Bill Text: VA HB864 | 2022 | Regular Session | Prefiled
Bill Title: Professions and occupations; proof of identity to obtain a license, etc.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-02-15 - Left in General Laws [HB864 Detail]
Download: Virginia-2022-HB864-Prefiled.html
Be it enacted by the General Assembly of Virginia:
1. That §§54.1-116 and 63.2-1937 of the Code of Virginia are amended and reenacted as follows:
§54.1-116. Applicants to include proof of identity; exemption.
A. Every applicant for a license, certificate, registration, or other authorization to
engage in a business, trade, profession,
or occupation issued by the Commonwealth pursuant to this title, and every
applicant for renewal thereof, shall provide on with the
application either his social
security number or control number issued by the Department of Motor Vehicles
pursuant to §46.2-342 proof
of identity that
includes a government-issued identification card or driver's license, or other photo
identification along with documentation of the applicant's current address.
An initial application or renewal application which that does not include either
identifying number proof
of identity shall not be considered or acted upon by the
issuing entity, and no refund of any fees paid with the application shall be
granted.
B. Notwithstanding the provisions of subsection A, a health
regulatory board of the Department of Health Professions may issue a temporary
license or authorization to practice, effective for not longer than 90 days, to
an otherwise qualified applicant for a license, certificate,
or registration who is a foreign national and cannot provide a social
security number or control number proof of identity
at the time of application.
§63.2-1937. Applications for occupational or other license to include proof of identity; suspension upon delinquency; procedure.
Every initial application for or application for renewal of a
license, certificate, registration,
or other authorization to engage in a business, trade, profession, or occupation issued by the
Commonwealth pursuant to Titles 22.1, 38.2, 46.2,
or 54.1 or any other provision of law shall require that the applicant provide his social security
number or a control number issued by the Department of Motor Vehicles pursuant
to §46.2-342 proof
of identity that
includes a government-issued identification card or driver's license, or other
photo identification along with documentation of the applicant's current
address.
Upon 30 days' notice to an obligor who (i) has failed to
comply with a subpoena, summons,
or warrant relating to paternity or child support proceedings or (ii) is
alleged to be delinquent in the payment of child support by a period of 90 days
or more or for $5,000 or more, an obligee or the Department on behalf of an
obligee, may petition either the court that entered or the court that is
enforcing the order for child support for an order suspending any license,
certificate, registration,
or other authorization to engage in a business, trade, profession or, occupation, or recreational activity issued to the
obligor by the Commonwealth pursuant to Titles 22.1, 29.1, 38.2, 46.2, or 54.1 or any other
provision of law. The notice shall be sent in accordance with the provisions of
§8.01-296, 8.01-327, or 8.01-329, by certified mail, with proof of actual
receipt, or by electronic means. The notice shall specify that (a) the obligor
has 30 days from the date of receipt to comply with the subpoena, summons, or warrant or pay the
delinquency or to reach an agreement with the obligee or the Department to pay
the delinquency and (b) if compliance is not forthcoming or payment is not made
or an agreement cannot be reached within that time, a petition will be filed
seeking suspension of any license, certificate, registration, or other authorization to engage
in a business, trade, profession or, occupation,
or recreational license issued by the Commonwealth to the obligor.
The court shall not suspend a license, certificate, registration, or authorization upon finding that an alternate remedy is available to the obligee or the Department that is likely to result in collection of the delinquency. Further, the court may refuse to order the suspension upon finding that (1) suspension would result in irreparable harm to the obligor or employees of the obligor or would not result in collection of the delinquency or (2) the obligor has made a demonstrated, good faith effort to reach an agreement with the obligee or the Department.
If the court finds that the obligor is delinquent in the
payment of child support by 90 days or more or in an amount of $5,000 or more
and holds a license, certificate, registration,
or other authority to engage in a business, trade, profession or,
occupation, or recreational activity issued by
the Commonwealth, it shall order suspension. The order shall require the
obligor to surrender any license, certificate, registration,
or other such authorization to the issuing entity within 90 days of the date on
which the order is entered. If at any time after entry of the order the obligor
(A) pays the delinquency or (B) reaches an agreement with the obligee or the
Department to satisfy the delinquency within a period not to exceed 10 years
and makes at least one payment, representing at least five percent of the total
delinquency or $500, whichever is greater, pursuant to the agreement, or (C)
complies with the subpoena, summons,
or warrant or reaches an agreement with the Department with respect to the
subpoena, summons,
or warrant, upon proof of payment or certification of the compliance or
agreement, the court shall order reinstatement. Payment shall be proved by
certified copy of the payment record issued by the Department or notarized
statement of payment signed by the obligee. No fee shall be charged to a person
who obtains reinstatement of a license, certificate, registration, or authorization pursuant to
this section.
