AB 82, as introduced, Cristina Garcia. Vehicles: driver’s license: selective service.
Existing law establishes the practices and procedures for the issuance of an original or a renewal of a driver’s 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 driver’s 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 driver’s 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.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
The Legislature finds and declares all of the
2following:
3(a) California has one of the lowest Selective Service System
4registration compliance rates in the nation.
5(b) Males who are between 18 and 26 years of age who fail to
6register with the Selective Service System, as required by federal
7law, face possible federal penalties and loss of federal benefits,
8including student financial assistance, federal employment, such
9as employment with the United States Postal Service, job training
10under the federal Workforce Investment Act (29 U.S.C. Sec. 2801
11et seq.), and citizenship for immigrants.
12(c) California law
requires selective service registration for state
13student financial aid, including Cal grants and financial aid for
14immigrants under the California Dream Act.
15(d) The failure of young men to register with the Selective
16Service System has resulted in the lifetime loss of over
17$100,000,000 in potential benefits over the last three years for
18young men in California.
19(e) Forty states, four territories, and the District of Columbia
20have enacted legislation related to the issuance of a driver’s license
21in support of the Selective Service System registration.
22(f) To promote the fairness and equity of any future draft, to
23ensure that important benefits associated with the registration
24requirement are not lost, and to promote compliance with federal
25law, the driver’s license application process should be revised so
26that every
male applicant for an original driver’s license who is
27between 18 and 26 years of age consents to his registration with
28the Selective Service System, as required by federal law.
Section 12801.3 is added to the Vehicle Code, to read:
(a) Notwithstanding any other law, a person who is
31required to be registered under the federal Military Selective
32Service Act (50 U.S.C. App. Sec. 451 et seq.) and who submits
33an application for an original driver’s license is deemed to have
34consented to registration with the federal Selective Service System.
35(b) The submission of an application for an original driver’s
36license by a person specified in subdivision (a) shall establish a
37conclusive presumption that the person has done either of the
38following:
P3 1(1) Registered with the federal Selective Service System in
2compliance with the federal Military Selective Service Act.
3(2) Authorized the department to forward to the federal Selective
4Service System the necessary information for the Selective Service
5System registration when that person is required to register under
6the federal Military Selective Service Act.
7(c) The department shall require an application for an original
8driver’s license to include a notice indicating the following:
10“By submitting this application, I am consenting to registration
11with the Selective Service System, if required by federal law. If I
12am under 18 years of age, but at least 16 years of age, I understand
13that I will be registered upon reaching 18 years of age.”
15(d) The department shall require an application for an original
16driver’s license to include a
notice indicating the following:
18“For applicants who object to conventional military service for
19religious or other conscientious reasons, alternative service
20information is available from the Selective Service System Internet
21Web site: http://www.sss.gov/FSaltsvc.htm”
23(e) The department shall forward to the federal Selective Service
24System, in an electronic format, the necessary personal information
25required for the registration of a person specified in subdivision
26(a).
27(f) This section applies to United States citizens and immigrants
28who are 16 years of age or older but less than 26 years of age who
29are applying for an original driver’s license and who are or will
30be required to register with the Selective Service System in
31accordance with the Military
Selective Service Act.
32(g) (1) (A) This section shall be implemented by the department
33only if both of the following conditions are satisfied:
34(i) The implementation and first year operating costs do not
35exceed three hundred fifty thousand dollars ($350,000).
36(ii) Federal funding in an amount sufficient to pay for all
37implementation and first year operating costs has been provided.
38(B) On or before June 30, 2016, the Director of Motor Vehicles
39shall do all of the following:
P4 1(i) Determine whether the conditions specified in subparagraph
2(A) are satisfied.
3(ii) Execute a declaration
stating his or her determination of
4whether the conditions specified in subparagraph (A) are satisfied.
5The declaration shall state that it is being made pursuant to this
6section.
7(iii) Retain the declaration and provide a copy within five
8working days of the execution of the declaration to the fiscal and
9appropriate policy committees of the Legislature, the Secretary of
10State, the Secretary of the Senate, the Chief Clerk of the Assembly,
11the Legislative Counsel, and the federal Selective Service System.
12(iv) Post a copy of the declaration on the department’s Internet
13Web site.
14(2) Subject to paragraph (1), the department shall implement
15subdivisions (a) to (f), inclusive, of this section on or before
16January 31, 2017.
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