BILL NUMBER: AB 82	AMENDED
	BILL TEXT

	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

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  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.   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.  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  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 driver's
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 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  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 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) 
    12801.3.    (a)  The department shall require
an application for an original driver's 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
applicant's 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 driver's 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 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.  
   (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.  
   (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 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.  
   (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 department's 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.