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2003 SESSION

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SB 767 Driver's licenses, permits and special identification cards.

Introduced by: Jay O'Brien | all patrons    ...    notes | add to my profiles

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 that on and after July 1, 2003, every applicant for a driver's license, commercial driver's license, temporary driver's permit, learner's permit, motorcycle learner's permit, or special identification card must apply for it in person. Except for persons less than 19 years old and others to whom the Commissioner of the Department of Motor Vehicles (DMV) may grant a waiver, every original application must be accompanied by at least two documentary proofs of the applicant's name and date of birth (at least one of which must include a photograph of the applicant). Both documents must be original documents. A birth certificate issued by a state of the United States or a political subdivision of any state of the United States is one acceptable proof of the applicant's name and date of birth. The DMV Commissioner may accept translations of non-English language documents whose authenticity is certified by the United States Department of State or a U.S. embassy or consulate. If the applicant is a citizen of the United States he must (i) so certify on a form provided by the Commissioner, (ii) submit proof or proofs of citizenship in a number and form satisfactory to the Commissioner, and (iii) submit a birth certificate or other proof satisfactory to the Commissioner of his name and date of birth. However, once this certification has been made, these proofs of citizenship, name, and date of birth have been provided, and the applicable document has been duly issued by the Department, that document will be sufficient proof of United States citizenship when applying for other permits and documents issued by the Department.

Further, the bill provides that on and after July 1, 2003, every applicant for a driver's license, commercial driver's license, temporary driver's permit, learner's permit, motorcycle learner's permit, or special identification card must apply for it in person and, if he is not a citizen of the United States, he must (i) certify, on a form prescribed by the Commissioner, that his presence in the United States is in conformity with federal law, (ii) submit proof or proofs, in a number and form satisfactory to the Commissioner, that his presence in the United States is in conformity with federal law, (iii) submit proof or proofs, in a number and form satisfactory to the Commissioner, of his immigration status, including, but not limited to, his visa or other document authorizing his presence in the United States, and (iv) submit a birth certificate or other proof satisfactory to the Commissioner of his name and date of birth. However, once these requirements have been met, and the applicable document has been issued by the Department, these provisions will not apply to persons who are not citizens of the United States but have submitted proof that they have been granted permanent status in the United States by an appropriate federal agency. Nevertheless, these provisions will continue to apply to any application for a driver's license, commercial driver's license, temporary driver's permit, learner's permit, motorcycle learner's permit, special identification card or renewal thereof, when the applicant is not a citizen of the United States and his presence in the United States is subject to a visa or other temporary status document issued by an appropriate federal agency.

No driver's license, commercial driver's license, temporary driver's permit, learner's permit, motorcycle learner's permit, or special identification card issued to any applicant will be (i) valid for a length of time that exceeds the length of time during which the applicant is permitted by federal law to be present in the United States or (ii) issued to any person whose presence in the United States is not in conformity with federal law. No driver's license, commercial driver's license, temporary driver's permit, learner's permit, motorcycle learner's permit, or special identification card will be issued to any applicant when the length of time he is permitted by federal law to be present in the United States is less than one year; however, the Commissioner may waive this prohibition on a case-by-case basis for good cause shown.

Every driver's license, commercial driver's license, temporary driver's permit, learner's permit, motorcycle learner's permit, and special identification card issued to a person who is not a United States citizen must state on its face either that the person to whom it is issued is a permanent immigrant or that he is a temporary immigrant.

Every applicant for a driver's license, commercial driver's license, temporary driver's permit, learner's permit, motorcycle learner's permit, or special identification card must also certify that he is a resident of the Commonwealth by signing a certification statement, on a form prescribed by the Commissioner, and by providing satisfactory proof that he is a resident of the Commonwealth. No driver's license, commercial driver's license, temporary driver's permit, learner's permit, motorcycle learner's permit, or special identification card will be issued to or renewed for any person who is not a resident of Virginia. The Commissioner may adopt regulations to determine the process by which applicants prove that they are residents of the Commonwealth. The Commissioner may, on a case-by-case basis, waive any provision of these regulations for good cause shown, provided that, neither an immigration visa nor a signed written statement, whether or not such statement is notarized, wherein the maker of the statement vouches for the Virginia residency of the applicant, will be an acceptable proof of Virginia residency.

If the applicant is a minor, the applicant's parent or guardian must also certify that the applicant is a resident by signing the certification. Any minor providing proper evidence of the solemnization of his marriage or a certified copy of a court order of emancipation will not be required to provide the parent's certification of residence.

If the DMV Commissioner receives from any court or any state or federal law-enforcement agency reliable and convincing evidence or information that the presence in the United States of any person to whom a Virginia driver's license, commercial driver's license, temporary driver's permit, learner's permit, motorcycle learner's permit, or special identification card has been issued is no longer in conformity with federal law, the Commissioner will suspend any of these documents and provide notice of the suspension to the person's most recent address as shown in the records of the Department. If the person has not, within 60 days, provided to the Commissioner proof or proofs, in a number and form satisfactory to the Commissioner, that his presence in the United States is in conformity with federal law, the Commissioner will revoke the person's driver's license, commercial driver's license, temporary driver's permit, learner's permit, motorcycle learner's permit, or special identification card.

The provisions of the bill, with a very few exceptions, do not apply to renewals, only to original issues of the covered DMV documents.


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