From Draft NOtices, April-June 2024
- Rick Jahnkow
The California legislature is considering a bill that would require the Department of Motor Vehicles (DMV) to automatically register male residents with the Selective Service System (SSS), the federal agency that would conduct any future military draft.
The bill, SB 1081, was introduced on February 12 by State Senator Bob Archuleta (D-32). If enacted, it would amend the state vehicle code so that the DMV would automatically register individuals with SSS when they submit an original or renewal application for a driver’s license or state ID. This would include applicants between the ages of 16 and 26 who were male at birth (SSS does not register women or trans males). Since men are only required to register with the SSS at age 18, the DMV would delay registering younger applicants until they have reached that age.
In an attempt to reduce opposition to SB 1081, the bill specifies that the DMV license/ID application form must include a box to check to opt out of SSS registration. It is also promised that the DMV would not compile and release a list of those who have opted out. What is not acknowledged, however, is that opting out would constitute a written confession to a crime, and the state could not be able to withhold such information in the face of a federal subpoena that seeks evidence of willful refusal to register. Despite this legal risk for those who choose to opt out, the DMV application process will not include a Miranda warning or provide an attorney for legal advice.
The full state Senate has already passed the bill, though it was only by a two-vote margin. The Assembly Transportation Committee will consider SB 1081 in a hearing on June 17. If approved, it would next go to the Assembly Finance Committee for an analysis of potential costs. There it may run into resistance, since the California Constitution limits the use of DMV funds to traffic- and transportation-related programs. As a result, the ongoing costs for a DMV/SSS registration program would have to come from the state’s general funds, and currently the state is making major cuts in its budget. The next step after the Finance Committee would be an Assembly floor vote. Following that, it would have to be signed by Governor Newsum.
Letters opposing SB 1081 are needed and can be sent to legislative committees by organizations and individuals via the California Legislature advocacy portal: https://calegislation.lc.ca.gov/Advocates/.
There have been at least six previous efforts to pass similar DMV/SSS-related proposals in California, each of which failed when they were either vetoed by the governor or blocked by legislative committees. Yet, despite these defeats, the SSS continues to focus on California. One reason is that California has the largest population of unregistered men. Another is that in recent years, both the federal and California state legislatures repealed laws that had previously boosted SSS registration by denying college financial aid to unregistered students. And finally, there have been persistent proposals in recent years to repeal registration and terminate the Selective Service System itself. As a result, the SSS is becoming more desperate to find ways to prove it is a relevant, viable agency. And in the context of its only task now being the registration of people, getting SB 1081 approved would have to be one of its top priorities.
For more information:
COMD is working to oppose to SB 1081. To learn the current status of the bill, visit https://legiscan.com/CA/bill/SB1081/2023 or email This email address is being protected from spambots. You need JavaScript enabled to view it..
To see a list of talking points and some of the groups opposing the bill, visit https://hasbrouck.org/draft/SB1081-Oppose-Floor-Alert-052124.pdf.
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Some brief arguments that can be made against SB 1081:
- DMV funds must only be used to support traffic safety and transportation-related programs, not to help enforce a totally unrelated federal law.
- If adopted, SB 1081 could open the door for escalating federal demands to use driver’s license lists for many other unrelated purposes and could result in more people driving without a license.
- The negative consequences of non-registration have been exaggerated by proponents of the bill.
- The system of SSS registration employs gender and anti-trans discrimination, a violation of the California Constitution.
- The bill is unworkable because it would require DMV to determine whether individuals are in a category that is exempt from SSS registration. Exempt individuals include non-citizens with temporary visas and trans males who were identified as female at birth. DMV records do not contain such information.
- The “opt-out” provision in this bill is deceptive and the protection it promises cannot be enforced by California in the face of a federal subpoena for evidence of willful non-registration.
This article is from Draft NOtices, the newsletter of the Committee Opposed to Militarism and the Draft (http://www.comdsd.org/).
