HB 638 Driver's licenses, commercial driver's licenses, etc.
James K. O'Brien, Jr. | all patrons    ...    notes
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Summary as passed: (all summaries)
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.

Full text:
01/09/02  House: Presented & ordered printed, prefiled 01/08/02 023428872  pdf | impact statement
02/09/02  House: Committee substitute printed 028075872-H1  pdf | impact statement
03/01/02  Senate: Committee substitute printed 028100872-S1  pdf
03/12/02  House: Conference substitute printed 028117872-H2  pdf
03/15/02  House: Bill text as passed House and Senate (HB638ER)  pdf | impact statements
04/08/02  Governor: Acts of Assembly Chapter text (CHAP0767)  pdf

Amendments:
Conference amendments

Status:
01/09/02  House: Presented & ordered printed, prefiled 01/08/02 023428872
01/09/02  House: Referred to Committee on Transportation
01/17/02  House: Assigned to Tra. sub-committee: 2
02/05/02  House: Reported from Tra. w/sub (21-Y 1-N)
02/05/02  House: Referred to Committee for Courts of Justice
02/08/02  House: Reported from C. J. with substitute (22-Y 0-N)
02/09/02  House: Committee substitute printed 028075872-H1
02/09/02  House: Read first time
02/11/02  House: Read second time
02/11/02  House: Committee substitute agreed to 028075872-H1
02/11/02  House: Engrossed by House - committee substitute 028075872-H1
02/12/02  House: Read third time and passed House (95-Y 3-N)
02/12/02  House: VOTE: PASSAGE (95-Y 3-N)
02/12/02  House: Communicated to Senate
02/13/02  Senate: Constitutional reading dispensed
02/13/02  Senate: Referred to Committee on Transportation
02/28/02  Senate: Reported from Transportation w/sub (14-Y 0-N)
03/01/02  Senate: Committee substitute printed 028100872-S1
03/04/02  Senate: Const. reading disp., passed by for the day (40-Y 0-N)
03/04/02  Senate: VOTE: CONST. RDG. DISPENSED R (40-Y 0-N)
03/05/02  Senate: Read third time
03/05/02  Senate: Reading of substitute waived
03/05/02  Senate: Committee substitute agreed to 028100872-S1
03/05/02  Senate: Engrossed by Senate - committee substitute 028100872-S1
03/05/02  Senate: Passed Senate with substitute (39-Y 0-N)
03/05/02  Senate: VOTE: PASSAGE R (39-Y 0-N)
03/05/02  Senate: Rec. of Sen. passage agreed to by Senate (39-Y 0-N)
03/05/02  Senate: VOTE: RECONSIDER R (39-Y 0-N)
03/05/02  Senate: Passed Senate with substitute (39-Y 0-N)
03/05/02  Senate: VOTE: PASSAGE R (39-Y 0-N)
03/06/02  House: Placed on Calendar
03/06/02  House: Senate substitute rejected by House (13-Y 85-N)
03/06/02  House: VOTE: REJECTED (13-Y 85-N)
03/07/02  Senate: Senate insisted on substitute (40-Y 0-N)
03/07/02  Senate: VOTE: INSIST & REQUEST (40-Y 0-N)
03/07/02  Senate: Senate requested conference committee
03/07/02  House: House acceded to request
03/07/02  House: Conferees appointed by House
03/07/02  House: Delegates: O'Brien, McDougle, Johnson
03/07/02  Senate: Conferees appointed by Senate
03/07/02  Senate: Senators: Watkins, Rerras, Puckett
03/09/02  Senate: Reading of conference report waived
03/09/02  Senate: Conference report agreed to by Senate (40-Y 0-N)
03/09/02  Senate: VOTE: CONF. COMMITTEE RPT. (40-Y 0-N)
03/09/02  House: Conference report agreed to by House (94-Y 4-N)
03/09/02  House: VOTE: ADOPTION (94-Y 4-N)
03/12/02  House: Conference substitute printed 028117872-H2
03/15/02  House: Bill text as passed House and Senate (HB638ER)
03/18/02  House: Enrolled
03/18/02  House: Signed by Speaker
03/19/02  Senate: Signed by President
04/07/02  Governor: Approved by Governor-Chapter 767 (effective 7/1/02)
04/08/02  Governor: Acts of Assembly Chapter text (CHAP0767)