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SB-1276 Selective Service registration.(2001-2002)

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SB1276:v96#DOCUMENT

Amended  IN  Senate  February 20, 2002
Amended  IN  Senate  April 15, 2002
Amended  IN  Senate  May 01, 2002

CALIFORNIA LEGISLATURE— 2001–2002 REGULAR SESSION

Senate Bill
No. 1276


Introduced  by  Senator Speier
(Principal Coauthor(s): Assembly Member Briggs)
(Coauthor(s): Senator Alpert, Costa, Figueroa, McPherson, Margett, Monteith, Oller, Polanco, Poochigian)
(Coauthor(s): Assembly Member Alquist, Bates, Chavez, Correa, Firebaugh, Maddox, Rod Pacheco, Reyes, Strickland, Strom-Martin, Washington, Wyland, Wyman)

January 16, 2002


An act to amend Section 1653.5 of, and to add Section 1678 to the Vehicle Code, relating to driver’s licenses.


LEGISLATIVE COUNSEL'S DIGEST


SB 1276, as amended, Speier. Selective Service registration.
Existing federal law requires every male citizen of the United States, and every other male person residing in the United States, who is between the ages of 18 and 26 years, to register with the Selective Service System.
This bill would make findings and declarations concerning compliance with the Military Selective Service Act. This bill would require the Department of Motor Vehicles to forward the personal information of male applicants for an original driver’s license or identification card under 26 years of age, as specified, to the Selective Service System in an electronic format if the applicant indicates his agreement to be registered with the system. This bill would provide that information may include the applicant’s social security number. This bill would also provide that submission of an application by an individual meeting the criteria above would be a conclusive presumption that the applicant is already registered or is thereby authorizing the department to forward the information needed to register him to the Selective Service System. The department would be required to provide a notice on the front of the applications regarding registration requirements and the penalties imposed for a failure to register, as specified.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 The Legislature hereby finds and declares that California has one of the lowest Selective Service registration compliance rates in the nation. Many males, ages 18 through 25 years, have failed to register with the Selective Service System as required by federal law and they face possible federal penalties and loss of federal benefits, including student financial assistance. In at least 17 other states, registration with the Selective Service occurs for eligible males upon application for a driver’s license or state identification card. Therefore, the Legislature declares that to promote compliance with federal law, the driver’s license application process shall be revised so that every male applicant for an original driver’s license or identification card who is under the age of 26 years shall have the option to register with the Selective Service System if so required by federal law.

SEC. 2.

 Section 1653.5 of the Vehicle Code is amended to read:

1653.5.
 (a) Every form prescribed by the department for use by an applicant for the issuance or renewal by the department of a driver’s license or identification card pursuant to Division 6 (commencing with Section 12500) shall contain a section for the applicant’s social security account number.
(b) Every form prescribed by the department for use by an applicant for the issuance, renewal, or transfer of the registration or certificate of title to a vehicle shall contain a section for the applicant’s driver’s license or identification card number.
(c) Any person who submits to the department a form that, pursuant to subdivision (a), contains a section for the applicant’s social security account number, or pursuant to subdivision (b), the applicant’s driver’s license or identification card number, if any, shall furnish the appropriate number in the space provided.
(d) The department shall not complete any application that does not include the applicant’s social security account number or driver’s license or identification card number as required by subdivision (c).
(e) An applicant’s social security account number shall not be included by the department on any driver’s license, identification card, registration, certificate of title, or any other document issued by the department.
(f) Notwithstanding any other provision of law, information regarding an applicant’s social security account number, obtained by the department pursuant to this section, is not a public record and shall not be disclosed by the department except for any of the following purposes:
(1) Responding to a request for information from an agency operating pursuant to, and carrying out the provisions of, Part A (Aid to Families with Dependent Children), or Part D (Child Support and Establishment of Paternity), of Subchapter IV of Chapter 7 of Title 42 of the United States Code.
(2) Implementation of Section 12419.10 of the Government Code.
(3) Responding to information requests from the Franchise Tax Board for the purpose of tax administration.
(4) Registration with the federal Selective Service System in compliance with the Military Selective Service Act (50 U.S.C. Appx. Sec. 451 et seq.).

SEC. 3.

 Section 1678 is added to the Vehicle Code, to read:

1678.
 (a) Notwithstanding any other provision of law, any male citizen of the United States or immigrant under 26 years of age, who applies for an original driver’s license or identification card, shall be afforded the opportunity to register in compliance with the requirements of the federal Military Selective Service Act (50 U.S.C. Appx. Sec. 451 et seq.) when required by that act. This section shall not apply to state identification card applicants under 15 years of age.

(b)The submission of an application for a driver’s license or identification card by an applicant described in subdivision (a) is deemed to be a conclusive presumption that the applicant either is registered with the Selective Service System or is thereby authorizing the department to forward the information necessary to register him to the Selective Service System at the time that person is required to register under the Selective Service Act.

(c)

(b) The department shall include with the driver’s license or identification card application a notice to an applicant described in subdivision (a), as follows:
(1) On the front of the application form, in a place deemed appropriate by the department, the following statement shall appear: “I agree to register with the Selective Service System, if so required by federal law. If I am under 18 years of age, I understand that I will be registered when I attain 18 years of age if I agree to registration with this application. Penalties for failure to register are explained on the back of this form.” form. Consent to register with the Selective Service System is not necessary in order to be granted a driver’s license.” There shall be a place by the statement for the applicant’s signature.
(2) On the back of the application form in a place deemed appropriate by the department, the following statement shall appear:

“Selective Service Registration

Males, ages 18 through 25 years of age, are required by federal law to register with the Selective Service System. Failure to register will result in ineligibility for federal student loans and grants, Cal 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) The department shall post in its field offices a notice provided by the Selective Service System regarding the registration process, the consequences for not registering, and how one may contact the system.
(d) The If an applicant signs his name on the application form indicating his agreement to be registered with the Selective Service System, the department shall forward the personal information of the applicants identified in an applicant meeting the criteria of subdivision (a) to the Selective Service System in an electronic format.