Act to authorize the issuance of special license plates for supporters of Virginia Aquarium bearing the legend PROTECT SEA LIFE
This bill authorizes the issuance of revenue-sharing special license plates for supporters of the Virginia Aquarium bearing the legend PROTECT SEA LIFE. The funds generated by the sales of this plate will be shared with the Virginia Aquarium and Marine Science Center Foundation and used to support its operation and programs in Virginia.
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Amends § 18.2-259.1 of the code of Virginia
These bills provides that when DMV has administratively revoked a person's driving privilege based on receipt of an out-of-state conviction for a non-motor vehicle related drug offense, the person may petition the general district court of the county or city in which he resides for a restricted driver's license allowing the petitioner to operate a motor vehicle in the Commonwealth on a restricted basis.
This bill does not permit the issuance of a restricted license to operate a commercial vehicle.
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Amends § 46.2-733 and § 46.2-1158.01 of the Code of Virginia
This bill expands test driving distance from 5 miles to 10 miles (i) from place of business that a person is permitted to drive a vehicle equipped with a license plate designed for businesses delivering unladed motor vehicles to test installation, service, or repair of equipment, and (ii) a prospective purchaser of a motor vehicle, trailer, or semitrailer from an auto auction may operate such vehicle without safety inspection prior to purchase.
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Amends §§ 58.1-2402, as it is currently effective and as it may become effective, 58.1-2403, and 58.1-2425, as it is currently effective and as it may become effective, of the Code of Virginia.
This bill clarifies the taxation of all-terrain vehicles, mopeds, and off-road motorcycles and provides that vehicles that qualify as farm equipment exempt from sales and use tax shall be exempt from the motor vehicle sales and use tax. The bill contains technical amendments related to the collection of the additional state sales and use tax within the Historic Triangle.
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§ 3-6.03 Driver’s License Reinstatement Fee
Amends Chapter 2, 2018 Special Session
The 2019 Budget Bill includes amendments were that will impact the following:
•§ 46.2-411, eliminates the portion of the reinstatement fee allocated to the Trauma Center Fund, reducing all reinstatement fees by $100. Effective July, 1, 2019, the new reinstatement fees will be $45, $75 and $120. Reinstatement fees associated with orders issued prior to this date will not change. Customers will be required to pay the reinstatement fee originally assigned to their order ($145, $ 175, or $220). •§ 46.2-395 prohibits courts from suspending an individual privilege to drive solely for failure to pay Virginia court fines and costs, effective July 1, 2019. Additionally, DMV will comply all fines and costs suspensions and all fees associated with effective fines and costs suspension orders will be waived. Reinstatement fees previously paid will not be refunded. However, the customer is still responsible for paying fees to the courts(s). •DMV is sending letters to all Virginia customers with an effective fines and costs suspension. These letters will inform those that will automatically be returned to a licensed status that there is nothing they need to do; effective July 1, 2019 they will be able to use the licensee in their possession to drive (assuming no other convictions are posted). Additionally, letters will be sent to all other individuals to let them know of any other requirements such as presentation of proof of legal presence or testing. •Individuals obtaining a license will need to pay license issue fees (original issue, reissue, renewal). •Beginning July 1, 2019, Fines and costs suspensions will be masked on personal use, insurance, and employment transcripts. •Fines and costs suspensions will continue to display on law enforcement and court transcripts. This is necessary because drivers may have been cited for driving on a suspended license so this will need to appear. •This bill impacts only fines and costs suspensions for failure to pay Virginia courts. It does not amend anything related to other suspensions such as driving on a suspended license, judgments, failure to pay child support or tolling issues. •Because the fines and costs suspensions will be satisfied, they will no longer show up when an inquiry is made to the National Driver Register (NDR). •Other states’ licensing agencies will be notified of satisfied fines and costs suspensions for out of state drivers. |
Authorizes the issuance of special license plates for supporters of Virginia State Parks bearing the legend VIRGINIA STATE PARKS
This bill authorizes the issuance of revenue-sharing special license plates for supporters of Virginia State Parks bearing the legend VIRGINIA STATE PARKS. The funds generated by the sales of this plate will be shared with the Virginia Department of Conservation and Recreation and used to support its operation and programs in Virginia.
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Amends § 46.2-612 and § 46.2-613 of the Code of Virginia
These bills move the criminal offenses related to registration, licensing, and certificates of title included within § 46.2-613 to § 46.2-612. The bill reorganizes these statutes so that § 46.2-612 contains only criminal offenses and § 46.2-613 contains only traffic infractions.
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This bill removes the requirement that the owner of a vehicle that has been used as a taxicab attach a statement to that effect to the certificate of title of the vehicle prior to the sale, transfer, or disposal of such vehicle. The bill also removes the requirement that the Department of Motor Vehicles place an indicator on any new certificate of title for the vehicle indicating such prior use.
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Amends § 30-179 of the Code of Virginia
This bill provides that any officer, employee, or member of a public body alleged to have willfully and knowingly violated the Virginia Freedom of Information Act who acted in good faith reliance upon an advisory opinion issued by the Virginia Freedom of Information Advisory Council may introduce such advisory opinion as evidence that the alleged violation was not made willfully and knowingly. The bill contains technical amendments. This bill is a recommendation of the Virginia Freedom of Information Advisory Council.
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Amends the Code of Virginia by adding a section numbered § 46.2-745.1
This bill authorizes the issuance of special license plates for persons awarded the Navy and Marine Corps Medal or for un-remarried surviving spouses of such persons. The first issuance of this plate to a customer is issued entirely free, including both the special plate and standard registration fees; subsequent issuances require standard registration fees only to be charged.
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Amends §§ 46.2-688, 46.2-706 through 46.2-708, and 46.2-710 of the Code of
Virginia.
These bills are the result of a request from the 2018 General Assembly session for DMV to convene a stakeholder group to discuss automobile insurance in Virginia and make recommendations to increase compliance with Virginia’s insurance laws. These bills include new offerings for DMV effective July 1, 2019, and enhancements and changes to the way insurance companies and DMV interact regarding insurance verification effective January 1, 2020.
There are four new offerings for DMV effective July 1, 2019.
1.Customers may choose to permanently surrender license plates at www.dmvnow.com and not return the license plates to DMV. They will not receive a partial refund of the cost of registration fees when selecting this convenience option. 2.Customers with insurance-related orders of suspension that are in an effective status as of July 1, 2019, may have all fees waived, including the reinstatement fee, if the customer can provide proof of insurance. 3.The term used for the insurance-related fee, when DMV or the court determines that a person is not in compliance with Virginia insurance requirements, is changing from a “statutory fee” to a “noncompliance penalty fee”. 4.The penalty amount increases from $500 to $600. 5.DMV has a payment plan option for customers to pay the non-compliance penalty fee over time in monthly payments. This payment plan option is now available to non-Virginia residents who still owe penalty fee in Virginia. 6.Customers who are currently in default on a payment plan agreement with DMV have the opportunity to reenter into a payment plan by paying a $25 administrative fee to continue paying the penalty fee over time in monthly payments. For insurance companies, there is one enhancement effective July 1, 2019, and six changes to reporting requirements effective January 1, 2020.
Effective July 1, 2019, DMV has a new form for insurers to report claims involving uninsured drivers. This reporting will initiate DMV’s insurance verification process for the uninsured driver.
The following changes are effective January 1, 2020:
1.A change from reporting monthly to reporting within 30-days of a policy change, which will encourage companies to report around the same time every month instead of reporting at the beginning of one month and at the end of the next month. Currently, this can delay reporting a change to a policy for up to 60 days. 2.There is a clarification to policy change reporting. A policy change occurs when an insurance company (i) issues liability insurance, (ii) cancels liability insurance, (iii) becomes aware of a lapse in liability insurance, (iv) reissues or reinstates liability insurance, or (v) adds a vehicle to an existing liability insurance policy. This includes dropping a vehicle from an existing, effective policy. For some insurance companies, this is not a policy termination, but it is termination of coverage on one of the vehicles on the policy. 3.DMV currently sends customers a notice about insurance coverage 60 days from a vehicle registration or cancellation. This is changing to 45 days. 4.There are updates to the necessary data fields required to operate DMV's insurance verification process. DMV will now process an edit to return the reported record as an error if it is an insurance cancellation, and the driver license or social security number is missing. 5.The new bills require insurance companies to respond to all DMV requests for acknowledgment by confirming or denying the existence of an insurance policy within 15 days of receiving the request. 6.The bills require insurers to report all insurance information electronically to DMV. This includes reports of financial responsibility. DMV will not accept and process paper SR22 or FR44 forms mailed or faxed to DMV. DMV offers an extranet portal for reporting financial responsibility. Each insurance company must have a use agreement on file with DMV to gain access to the portal. Finally, an enactment clause requires DMV to report to the General Assembly in 2024 regarding the effectiveness of these changes in improving the insurance verification program. DMV will be tracking the new reporting activity with performance reports.
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Amends the Code of Virginia by adding a section numbered § 46.2-861.1 and repeals § 46.2-921.1 of the Code of Virginia.
This bill repeals the duties of drivers to provide the right-of-way when approaching emergency and public utility vehicles in §46.2-921.1. However, it adds new duties in §46.2-861.1 that require drivers to yield the right-of-way for emergency and public utility vehicles by making a lane change into a lane not adjacent to the stationary vehicle when traffic conditions permit a safe lane change. When conditions do not permit a safe lane change, the driver must proceed with due caution and maintain a safe speed.
A violation involving emergency vehicles is reckless driving while a violation involving a public utility vehicle is an infraction. If the violation results in property damage, the courts may suspend the offender’s driving privilege for up to one year. If the violation results in injury or death, the courts may suspend the driving privilege for up to two years. For a conviction involving reckless driving, the courts may grant restricted driving privileges in accordance with §§ 46.2-393.
While violations involving emergency vehicles are assigned six demerit points, the assignment of demerit points for public utility vehicles varies. Violations involving death are assigned six points, violations involving property damage or injury are assigned four points, and violations without property damage, injury, or death are assigned three demerit points.
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Amends § 46.2-345 of the Code of Virginia
This bill requires the Department of Motor Vehicles to, upon request of the applicant and presentation of a signed statement by a licensed physician confirming the applicant's condition, indicate on an applicant's special identification card that he is blind or vision impaired.
This indicator is not available on a driver’s license.
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An Act to authorize the issuance of special license plates for supporters of Virginia's Move Over law bearing the legend MOVE OVER
This bill authorizes the issuance of revenue-sharing special license plates for supporters of Virginia's Move Over law bearing the legend MOVE OVER. The plates are being issued in memory of Lt. Bradford T. Clark. The funds generated by the sales of this plate will be shared with the Fredericks Family Fund Foundation and used to support its operation and programs in Virginia.
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Amends § 46.2-320.1 of the Code of Virginia
These bills provide that an individual, who is delinquent in child support payments or has failed to comply with a subpoena, summons, or warrant relating to paternity or child support proceedings is entitled to a judicial hearing if he makes a written request within 30 days from service of a notice of intent to suspend or renew his driver's license. Current law provides such an entitlement if such request is made within 10 days from such notice.
The bill further:
•Allows the Department of Motor Vehicles to renew a driver's license or terminate a license suspension imposed on an individual if such individual has reached an agreement with the Department of Social Services to satisfy the child support payment delinquency within a 10-year period and has made at least one payment of at least five percent of the total delinquency or $600, whichever is less, as opposed to whichever is greater under current law, under such agreement. •Provides that, where such a repayment agreement has been entered into and such an individual has failed to comply with such agreement, the Department of Motor Vehicles shall suspend or refuse to renew such individual's driver's license until it has received certification from the Department of Social Services that such individual has entered into a subsequent agreement to pay within a period of seven years and has paid the lesser amount, as opposed to greater amount under current law, of at least one payment of $1,200 or seven percent, as opposed to five percent under current law, of the current delinquency. •Provides that an individual who fails to comply with such a subsequent agreement may enter into a new agreement if such individual has made a payment in the lesser amount, as opposed to the greater amount under current law, of $1,800 or 10 percent, as opposed to five percent under current law, and agrees to a repayment schedule of not more than seven years, which is consistent with the time frame provided by the current law. |
Amends § 46.2-746.8 of the Code of Virginia
These bills change the special license plates for members of the International Association of Fire Fighters from non-revenue sharing to revenue sharing and provides for the moneys to support the efforts of various charitable organizations supported by the firefighters throughout the Commonwealth.
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Amends § 2.2-3711 of the Code of Virginia and amends the Code of Virginia by adding in Article 2 of Chapter 4 of Title 24.2 a section numbered 24.2-410.2.
This bill:
•Directs the State Board of Elections to promulgate regulations and standards necessary to ensure the security and integrity of the Virginia voter registration system and the supporting technologies utilized by the counties and cities to maintain and record registrant information. •Requires the local electoral boards to develop and update annually written plans and procedures to ensure the security and integrity of the supporting technologies and to report annually to the Department of Elections on their security plans and procedures. •Authorizes the Department of Elections to limit a locality's access to the Virginia voter registration system if it is determined that the county or city has failed to develop security plans and procedures or to comply with the security standards established by the State Board; such access would be limited as necessary to address and resolve any security risks or to enforce compliance. Records describing protocols for maintaining the security of the Virginia voter registration system and the supporting technologies utilized to maintain and record registrant information are exempted from the Freedom of Information Act and meetings to discuss such protocols are permitted to be closed pursuant to the provisions of the Freedom of Information Act. •Requires the State Board of Elections to convene a work group prior to adopting security standards and to establish a standing advisory group of local government IT professionals and general registrars to assist and consult on updates to security standards. |
Amends §§ 46.2-341.14:1, 46.2-341.14:10, and 46.2-1702 of the Code of Virginia and amends the Code of Virginia by adding a section numbered 46.2-326.1.
These bills allow certain Class A driver training schools to be third party testers for the skills test component of the commercial driver's license examination. This bill has a delayed effective date of October 1, 2019.
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Amends the Code of Virginia by adding a section numbered 46.2-745.1, relating to special license plate; Armed Forces Expeditionary Medal.
This bill authorizes the issuance of special license plate for persons awarded the Armed Forces Expeditionary Medal or for un-remarried surviving spouses of such persons. The fee for this license plate is $10 at the plate’s issuance, plus standard registration fees.
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Amends §§ 2.2-402 and 19.2-392.2 of the Code of Virginia
This bill provides for the automatic expungement of the police and court records relating to a person's conviction if he has been granted an absolute pardon for a crime that he did not commit. Under current law, the person granted the absolute pardon must petition the court for an order of expungement.
Also, the bill requires the Secretary of the Commonwealth to forward a copy of any absolute pardon to the circuit court where the person was convicted of the crime for which the absolute pardon was granted.
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Adds § 46.2-2011.33 to the Code of Virginia
The bill provides that no one who is required under Virginia law to register with the Sex Offender and Crimes Against Minors Registry for a sexually violent offense (as defined in Va. Code § 9.1-902(E)), or who is listed on the U.S. Department of Justice's National Sex Offender Public Website for an offense that is similar, may operate a taxicab in Virginia to transport passengers for hire.
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Amends § 46.2-345 of the Code of Virginia and amends the Code of Virginia by adding in Article 7 of Chapter 3 of Title 46.2 a section numbered 46.2-345.2.
This bill is the result of a study conducted by the Department of Motor Vehicles.
The bill:
•Requires the Department of Motor Vehicles to issue a special identification card without a photograph to a person with a sincerely held religious belief prohibiting the taking of a photograph who would otherwise meet the qualifications for a special identification card but also presents an approved and signed IRS Form 4029. •Allows a special identification card without a photograph to be similar in size, shape, and design to a driver's license but requires (i) that it be clearly distinguishable from a driver's license, (ii) that it not include a photograph of its holder, and (iii) that it clearly state that (a) the card does not authorize the holder to operate a motor vehicle, (b) federal limits apply, and (c) the card is not valid identification to vote. •Provides that giving false information, concealing a material fact, or otherwise committing a fraud in applying for a special identification card without a photograph is guilty of a Class 2 misdemeanor and that obtaining a special identification card without a photograph for the purpose of committing any offense punishable as a felony constitutes a Class 4 felony. This bill allows for the applicant to request that DMV remove any previously taken photographs from DMV records until January 1, 2020.
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Amends § 46.2-1500 of the Code of Virginia
This bill provides that offering to sell, selling, displaying, or permitting the display for sale of five or more vehicles within any 12 consecutive months creates a rebuttable presumption that a person is a motor vehicle dealer. The current law defines such person as a motor vehicle dealer.
The bill:
•Provides for new trailers to be treated similarly to new motor vehicles in various provisions. •Adds manufacturers or distributors selling new motor vehicles at wholesale to their franchised dealer or used motor vehicles to a licensed dealer, as well as persons dealing fire-fighting vehicles and ambulances, to a list of parties exempted from the definition of motor vehicle dealer. |
Amends § 46.2-341.14:01 of the Code of Virginia
Amends Va. Code §§ 46.2-324.1, 46.2-341.4, 46.2-341.10, 46.2-341.12, 46.2-341.14, 46.2-341.14:01, 11 46.2-341.14:1, 46.2-341.19, 46.2-341.22, 46.2-380,
46.2-382, 46.2-1700, and 46.2-1701.1; amends Va. Code by adding in Chapter 17 of Title 46.2 an article numbered 2, consisting of sections numbered 46.2-1708 through 46.2-1711.
These bills require the Commissioner of the Department of Motor Vehicles to waive certain knowledge and skills tests required for obtaining a commercial learner's permit or commercial driver's license or a commercial driver's license endorsement for certain current or former military service members, as authorized by federal law.
Also, these bills:
•Amend several statutes regarding the licensure of commercial motor vehicle drivers. •Change the commercial learner’s permit validity period from 180 days to one year from the issue date. •Codify federal regulatory requirements relating to the training and licensure of first time applicants for certain classifications of commercial driver's licenses and endorsements. •Allow for lifetime disqualification of the commercial credentials for holders of commercial driver's licenses and commercial learner's permits for certain felony drug charges in compliance with current federal regulation. •Authorize certain exemptions for qualifying military personnel. Several provisions of the bill have delayed or contingent effective dates.
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Amends § 46.2-325 of the Code of Virginia
This bill provides that the course on the Virginia Driver's Manual required for certain persons who have failed the driver knowledge examination three times may be conducted in a classroom or through a secure computer-based medium, provided that the computer-based medium has acceptable security features designed to ensure that the certificate of completion is issued to the same person who took the course.
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These bills create an Interstate 81 Committee, tasked with developing and updating a program related to Interstate 81 Corridor safety and improvements, and creates an Interstate 81 Corridor Improvement Fund (Fund).
The bills provide revenues for the Fund through the following means:
(i)Increases existing registration fees for trucks and other non-passenger-carrying vehicles with a registered weight over 10,000 pounds. Effective 7/1/2019, both private and for-hire vehicles will pay at the rate currently paid by for-hire vehicles. (ii)Effective 7/1/2019, a new registration fee for these same vehicles, collected on top of the existing registration fees. (iii)Effective 7/1/2020, a new statewide tax on diesel fuel, collected on top of the existing diesel tax. (iv)Effective 7/1/2019, expansion of the 2.1% regional wholesale tax on fuel—currently collected in Northern Virginia and Hampton Roads—to the I-81 corridor. (v)Effective 7/1/2019, increases to the road tax—both the per-gallon tax collected from interstate carriers through the International Fuel Tax Agreement (IFTA) and the Virginia Road Tax (VRT) fee collected from intrastate carriers at the time of registration. The amounts of both the per-gallon tax and the VRT fee will adjust each July 1st, based on changes in the fuel efficiency of vehicles as reported on IFTA tax returns.
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Amends §§ 46.2-100, 46.2-800, 46.2-849, 46.2-903, 46.2-904, 46.2-905, 46.2-908.1, 46.2-1015, 46.2-1041, and 46.2-1081 of the Code of Virginia and amend the Code of Virginia by adding in Chapter 13 of Title 46.2 a section numbered 46.2-1315.
This bill authorizes localities to regulate the operation of companies providing motorized skateboards or scooters for hire.
The bill:
•Changes the definition of motorized skateboard or scooter by (i) removing the requirement that such device have no seat and requiring that the device be designed to allow a person to stand or sit, (ii) removing the maximum power limits for such device and providing that the device may be powered in whole or in part by an electric motor, (iii) providing that the device has a speed of no more than 20 miles per hour, and (iv) providing that such device weighs less than 100 pounds. •Makes consistent the operational requirements for motorized skateboards or scooters and similar devices, including (a) allowing motorized skateboards and scooters to be driven on sidewalks, (b) requiring motorized skateboards and scooters driven on a roadway to be driven as close to the right curb as is safely practicable, (c) prohibiting the operation of motorized skateboards or scooters on any Interstate Highway System component, and (d) requiring operators of motorized skateboards and scooters to give hand signals and have lights on such devices. •Prohibits operating a motorized skateboard or scooter at a speed faster than 20 miles per hour. Certain provisions of this bill have a delayed effective date of January 1, 2020.
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Amends §§ 24.2-452, 24.2-612, 24.2-700, 24.2-701, 24.2-702.1, 24.2-703.1, 24.2-703.2, 24.2-706, 24.2-707, 24.2-709, and 24.2-1004 of the Code of Virginia and amends the Code of Virginia by adding a section numbered 24.2-701.1.
This bill:
•Allows for any registered voter to vote by absentee ballot in person beginning on the second Saturday immediately preceding any election in which he is qualified to vote without providing a reason or making prior application for an absentee ballot. Makes absentee voting in person available beginning on the forty-fifth day prior to the election and ending at 5:00 p.m. on the Saturday immediately preceding the election. •Retains the current provisions for voting an absentee ballot by mail or in person prior to the second Saturday immediately preceding the election, including the application requirement and the list of statutory reasons for absentee voting. •Requires the State Board of Elections to submit a report on the procedures and instructions it promulgates for conducting absentee voting pursuant to the provisions of the bill. The provisions of the bill do not become effective until the November 3, 2020, general election.
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These bills require the Commissioner of Highways to report annually by December 1 to the Governor, the General Assembly, and the Commonwealth Transportation Board regarding overweight trucks. The bill expires on January 1, 2021.
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Amends § 46.2-1242 of the Code of Virginia
This bill prohibits parking any vehicle in any striped access aisle adjacent to a parking space reserved for persons with disabilities.
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Proposing an amendment to Section 6 of Article X of the Constitution of Virginia, relating to personal property tax exemption; motor vehicle owned by a disabled veteran.
This bill:
•Permits the General Assembly to authorize the governing body of any county, city, or town to exempt from taxation one motor vehicle of a veteran who has a 100 percent service-connected, permanent, and total disability. •Provides that only automobiles and pickup trucks qualify for the exemption. Additionally, the exemption would only be applicable on the date the motor vehicle is acquired or the effective date of the amendment, whichever is later, but would not be applicable for any period of time prior to the effective date of the amendment.
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