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 and
traffic, so as to repeal the authority of the Department of Public Safety to establish reasonable
rates, fares, and charges for transportation by motor carriers of household goods; to provide
for revocation and expiration of commercial drivers' licenses for noncitizens; to provide for
testing requirements for the transfer of commercial drivers' licenses for noncitizens; to
provide for conforming changes; to amend Title 50 of the Official Code of Georgia
Annotated, relating to state government, so as to make conforming changes; to provide for
related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is
amended by repealing in its entirety Code Section 40-1-118, relating to establishment of
rates, fares, and charges for transportation of household goods, and designating said Code
section as reserved.
SECTION 2.
Said title is further amended by revising Code Section 40-1-119, relating to charges by motor
carriers and unjust discrimination by carriers prohibited, as follows:
"40-1-119.
No motor carrier of <del>household goods or</del> passengers shall charge, demand, collect, or
receive a greater or lesser or different compensation for the transportation of <del>household
goods or</del> passengers or for any service rendered in connection therewith than the rates,
fares, and charges prescribed or approved by order of the department; nor shall any such
motor carrier unjustly discriminate against any person in its rates, fares, or charges for
service. The commissioner may prescribe, by general order, to what persons motor carriers
of passengers may issue passes or free transportation; may prescribe reduced rates for
special occasions; and may fix and prescribe rates and schedules."
SECTION 3.
Said title is further amended by revising subsection (a) of Code Section 40-5-21.1, relating
to temporary licenses, permits, or special identification cards, foreign licenses or
identification cards as evidence of legal presence in the United States, and extensions, as
follows:
"(a)(1) Notwithstanding any other provision of this title, an applicant who presents in
person valid documentary evidence of:
<ins>(1)(A)</ins> Admission to the United States in a valid, unexpired nonimmigrant status;
<ins>(2)(B)</ins> A pending or approved application for asylum in the United States;
<ins>(3)(C)</ins> Admission into the United States in refugee status;
<ins>(4)(D)</ins> An approved application for temporary protected status in the United States;
<ins>(5)(E)</ins> Approved deferred action status;
<ins>(6)(F)</ins> Other federal documentation verified by the United States Department of
Homeland Security to be valid documentary evidence of lawful presence in the United
States under federal immigration law; or
<ins>(7)(G)</ins> Verification of lawful presence as provided by Code Section 40-5-21.2
may be issued a temporary license, permit, or special identification card. <ins>Except as
provided in paragraph (2) of this subsection, such</ins> <del>Such</del> temporary license, permit, or
special identification card shall be valid only during the period of time of the applicant's
authorized stay in the United States or five years, whichever occurs first.
<ins>(2) Except for a lawful permanent resident or a person holding an H-2A, H-2B, or E-2
employment based nonimmigrant status visa, if a noncitizen has been issued a
commercial driver's license under Article 7 of this chapter, the 'Uniform Commercial
Driver's License Act,' such license shall be automatically revoked upon the expiration of
such person's visa or five years, whichever occurs first."
</ins> SECTION 4.
Said title is further amended by revising paragraph (1) of subsection (a) of Code
Section 40-5-32, relating to expiration and renewal of licenses, reexamination required, and
electronic renewal notices, as follows:
"(a)(1) Except as otherwise provided in this Code section, every driver's license shall
expire on the licensee's birthday in the eighth year following the issuance of such license.
Notwithstanding the foregoing,:
<ins>(A) Any</ins> <del>any</del> commercial driver's license that contains an H or X endorsement as
defined in subsection (c) of Code Section 40-5-150 shall expire on the date of
expiration of the licensee's security threat assessment conducted by the Transportation
Security Administration of the United States Department of Homeland Security; <ins>and
(B) Any commercial driver's license issued to a noncitizen shall expire in accordance
with Code Section 40-5-21.1."
</ins>
SECTION 5.
Said title is further amended by revising subsection (h) of and adding a new subsection to
Code Section 40-5-150, relating to contents of license, classifications, endorsements and
restrictions, information to be obtained before issuance, notice of issuance, expiration of
license, and renewal, as follows:
"(h) When applying for renewal of a commercial driver's license, the applicant shall
complete the application form required by subsection (a) of Code Section 40-5-149,
providing updated information and required medical certifications. If the applicant wishes
to retain a hazardous materials endorsement, the written test for a hazardous materials
endorsement <del>must</del> <ins>shall</ins> be taken and passed."
<ins>"(j) Before transferring a commercial driver's license from a foreign jurisdiction or another
state to this state, an applicant who is a noncitizen shall take and pass the knowledge and
skills test for driving a commercial vehicle under Code Section 40-5-147."
</ins> SECTION 6.
Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended
by revising paragraph (8) of subsection (f) of Code Section 50-36-2, relating to secure and
verifiable identity document and applicability, as follows:
"(8) Paragraph (2) of subsection (a) of Code Section 40-5-21 or <del>paragraph (2) of
subsection (a)</del> <ins>subparagraph (a)(1)(B)</ins> of Code Section 40-5-21.1;"
SECTION 7.
All laws and parts of laws in conflict with this Act are repealed.