GOVERNOR'S RECOMMENDATION

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46.2-323,

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46.2-330,

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46.2-343,

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46.2-323,

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46.2-330,

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46.2-343,

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may

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shall

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the remainder of line 27 through birth on line 28

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the remainder of line 28 through apply on line 30

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all of lines 31 through 34

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all of lines 35 through 37

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either (i)

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the remainder of line 38 through residency on line 39

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of Virginia residency

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of Virginia residency

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A. Notwithstanding any provision of this chapter, effective January 1, 2010, (i) the Commissioner shall comply with the minimum standards of the federal REAL ID Act of 2005 (Division B of the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief, 2005 [Public Law 109-13, 119 Stat. 302] codified at 49 U.S.C. 30301 Note, as amended as of January 1, 2009) and the federal regulations promulgated thereunder; and (ii) all driver's licenses, permits and special identification cards issued by the Commissioner of the Department of Motor Vehicles pursuant to this chapter shall comply with the minimum standards of the federal REAL ID Act of 2005 (as amended as of January 1, 2009) and the federal regulations promulgated thereunder, except as otherwise provided in this section.

B. Notwithstanding any other provision of this chapter, except as otherwise provided in this section, effective January 1, 2010, every applicant for a driver's license, permit, or special identification card, or for the renewal thereof, or for the reissuance thereof, or for the issuance of a duplicate thereof, shall be required by the Commissioner to apply in person for such issuance, renewal, reissuance or duplicate license, permit or special identification card, and the Commissioner shall require every applicant who applies in person to be photographed and to sign his usual signature as required by the Department and to present documents as proof of his or her (i) identity, (ii) date of birth, (iii) lawful status in the United States (iv) address of principal residence, which must be an address in Virginia, and (v) social security number or, if a foreign national without a social security number, non-work authorized status in the United States. As proof of lawful status in the United States, the applicant shall present documentary evidence of legal presence as required by § 46.2-328.1, together with any other evidence of lawful status required by the federal REAL ID Act of 2005 (as amended as of January 1, 2009) and the federal regulations promulgated thereunder.

C. The Commissioner may waive the requirements of subsection B if the records of the Department show that the applicant has previously complied with all such requirements, subsequent to January 1, 2010, and all the documents presented to the Department at that time were fully verified by the Department as required by the federal REAL ID Act and regulations, and copies of all such source documents were retained by the Department as required by the federal REAL ID Act and regulations, and the applicant provides proof that he or she is the same person who previously complied with such requirements.

D. The Commissioner may waive the requirements of subsection B if the applicant was born on or before December 1, 1964, and applies prior to December 1, 2014, for a renewal, duplicate or reissued driver's license, permit or special identification card, provided the applicant is eligible to apply otherwise than in person and elects to apply otherwise than in person, and provided further that such a waiver for applicants born on or before December 1, 1964 is permitted under the federal REAL ID Act and regulations and such a waiver will not result in some Virginians having an unexpired Virginia driver's license or special identification card that is not acceptable for official purposes by federal officials on or after December 1, 2017, even though Virginia is in compliance with the federal REAL ID Act and regulations.

E. The Commissioner may waive the requirements of subsection B if the application is for a motorcycle learner's permit, commercial driver's instruction permit or special identification card issued to a minor under age 15.  The requirements of the federal REAL ID Act of 2005 and of the federal regulations promulgated thereunder shall not apply to a motorcycle learner's permit, commercial driver's instruction permit, temporary driver's permit issued pursuant to § 46.2-344 or special identification card issued to a minor under age 15. The Department shall issue such permits and cards to be readily identifiable as not REAL ID compliant.

F. The Department shall establish a process for persons who, for reasons beyond their control, are unable to provide all necessary documents required pursuant to this section for driver's licenses, permits, and special identification cards and must rely on alternate documents to establish identity, date of birth, lawful status in the United States, address of principal residence, Virginia residency, and social security number or non-work authorized status. Effective January 1, 2010, alternative documents to demonstrate lawful status will only be allowed to demonstrate United States citizenship.

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B.

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G.

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D.

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, which shall include the applicant's certification of Virginia residency,

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the remainder of line 125 and all of lines 126 through 129

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including but not limited to a birth certificate

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legal presence, residency, and social security number

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the remainder of line 303 and all of lines 304 through 307

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pending the issuance to such person of a driver's license

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of issuance

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the permit is issued

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social security number;

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a birth certificate or other evidence acceptable to the Department of his name and date of birth

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2. The Commissioner of the Department of Motor Vehicles shall take all actions necessary to be in compliance as of January 1, 2010 with the minimum standards of the federal REAL ID Act of 2005 (Division B of the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief, 2005 [Public Law 109-13, 119 Stat. 302] codified at 49 U.S.C. 30301 Note, as amended as of January 1, 2009) and the federal regulations promulgated thereunder by the Department of Homeland Security. However, except for amendments, regulations, standards, or any other federal action that relate solely to funding for the Act and its implementation, any statutory or regulatory requirements imposed after April 1, 2009 by the United States Congress or by the federal Department of Homeland Security or any other federal agency that have the effect of expanding or increasing the minimum standards of the Act for compliance with the Act, shall not be implemented by the Governor or by any agency of the Commonwealth without the prior approval of the General Assembly. Furthermore, if the required federal deadline for material compliance with the federal Act is extended beyond July 1, 2010, the Department of Motor Vehicles shall notify the General Assembly of such extension.

3. Effective January 1, 2010, the provisions of subsections C and D of § 46.2-328.1 of the Code shall expire.

4. The provisions of this chapter enacting subsections A through F of § 46.2-323.01 and the third enactment clause of this chapter shall expire or shall be repealed in the event of the repeal of the federal REAL ID Act.