BILL NUMBER: AB 82AMENDED BILL TEXT 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 Chvez) 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. 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 that it will not refer the personal information required for registration to the United States Citizenship and Immigration Services. 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 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 Selective Service System registration. (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 to his registration with the Selective Service System, as required by federal law, unless the applicant declines automatic registration in the prescribed method. 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) The department shall require an application for an original driver's license to include 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." (2) 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 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. (e) 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(a).(f). (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) (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 it will not refer the personal information required for registration to the United States Citizenship and Immigration Services. (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), inclusive, of this section on or before January 31, 2017.