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2002 SESSION

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HB 638 Driver's licenses, commercial driver's licenses, etc.

Introduced by: James K. O'Brien, Jr. | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED:

Driver's licenses, etc. Provides that obtaining, aiding in obtaining, or possessing a Virginia driver’s license, special identification card, vehicle registration, certificate of title or other document issued by the Department of Motor Vehicles (DMV) constitutes a Class 2 misdemeanor if the violation involved obtaining or possession of the document for purposes of engaging in an age-limited activity (such as obtaining, possessing, or consuming alcoholic beverages) but constitutes a Class 6 felony if the violation was committed for other purposes. The bill also allows persons moving to Virginia from another state or country sixty days (instead of thirty days) to obtain Virginia driver’s licenses.

The bill prohibits the use of immigration visas and written statements (whether notarized or not) wherein another person “vouches” for the Virginia residency of an applicant for a Virginia driver’s license, commercial driver’s license, temporary driver’s permit, learner’s permit, motorcycle learner’s permit, or special identification card. For applicants less than nineteen years old, however, proof that the applicant’s parent or guardian is a Virginia resident may be accepted as evidence of the applicant’s Virginia residency.

With certain exceptions (most notably for military personnel stationed outside Virginia and persons residing outside of Virginia in connection with their employment), the bill requires DMV to cancel the Virginia driver’s licenses, commercial driver’s license, and special identification cards or persons who change their address to a non-Virginia address.

Under this legislation, no person who holds a Virginia driver’s license, commercial driver’s license, temporary driver’s permit, learner’s permit, or motorcycle learner’s permit would be allowed to hold a special identification card issued by DMV.

The legislation requires the DMV Commissioner, no later than December 1, 2002, to report to the Chairmen of the House and Senate Transportation Committees regarding the need for further modification or enhancement to the identity and residency requirements in the application process for Virginia driver’s licenses, commercial driver’s licenses, learner’s permits, temporary driver’s permits and special identification cards. The report specifically must include an assessment of the feasibility and effectiveness of requiring applicants for DMV documents to prove their legal presence in the United States.

This bill incorporates HB 14 and HB 415 and is the same as SB 162.

SUMMARY AS PASSED HOUSE:

Driver's licenses. Requires applicants for new driver's licenses, commercial driver's licenses, temporary driver's permits, learner's permits, motorcycle learner's permits, and special identification cards on or after July 1, 2002, to submit dual proofs of their name, date of birth, as well as proof of Virginia residency and either U.S. citizenship or lawful presence in the United States, and must apply in person. If the person is not a citizen, he must prove his presence in the U.S. is lawful. His license will expire when his lawful presence in the U.S. expires. This bill incorporates HB 14 (Rollison) and HB 415 (Hamilton).

SUMMARY AS INTRODUCED:

Driver's licenses, commercial driver's licenses, temporary driver's permits, learner's permits, motorcycle learner's permits, and special identification cards. Requires applicants for driver's licenses, commercial driver's licenses, temporary driver's permits, learner's permits, motorcycle learner's permits, and special identification cards to submit proof of their name, date of birth, Virginia residency, and either U.S. citizenship or lawful presence in the United States.