Bill Text: VA SB246 | 2024 | Regular Session | Enrolled
Bill Title: Limited-duration licenses and driver privilege cards and permits; extends validity.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Vetoed) 2024-04-17 - Passed by for the day [SB246 Detail]
Download: Virginia-2024-SB246-Enrolled.html
Be it enacted by the General Assembly of Virginia:
1. That §§46.2-328.1, 46.2-328.3, and 46.2-345.3 of the Code of Virginia are amended and reenacted as follows:
§46.2-328.1. Licenses, permits, and special identification cards to be issued only to United States citizens, legal permanent resident aliens, or holders of valid unexpired nonimmigrant visas; exceptions; renewal, duplication, or reissuance.
A. 1. Notwithstanding any other provision of this
title, except as provided in subsection G of §46.2-345, the Department shall
not issue an original license, permit, or special identification card or a
REAL ID credential to any an applicant who has not presented
to the Department, with the application, valid documentary evidence that the
applicant is either (i) a citizen of the United States, (ii) a legal permanent
resident of the United States, (iii) a conditional resident alien of the United
States, (iv) an approved applicant for asylum in the United States, (v) an
entrant into the United States in refugee status, or (vi) a citizen of the
Federated States of Micronesia, the Republic of Palau, or the Republic of the
Marshall Islands, collectively known as the Freely Associated States. For
the purposes of this section, "REAL ID credential" means a "Real
ID Driver's License or Identification Card" as defined by 6 C.F.R. §37.3,
as amended.
2. Notwithstanding subdivision 1 or any other provision of this title, except as provided in subsection G of §46.2-345, the Department may issue an original license, permit, or special identification card that is not a REAL ID credential to an applicant who has presented to the Department, with the application, valid documentary evidence that a federal court or federal agency having jurisdiction over immigration has authorized the applicant to be in the United States. Such a license, permit, or special identification card may be renewed only upon presentation of valid documentary evidence that the status by which the applicant qualified for the license, permit, or special identification card has been extended by a federal court or federal agency having jurisdiction over immigration. This subdivision does not apply to commercial driver's licenses or commercial learner's permits provided under § 46.2-341.12.
B. Notwithstanding the provisions of subsection A and the
provisions of §§46.2-330 and 46.2-345, an applicant who presents in person
valid documentary evidence that a federal court or federal agency having
jurisdiction over immigration has authorized the applicant to be in the United
States or an applicant for a REAL ID credential who provides evidence of
temporary lawful status in the United States as required pursuant to the REAL
ID Act of 2005, as amended, and its implementing regulations may be issued a
limited-duration license, permit, or special identification card REAL
ID credential. An applicant for a commercial driver's license who submits
evidence of lawful status as required by 49 C.F.R. §383.71(f) may be issued a
limited-duration license or REAL ID-compliant limited-duration license. An
applicant for a commercial learner's permit who submits evidence of lawful
status as required by 49 C.F.R. §383.71(f) may be issued a limited-duration
permit not to exceed the validity period authorized in subsection A of §
46.2-341.10. Such limited-duration license, permit, or special
identification card shall be valid only during the period of time of the
applicant's authorized stay in the United States or if there is no definite end
to the period of authorized stay a period of one year. No license, permit, or
special identification card shall be issued if an applicant's authorized stay
in the United States is less than 30 days from the date of application. Any
limited-duration license, permit, or special identification card issued
pursuant to this subsection shall clearly indicate that it is valid for a
limited period and shall state the date that it expires. Such a
limited-duration license, permit, or special identification card may be renewed
only upon presentation of valid documentary evidence that the status by which
the applicant qualified for the limited-duration license, permit, or special
identification has been extended by a federal court or federal agency having
jurisdiction over immigration.
C. Any license, permit, or special identification card for
which an application has been made for renewal, duplication, or reissuance
shall be presumed to have been issued in accordance with the provisions of
subsection A subdivision A 1, provided that, at the time the
application is made, (i) the license, permit, or special identification card
has not expired or been cancelled, suspended, or revoked or (ii) the license,
permit, or special identification card has been canceled or suspended as a
result of the applicant having been placed under medical review by the
Department pursuant to §46.2-322. The requirements of subsection A shall
apply, however, to a renewal, duplication, or reissuance if the Department is
notified by a local, state, or federal government agency that the individual
seeking such renewal, duplication, or reissuance is neither a citizen of the
United States nor legally in the United States.
D. The Department shall cancel any license, permit, or special identification card that it has issued to an individual if it is notified by a federal government agency that the individual is neither a citizen of the United States nor legally present in the United States.
E. For any applicant who presents a document pursuant to this section proving legal presence other than citizenship, the Department shall record and provide to the State Board of Elections monthly the applicant's document number, if any, issued by an agency or court of the United States government.
§46.2-328.3. Driver privilege cards and permits.
A. Upon application of any person who does not meet the requirements for a driver's license or permit under subsection A or B of § 46.2-328.1, the Department may issue to the applicant a driver privilege card or permit if the Department determines that the applicant (i) has reported income and deductions from Virginia sources, as defined in §58.1-302, or been claimed as a dependent, on an individual income tax return filed with the Commonwealth in the preceding 12 months and (ii) is not in violation of the insurance requirements set forth in Article 8 (§46.2-705 et seq.) of Chapter 6.
B. Driver privilege cards and permits shall confer the same privileges and shall be subject to the same provisions of this title as driver's licenses and permits issued under this chapter, unless otherwise provided, and shall be subject to the following conditions and exceptions:
1. The front of a driver privilege card or permit shall be
identical in appearance to a driver's license or permit that is not a REAL ID
credential and the back of the card or permit shall be identical in
appearance to the restriction on the back of a limited-duration license,
permit, or special identification card as defined in §46.2-328.1;
2. An applicant for a driver privilege card or permit shall not be eligible for a waiver of any part of the driver examination provided under §46.2-325;
3. An applicant for a driver privilege card or permit shall not be required to present proof of legal presence in the United States;
4. A driver privilege card or permit shall expire on the
applicant's second birthday following the date of issuance be valid for
the period provided for a driver's license in §46.2-330 or learner's permit in
§46.2-335;
5. The fee for an original driver privilege card or permit
shall be $50. The Department may issue, upon application by the holder of a
valid, unexpired card or permit issued under this section, and upon payment of
a fee of $50, another driver privilege card or permit that shall be valid
for a period of two years from the date of issuance. The amount paid by an
applicant for a driver privilege card or other document issued pursuant to this
chapter shall be considered privileged information for the purposes of §
46.2-208. No applicant shall be required to provide proof of compliance with
clauses (i) and (ii) of subsection A for a reissued, renewed, or duplicate card
or permit; and
6. Any information collected pursuant to this section that is not otherwise collected by the Department or required for the issuance of any other driving credential issued pursuant to the provisions of this chapter and any information regarding restrictions in the Department's records related to the issuance of a credential issued pursuant to this section shall be considered privileged. Notwithstanding the provisions of §46.2-208, such information shall not be released except upon request by the subject of the information, the parent of a minor who is the subject of the information, the guardian of the subject of the information, or the authorized representative of the subject of the information, or pursuant to a court order.
C. The Department shall not release the following information relating to the issuance of a driver privilege card or permit, except upon request by the subject of the information, the parent of a minor who is the subject of the information, the guardian of the subject of the information, or the authorized representative of the subject of the information, or pursuant to a court order, (i) proof documents submitted for the purpose of obtaining a driver privilege card or permit, (ii) the information in the Department's records indicating the type of proof documentation that was provided, or (iii) applications.
The Department shall release only to any federal, state, or local governmental entity, local government group self-insurance pool, law-enforcement officer, attorney for the Commonwealth, or court, or the authorized agent of any of the foregoing, information related to the issuance of a driver privilege card or permit, the release of which is not otherwise prohibited by this section, that is required for a requester to carry out the requester's official functions if the requester provides the individual's name and other sufficient identifying information contained on the individual's record. Any such release shall be in accordance with the requirements of § 46.2-208.
§46.2-345.3. Issuance of identification privilege cards; fee; confidentiality; penalties.
A. Upon application of any person who does not hold a status that is eligible for a special identification card under subsections A and B of §46.2-328.1, the parent of any such person who is under the age of 18, or the legal guardian of any such person, the Department may issue an identification privilege card to any resident of the Commonwealth, provided that:
1. Application is made on a form prescribed by the Department;
2. The applicant presents, when required by the Department, proof of identity, residency, and social security number or individual taxpayer identification number;
3. The Department determines that the applicant has reported income and deductions from Virginia sources, as defined in §58.1-302, or has been claimed as a dependent, on an individual income tax return filed with the Commonwealth in the preceding 12 months; and
4. The applicant does not hold a credential issued under this chapter.
Persons 70 years of age or older may exchange a valid Virginia driver privilege card for an identification privilege card at no fee. Identification privilege cards subsequently issued to such persons shall be subject to the regular fees for identification privilege cards.
B. The fee for the issuance of an original, duplicate, reissue, or renewal identification privilege card is $25. The amount paid by an applicant for an identification privilege card shall be considered privileged information for the purposes of §46.2-208.
C. An original identification privilege card shall expire
on the applicant's fourth birthday following the date of issuance. Duplicate,
reissue, or renewal be valid for the period provided for special
identification cards in §46.2-345. Renewal identification privilege cards
shall be valid for a period of four years from the date of issuance
the period provided for special identification cards in §46.2-345. No
applicant shall be required to provide proof of compliance with subdivision A 3
for a duplicate, reissue, or renewal identification privilege card. Those cards
issued to children under the age of 15 shall expire on the child's sixteenth
birthday.
Notwithstanding the provisions of this subsection, the Commissioner may extend the validity period of an expiring card if (i) the Department is unable to process an application for renewal due to circumstances beyond its control and (ii) the extension has been authorized under a directive from the Governor. However, in no event shall the validity period be extended more than 90 days per occurrence of such conditions.
D. An identification privilege card issued under this section
may be similar in size, shape, and design to a driving credential and include a
photograph of its holder, but the card shall be readily distinguishable from a
driving credential and shall clearly state that it does not authorize the
person to whom it is issued to drive a motor vehicle. Every applicant for an
identification privilege card shall appear in person before the Department to
apply for a renewal, duplicate, or reissue unless specifically permitted by the
Department to apply in another manner. The front of an identification privilege
card shall be identical in appearance to a special identification card issued
under §46.2-345, and the back of the card shall be identical in appearance
to the restriction on the back of a limited-duration special identification
card.
E. Identification privilege cards, for persons at least 15 years old but younger than 21 years old, shall be immediately and readily distinguishable from those issued to persons 21 years old or older. Distinguishing characteristics shall include unique design elements of the credential and descriptors within the photograph area to identify persons who are at least 15 years old but younger than 21 years old. These descriptors shall include the month, day, and year when the person will become 21 years old.
F. Identification privilege cards for persons under age 15 shall bear a full-face photograph. The identification card issued to persons under age 15 shall be readily distinguishable from a driving credential and from other identification cards issued by the Department. Such cards shall clearly indicate that it does not authorize the person to whom it is issued to drive a motor vehicle.
G. Any information collected pursuant to this section that is not otherwise collected by the Department or required for the issuance of any other special identification card issued pursuant to the provisions of this chapter and any information regarding restrictions in the Department's records related to the issuance of a credential issued pursuant to this section shall be considered privileged. Notwithstanding the provisions of §46.2-208, such information shall not be released except upon request by the subject of the information, the parent of a minor who is the subject of the information, the guardian of the subject of the information, or the authorized representative of the subject of the information or pursuant to a court order.
The Department shall release to any federal, state, or local governmental entity, local government group self-insurance pool, law-enforcement officer, attorney for the Commonwealth, or court, or the authorized agent of any of the foregoing, information related to the issuance of an identification privilege card, the release of which is not otherwise prohibited by this section, that is required for a requester to carry out the requester's official functions if the requester provides the individual's name and other sufficient identifying information contained on the individual's record. Any such release shall be in accordance with the requirements of § 46.2-208.
H. Any person who uses a false or fictitious name or gives a false or fictitious address in any application for an identification privilege card or knowingly makes a false statement or conceals a material fact or otherwise commits a fraud in any such application is guilty of a Class 2 misdemeanor. However, where the name or address is given, or false statement is made, or fact is concealed, or fraud committed, for the purpose of committing any offense punishable as a felony, a violation of this section shall constitute a Class 4 felony.
I. When requested by the applicant, the applicant's parent if the applicant is a minor, or the applicant's guardian, and upon presentation of a signed statement by a licensed physician confirming the applicant's condition, the Department shall indicate on the applicant's identification privilege card that the applicant has any condition listed in subsection K of § 46.2-342 or that the applicant is blind or vision impaired.
J. The Department shall establish a method by which an applicant for an original, reissued, or renewed identification privilege card may indicate his blood type. If the applicant chooses to indicate his blood type, the Department shall make a notation of this designation on his identification privilege card and in his record. Such notation on the special identification card shall only be used by emergency medical services agencies in providing emergency medical support. Upon written request of the license holder or his legal guardian to have the designation removed, the Department shall issue the identification privilege card without such designation upon the payment of applicable fees.
Notwithstanding any other provision of law, the Department shall not disclose any data collected pursuant to this subsection except to the subject of the information and by designation on the identification privilege card. Nothing herein shall require the Department to verify any information provided for the designation. No action taken by any person, whether private citizen or public officer or employee, with regard to any blood type designation displayed on an identification privilege card, shall create a warranty of the reliability or accuracy of the document or electronic image, nor shall it create any liability on the part of the Commonwealth or of any department, office, or agency or of any officer, employee, or agent thereof.
K. Unless the context of the Code provides otherwise, an identification privilege card shall be treated as a special identification card.
