BILL NUMBER: AB 82 ENROLLED
BILL TEXT
PASSED THE SENATE SEPTEMBER 2, 2015
PASSED THE ASSEMBLY SEPTEMBER 3, 2015
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, 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 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.
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 may consent to his registration with the
federal Selective Service System, as required by federal law.
SEC. 2. Section 12801.3 is added to the Vehicle Code, to read:
12801.3. (a) The department shall require an application for an
original driver's license to include, in a place deemed appropriate
by the department, all of the following:
(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."
(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"
(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.
(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 who
has consented to registration.
(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 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.
(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 (d), inclusive, of this section on or before
January 31, 2017.