Virginia 2024 Regular Session Status: Enacted

SB 246 — Limited-duration licenses and driver privilege cards and permits; extends validity.

Last action — Passed by for the day

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House of Delegates
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 09, 2024. Enacted.

Signed by Governor Glenn Youngkin (Republican) on March 07, 2024.

Prognosis

Likely to advance 76% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 4 sponsors

    1 primary, 3 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 5 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Limited-duration licenses and driver privilege cards and permits; expiration. Extends the validity of limited-duration licenses, driver privilege cards and permits, and identification privilege cards, other than REAL ID credentials and commercial driver's licenses and permits, to a period of time consistent with the validity of driver's licenses, which, under current law, is a period not to exceed eight years or, for a person age 75 or older, a period not to exceed five years, and permits and special identification cards. The bill directs the Department of Motor Vehicles to implement the extended validity periods for such documents upon reissuance. This bill is identical to HB 1454.

Bill Text

What changed in the latest version

199 added · 193 removed

Plain-language change summary

The recent amendment to Bill SB 246 clarifies the criteria for issuing limited-duration licenses and driver privilege cards in Virginia. Specifically, it now explicitly states the types of documentation that applicants must provide to prove their eligibility, such as being a U.S. citizen or a legal permanent resident. This change is important because it aims to clearly define who qualifies for these licenses, ensuring that only eligible individuals can obtain driver credentials, which may enhance security and compliance with federal regulations.

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SESSION SENATE SUBSTITUTE 24106668D SENATE BILL NO.
SESSION ENROLLED VIRGINIA ACTS OF ASSEMBLY –– CHAPTER E An Act to amend and reenact §§ 46.2-328.1, 46.2-328.3, and 46.2-345.3 of the Code of Virginia, N relating to limited-duration licenses and driver privilege cards and permits;
246 AMENDMENT IN THE NATURE OF A SUBSTITUTE (Proposed by the Senate Committee on Transportation on February 1, 2024) (Patron Prior to Substitute––Senator McPike) A BILL to amend and reenact §§ 46.2-328.1, 46.2-328.3, and 46.2-345.3 of the Code of Virginia, Be it enacted by the General Assembly of Virginia:rivilege cards and permits;
R O [S 246] Approved L L Be it enacted by the General Assembly of Virginia:
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:
That §§ 46.2-328.1, 46.2-328.3, and 46.2-345.3 of the Code of Virginia are amended and E reenacted as follows:
§ 46.2-328.1.
D States citizens, legal permanent resident aliens, or holders of valid unexpired nonimmigrant visas;
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;
excA.
renewal, duplication, or reissuance.
A.
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 the Marshall Islands, collectively known as the Freely Associated States.
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 StateB, (iv) an approved applicant for asylum in the United States, (v) an entrant into the United States in re4ugee the Marshall Islands, collectively known as the Freely Associated States.
For the purposes of thisublic of section, "REAL ID credential" means a "Real ID Driver's License or Identification Card" as defiTed by 6 C.F.R.
For the purposes of tEisublic of section, "REAL ID credential" means a "Real ID Driver's License or Identification Card" as defined by 6 C.F.R.
Notwithstanding subdivision 1 or any other provision of this title, except as provided inEsubsection 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 immigration has authorized the applicant to be in the United States.
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 beUn extended by a federal court or federal agency having jurisdiction over immigration.
Such a license, permit, or special 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 doeB not apply to commercial driver's licenses or commercial learner's permits provided under § 46.2-341.12.
This subdivision does not apply to commercial driver's licenses or commercial learner's permits provided under § 46.2-341.12.
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 :
B.
36 applicant for a REAL ID credential who provides evidence of temporary lawful status in the United 37 States as required pursuant to the REAL ID Act of 2005, as amended, and its implementing regulations 38 may be issued a limited-duration license, permit, or special identification card REAL ID credenTial.
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 applicant for a commercial driver's license who submits evidence of lawful status as required by 49.
An 39 applicant for a commercial driver's license who submits evidence of lawful status as required bU 49 license.
An C.F.R.
An applicant for a commercial learner's permit who submits evidence of lawful status asn 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.
Such limited-duration license, permit, or sEecial 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.
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 United States is less than 30 days from the date of application.
No license, permit, or special identification card shall be issued if an applicant's authorized stay in the 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.
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.
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 identificStion has been extended by a federal court or federal agency having jurisdiction over immigration.
C.
2 renewal, duplication, or reissuance shall be presumed to have been issued in accordance with the for 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.
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 (ii) the license, permit, or special identification card has been canceled or suspended as a result of ther 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 SB246S1 2 of 4 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.
The of 4 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.
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 of 4 ide1.
Upon application of any person who does not hold a status that is eligible for a special of 4 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 E identification privilege card to any resident of the Commonwealth, provided that:
Application is made on a form prescribed by the Department;, provided that:
1.
2.
Application is made on a form prescribed by the Department;
The applicant presents, when required by the Department, proof of identity, residency, and social security number or individual taxpayer identification number;
N 2.
3.
The applicant presents, when required by the Department, proof of identity, residency, anR social security number or individual taxpayer identification number;
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 ret4.
sources, as defined in § 58.1-302, or has been claimed as a dependent, on an individual income taxa return filed with the Commonwealth in the preceding 12 months;
and L 4.
Persons 70 years of age or older may exchange a valid Virginia driver privilege card for an identification privilege card at no fee.
Persons 70 years of age or older may exchange a valid Virginia driver privilege card for an L 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.
Identification privilege cards subsequently issued to Euch persons shall be subject to the regular fees for identification privilege cards.
The fee for the issuance of an original, duplicate, reissue, or renewal identification privilege card privileged information for the purposes of § 46.2-208.ication privilege card shall be considered C.
The fee for the issuance of an original, duplicate, reissue, or renewal identification privilege card is $25.
An original identification privilege card shall expire on the applicant's fourth birthday following the date of issuance.
The amount paid by an applicant for an identification privilege card shall be considered privileged information for the purposes of § 46.2-208.
Duplicate, reissue, or renewal be valid for the period provided for special identification cards in § 46.2-345.
the date of issuance.
Duplicate, reissue, or renewal be valid for the period provided for specialollowing identification cards in § 46.2-345.
reissue, or renewal identification privilege card.
No applicant shall be required to provide proof of compliance with subdivision A 3 for a duplicSte, reissue, or renewal identification privilege card.
Those cards issued to children under the ageNof 15 shall expire on the child's sixteenth birthday.
Those cards issued to children under the age2of 15 shall expire on the child's sixteenth birthday.
Notwithstanding the provisions of this subsection, the Commissioner may extend the validity Aeriod 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 fTom the of such conditions.in no event shall the validity period be extended more than 90 days per occurrence D.
6 Notwithstanding the provisions of this subsection, the Commissioner may extend the validity Reriod 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.
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However, in no event shall the validity period be extended more than 90 days per occurrence of D.
Every applicant for an identification privilege carS shall permitted by the Department to apply in another manner.
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 cardlly 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.
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.
S E.
be immediately and readily distinguishable from those issued to persons 21 years old or older.ars old, shall 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.
Identification privilege cards, for persons at least 15 years old but younger than 21 years old, shall 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.
These descriptors shall include the month, day, and year when the person will become 21 yeTrs old.
The identification card issued to persons under age 15 shall be readily distinguishable from a driving that it does not authorize the person to whom it is issued to drive a motor vehicle.shall clearTy indicate G.
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.
Any information collected pursuant to this section that is not otherwise collected by theE 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.
Such cards shall clearly indicate that it does not authorize the person to whom it is issued to drive a motor vehicle.
by the subject of the information, the parent of a minor who is the subject of the information, thequest guardian of the subject of the information, or the authorized representative of the subject of the information or pursuant to a court order.
G.
The Department shall release to any federal, state, or local governmental entity, local goveSnment group self-insurance pool, law-enforcement officer, attorney for the Commonwealth, or court, or2the 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 individ1al's name and other sufficient identifying information contained on the individual's record.
Any information collected pursuant to this section that is not otherwise collected by 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.
Any such release shall be in accordance with the requirements of § 46.2-208.
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.
H.
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 other sufficient identifying information contained on the individual's record.
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 SB246S1 4 of 4 material fact or otherwise commits a fraud in any such application is guilty of a Class 2 misdemeanor.
Any such release shall be innd accordance with the requirements of § 46.2-208.
of 4 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.
View plain text versions (3)

Action History

  1. Passed by for the day

  2. Vetoed by Governor

  3. Governor's Action Deadline 11:59 p.m., April 8, 2024

  4. Enrolled Bill Communicated to Governor on March 11, 2024

  5. Signed by President

  6. Impact statement from DPB (SB246ER)

  7. Signed by Speaker

  8. Bill text as passed Senate and House (SB246ER)

  9. Enrolled

  10. VOTE: Passage (53-Y 44-N)

  11. Passed House (53-Y 44-N)

  12. Read third time

  13. Read second time

  14. Reported from Transportation (13-Y 9-N)

  15. Referred to Committee on Transportation

  16. Read first time

  17. Placed on Calendar

  18. Read third time and passed Senate (21-Y 19-N)

  19. Engrossed by Senate - committee substitute SB246S1

  20. Committee substitute agreed to 24106668D-S1

  21. Reading of substitute waived

  22. Read second time

  23. Constitutional reading dispensed (39-Y 0-N)

  24. Committee substitute printed 24106668D-S1

  25. Reported from Transportation with substitute (8-Y 7-N)

  26. Impact statement from DPB (SB246)

  27. Senate committee, floor amendments and substitutes offered

  28. Referred to Committee on Transportation

  29. Prefiled and ordered printed; offered 01/10/24 24104979D

Sponsors

Sponsorship breakdown

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1 sponsors · 3 co-sponsors · 144 not signed on · 63 voted No

Sponsors (1)

Not signed on (144)

144 members have not signed on to this bill.

Show all 144 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

VOTE: Passage (53-Y 44-N)

Passed 52 Yea · 44 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 524403
Total 524403
% of votes cast 53%44%0%3%
How each member voted (99)
Member Party Vote
Adele Y. McClure — Yea
Alex Q. Askew — Yea
Alfonso H. Lopez — Yea
Amy J. Laufer — Yea
Anne Ferrell Tata — Nay
Arnold, Jonathan, E. P. — Nay
Atoosa R. Reaser — Yea
Batten, Amanda E. — Nay
Betsy B. Carr — Yea
Bill Wiley — Nay
Bonita G. Anthony — Yea
Briana D. Sewell — Yea
Bulova, David L. — Yea
C.E. Cliff Hayes, Jr. — Yea
Charniele L. Herring — Yea
Chris S. Runion — Nay
Convirs-Fowler, Kelly K. — Yea
Cordoza, A.C. — Nay
Coyner, Carrie E. — Yea
Dan I. Helmer — Yea
David A. Reid — Yea
Debra D. Gardner — Yea
Delores L. McQuinn — Yea
Delores Oates — Not Voting
Earley, Mark L., Jr. — Nay
Elizabeth B. Bennett-Parker — Yea
Ellen H. McLaughlin — Nay
Ennis, N. Baxter — Not Voting
Eric Phillips — Nay
Eric R. Zehr — Nay
Fowler, Hyland F."Buddy," Jr. — Nay
Freitas, Nicholas J. — Nay
Gilbert, C. Todd — Nay
Green, W. Chad — Nay
H. Otto Wachsmann, Jr. — Nay
Higgins, Geary — Nay
Holly M. Seibold — Yea
Irene Shin — Not Voting
Israel D. O'Quinn — Nay
Jackie H. Glass — Yea
James A. "Jay" Leftwich — Nay
James W. Morefield — Nay
Jason S. Ballard — Nay
Jeion A. Ward — Yea
Joseph P. McNamara — Nay
Joshua E. Thomas — Yea
Joshua G. Cole — Yea
Kannan Srinivasan — Yea
Karen Keys-Gamarra — Yea
Karrie K. Delaney — Yea
Kathy K.L. Tran — Yea
Katrina Callsen — Yea
Kent, Hillary Pugh — Nay
Knight, Barry D. — Nay
Laura Jane Cohen — Yea
LeVere Bolling, Destiny — Yea
Lovejoy, Ian T. — Nay
Luke E. Torian — Yea
M. Keith Hodges — Nay
Maldonado, Michelle Lopes — Yea
Marcia S. "Cia" Price — Yea
Marcus B. Simon — Yea
Marshall, Daniel W., III — Nay
Marty Martinez — Yea
Michael B. Feggans — Yea
Michael J. Jones — Yea
Michael J. Webert — Nay
Mike A. Cherry — Nay
Milde, Paul V. — Nay
Mundon King, Candi — Yea
Nadarius E. Clark — Yea
Obenshain, Chris — Nay
Orrock, Robert D., Sr. — Yea
Owen, David — Nay
Patrick A. Hope — Yea
Paul E. Krizek — Yea
Phil M. Hernandez — Yea
Phillip A. Scott — Nay
R. Lee Ware — Nay
Rae Cousins — Yea
Richard C. "Rip" Sullivan, Jr. — Yea
Robert S. Bloxom, Jr. — Yea
Rodney T. Willett — Yea
Rozia A. Henson, Jr. — Yea
Sam Rasoul — Yea
Scott A. Wyatt — Nay
Shelly A. Simonds — Yea
Sickles, Mark D. — Yea
Taylor, Kim A. — Nay
Terry G. Kilgore — Nay
Terry L. Austin — Nay
Thomas A. Garrett, Jr. — Nay
Thomas C. Wright, Jr. — Nay
Timothy P. Griffin — Nay
Tony O. Wilt — Nay
Vivian E. Watts — Yea
Wendell S. Walker — Nay
Will Davis — Nay
Wren M. Williams — Nay

Official roll call →

Passed 13 Yea · 9 Nay
Party YeaNayPresentNot Voting
Unaffiliated 13900
Total 13900
% of votes cast 59%41%0%0%
How each member voted (22)

Official roll call →

Passed 21 Yea · 19 Nay
Party YeaNayPresentNot Voting
Unaffiliated 211900
Total 211900
% of votes cast 53%48%0%0%
How each member voted (40)

Official roll call →

Passed 39 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 39001
Total 39001
% of votes cast 98%0%0%3%
How each member voted (40)

Official roll call →

Passed 8 Yea · 7 Nay
Party YeaNayPresentNot Voting
Unaffiliated 8700
Total 8700
% of votes cast 53%47%0%0%
How each member voted (15)

Official roll call →

Subjects

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Frequently asked questions

What does SB 246 do?
Limited-duration licenses and driver privilege cards and permits; expiration. Extends the validity of limited-duration licenses, driver privilege cards and permits, and identification privilege cards, other than REAL ID credentials and commercial driver's licenses and permits, to a period of time consistent with the validity of driver's licenses, which, under current law, is a period not to exceed eight years or, for a person age 75 or older, a period not to exceed five years, and permits and special identification cards. The bill directs the Department of Motor Vehicles to implement the extended validity periods for such documents upon reissuance. This bill is identical to HB 1454.
Who sponsors SB 246?
SB 246 is sponsored by Jeremy S. McPike, Saddam Azlan Salim, Jennifer B. Boysko, and Jennifer D. Carroll Foy.
What is the current status of SB 246?
This bill has been enacted into law. Introduced January 09, 2024. Enacted.
Where can I track SB 246?
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