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A BILL to amend and reenact §
46.2-739
of the Code of Virginia, § 2 of the second enactment of Chapter 852 and § 6 of the first enactment of Chapter 918 of the Acts of Assembly of 2006, as amended by Chapter 427 of the Acts of Assembly of 2008, and § 1 of Chapter 706 of the Acts of Assembly of 2016, relating to special license plates in recognition of those lost or injured in military service; fees.
Be it enacted by the General Assembly of Virginia:
1. That §
46.2-739
of the Code of Virginia is amended and reenacted as follows:
§
46.2-739
. Special license plates for certain disabled veterans; fees.
A. On receipt of an application, the Commissioner shall issue special license plates to applicants who are veterans who have been certified by the U.S. Department of Veterans Affairs to have a service-connected disability or unremarried surviving spouses of disabled veterans as defined in §
46.2-100
. Any special license plate issued to a disabled veteran pursuant to this subsection may be transferred, upon his death, to his unremarried surviving spouse. These license plates shall be special permanent red, white, and blue license plates bearing the letters "DV." The application shall be accompanied by a certification from the U.S. Department of Veterans Affairs that the veteran's disability is service-connected. License plates issued under this subsection shall not permit the vehicles upon which they are displayed to use parking spaces reserved for persons with disabilities that limit or impair their ability to walk.
B. On receipt of an application, the Commissioner shall issue special DV disabled parking license plates displaying the international symbol of access in the same size as the numbers and letters on the plate and in a color that contrasts to the background to veterans who are also persons with disabilities that limit or impair their ability to walk as defined in §
46.2-100
. The Commissioner shall require that such application be accompanied by a certification signed by a licensed physician, licensed podiatrist, licensed chiropractor, licensed advanced practice registered nurse, or licensed physician assistant to that effect. Special DV disabled parking license plates issued under this subsection shall authorize the vehicles upon which they are displayed to use parking spaces reserved for persons with disabilities that limit or impair their ability to walk.
C. No annual registration fee, as prescribed in §
46.2-694
, and no annual fee, as set forth in subdivision B 3 of §
46.2-725
, shall be required for any one motor vehicle owned and used personally by any
disabled
veteran
as
defined in §
46.2-100
or
the
unremarried surviving spouse
of such disabled veteran
eligible for a special license plate pursuant to this section
, provided that such vehicle displays license plates issued under this section.
D. The provisions of subdivisions B 1 and 2 of §
46.2-725
shall not apply to license plates issued under this section.
2. That § 2 of the second enactment of Chapter 852 and § 6 of the first enactment of Chapter 918 of the Acts of Assembly of 2006, as amended by Chapter 427 of the Acts of Assembly of 2008, are amended and reenacted as follows:
§ 2. Special license plates for immediate family members of persons who have died in military service to their country; fees.
The Commissioner of the Department of Motor Vehicles shall issue special license plates, as prescribed herein, on receipt of an application and written evidence that the applicant is the owner of a motor vehicle and is a member of the immediate family of a member of the armed forces of the United States who lost his or her life under any of the following conditions:
1. During World War I, World War II, or any subsequent period of armed hostilities in which the United States was engaged before July 1, 1958;
2. Anytime after June 30, 1958:
a. While engaged in an action against an enemy of the United States;
b. While engaged in military operations involving conflict with an opposing foreign force;
c. While serving with friendly forces engaged in an armed conflict in which the United States is not a belligerent party against an opposing armed force; or
3. Anytime after March 28, 1973, as a result of:
a. An international terrorist attack against the United States or a foreign nation friendly to the United States, recognized as such an attack by the United States Secretary of Defense; or
b. Military operations while serving outside the United States, including commonwealths, territories, and possessions of the United States, as part of a peacekeeping force.
For the purposes of this section, a member of the immediate family shall include (i) a widow or widower, remarried or not; (ii) a mother, father, stepmother, stepfather, mother through adoption, father through adoption, and foster parents who stood in loco parentis; (iii) each child, stepchild, and adopted child; and (iv) each brother, half-brother, sister, and half-sister.
For each set of license plates issued under this section, the Commissioner shall charge the prescribed cost of state license plates.
The provisions of subdivisions B 1
and B
,
2
, and 3
of §
46.2-725
of the Code of Virginia shall not apply to license plates issued under this section.
§ 6. Special license plates for immediate family members of persons who have died in military service to their country; fees.
The Commissioner of the Department of Motor Vehicles shall issue special license plates, as prescribed herein, on receipt of an application and written evidence that the applicant is the owner of a motor vehicle and is a member of the immediate family of a member of the armed forces of the United States who lost his or her life under any of the following conditions:
1. During World War I, World War II, or any subsequent period of armed hostilities in which the United States was engaged before July 1, 1958;
2. Anytime after June 30, 1958:
a. While engaged in an action against an enemy of the United States;
b. While engaged in military operations involving conflict with an opposing foreign force;
c. While serving with friendly forces engaged in an armed conflict in which the United States is not a belligerent party against an opposing armed force; or
3. Anytime after March 28, 1973, as a result of:
a. An international terrorist attack against the United States or a foreign nation friendly to the United States, recognized as such an attack by the U.S. Secretary of Defense; or
b. Military operations while serving outside the United States, including commonwealths, territories, and possessions of the United States, as part of a peacekeeping force.
For the purposes of this section, a member of the immediate family shall include (i) a widow or widower, remarried or not; (ii) a mother, father, stepmother, stepfather, mother through adoption, father through adoption, and foster parents who stood in loco parentis; (iii) each child, stepchild, and adopted child; and (iv) each brother, half-brother, sister, and half-sister.
For each set of license plates issued under this section, the Commissioner shall charge the prescribed cost of state license plates.
The provisions of subdivisions B 1
and B
,
2
and 3
of §
46.2-725
of the Code of Virginia shall not apply to license plates issued under this section.
3. That § 1 of Chapter 706 of the Acts of Assembly of 2016 is amended and reenacted as follows:
§ 1. Special license plates for immediate family members of a member of the Armed Forces of the United States who died on or after March 29, 1973, while serving on active duty or while assigned to a Reserve or National Guard unit in a drill status.
On receipt of an application and following the provisions of §
46.2-725
of the Code of Virginia, the Commissioner of the Department of Motor Vehicles shall issue special license plates to immediate family members of a member of the Armed Forces of the United States who died on or after March 29, 1973, while serving on active duty or while assigned to a Reserve or National Guard unit in a drill status. For the purpose of this section, "immediate family member" means (i) a widow or widower, remarried or not; (ii) a mother, father, stepmother, stepfather, mother or father through adoption, or foster parent who stood in loco parentis; (iii) a child, stepchild, or adopted child; and (iv) a sibling or half-sibling. For each set of license plates issued, the Commissioner shall charge the prescribed cost of state license plates. Such license plates shall not be subject to the provisions of subdivision B 1
or
,
2
, or 3
of §
46.2-725
of the Code of Virginia.