 27, 2015 |
GOVERNOR'S VETO
AB 82
(Cristina Garcia)
As Enrolled September 8, 2015
2/3 vote
ASSEMBLY: |
73-2 |
(June 2, 2015) |
SENATE: |
40-0 |
(September 2, 2015) |
ASSEMBLY: |
79-0 |
(September 3, 2015) |
|
|
|
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:
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.
Require a driver's license application to also include several notifications specifically related to SSS federal requirements and options for conscientious objectors.
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:
Made legislative findings and declarations regarding registration with the SSS.
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.
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:
Registered with the SSS; or,
Authorized the DMV to forward to the SSS the necessary information in order to process SSS registration.
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.
Required DMV, on a monthly basis, to provide SSS with the necessary personal information required for an applicant to register with SSS.
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.
Provided that DMV implementation of SSS registration will only take effect if:
Federal funding is provided to sufficiently cover first year operating expenditures; and,
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.
Specified that by June 30, 2016, the Director of DMV is required to:
Determine if sufficient federal funding is provided to offset first year operating expenditures;
Execute a declaration that sufficient federal funding is provided;
Submit the declaration to several state entities, as specified; and,
Post the declaration on DMV's Internet Web page.
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:
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)
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 (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.
Please see the policy committee analysis for a full discussion of this bill.
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
AB 82
Page 3
CONCURRENCE IN SENATE AMENDMENTS
AB 82
(Cristina Garcia)
As Amended September 1, 2015
Majority vote
ASSEMBLY: |
73-2 |
(June 2, 2015) |
SENATE: |
40-0 |
(September 2, 2015) |
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:
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.
Require a driver's license application to also include several notifications specifically related to SSS federal requirements and options for conscientious objectors.
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:
Made legislative findings and declarations regarding registration with the SSS.
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.
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:
Registered with the SSS; or,
Authorized the DMV to forward to the SSS the necessary information in order to process SSS registration.
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.
Required DMV, on a monthly basis, to provide SSS with the necessary personal information required for an applicant to register with SSS.
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.
Provided that DMV implementation of SSS registration will only take effect if:
Federal funding is provided to sufficiently cover first year operating expenditures; and,
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.
Specified that by June 30, 2016, the Director of DMV is required to:
Determine if sufficient federal funding is provided to offset first year operating expenditures;
Execute a declaration that sufficient federal funding is provided;
Submit the declaration to several state entities, as specified; and,
Post the declaration on DMV's Internet Web page.
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:
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)
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 (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.
Please see the policy committee analysis for a full discussion of this bill.
Analysis Prepared by: Manny Leon / TRANS. / (916) 319-2093 FN: 0001958
AB 82 (Cristina Garcia) Page 2 of 2
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
AB 82 (Cristina Garcia) - Vehicles: driver’s license: selective service.
|
|
Version: September 1, 2015 |
Policy Vote: T. & H. 9 - 0 |
Urgency: No |
Mandate: No |
Hearing Date: August 27, 2015 |
Consultant: Mark McKenzie |
*********** ANALYSIS ADDENDUM – SUSPENSE FILE ***********
The following information is revised to reflect amendments
adopted by the committee on August 27, 2015
Bill Summary:
AB 82 would require the Department of Motor Vehicles (DMV) to revise the application for an original driver’s license to include a statement that allows an applicant to register with the federal Selective Service System (SSS), and specified disclosures related to registration with the SSS. The bill would be implemented on or before January 31, 2017 only if federal funding is provided to pay for all implementation and first year operating costs and the DMV enters into a specified memorandum of understanding with the SSS.
Fiscal Impact:
One-time DMV implementation costs, likely exceeding $550,000 in 2015-16 and 2016-17, primarily related to programming to identify male applicants between the ages of 16 and 26 and affirmative responses, 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)
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.
Committee Amendments:
Delete provisions providing for automatic registration with the SSS for driver’s license applicants who are required to be registered under federal law, and associated provisions providing for an “opt-out” mechanism.
Delete the requirement to include specified notices on the driver’s license application regarding consent to automatic registration with the SSS by submitting a driver’s license application, and information on how an applicant can opt-out of registration.
Require the application for an original driver’s license to include a specified statement and place for a signature to allow an applicant to affirmatively consent to registration with the SSS, as well as a notice indicating the penalties for failure to register with the SSS.
Specify that the submission of an application with an affirmative signature for registration would establish a conclusive presumption that the person has authorized DMV to forward information to the SSS that is necessary for registration.
Prohibit DMV from forwarding personal information to the SSS of a person who did not consent to registration, except as provided in an existing memorandum of understanding between DMV and the SSS.
Make other conforming changes.
-- END --
AB 82
Page 8
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Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 |
THIRD READING
Bill No: AB 82
Author: Cristina Garcia (D), et al.
Amended: 9/1/15 in Senate
SENATE TRANS. & HOUSING COMMITTEE: 9-0, 6/30/15
AYES: Beall, Cannella, Bates, Gaines, Galgiani, Leyva, McGuire, Mendoza, Roth
NO VOTE RECORDED: Allen, Wieckowski
SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/27/15
AYES: Lara, Bates, Beall, Hill, Leyva, Mendoza, Nielsen
ASSEMBLY FLOOR: 73-2, 6/2/15 - See last page for vote
SUBJECT: Vehicles: driver’s license: selective service
DIGEST: This bill requires the Department of Motor Vehicles (DMV) to include in the driver’s license application an option for an eligible individual to register for the federal Selective Service System (SSS).
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.
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. 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 individual may register online or fill out a hardcopy 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.
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, and in order to remain eligible for citizenship.
Existing state law:
Requires all state agencies to cooperate with the SSS to publicize requirements for SSS registration compliance.
Requires SSS registration as a pre-condition for state student financial aid.
This bill:
Requires DMV to include on the driver’s license application the following statement:
“I am a man between 18 and 26 years of age and I consent to registration with the Selective Service System. I understand that my consent to registration with the Selective Service System is not necessary in order to be granted a driver’s license.”
Requires DMV to include a specified notice on the driver’s license application explaining the requirements of federal law relating to SSS.
Requires DMV to include on the driver’s license application a notice indicating that applicants objecting to conventional military service for religious or other conscientious reasons may go to the SSS website for information on the Alternative Service Program.
Deems that an individual who is required to register with the SSS has consented to SSS registration by submitting an application for an original driver’s license with his signature on the statement described in No. 1.
Prohibits DMV from forwarding to SSS the personal information of an individual who did not consent to registration.
Requires DMV to, at least monthly, forward to SSS in an electronic format the necessary personal information of an individual who has consented to registration.
Requires the DMV to implement this bill if:
Federal funding in an amount sufficient to pay for all implementation and first-year operating costs has been provided; and
The SSS executes a memorandum of understanding with DMV that includes an agreement that SSS will not refer any personal information submitted to it by DMV to the U.S. Citizenship and Immigration Services for any purpose.
Requires DMV to determine and execute a statement, by June 30, 2016, of whether the requirements outlined in No. 7 have been met and to provide copies of the statement to the Legislature and SSS.
Requires DMV to implement this bill, subject to the requirement outlined in No. 6 being met, by January 31, 2017.
Comments
Purpose. The author states that California has the largest number of SSS non-registrants in the country, representing 21% of non-registrants in the U.S. There are currently almost one million California men, 26 and older, who have failed to register. California institutions lose tens of millions of dollars each year because non-registrants do not qualify for, nor use, federal funds. Minorities and those most at risk often lose these benefits. The SSS receives tens of thousands of requests each year from men seeking help to gain back lost benefits. Forty other states and five U.S. territories have passed laws tying SSS registration to the driver’s license application; the process is quick, easy, and efficient, and helps a young man comply with federal law. Such laws have had a significant impact on raising SSS registration rates in each state that has passed such a law. The author states that this bill ensures that men aged 18 to 26 do not fall through the cracks by making sure they fulfill their civic duty by signing up for the SSS, making this a one-stop shop to receive multiple federal benefits.
Is this bill necessary? The SSS Fiscal Year 2014 annual report to Congress notes that approximately 87% of the nation’s high schools participate in the SSS high school registrar program, and the SSS also has many outreach programs. For calendar year 2013, the SSS compliance rate was 72% for 18-year-olds; 89% for 19-year-olds; and 97% for 20- to 25-year-olds. This would seem to indicate that even if males are not registering at 18, nearly all are registering by the time they reach 26 years of age. In addition, young men eligible for California state financial aid have the opportunity to register with the SSS on their financial aid applications.
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. DMV entered into a memorandum of understanding with the SSS in 1990 and since then has provided a quarterly file to the SSS of personal information of men aged 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 individual who has not registered of the requirement. This bill expands DMV’s responsibilities by requiring DMV to carry out additional procedures to register eligible applicants, such as modifying the driver’s license application and administering additional staff training.
Opting-in. The prior version of this bill provided for automatic SSS registration of any eligible individual who submitted an application for an original driver’s license, unless the applicant opted out by going to the SSS website within 21 days of submitting his application. While most states have enacted laws linking a man’s application for a driver’s license or identification car with the SSS registration requirement, many of these states offer applicants the option to “opt-in” to registering with the SSS. Non-driving-related provisions currently included in the California driver’s license application, such as organ donation and voter registration, are opt-in (e.g., “Do you wish to be an organ or tissue donor?”). In keeping with the current driver’s license application, this bill was amended in the Senate Appropriations Committee to allow applicants to opt-in to SSS registration rather than being automatically registered.
What about undocumented males? Federal law requires males aged 18 to 26 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 it “has not now, or in the past, collected or shared any information which would indicate a man’s immigration status, either documented or undocumented.” This bill makes implementation contingent upon a memorandum of understanding between DMV and the SSS that the SSS will not refer the personal information required for registration to U.S. Citizenship and Immigration Services. Writing in opposition to the prior version of this bill, the California Immigrant Policy Center stated that the privacy disclosure statement on the SSS website states that the SSS has the right to furnish information about individuals to nearly a dozen federal agencies, as well as the general public.
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.
What happens to those who do not register for the SSS? Under current federal law, if a man fails to register for the SSS or provide evidence that he is exempt from the requirement after receiving a reminder and/or compliance mailing, the SSS refers his name to the U.S. Department of Justice (DOJ) for possible investigation and prosecution, pursuant to the federal Military Selective Service Act. The SSS generally refers about 150,000 names per year to DOJ. 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.
Appropriate use of DMV funds? This bill makes implementation contingent upon the SSS providing funds to cover implementation and first-year operating costs. Ongoing costs, however, would likely fall on DMV. DMV indicates that Motor Vehicle Account funds cannot be used to support ongoing activities related to SSS registration of driver’s license applicants. To avoid legal challenges, it would appear that DMV’s ongoing costs related to this bill would have to be borne by the General Fund.
Prior Legislation
AB 2201 (Chávez, 2014) 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 that the individual was required to be registered with the SSS. AB 2201 passed out of the Senate Transportation and Housing Committee on a 10-1 vote, but was held on the Senate Appropriations Committee suspense file.
SB 251 (Correa, 2011) 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 that the individual was required to be registered with the SSS. SB 251 passed out of the Senate Transportation and Housing Committee on a 7-2 vote, but was held on the Senate Appropriations Committee suspense file.
AB 1661 (Cook, 2007) 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. AB 1661 was held on the Assembly Appropriations Committee suspense file.
SB 1276 (Speier, 2002) 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. SB 1276 passed out of the Senate Transportation and Housing Committee on an 8-1 vote, but was held on the Senate Appropriations Committee suspense file.
AB 2574 (Briggs, 2000) 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 requirements; 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. AB 1574 was held on the Assembly Appropriations Committee suspense file.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No
According to the Senate Appropriations Committee:
One-time DMV implementation costs, likely exceeding $550,000 in 2015-16 and 2016-17, primarily related to programming to identify male applicants between the ages of 16 and 26, keying in affirmative responses, 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)
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.
American GI Forum of California
American Legion — Department of California
AMVETS — Department of California
Asian Pacific American Advocates
Asian Pacific American Institute for Congressional Studies
California Community Colleges Chancellor’s Office
California State University
Cathedral City Mayor Pro Tem Greg Pettis
City of Santa Ana
Honorable John Garamendi, Member of Congress
League of United Latin American Citizens
National Association of Latino Elected and Appointed Officials Education Fund
National Congress of American Indians
Porterville Unified School District
Southwest Voter Registration Education Project
United Mexican-American Veterans Association
U.S. India Foundation
Veterans of Foreign Wars — Department of California
Vietnam Veterans of America — California Council
Two individuals
American Civil Liberties Union of California
American Friends Service Committee
Automobile Club of Southern California
California Immigrant Policy Center
Committee Opposed to Militarism and the Draft
Department of Finance
Friends Committee on Legislation of California
Peace and Freedom Party of California
ASSEMBLY FLOOR: 73-2, 6/2/15
AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom, Bonilla, Brough, Brown, Calderon, Campos, Chang, Chau, Chiu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Atkins
NOES: Levine, Mark Stone
NO VOTE RECORDED: Bonta, Burke, Chávez, Chu, Grove
Prepared by: Erin Riches / T. & H. / (916) 651-4121
9/1/15 21:19:32
**** END ****
AB 82 (Cristina Garcia) Page 3 of 3
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
AB 82 (Cristina Garcia) - Vehicles: driver’s license: selective service
|
|
Version: July 2, 2015 |
Policy Vote: T. & H. 9 - 0 |
Urgency: No |
Mandate: No |
Hearing Date: August 17, 2015 |
Consultant: Mark McKenzie |
This bill meets the criteria for referral to the Suspense File.
Bill Summary:
AB 82 would automatically register an applicant for an original driver’s license with the federal Selective Service System (SSS), if that person is required to be registered under federal law, unless the applicant subsequently opts out of registering, as specified. The bill would be implemented on or before January 31, 2017 only if federal funding is provided to pay for all implementation and first year operating costs and the Department of Motor Vehicles (DMV) enters into a specified memorandum of understanding with the SSS.
Fiscal Impact:
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)
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.
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.
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 of understanding 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.
Existing law, Article XIX, Section 3 of the California Constitution, requires revenues from fees and taxes imposed by the state upon vehicles or their use or operation to be used for specified transportation-related infrastructure and the state administration and enforcement of laws regulating the use, operation, or registration of vehicles used on public roadways, including the enforcement of traffic and vehicle laws my state agencies and the mitigation of vehicles’ environmental impacts.
Proposed Law:
AB 82 would establish procedures for automatically registering specified applicants for an original driver’s license with the SSS. The bill would be implemented on or before January 31, 2017 only if specified conditions are satisfied. Specifically, once those conditions are satisfied, this bill would:
Deem that a person who is required by federal law to register with the SSS, and submits an application for an original driver’s license has consented to registration with the SSS, unless the applicant has declined automatic registration on the SSS website within 21 days of submitting an application.
Establish a conclusive presumption, upon submission of an application, 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.
Require DMV to include three prescribed notices on the application for an original driver’s license that indicate the following:
The applicant’s consent to register with the SSS upon submittal of the application.
That information on alternative service is available on the SSS website for those who object to conventional military service.
Specified information regarding SSS registration, including federal criminal penalties and potential loss of benefits for failing to register, and the SSS website that an applicant can use to opt-out of registration within 21 days of submitting an application.
Require DMV to forward the necessary personal information for registration to the SSS at least monthly in an electronic format.
Specify that the bill applies 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.
AB 82 would only be implemented if federal funding in an amount sufficient to pay for all implementation and first year operating costs has been provided and the SSS executes a memorandum of understanding with DMV that it will not refer the personal information required for registration to the U.S. Citizenship and Immigration Services. On or before June 30, 2016, DMV would be required to determine those conditions are satisfied, execute a declaration indicating the conditions are satisfied, and provide copies of the declaration to the Legislature and the SSS, as specified, and post it on its website.
Related Legislation:
There have been at least six previous attempts to pass legislation tying the driver’s license to registration with the Selective Service, as follows:
AB 2201 (Chavez), which was held on the Senate Appropriations Committee Suspense File in 2014, would have provided for automatic registration with the SSS upon application for an original or renewal driver’s license, beginning in 2016.
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 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:
AB 82 would require DMV to add three prescribed notices regarding SSS registration and opt-out procedures on the standard “Driver License or Identification Card Application” DL-44 form. DMV anticipates the addition of these notices would extend the DL-44 form to a third page, which creates ongoing printing costs.
The bill would only be implemented to the extent that federal funding is provided to cover both implementation costs of approximately $435,000, and first year operating costs of approximately $120,000. The Motor Vehicle Account is the DMV's primary source of funding, with revenues generated by vehicle registration fees, driver's license and ID card fees, and several other fees imposed by the DMV for particular services earmarked to the MVA. Since the expenditure of these revenues is constitutionally limited to specified transportation and vehicle-related uses, DMV indicates that the MVA cannot be used to support ongoing activities related to SSS registration of driver’s license applicants. To avoid legal challenge, staff assumes DMV’s ongoing costs related to the bill would be borne by the General Fund.
-- END --
AB 82 (Cristina Garcia) Page 8 of 8
SENATE COMMITTEE ON TRANSPORTATION AND HOUSING
Senator Jim Beall, Chair
2015 - 2016 Regular
Bill No: AB 82 Hearing Date: 6/30/2015
Author: |
Cristina Garcia |
||
Version: |
6/23/2015 |
||
Urgency: |
No |
Fiscal: |
Yes |
Consultant: |
Erin Riches |
||
SUBJECT: Driver’s license: Selective Service
DIGEST: 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.
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.
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. 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 individual may register online or fill out a hardcopy 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.
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, and in order to remain eligible for citizenship.
Existing state law requires all state agencies to cooperate with the SSS to publicize requirements for SSS registration compliance. State law also 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 driver’s license, unless the applicant declines automatic registration through the SSS website within 21 days of submitting his application.
Provides that unless the individual declines automatic registration, the submission of an application for an original driver’s license shall establish a conclusive presumption that the individual has either:
Registered with the SSS in compliance with the federal Military Selective Service Act; or
Authorized DMV to forward to the SSS the necessary information for SSS registration when that individual is required to register under the federal Military Selective Service Act.
Requires the DMV application for an original driver’s license to include:
A notice indicating that the applicant is consenting to SSS registration, if the individual is at least 16 but under 18 years of age;
A notice indicating that applicants objecting to conventional military service for religious or other conscientious reasons may go to the SSS website for information on the Alternative Service Program; and
A notice outlining the criminal penalties and potential loss of benefits for failing to register with the SSS, including the SSS website address and information relating to the applicant’s ability to decline automatic registration when applying for an original driver’s license.
Requires DMV to, at least monthly, forward to SSS in an electronic format the necessary personal information required for SSS registration of an eligible individual who has applied for an original driver’s license.
Provides that this bill applies to U.S. citizens and immigrants who are between 16 and 26 years old who are applying for an original driver’s license and who are required by federal law to register for the SSS.
Requires the DMV to implement this bill if:
Federal funding in an amount sufficient to pay for all implementation and first-year operating costs has been provided; and
The SSS executes a memorandum of understanding with DMV that it will not refer the personal information required for registration to the U.S. Citizenship and Immigration Services.
Requires DMV to determine and execute a statement, by June 30, 2016, of whether the requirements outlined in No. 6 have been met and to provide copies of the statement to the Legislature and the SSS.
Requires DMV to implement this bill, subject to the requirement outlined in No. 6 being met, by January 31, 2017.
COMMENTS:
Purpose. The author states that California has the largest number of SSS non-registrants in the country, representing 21% of non-registrants in the U.S. There are currently almost 1 million California men, 26 and older, who have failed to register. California institutions lose tens of millions of dollars each year because non-registrants do not qualify for, nor use, federal funds. Minorities and those most at risk often lose these benefits. The SSS receives tens of thousands of requests each year from men seeking help to gain back lost benefits. Forty other states and five U.S. territories have passed laws tying SSS registration to the driver’s license application; the process is quick, easy, and efficient, and helps a young man comply with federal law. Such laws have had a significant impact on raising SSS registration rates in each state that has passed such a law. The author states that this bill would ensure that men aged 18 to 25 do not fall through the cracks by making sure they fulfill their civic duty by signing up for the SSS, making this a one-stop shop to receive multiple federal benefits.
Is this bill necessary? The SSS Fiscal Year 2014 annual report to Congress notes that approximately 87% of the nation’s high schools participate in the SSS high school registrar program, and the SSS also has many outreach programs. For calendar year 2013, the SSS compliance rate was 72% for 18-year-olds; 89% for 19-year-olds; and 97% for 20- to 25-year-olds. This would seem to indicate that even if males are not registering at 18, nearly all are registering by the time they reach 26 years of age. In addition, writing in opposition to this bill, the American Civil Liberties Union of California (ACLU) notes that young men eligible for California state financial aid have the opportunity to register with the SSS on their financial aid applications.
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. DMV entered into a memorandum of understanding with the SSS in 1990 and since then has provided a quarterly file to the SSS of personal information of men aged 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 individual who has not registered of the requirement. Neither the DMV nor the SSS automatically registers individuals under current practice. This bill expands DMV’s responsibilities by requiring DMV to carry out additional procedures to register eligible applicants, such as modifying the driver’s license application and administering additional staff training. The committee may wish to consider whether it is appropriate to require DMV to carry out a federal mandate that federal law currently assigns to a federal agency.
Why not an up-front opt-in or opt-out? The SSS indicates that most states have enacted laws linking a man’s application for a driver’s license or identification card with the SSS registration requirement. Unlike this bill, however, many states offer applicants the option to “opt-in” to registering with the SSS. The author states that the 21-day opt-out mirrors AB 1461 (Gonzalez, 2015), which provides for individuals who have a driver’s license or identification card to be automatically registered to vote, unless the person opts out within 21 days. However, non-driving-related provisions currently included in the California driver’s license application, such as organ donation and voter registration, are opt-in (e.g., “Do you wish to be an organ or tissue donor?”). The committee may wish to consider amending this bill to make the SSS registration requirement an up-front opt-out, in keeping with the current driver’s license application.
What if a young man is registered before he opts out? The SSS states that it is legally prohibited from registering any individual who has not provided his consent. The SSS states that it will not enter any names from the DMV files into its database until after the 21-day opt-out period has passed. Once the SSS receives the file and the period has passed, it will check the names against its database and send letters to anyone not in their database to inform them of the registration requirement. The agency will also send a “receipt” to individuals who opted out. The committee may wish to consider amending this bill to expand the memorandum requirement to include a commitment from SSS to wait to enter any information from DMV into its database until after the opt-out period has passed, and to not enter any information for those who have opted out.
What about undocumented males? Federal law requires males aged 18 to 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 it “has not now, or in the past, collected or shared any information which would indicate a man’s immigration status, either documented or undocumented.” This bill makes implementation contingent upon a memorandum of understanding between DMV and the SSS that the SSS will not refer the personal information required for registration to U.S. Citizenship and Immigration Services. Writing in opposition to this bill, the California Immigrant Policy Center (CPIC) states that the privacy disclosure statement on the SSS website states that the SSS has the right to furnish information about individuals to nearly a dozen federal agencies, as well as the general public.
Field office delays? Young men who wish to obtain a driver’s license, but do not wish to be registered for the draft, may protest this requirement. This bill could also create confusion for those not required to register for the SSS because it requires DMV to print the SSS information on all driver’s license applications. The committee may wish to consider the potential delays this bill could create in DMV field offices.
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.
What happens to those who opt out? Under current federal law, if a man fails to register for the SSS or provide evidence that he is exempt from the requirement after receiving a reminder and/or compliance mailing, the SSS refers his name to the U.S. Department of Justice (DOJ) for possible investigation and prosecution, pursuant to the federal Military Selective Service Act. The SSS generally refers about 150,000 names per year to DOJ. 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.
Appropriate use of DMV funds? This bill makes implementation contingent upon the SSS providing funds to cover implementation and first-year operating costs. Ongoing costs, however, would likely fall on DMV. Writing in opposition to this bill, the Automobile Club of Southern California notes that the California Constitution limits the use of Motor Vehicle Account revenues to “administration and enforcement of laws regulating the use, operation, or registration of vehicles used upon the public streets and highways of this state, including the enforcement of traffic and vehicle laws by state agencies…” The Constitution appears to preclude use of Motor Vehicle Account revenues for the purpose required in this bill.
PREVIOUS LEGISLATION
AB 2201 (Chávez, 2014) —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 that the individual was required to be registered with the SSS. AB 2201 passed out of this committee on a 10-1 vote but was held on the Senate Appropriations Committee suspense file.
SB 251 (Correa, 2011) — 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 that the individual was required to be registered with the SSS. SB 251 passed out of this committee but was held on the Senate Appropriations Committee suspense file.
AB 1661 (Cook, 2007) — 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. AB 1661 was held on the Assembly Appropriations Committee suspense file.
SB 1276 (Speier, 2002) — 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. SB 1276 passed out of this committee but was held on the Senate Appropriations Committee suspense file.
AB 1574 (Briggs, 2000) — 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 requirements; 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. AB 1574 was held on the Assembly Appropriations Committee suspense file.
Assembly Votes:
Floor: 73-2
Appr: 17-0
Trans: 15-1
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No
POSITIONS: (Communicated to the committee before noon on Wednesday,
June 24, 2015.)
SUPPORT:
American GI Forum of California
American Legion — Department of California
AMVETS — Department of California
Asian Pacific American Advocates
Asian Pacific American Institute for Congressional Studies
California Community Colleges Chancellor’s Office
California State University
Cathedral City Mayor Pro Tem Greg Pettis
City of Santa Ana
Honorable John Garamendi, Member of Congress
League of United Latin American Citizens
National Association of Latino Elected and Appointed Officials Education Fund
National Congress of American Indians
Porterville Unified School District
Southwest Voter Registration Education Project
United Mexican-American Veterans Association
U.S. India Foundation
Veterans of Foreign Wars — Department of California
Vietnam Veterans of America — California Council
2 individuals
OPPOSITION:
American Civil Liberties Union of California
American Friends Service Committee
Automobile Club of Southern California
California Immigrant Policy Center
Committee Opposed to Militarism and the Draft
Department of Finance
Friends Committee on Legislation of California
Peace and Freedom Party of California
341 individuals
-- END --
AB 82
Page 3
ASSEMBLY THIRD READING
AB 82
(Cristina Garcia)
As Amended May 28, 2015
Majority vote
Committee |
Votes |
Ayes |
Noes |
Transportation |
15-1 |
Frazier, Achadjian, Baker, Bloom, Daly, Dodd, Eduardo Garcia, Gomez, Kim, Linder, Medina, Melendez, Nazarian, O'Donnell, Santiago |
Chu |
Appropriations |
17-0 |
Gomez, Bigelow, Bonta, Calderon, Chang, Daly, Eggman, Gallagher, Eduardo Garcia, Gordon, Holden, Jones, Quirk, Rendon, Wagner, Weber, Wood |
|
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 driver's license. Specifically, this bill:
Makes legislative findings and declarations regarding registration with the SSS.
Requires 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.
Specifies 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:
Registered with the SSS; or,
Authorized the Department of Motor Vehicles (DMV) to forward to the SSS the necessary information in order to process SSS registration.
Requires 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.
Requires DMV, on a monthly basis, to provide SSS with the necessary personal information required for an applicant to register with SSS.
Proclaims 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.
Provides that DMV implementation of SSS registration will only take effect if:
Federal funding is provided to sufficiently cover first year operating expenditures; and,
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.
Specifies that by June 30, 2016, the Director of DMV is required to:
Determine if sufficient federal funding is provided to offset first year operating expenditures;
Execute a declaration that sufficient federal funding is provided;
Submit the declaration to several state entities, as specified; and,
Post the declaration on DMV's Internet Web page.
Requires 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 Assembly Appropriations Committee, the DMV will incur one-time costs of $435,000 associated with programming, staff time, and forms modifications. The department indicates that the required notification in this bill will require adding a third page to its driver's license application form which will entail ongoing additional printing costs of $120,000. The SSS is intending to reimburse for up to $435,000 of these costs. Any additional costs cannot be covered by the Motor Vehicle Account, so would likely come from the General Fund.
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 (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.
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." The American GI Forum further writes, "California has a large number of "dreamers" where brought to the United States as children. Many do not realize they have an obligation to register for the draft."
In opposition to this bill, the Friends Committee on Legislation of California asserts 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 System. The law should not claim otherwise." The Friends Committee further notes, "there is no logical relationship between the privilege to operate a motor vehicle and registering with the Selective Service System. Despite this, AB 82 requires the State of California to go further than the federal government is itself willing to go in order to compel registration. On federal financial aid applications, applicants are given the choice of opting in to have their information forwarded to the Selective Service System."
Please see the policy committee analysis for full discussion of this bill.
Analysis Prepared by: Manny Leon / TRANS. / (916) 319-2093 FN: 0000647
AB 82
Page 2
Date of Hearing: May 20, 2015
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Jimmy Gomez, Chair
AB 82
(Cristina Garcia) – As Amended May 13, 2015
Policy Committee: |
Transportation |
Vote: |
15 - 1 |
|
|
|
|
|
|
|
|
Urgency: No State Mandated Local Program: No Reimbursable: No
SUMMARY:
This bill, effective January 1, 2017, deems a person required to register with the federal Selective Service System (SSS) to have automatically consented to SSS registration when applying for an original driver's license, unless the person subsequently opts out of registering. Specifically, this bill:
Specifies that submission of an application for an original driver's license by a male over age 16 but under age 26 establishes a conclusive presumption that the person has either:
Registered with the SSS, or
Authorized the DMV to forward to the SSS the necessary information in order to process SSS registration.
Requires the application to include the following notifications:
If the male is at least 16 years old but under 18, he is consenting to, and will be registered with, the SSS upon reaching age 18.
Information on the criminal penalties and loss of potential benefits for failing to register, and a link to the SSS website for a person to decline registration and informing the person that they have 21 days to do so.
Availability of alternative service information for those who object to conventional military service, and a link to such information on the SSS website.
Provides that the above shall not be implemented unless the Director of the DMV determines, by June 30, 2016, that implementation and first-year operating costs do not exceed $350,000, and federal funds have been provided to cover all of these costs.
FISCAL EFFECT:
The DMV will incur one-time costs of $435,000 associated with programming, staff time, and forms modifications. The department indicates that the required notification in this bill will require adding a third page to its driver's license application form. The SSS is intending to reimburse for up to $350,000 of these costs. Any additional costs cannot be covered by the Motor Vehicle Account. (The bill's stipulation that it not be implemented unless the initial costs do not exceed $350,000 is impractical.)
COMMENTS:
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 2014 report to Congress, the SSS indicated that, for 2012, California had an 84% compliance rate with the SSS registration requirement versus 93% 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.
Purpose. According to the SSS, 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 82 will "help men in California receive federal benefits that can positively impact their lives…"
The California Community Colleges are in support of the bill, based on the thousands of men forfeiting education benefits each year due to lack of SSS registration.
Opposition. The Friends Committee on Legislation of California asserts 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 System. The law should not claim otherwise." The Friends Committee further notes, "there is no logical relationship between the privilege to operate a motor vehicle and registering with the Selective Service System."
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 AB 2201 (Chavez) of 2014, which was held in Senate Appropriations.
Analysis Prepared by: Chuck Nicol / APPR. / (916) 319-2081
AB 82
Page 5
Date of Hearing: April 27, 2015
ASSEMBLY COMMITTEE ON TRANSPORTATION
Jim Frazier, Chair
AB 82
(Cristina Garcia) – As Amended April 20, 2015
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 driver's license. Specifically, this bill:
Makes legislative findings and declarations regarding registration with the SSS.
Requires 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.
Specifies 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:
Registered with the SSS; or,
Authorized the Department of Motor Vehicles (DMV) to forward to the SSS the necessary information in order to process SSS registration.
Requires DMV to include on the driver's license application a notice indicating the applicant's consent to register with the SSS.
Requires DMV to provide SSS with the necessary personal information required for an applicant to register with SSS.
Proclaims that the provisions specified in this bill apply to applicants that are United State 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.
Provides that DMV implementation of SSS registration will only take effect if:
First year operating expenditures do not exceed $350,000;
Federal funding is provided to sufficiently cover first year operating expenditures; and,
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.
Specifies that by June 30, 2016, the Director of DMV is required to:
Determine if sufficient federal funding is provided to offset first year operating expenditures;
Execute a declaration that sufficient federal funding is provided;
Submit the declaration to several state entities, as specified; and,
Post the declaration on DMV's Internet web page.
Requires DMV to implement the provisions specified in this bill on or before January 31, 2017, if all specified conditions have been met.
EXISTING LAW:
Requires driver's license and identification card applicants to provide their social security number and proof of legal presence in the United States.
Requires driver's license applicants unable to provide a social security number or sufficient proof of legal presence to provide various forms of documentation, as specified, to establish proof of identity and residency.
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.
Prohibits DMV from issuing a driver's license to a minor unless the minor's driver's license application is signed and verified by a parent or legal guardian, as specified.
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.
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.
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, "this bill would help men in California receive the federal benefits that can positively impact their lives and help them attain the American dream. It will help reduce roadblocks to education, employment, and citizenship, especially for those who need assistance the most."
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 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.
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." The American GI Forum further writes, "California has a large number of "dreamers" where brought to the U.S. as children. Many do not realize they have an obligation to register for the draft."
In opposition to this bill, the Friends Committee on Legislation of California asserts 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 System. The law should not claim otherwise." The Friends Committee further notes, "there is no logical relationship between the privilege to operate a motor vehicle and registering with the Selective Service System. Despite this, AB 82 requires the State of California to go further than the federal government is itself willing to go in order to compel registration. On federal financial aid applications, applicants are given the choice of opting in to have their information forwarded to the Selective Service System."
Committee concerns: 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 directs DMV to carry out a federal mandate currently required to be administered by 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 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 four times a year. 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.
Furthermore, this bill creates legal ambiguity as to whether parents have the legal authority to pre-register male minors into SSS. Federal law requires a male at age 18 to register himself with SSS. Conversely, state law requires a parent or legal guardian to verify, sign, and agree to all statutory requirements and acknowledgements on a driver's license application prior to DMV issuing a provisional driver's license to a minor. The provisions in this bill would tie a minor obtaining a provisional driver's license to requiring a parent or legal guardian to pre-register a male minor to SSS before reaching age 18. Thus, if a parent refuses to consent to their child being registered to SSS, the minor will be prohibited from receiving a provisional driver's license.
Proposed amendment: the committee may wish to consider asking the author to amend the bill to provide applicants the option to "opt-in" to SSS when applying for a driver's license, which is the same process currently used for organ donations and voter registration and also the same method provided to students when applying for federal financial aid.
Previous legislation: AB 2201 (Chavez) of 2014, almost identical to this bill, would have required a person who is required to register with SSS to automatically consent to SSS registration when applying for an original or a renewal driver's license. AB 2201 was held in the Senate Appropriations Committee on the suspense file.
SB 251 (Correa) of 2011, was also similar to this bill. SB 251 was held in the Senate Appropriations Committee on the suspense file.
REGISTERED SUPPORT / OPPOSITION:
Support
The Honorable John Garamendi, Congressman
The Honorable Greg Pettis, Mayor Pro Tem, City of Cathedral City
The Honorable P. David Benavides, Councilmember, City of Santa Ana
American G.I. Forum
American Legion – Department of California
Asian Pacific American Institute for Congressional Studies
AMVETS – Department of California
California Community Colleges Chancellor's Office
League of United American Citizens
National Association of Latino Elected and Appointed Officials
United Mexican-American Veterans Association
U.S. India Foundation
Veterans of Foreign Wars – Department of California
Vietnam Veterans of American – California State Council
39 private citizens
Opposition
American Civil Liberties Union of California
American Friends Service Committee
Asian Americans Advancing Justice – Los Angeles
Automobile Club of Southern California
California Immigrant Policy Center
California Immigrant Youth Justice Alliance
Committee Opposed to Militarism and the Draft
Communities United for Restorative Youth Justice
Friends Committee on Legislation of California
Peace and Freedom Party of California
San Diego Immigrant Youth Collective
South Asian Network
451 private citizens
Analysis Prepared by: Manny Leon / TRANS. / (916) 319-2093
Discussed in Hearing
43SEC
Assembly Floor
1MIN
Senate Floor
40SEC
Senate Standing Committee on Appropriations
25MIN
Senate Standing Committee on Transportation and Housing
1MIN
Assembly Floor
25MIN
Assembly Standing Committee on Transportation
Bill Author
Bill Co-Author(s):
