SB 246 — Limited-duration licenses and driver privilege cards and permits; extends validity.
Last action — Passed by for the day
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✓Introduced
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✓In Committee
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✓Passed Senate
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✓Passed House of Delegates
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced January 09, 2024. Enacted.
Signed by Governor Glenn Youngkin (Republican) on March 07, 2024.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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4 sponsors
1 primary, 3 co-sponsors signed on.
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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 removedPlain-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.
SESSION SENATEENROLLED SUBSTITUTEVIRGINIA 24106668DACTS SENATEOF BILLASSEMBLY NO.–– 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 E reenacted as follows:
§D 46.2-328.1.States citizens, legal permanent resident aliens, or holders of valid unexpired nonimmigrant visas;
Licenses,exceptions; permits, and special identification cards to be issued only to United States citizens, legal permanent resident aliens, or holders of valid unexpired nonimmigrant visas;
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,StateB, (iv) an approved applicant for asylum in the United States, (v) an entrant into the United States in refugeere4ugee the Marshall Islands, collectively known as the Freely Associated States.
For the purposes of thisublictEisublic of section, "REAL ID credential" means a "Real ID Driver's License or Identification Card" as defiTeddefined by 6 C.F.R.
Notwithstanding subdivision 1 or any other provision of this title, except as provided inEsubsectionin 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 beUnbeen extended by a federal court or federal agency having jurisdiction over immigration.
This subdivision doeBdoes not apply to commercial driver's licenses or commercial learner's permits provided under § 46.2-341.12.
anB. 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 :
36Notwithstanding 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 37 States as required pursuant to the REAL ID Act of 2005, as amended, and its implementing regulations 38applicant mayfor bea issuedcommercial adriver's limited-durationlicense license,who permit,submits orevidence specialof identificationlawful cardstatus REALas IDrequired credenTial.by 49.
An 39C.F.R. applicant for a commercial driver's license who submits evidence of lawful status as required bU 49 license.
An§ applicant383.71(f) formay abe commercialissued learner'sa permitlimited-duration wholicense submitsor evidenceREAL ofID-compliant lawfullimited-duration statuslicense. asn required by 49 C.F.R.
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 sEecialspecial 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 Unitedlicense, Statespermit, 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 lessvalid thanfor 30a dayslimited fromperiod and shall state the date ofthat application.it expires.
AnySuch a limited-duration license, permit, or special identification card issuedmay pursuantbe torenewed thisonly subsectionupon shallpresentation clearlyof indicatevalid documentary evidence that itthe isstatus validby which the applicant qualified for athe limitedlimited-duration periodlicense, andpermit, shallor statespecial theidentification datehas thatbeen itextended expires.by a federal court or federal agency having jurisdiction over immigration.
SuchC. 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.
2Any 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 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 thether applicant having been placed under medical review by the Department pursuant to § 46.2-322.
The of 4 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.
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 4the ide1.Commonwealth, provided that:
Application1. is made on a form prescribed by the Department;, provided that:
2.Application is made on a form prescribed by the Department;
TheN applicant2. presents, when required by the Department, proof of identity, residency, and social security number or individual taxpayer identification number;
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 taxtaxa ret4.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 L identification privilege card at no fee.
Identification privilege cards subsequently issued to suchEuch 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 privilegedis information$25. for the purposes of § 46.2-208.ication privilege card shall be considered C.
AnThe originalamount paid by an applicant for an identification privilege card shall expirebe onconsidered theprivileged applicant'sinformation fourthfor birthday following the datepurposes of issuance.§ 46.2-208.
Duplicate, reissue, or renewal be valid for the perioddate providedof forissuance. special identification cards in § 46.2-345.
Duplicate, reissue, or renewal be valid for the period provided for specialollowing identification cards in § 46.2-345.
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 ageNofage2of 15 shall expire on the child's sixteenth birthday.
6 Notwithstanding the provisions of this subsection, the Commissioner may extend the validity AeriodReriod 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 fTomfrom the ofGovernor. such conditions.in no event shall the validity period be extended more than 90 days per occurrence D.
Show all 55 changed lines (15 more)
However, in no event shall the validity period be extended more than 90 days per occurrence of D.
Every applicant for an identification privilege carScard 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 cardllycard 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.
Sbe E.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.
IdentificationThese privilegedescriptors cards, for persons at least 15 years old but younger than 21 years old, shall Distinguishing characteristics shall include unique design elements of the credentialmonth, day, and descriptorsyear withinwhen the photographperson areawill tobecome 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 yeTrs old.
The identification card issued to persons under age 15 shall be readily distinguishable from a driving thatcredential itand doesfrom notother authorizeidentification thecards person to whom it is issued toby drivethe aDepartment. motor vehicle.shall clearTy indicate G.
AnySuch informationcards collectedshall pursuantclearly toindicate this section that isit does not otherwiseauthorize collected by theE Department or required for the issuanceperson ofto anywhom otherit specialis identification card issued pursuant to thedrive provisions of this chapter and any information regarding restrictions in the Department's records related to the issuance of a credentialmotor issuedvehicle. pursuant to this section shall be considered privileged.
byG. 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.
TheAny Departmentinformation shallcollected releasepursuant to anythis federal,section state,that 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 prohibitedcollected by thisthe section,provisions thatof isthis requiredchapter forand aany requesterinformation toregarding carryrestrictions outin the requester'sDepartment's officialrecords functionsrelated ifto the requesterissuance providesof thea individ1al'scredential nameissued andpursuant otherto sufficientthis identifyingsection informationshall containedbe onconsidered theprivileged. individual's record.
AnyNotwithstanding the provisions of § 46.2-208, such releaseinformation shall not be inreleased accordanceexcept withupon request by the requirementssubject of §the 46.2-208.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 personsuch whorelease usesshall abe falseinnd oraccordance fictitiouswith namethe orrequirements 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§ material46.2-208. fact or otherwise commits a fraud in any such application is guilty of a Class 2 misdemeanor.
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.
Show all 55 changed rows (15 more)
View plain text versions (3)
- SB246ER View text Current pdf March 04, 2024
- Committee Substitute Committee substitute printed 24106668D-S1 pdf February 01, 2024
- Prefiled Prefiled and ordered printed; offered 01/10/24 24104979D pdf January 09, 2024
Action History
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Passed by for the day
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Vetoed by Governor
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Governor's Action Deadline 11:59 p.m., April 8, 2024
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Enrolled Bill Communicated to Governor on March 11, 2024
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Signed by President
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Impact statement from DPB (SB246ER)
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Signed by Speaker
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Bill text as passed Senate and House (SB246ER)
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Enrolled
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VOTE: Passage (53-Y 44-N)
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Passed House (53-Y 44-N)
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Read third time
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Read second time
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Reported from Transportation (13-Y 9-N)
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Referred to Committee on Transportation
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Read first time
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Placed on Calendar
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Read third time and passed Senate (21-Y 19-N)
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Engrossed by Senate - committee substitute SB246S1
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Committee substitute agreed to 24106668D-S1
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Reading of substitute waived
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Read second time
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Constitutional reading dispensed (39-Y 0-N)
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Committee substitute printed 24106668D-S1
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Reported from Transportation with substitute (8-Y 7-N)
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Impact statement from DPB (SB246)
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Senate committee, floor amendments and substitutes offered
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Referred to Committee on Transportation
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Prefiled and ordered printed; offered 01/10/24 24104979D
Sponsors
- Jeremy S. McPike · Primary
- Saddam Azlan Salim · Cosponsor
- Jennifer B. Boysko · Cosponsor
- Jennifer D. Carroll Foy · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 3 co-sponsors · 144 not signed on · 63 voted No
Sponsors (1)
Co-sponsors (3)
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.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 52 | 44 | 0 | 3 |
| Total | 52 | 44 | 0 | 3 |
| % of votes cast | 53% | 44% | 0% | 3% |
How each member voted (99)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 13 | 9 | 0 | 0 |
| Total | 13 | 9 | 0 | 0 |
| % of votes cast | 59% | 41% | 0% | 0% |
How each member voted (22)
| Member | Party | Vote |
|---|---|---|
| Adele Y. McClure | — | Yea |
| Betsy B. Carr | — | Yea |
| Bill Wiley | — | Nay |
| Bonita G. Anthony | — | Yea |
| Briana D. Sewell | — | Yea |
| David A. Reid | — | Yea |
| Delores L. McQuinn | — | Yea |
| Eric R. Zehr | — | Nay |
| Israel D. O'Quinn | — | Nay |
| Jackie H. Glass | — | Yea |
| Jason S. Ballard | — | Nay |
| Jeion A. Ward | — | Yea |
| Karrie K. Delaney | — | Yea |
| Knight, Barry D. | — | Nay |
| Laura Jane Cohen | — | Yea |
| Michael B. Feggans | — | Yea |
| Milde, Paul V. | — | Nay |
| Scott A. Wyatt | — | Nay |
| Terry L. Austin | — | Yea |
| Timothy P. Griffin | — | Nay |
| Vivian E. Watts | — | Yea |
| Wren M. Williams | — | Nay |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 21 | 19 | 0 | 0 |
| Total | 21 | 19 | 0 | 0 |
| % of votes cast | 53% | 48% | 0% | 0% |
How each member voted (40)
| Member | Party | Vote |
|---|---|---|
| Aaron R. Rouse | — | Yea |
| Angelia Williams Graves | — | Yea |
| Barbara A. Favola | — | Yea |
| Bill DeSteph | — | Nay |
| Bryce E. Reeves | — | Nay |
| Carroll Foy, Jennifer D. | — | Yea |
| Christie New Craig | — | Nay |
| Christopher T. Head | — | Nay |
| Danica A. Roem | — | Yea |
| David R. Suetterlein | — | Nay |
| David W. Marsden | — | Yea |
| Ebbin, Adam P. | — | Yea |
| Emily M. Jordan | — | Nay |
| Glen H. Sturtevant, Jr. | — | Nay |
| Hashmi, Ghazala F. | — | Yea |
| J.D. "Danny" Diggs | — | Nay |
| Jennifer B. Boysko | — | Yea |
| Jeremy S. McPike | — | Yea |
| L. Louise Lucas | — | Yea |
| Lamont Bagby | — | Yea |
| Lashrecse D. Aird | — | Yea |
| Mamie E. Locke | — | Yea |
| Mark D. Obenshain | — | Nay |
| Mark J. Peake | — | Nay |
| McGuire, John J., III | — | Nay |
| R. Creigh Deeds | — | Yea |
| Richard H. Stuart | — | Nay |
| Russet Perry | — | Yea |
| Ryan T. McDougle | — | Nay |
| Saddam Azlan Salim | — | Yea |
| Schuyler T. VanValkenburg | — | Yea |
| Scott A. Surovell | — | Yea |
| Stella G. Pekarsky | — | Yea |
| Subramanyam, Suhas | — | Yea |
| T. Travis Hackworth | — | Nay |
| Tammy Brankley Mulchi | — | Nay |
| Tara A. Durant | — | Nay |
| Timmy French | — | Nay |
| Todd E. Pillion | — | Nay |
| William M. Stanley, Jr. | — | Nay |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 39 | 0 | 0 | 1 |
| Total | 39 | 0 | 0 | 1 |
| % of votes cast | 98% | 0% | 0% | 3% |
How each member voted (40)
| Member | Party | Vote |
|---|---|---|
| Aaron R. Rouse | — | Yea |
| Angelia Williams Graves | — | Yea |
| Barbara A. Favola | — | Yea |
| Bill DeSteph | — | Yea |
| Bryce E. Reeves | — | Yea |
| Carroll Foy, Jennifer D. | — | Yea |
| Christie New Craig | — | Yea |
| Christopher T. Head | — | Yea |
| Danica A. Roem | — | Yea |
| David R. Suetterlein | — | Yea |
| David W. Marsden | — | Yea |
| Ebbin, Adam P. | — | Yea |
| Emily M. Jordan | — | Yea |
| Glen H. Sturtevant, Jr. | — | Yea |
| Hashmi, Ghazala F. | — | Yea |
| J.D. "Danny" Diggs | — | Yea |
| Jennifer B. Boysko | — | Yea |
| Jeremy S. McPike | — | Yea |
| L. Louise Lucas | — | Not Voting |
| Lamont Bagby | — | Yea |
| Lashrecse D. Aird | — | Yea |
| Mamie E. Locke | — | Yea |
| Mark D. Obenshain | — | Yea |
| Mark J. Peake | — | Yea |
| McGuire, John J., III | — | Yea |
| R. Creigh Deeds | — | Yea |
| Richard H. Stuart | — | Yea |
| Russet Perry | — | Yea |
| Ryan T. McDougle | — | Yea |
| Saddam Azlan Salim | — | Yea |
| Schuyler T. VanValkenburg | — | Yea |
| Scott A. Surovell | — | Yea |
| Stella G. Pekarsky | — | Yea |
| Subramanyam, Suhas | — | Yea |
| T. Travis Hackworth | — | Yea |
| Tammy Brankley Mulchi | — | Yea |
| Tara A. Durant | — | Yea |
| Timmy French | — | Yea |
| Todd E. Pillion | — | Yea |
| William M. Stanley, Jr. | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 8 | 7 | 0 | 0 |
| Total | 8 | 7 | 0 | 0 |
| % of votes cast | 53% | 47% | 0% | 0% |
How each member voted (15)
| Member | Party | Vote |
|---|---|---|
| Angelia Williams Graves | — | Yea |
| Bill DeSteph | — | Nay |
| Danica A. Roem | — | Yea |
| David R. Suetterlein | — | Nay |
| David W. Marsden | — | Yea |
| Glen H. Sturtevant, Jr. | — | Nay |
| Hashmi, Ghazala F. | — | Yea |
| J.D. "Danny" Diggs | — | Nay |
| Jennifer B. Boysko | — | Yea |
| Lamont Bagby | — | Yea |
| Lashrecse D. Aird | — | Yea |
| McGuire, John J., III | — | Nay |
| Stella G. Pekarsky | — | Yea |
| T. Travis Hackworth | — | Nay |
| Tammy Brankley Mulchi | — | Nay |
Subjects
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?
- Track SB 246 free on One Click Politics — get push/email alerts when it moves.
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