H. B. 3040
(By Delegate R. M. Thompson)
[Introduced March 27, 2001; referred to
the Committee on Roads and Transportation then Finance.]
A BILL to amend chapter seventeen-b of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, by adding
thereto a new article, designated article two-a, relating to
requiring persons between the ages of eighteen and twenty-six
years, who are licensed under the provisions of this chapter
to comply with the registration requirements of the selective
service system.
Be it enacted by the Legislature of West Virginia:
That chapter seventeen-b of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, be amended by adding
thereto a new article, designated article two-a, to read as
follows:
AARTICLE 2A. REQUIREMENT OF COMPLIANCE WITH SELECTIVE SERVICE
REGISTRATION.
§17B-2A-1. Legislative intent.
It is the intent of the Legislature in enacting this article
to protect state residents from the penalties associated with
failing to register with the United States selective service system
and to help ensure that any future draft is fair and equitable to
all potential draftees.
The Legislature finds and declares that the penalties
associated with noncompliance are severe, including, but not
limited to, a felony conviction and forfeiture of the ability to
seek state employment from certain state agencies and departments.
In addition, failure to register may permanently preclude the
violator from acquiring many federal benefits, such as federal
employment, including employment with the United States postal
service, federal and state student financial assistance,
participation in federally funded job training programs and
eligibility for United States citizenship for immigrants seeking
citizenship.
Therefore, in recognition of the severe consequences of
noncompliance and the importance of helping ensure that any future
draft is fair and equitable, it is the intent of the Legislature to
notify state residents of their responsibility to register with
selective service and to provide them the opportunity to register
concurrent with applying for a driver's license or identification
card.
§17B-2A-2. Persons required to comply with registration requirements of military selective service act.
(a) Any male citizen of the United States or immigrant who is
at least eighteen years of age but less than twenty-six years of
age shall register in compliance with the requirements of section
three of the "Military Selective Service Act", 50 U. S. C. App. 451
et seq., when applying to receive a driver's license, renewal or
identification card or renewal under this chapter.
(b) The division of motor vehicles shall forward in an
electronic format the necessary personal information required for
registration of the applicants identified in subsection (a) of this
section to the selective service system. The applicant's
submission of the application serves as an indication that the
applicant has already registered with the selective service or that
he is authorizing the division to forward to the selective service
the necessary information for registration. The division shall
notify the applicant on the application that his submission of the
application serves as his consent to be registered with the
selective service system, if so required by federal law.
(c) The provisions of this article apply to male citizens of
the United States or immigrants under the age of twenty-six years
who are applying for issuance, renewal or duplicate of an
instruction permit, a driver's license, a provisional driver's
license, a commercial driver's license or an identification card on
or after the effective date of this article.
NOTE: The purpose of this bill is to
require persons between
the ages of eighteen and twenty-six years who are licensed under
the provisions of chapter 17B to comply with the registration
requirements of the selective service system.
This article is new; therefore, strike-throughs and
underscoring have been omitted.