SB442: SB442 Drivers' Licenses; revocation and expiration of commercial drivers' licenses for noncitizens; provide

26 LC 63 0169S The House Committee on Public Safety and Homeland Security offe rs 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' li censes for noncitizens; to5 provide for conforming changes; to amend Title 50 of the Offici al 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, rel ating to establishment of12 rates, fares, and charges for transportation of household goods , and designating said Code13 section as reserved.14 S. B. 442 (SUB) - 1 - 26 LC 63 0169S 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 t ransportation 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 r ates, 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 pres cribe 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 Unite d States, and extensions, as30 follows:31 "(a)(1) Notwithstanding any other provision of this title, an applica nt 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) - 2 - 26 LC 63 0169S (6)(F) Other federal documentation verified by the United States Dep artment 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 identific ation 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, th e '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 subs ection (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, ever y 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 endorsemen t 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) - 3 - 26 LC 63 0169S SECTION 5.65 Said title is further amended by revising subsection (h) of and adding a new subsection to66 Code Section 40-5-150, relating to contents of license, classif ications, endorsements and67 restrictions, information to be obtained before issuance, notic e of issuance, expiration of68 license, and renewal, as follows:69 "(h) When applying for renewal of a commercial driver's license , the applicant shall70 complete the application form required by subsection (a) of Cod e Section 40-5-149,71 providing updated information and required medical certifications. If the applicant wishes72 to retain a hazardous materials endorsement, the written test f or a hazardous materials73 endorsement must shall be taken and passed."74 "(j) Before transferring a commercial driver's license from a foreign jurisdiction or another75 state to this state, an applicant who is a noncitizen shall take and pass the knowledge and76 skills test for driving a commercial vehicle under Code Section 40-5-147."77 SECTION 6.78 Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended79 by revising paragraph (8) of subsection (f) of Code Section 50-36-2, relating to secure and80 verifiable identity document and applicability, as follows:81 "(8) Paragraph (2) of subsection (a) of Code Section 40-5-21 or paragraph (2) of82 subsection (a) subparagraph (a)(1)(B) of Code Section 40-5-21.1;"83 SECTION 7.84 All laws and parts of laws in conflict with this Act are repealed.85 S. B. 442 (SUB) - 4 -