BILL ANALYSIS
AB 397
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Date of Hearing: April 22, 1997
ASSEMBLY COMMITTEE ON HIGHER EDUCATION
Ted Lempert, Chair
AB 397 (Kuykendall) - As Amended: March 31, 1997
SUBJECT : Selective service registration.
SUMMARY : If enacted, AB 397 would prohibit public postsecondary
institutions from extending benefits to individuals who do not
comply with the federal Military Selective Service Act (50 U.S.C.
App 451 et. seq.). Specifically, this bill :
1) Prohibits any person subject to the federal Military Selective
Service Act from receiving any student financial aid if that
person does not show proof of registration.
2) Prohibits all state agencies, including the University of
California and California State University, from employing or
promoting any person subject to the Act if that person does not
show proof of registration.
3) Prohibits public postsecondary institutions from admitting,
enrolling, or permitting the attendance of any person subject
to the Act if that person does not show proof of registration.
EXISTING LAW :
1) Section 3 of the Military Selective Service Act states that
male U.S. citizens, and male aliens residing in the United States,
who are between the ages of 18 and 26 must register with Selective
Service within 30 days of their 18th birthday.
2) Exemptions from the Act include men on full-time active duty
in the U.S. Armed Forces, National Guard, and Reserve Forces, and
those who are unable to register due to circumstances beyond their
control, i.e. hospitalization, incarceration, and
institutionalization. Men released or paroled from prison have 30
days to register.
3) Public law 97-252, signed on September 8, 1982, provides that
persons required to register with Selective Service be in
compliance before receiving student financial aid under Title IV
of the Higher Education Act. Applicants are asked to sign a
statement of compliance.
4) According to information from the Selective Service Office of
Public Affairs, for a man who turns 26 and does not register he
will have permanently forfeited his rights to certain benefits
including federal student aid, job training through programs such
as JTPA, and federal employment.
5) Non-compliance with the Act is a felony and punishable by a
fine of up to $250,000 and/or five years in jail. The Act states
that a non-registrant is not to be denied any federal benefit if
AB 397
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he can demonstrate that his failure to register was neither
"knowing or willful". The Office of Personnel Management and
Selective Service share responsibility for
administering appeal claims from non-registrants
6) State Law requires all state agencies to cooperate with the
U.S. Selective Service System in efforts to publicize the
necessity of, and requirements for, compliance with the
Military Selective Service Act.
FISCAL EFFECT : Unknown.
COMMENTS :
1) Proponents argue that potentially all men in California ages 18
to 25 will be effected by this bill because it links state
financial aid and state employment to registration. In fact,
the measure is limited in that it would not include men who a)
decide not to attend college, b) do not need financial aid
assistance to complete their postsecondary education, c) can
afford to pay for full tuition at a private postsecondary
campus and d) do not currently work for the State or intend to
apply for State employment.
STAFF QUESTIONS/ISSUES: This measure does not appear to be
the most efficient means of punishing men who are non-registrants.
It also targets only those who need financial aid and cannot
attend a private college.
2) Proponents argue that AB 397 simply conforms state law with
federal law. In fact, AB 397 expands existing federal law by
requiring "proof of registration" to be eligible for specified
benefits, which is not included in the federal Act.
STAFF QUESTIONS: If federal law only requires an individual to
sign a statement of compliance, shouldn't state law be
consistent with the federal standard?
3) Failing to register with the Selective Service is against the
law. Federal financial aid and employment opportunities have
been tied to registration status since the 1980's. AB 397 aids
enforcement of the registration requirement by linking it to
eligibility for state financial aid, state employment, and
admission to state institutions of higher education. To date,
eighteen states have passed laws that tie a statement of
compliance to financial aid eligibility, thereby conforming
state regulations to federal law.
STAFF QUESTION: Should public postsecondary institutions begin
to serve in a capacity where they are reviewing and verifying
registration cards for Selective Service. Educators contend
that this function is not part of the mission of higher
education in California.
4) Federal financial aid recipients are already required to have
their Selective Service compliance verified. A new and
separate law with different requirements would be very
confusing to students.
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5) According to financial aid staff, the bill is administratively
burdensome to implement.
STAFF QUESTIONS: Who is going to administer the provisions of
this bill? Where will the money come from to pay for the
people who will need to review this information?
6) It is not clear in the current version of AB 397 if the
provisions would take effect retroactively.
STAFF SUGGESTIONS: The author may consider amending the bill
to clarify this point.
REGISTERED SUPPORT / OPPOSITION :
Support
County of San Diego Veterans Service Office
Monterey Bay Chapter 136 National Sojourners
State Guard Association of the United States
Disabled American Veterans
Legion of Valor
Brotherhood Rally of All Veterans Organization
National Sojourners, Inc.
Department of California Legislative Commission
American Ex-Prisoners of War
LAO Veterans of America, Inc.
California Military Museum
California Department of Veteran Affairs
Reserve Officers Association of the United States
State Defense Force Association of California
The Order of St. Stanislas
Association of the United States Army
Ancient and Accepted Scottish Rite of Free Masonry
American Veterans of World War II
Non Commissioned Officers Association of the United States
Opposition
Community College League of California
Analysis prepared by : Rosa de Anda / ahed / (916) 324-4655