Georgia SB 442: Drivers' Licenses; revocation and expiration of commercial drivers' licenses for noncitizens; provide

Bill Text

26 LC 63 0169S
The House Committee on Public Safety and Homeland Security offers the following
substitute to SB 442:
A BILL TO BE ENTITLED
AN ACT
To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and1
traffic, so as to repeal the authority of the Department of Public Safety to establish reasonable2
rates, fares, and charges for transportation by motor carriers of household goods; to provide3
for revocation and expiration of commercial drivers' licenses for noncitizens; to provide for4
testing requirements for the transfer of commercial drivers' licenses for noncitizens; to5
provide for conforming changes; to amend Title 50 of the Official Code of Georgia6
Annotated, relating to state government, so as to make conforming changes; to provide for7
related matters; to repeal conflicting laws; and for other purposes.8
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:9
SECTION 1.10
Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is11
amended by repealing in its entirety Code Section 40-1-118, relating to establishment of12
rates, fares, and charges for transportation of household goods, and designating said Code13
section as reserved.14
S. B. 442 (SUB)
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SECTION 2.15
Said title is further amended by revising Code Section 40-1-119, relating to charges by motor16
carriers and unjust discrimination by carriers prohibited, as follows:17
"40-1-119.18
No motor carrier of household goods or passengers shall charge, demand, collect, or19
receive a greater or lesser or different compensation for the transportation of household20
goods or passengers or for any service rendered in connection therewith than the rates,21
fares, and charges prescribed or approved by order of the department; nor shall any such22
motor carrier unjustly discriminate against any person in its rates, fares, or charges for23
service. The commissioner may prescribe, by general order, to what persons motor carriers24
of passengers may issue passes or free transportation; may prescribe reduced rates for25
special occasions; and may fix and prescribe rates and schedules."26
SECTION 3.27
Said title is further amended by revising subsection (a) of Code Section 40-5-21.1, relating28
to temporary licenses, permits, or special identification cards, foreign licenses or29
identification cards as evidence of legal presence in the United States, and extensions, as30
follows:31
"(a)(1) Notwithstanding any other provision of this title, an applicant who presents in32
person valid documentary evidence of:33
(1)(A) Admission to the United States in a valid, unexpired nonimmigrant status;34
(2)(B) A pending or approved application for asylum in the United States;35
(3)(C) Admission into the United States in refugee status;36
(4)(D) An approved application for temporary protected status in the United States;37
(5)(E) Approved deferred action status;38
S. B. 442 (SUB)
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(6)(F) Other federal documentation verified by the United States Department of39
Homeland Security to be valid documentary evidence of lawful presence in the United40
States under federal immigration law; or41
(7)(G) Verification of lawful presence as provided by Code Section 40-5-21.242
may be issued a temporary license, permit, or special identification card. Except as43
provided in paragraph (2) of this subsection, such Such temporary license, permit, or44
special identification card shall be valid only during the period of time of the applicant's45
authorized stay in the United States or five years, whichever occurs first.46
(2) Except for a lawful permanent resident or a person holding an H-2A, H-2B, or E-247
employment based nonimmigrant status visa, if a noncitizen has been issued a48
commercial driver's license under Article 7 of this chapter, the 'Uniform Commercial49
Driver's License Act,' such license shall be automatically revoked upon the expiration of50
such person's visa or five years, whichever occurs first."51
SECTION 4.52
Said title is further amended by revising paragraph (1) of subsection (a) of Code53
Section 40-5-32, relating to expiration and renewal of licenses, reexamination required, and54
electronic renewal notices, as follows:55
"(a)(1) Except as otherwise provided in this Code section, every driver's license shall56
expire on the licensee's birthday in the eighth year following the issuance of such license. 57
Notwithstanding the foregoing,:58
(A) Any any commercial driver's license that contains an H or X endorsement as59
defined in subsection (c) of Code Section 40-5-150 shall expire on the date of60
expiration of the licensee's security threat assessment conducted by the Transportation61
Security Administration of the United States Department of Homeland Security; and62
(B) Any commercial driver's license issued to a noncitizen shall expire in accordance63
with Code Section 40-5-21.1."64
S. B. 442 (SUB)
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SECTION 5.65
Said title is