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Engrossed Version Senate Bill 438 History

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ENGROSSED

Senate Bill No. 438

(By Senators Wooton, Bailey and Hunter)

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[Introduced January 29, 2002; referred to the Committee

on the Judiciary.]

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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.

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