Amended in Senate September 1, 2015

Amended in Senate July 2, 2015

Amended in Senate June 23, 2015

Amended in Assembly May 28, 2015

Amended in Assembly May 13, 2015

Amended in Assembly April 20, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 82

Introduced by Assembly Member Cristina Garcia

(Coauthor: Assembly Member Chávez)

January 6, 2015

An act to add Section 12801.3 to the Vehicle Code, relating to vehicles.

LEGISLATIVE COUNSEL’S DIGEST

AB 82, as amended, 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 begin delete 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 driver’s license to be deemed to have consented to registration with the federal Selective Service System, as provided. end delete begin insert 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 driver’s license. end insert 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, 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.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

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 begin insert federal end insert
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 driver’s license
in support of the begin insert federal end insert Selective Service System registration.
begin insert Most of these jurisdictions have selected optional registration
consistent with the program design in this act. end insert

(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 driver’s license application process should be revised so
that every male applicant for an original driver’s license who is
between 18 and 26 years of age begin delete consents end delete begin insert may consent end insert to his
registration with the begin insert federal end insert Selective Service System, as required
by federal begin delete law, unless the applicant declines automatic registration
in the prescribed method. end delete begin insert law. end insert

SEC. 2.  

Section 12801.3 is added to the Vehicle Code, to read:

begin delete

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 driver’s 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 driver’s 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)

end delete

begin insert

begin insert 12801.3. end insert   

end insert

begin insert (a) end insert  The department shall require an application for
an original driver’s license to begin delete include end delete begin insert include, in a place deemed
appropriate by the department, end insert all of the following:

begin delete

(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.”

end delete begin insert

(1) The following statement and a line by the statement for the
applicant’s signature:

end insert
begin insert end insert
begin insert

“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.”

end insert
begin insert end insert
begin insert

(2) A notice indicating the following:

end insert
begin insert end insert
begin insert

“Selective Service System Registration

end insert begin insert

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.”

end insert
begin delete

(2)

end delete

begin insert (3) end insert  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 begin insert federal end insert Selective Service System
Internet Web site: http://www.sss.gov/FSaltsvc.htm”

begin delete

(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
applicant’s ability to decline automatic registration when applying
for his original driver’s 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.

end delete begin insert

(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 driver’s 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.

end insert begin insert

(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.

end insert begin delete

(e)

end delete

begin insert (d) end insert  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
begin delete specified in subdivision (f). end delete begin insert who has consented to registration. end insert

begin delete

(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 driver’s license and who are or will
be required to register with the Selective Service System in
accordance with the Military Selective Service Act.

end delete begin delete

(g)

end delete

begin insert (e) end insert  (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
begin delete all of the following: end delete begin insert 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. end insert

begin delete

(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).

end delete

(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 department’s Internet
Web site.

(2) Subject to paragraph (1), the department shall implement
subdivisions (a) to begin delete (f), end delete begin insert ( end insert begin insert d), end insert inclusive, of this section on or before
January 31, 2017.