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SB-1081 Vehicles: driver’s license: selective service.(2023-2024)

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Date Published: 05/17/2024 12:33 PM
SB1081:v97#DOCUMENT

Amended  IN  Senate  May 16, 2024
Amended  IN  Senate  April 02, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill
No. 1081

Introduced by Senator Archuleta

February 12, 2024

An act to amend Sections 12800 and 13000 of, and to add Section 12801.3 to, the Vehicle Code, relating to vehicles.


LEGISLATIVE COUNSEL'S DIGEST


SB 1081, as amended, Archuleta. 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 United States Selective Service System.
This bill would would, commencing at the completion of the Digital eXperience Platform Project or on January 1, 2027, whichever is later, require a person who is required to be registered under the federal act and who submits an application for a driver’s license, identification card, or renewal to be deemed to have consented to registration with the United States Selective Service System, as provided. The bill would require the Department of Motor Vehicles to include specified notices on an application for a driver’s license, identification card, or renewal and would require the department to forward the necessary personal information required for registration to the United States Selective Service System in an electronic format. The bill would prohibit the department from making or distributing a list of individuals who did not consent to registration with the United States Selective Service System, as specified. This bill would require the department to solicit federal funds to implement these provisions and, if it receives that funding, to report to the Legislature and post specific information on its internet website, 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.

 (a) It is the intent of the Legislature to protect Californians from the penalties associated with the failure to register with the United States Selective Service System and to help ensure any future draft is fair and equitable to all potential draftees.
(b) The Legislature finds and declares that the penalties associated with noncompliance of the federal Military Selective Service Act (50 U.S.C. Sec. 3801 et seq.) are severe, including, but not limited to, a felony conviction, delayed eligibility for United States citizenship for immigrants seeking citizenship, ineligibility to work for the federal government, including the United States Postal Service, ineligibility to work for many state and local governments, and ineligibility for participation in federally funded job training programs.
(c) Therefore, in recognition of the severe consequences of noncompliance with the federal Military Selective Service Act and the importance of helping ensure that any future draft is fair and equitable, it is the intent of the Legislature to notify Californians of their responsibility to register with the United States Selective Service System and provide them with the opportunity to register concurrent with applying for a driver’s license or identification card.

SEC. 2.

 Section 12800 of the Vehicle Code, as amended by Section 1 of Chapter 969 of the Statutes of 2022, is amended to read:

12800.
 Each application for an original or a renewal of a driver’s license shall contain all of the following information:
(a) (1) The applicant’s true full name, age, gender category, mailing address, residence address, and, except as provided in Section 12801, social security account number.
(2) The applicant shall choose their gender category of female, male, or nonbinary.
(3) The department shall not require documentation for an original driver’s license applicant’s initial choice of a gender category or a licensed applicant’s request for an amendment to a gender category other than the following:
(A) The applicant’s self-certification of their chosen gender category.
(B) Documentation required by this code and the California Code of Regulations as necessary to establish that an applicant is lawfully entitled to a license.
(b) A brief description of the applicant for the purpose of identification.
(c) A legible print of the thumb or finger of the applicant.
(d) The type of motor vehicle or combination of vehicles the applicant desires to operate.
(e) Whether the applicant has ever previously been licensed as a driver and, if so, when and in what state or country and whether or not the license has been suspended or revoked and, if so, the date of and reason for the suspension or revocation.
(f) Whether the applicant has ever previously been refused a driver’s license in this state and, if so, the date of and the reason for the refusal.
(g) Whether the applicant, within the last three years, has experienced, on one or more occasions, either a lapse of consciousness or an episode of marked confusion caused by a condition that may bring about recurrent lapses, or whether the applicant has a disease, disorder, or disability that affects the applicant’s ability to exercise reasonable and ordinary control in operating a motor vehicle upon a highway.
(h) Whether the applicant understands traffic signs and signals.
(i) Whether the applicant has ever previously been issued an identification card by the department.
(j) Any other information that is necessary to enable the department to determine whether the applicant is entitled to a license under this code.
(k) (1) Commencing January 1, 2027, a statement informing the person that they may also need to change their address for purposes of their vehicle registration.
(2) The information described in paragraph (1) shall be given to the person orally if the driver’s license application or renewal is done in person.
(l) The department shall adopt regulations to provide a process for an amendment to a gender category.
(m) This section shall become inoperative on the effective date of a final judicial determination made by a court of appellate jurisdiction that any provision of the act that added this section, or its application, either in whole or in part, is enjoined, found unconstitutional, or held invalid for any reason. The department shall post this information on its internet website.
(n) The information required under Section 12801.3.

SEC. 3.

 Section 12800 of the Vehicle Code, as amended by Section 2 of Chapter 969 of the Statutes of 2022, is amended to read:

12800.
 Each application for an original or a renewal of a driver’s license shall contain all of the following information:
(a) (1) The applicant’s true full name, age, gender category, mailing address, residence address, and social security account number.
(2) The applicant shall choose their gender category of female, male, or nonbinary.
(3) The department shall not require documentation for an original driver’s license applicant’s initial choice of a gender category or a licensed applicant’s request for an amendment to a gender category other than the following:
(A) The applicant’s self-certification of their chosen gender category.
(B) Documentation required by this code and the California Code of Regulations as necessary to establish that an applicant is lawfully entitled to a license.
(b) A brief description of the applicant for the purpose of identification.
(c) A legible print of the thumb or finger of the applicant, which has been confirmed by the department to be on file prior to issuance of a driver’s license.
(d) The type of motor vehicle or combination of vehicles the applicant desires to operate.
(e) Whether the applicant has ever previously been licensed as a driver and, if so, when and in what state or country and whether or not the license has been suspended or revoked and, if so, the date of and reason for the suspension or revocation.
(f) Whether the applicant has ever previously been refused a driver’s license in this state and, if so, the date of and the reason for the refusal.
(g) Whether the applicant, within the last three years, has experienced, on one or more occasions, either a lapse of consciousness or an episode of marked confusion caused by a condition that may bring about recurrent lapses, or whether the applicant has a disease, disorder, or disability that affects their ability to exercise reasonable and ordinary control in operating a motor vehicle upon a highway.
(h) Whether the applicant understands traffic signs and signals.
(i) Whether the applicant has ever previously been issued an identification card by the department.
(j) Any other information that is necessary to enable the department to determine whether the applicant is entitled to a license under this code.
(k) (1) Commencing January 1, 2027, a statement informing the person that they may also need to change their address for purposes of their vehicle registration.
(2) The information described in paragraph (1) shall be given to the person orally if the driver’s license application or renewal is done in person.
(l) The department shall adopt regulations to provide a process for an amendment to a gender category.
(m) This section shall become operative on the effective date of a final judicial determination made by a court of appellate jurisdiction that any provision of the act that added this section, or its application, either in whole or in part, is enjoined, found unconstitutional, or held invalid for any reason. The department shall post this information on its internet website.
(n) The information required under Section 12801.3.

SEC. 4.

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

12801.3.
 (a) An applicant who applies for a driver’s license, identification card, or renewal, who is less than 26 years of age, authorizes the department to register the applicant with the United States Selective Service System in compliance with Section 3 of the Military Selective Service Act (50 U.S.C. Sec. 3802) through the applicant’s signature on the application unless the applicant indicates otherwise, as described in subdivision (b).
(b) (1) The department shall give notice to an applicant who is at least 16 years of age, but less than 26 years of age, that the applicant has a duty under federal law to register with the United States Selective Service System at 18 years of age.
(2) If the applicant is not registered within 30 days after reaching 18 years of age, they shall be informed that they still have an affirmative obligation under federal law to register with the United States Selective Service System before reaching 26 years of age.
(3) The department shall notify the applicant that their signature on an application for a driver’s license, identification card, or renewal constitutes consent to authorize the department to forward the applicant’s information to the United States Selective Service System, registering the applicant with the United States Selective Service System, unless the applicant declines to consent by checking the “Don’t Register” box on the application.
(c) If the applicant is at least 16 years of age, but less than 18 years of age, the department shall notify the applicant that their signature on an application for a driver’s license, identification card, or renewal constitutes consent to authorize the department to register the applicant with the United States Selective Service System upon attaining 18 years of age, as required by federal law, unless the applicant indicates otherwise, as described in subdivision (b).
(d) (1) The department shall notify the applicant that a refusal to consent is not grounds for a denial of an application or renewal of a driver’s license or identification card and that the opportunity to consent to the registration is provided only for the convenience of the applicant.
(2) This notice shall be made through a written document available in English, Spanish, and any other language the department determines.
(e) If an applicant authorizes the department to register the applicant, as described in subdivision (a), the department shall transmit, in an electronic format, only the information necessary for registration of the applicant to the United States Selective Service System.
(f) Refusal to grant authority as provided in this section is not a basis for the department, or any other related government agency, to discriminate against the applicant, including, but not limited to, the denial of driving privileges.
(g) (1) The department shall not compile, develop, or maintain a list of applicants who declined to grant the department authority to transmit their information to the United States Selective Service System unless it is necessary for the administration and operation of the department.
(2) The department shall not distribute or make available to a person, governmental entity, or nongovernmental entity a list of applicants who declined to grant the department authority to transmit their information to the United States Selective Service System.
(h) (1) The department shall initiate and monitor efforts to obtain federal funds for the purposes specified in this section.
(2) The department shall report to the Legislature and the relevant policy committees if it has received the federal funds specified in paragraph (1).
(3) The department shall post on its internet website the date upon which it received the federal funds specified in paragraph (1).
(i) This section does not apply to a driver’s license issued to a person who is unable to submit satisfactory proof that the applicant’s presence in the United States is authorized under federal law.

(i)

(j) Implementation of this section shall be contingent upon the department’s receipt of federal funds to pay ____ dollars ($____) of the initial startup costs to implement this section. in an amount sufficient to pay for all of the initial startup and implementation costs.
(k) This section shall become operative upon completion of the Digital eXperience Platform project described in Item 2740-001-0044 of the Budget Act of 2021 (Chs. 21, 69, and 240, Stats. 2021) or on January 1, 2027, whichever is later.

SEC. 5.

 Section 13000 of the Vehicle Code is amended to read:

13000.
 (a) (1) The department may issue an identification card to any person attesting to the true full name, correct age, and other identifying data as certified by the applicant for the identification card.
(2) The department may not issue a Real ID identification card to a person who holds a Real ID driver’s license.
(3) The department may cancel an identification card in order to enable compliance with paragraph (2).
(b) A person 62 years of age or older may apply for, and the department upon receipt of a proper application therefor shall issue, an identification card bearing the notation “Senior Citizen.”
(c) Every application for an identification card shall be signed and verified by the applicant under penalty of perjury and shall be supported by bona fide documentary evidence of the age and identity of the applicant as the department may require.
(d) Prior to the issuance of an identification card, the department shall confirm that a legible print of the thumb or finger of the applicant is on file with the department.
(e) A person 62 years of age or older, and any other qualified person, may apply for, or possess, an identification card under the provisions of either subdivision (a) or (b), but not under both of those provisions.
(f) Each application for an original or a renewal of an identification card shall contain the information required under Section 12801.3.