| Old | New | Differences | |
|---|---|---|---|
| 1 | - | Amended IN Assembly August 22, | |
| 1 | + | Amended IN Assembly August 16, 2018 Amended IN Assembly June 29, 2017 Amended IN Senate March 22, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Senate Bill No. 76Introduced by Senator Nielsen BatesJanuary 10, 2017An act to add Chapter 10.6 (commencing with Section 3539.75) to Division 4 of Title 1 of the Government Code, relating to state employees. amend Sections 4152.5 and 12816 of the Vehicle Code, relating to vehicles, and declaring the urgency thereof, to take effect immediately.LEGISLATIVE COUNSEL'S DIGESTSB 76, as amended, Nielsen Bates. Excluded employees: arbitration. Vehicles: drivers licenses and foreign vehicle registrations expiring in 2018.Under existing law, subject to exception, an application for registration is required to be made to the Department of Motor Vehicles within 20 days following the date registration became due for a vehicle last registered in a foreign jurisdiction that is subject to registration in California.This bill would additionally provide that for a vehicle described above whose registration becomes due in 2018, an application for California registration is required to be made to the department within 110 days following the date registration became due.Existing law provides that an original or renewed drivers license expires on the 5th birthday of the applicant following the date of the application for the original or renewed license.This bill would extend the expiration date by 90 days for an original or renewed drivers license if the 5th birthday of the applicant following the date of the application for the license occurs in 2018.This bill would declare that it is to take effect immediately as an urgency statute.The Bill of Rights for State Excluded Employees permits, among other things, excluded employee organizations to represent their excluded members in their employment relations, including grievances, with the state. That law defines excluded employees as all managerial employees, confidential employees, supervisory employees, as well as specified employees of the Department of Personnel Administration, the Department of Finance, the Controllers office, the Legislative Counsel Bureau, the Bureau of State Audits, the Public Employment Relations Board, the Department of Industrial Relations, and the State Athletic Commission.This bill would enact the Excluded Employee Arbitration Act to permit an employee organization that represents an excluded employee who has filed certain grievances with the Department of Human Resources to request arbitration of the grievance if specified conditions are met. The bill would require the designation of a standing panel of arbitrators and, under specified circumstances, the provision of arbitrators from the California State Mediation and Conciliation Service within the Public Employment Relations Board. The bill would then require the arbitrator to be chosen in a specified manner and would prescribe the duties of that arbitrator. The bill would provide that a party to the arbitration has the right to have a certified shorthand reporter transcribe the proceeding and that the transcription would be the official record of the proceeding. The bill would require a nonprevailing party, other than an excluded employee, to bear the costs of arbitration, including the cost of a certified shorthand reporter, and would prohibit the costs of arbitration from being passed on to the excluded employee. The bill would make a statement of legislative intent and various findings and declarations with regard to the above.Digest Key Vote: MAJORITY2/3 Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 4152.5 of the Vehicle Code is amended to read:4152.5. (a) Except as provided for in subdivision (b), and in subdivision (c) of Section 9553, when if California registration is required of for a vehicle last registered in a foreign jurisdiction, an application for registration shall be made to the department within 20 days following the date registration became due. The application shall be deemed an original application.(b) If California registration is required for a vehicle last registered in a foreign jurisdiction, an application for registration shall be made to the department within 110 days following the date registration became due for a registration due in 2018. The application shall be deemed an original application.SEC. 2. Section 12816 of the Vehicle Code is amended to read:12816. (a) Every (1) Each original drivers license expires on the fifth birthday of the applicant following the date of the application for the license.(2) Each original or renewed drivers license for which the fifth birthday of the applicant following the date of the application for the license occurs in 2018 expires 90 days after the fifth birthday date.(b) Renewal of a drivers license shall be made for a term which that expires on the fifth birthday of the applicant following the expiration of the license renewed, if application for renewal is made within six months prior to the expiration of the license to be renewed, or within 90 days after expiration of the license. If renewal is not applied for within 90 days after expiration of the license, the application and fee is considered the same as an application for an original license.(c) The department may accept application for a renewal of a drivers license made more than six months prior to the date of expiration. The renewal shall be made for a term which expires on the fifth birthday of the applicant following the date of the application for the renewal license.(d) The department may accept an application for a license of a different class made more than six months before the expiration of the license previously issued, if the previously issued license is surrendered for cancellation in accordance with Section 13100. The drivers license issued from that application expires on the fifth birthday of the applicant following the date of the application.(e) Notwithstanding subdivisions (a), (b), (c), and (d), the department may adjust the expiration date for any drivers license issued pursuant to this code.SEC. 3. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:In order to address significant wait times for renewal of drivers licenses and certain vehicle registrations expiring in 2018 as soon as possible, it is necessary for this act to take effect immediately.SECTION 1.(a)It is the intent of the Legislature that state excluded employees shall have the right to arbitration as another step to the excluded employee grievance procedure. The present grievance procedure leaves too many grievances unresolved. This lack of resolution has caused more cases to be filed in Californias courts, which could have been resolved at a lower level.(b)The Legislature finds and declares all of the following:(1)The grievance system for state excluded employees is virtually illusory, with the overwhelming majority of grievances of excluded employees being summarily denied.(2)The practice of blanket grievance denial forces excluded employee organizations to go to court. Litigation is not only time consuming, but also costly to both the excluded employee organizations and the State of California.(3)Employee grievance arbitration for excluded employees results in timely resolution of grievances and is far less costly than litigation for both the State of California and for those excluded employees.(4)Employee grievance arbitration promotes settlement of grievances in advance of actual arbitration. Sixty percent of arbitration requests are settled in advance of any arbitral hearing.SEC. 2.Chapter 10.6 (commencing with Section 3539.75) is added to Division 4 of Title 1 of the Government Code, to read:10.6.Excluded Employee Arbitration Act3539.75.This chapter shall be known, and may be cited, as the Excluded Employee Arbitration Act.3539.76.For purposes of this chapter:(a)Department means the Department of Human Resources.(b)Excluded employee means an excluded employee of the state, as defined in subdivision (b) of Section 3527.(c)Employee organization means any organization that represents excluded employees of the State of California.(d)Employer means the State of California.(e)Arbitration means the process that results in a binding ruling that resolves an excluded employee grievance as the third or fourth level of the excluded employee grievance process.3539.77.An employee organization representing an employee who has filed a grievance with the department may request arbitration of the grievance if all of the following conditions are met:(a)The grievance alleges a dispute that is subject to the procedures established in Section 599.859 of Title 2 of the California Code of Regulations, as that section read on January 1, 2017.(b)The grievance has not been resolved to the employee organizations satisfaction after either of the following, as applicable, pursuant to regulations of the department governing grievances for excluded employees:(1)The fourth level of review.(2)In cases where there is no fourth level of review, the third level of review.(c)The employee organization requests arbitration in writing, submitted to the department, within 21 days of a decision rendered in either of the following, as applicable:(1)The fourth level of review.(2)In cases where there is no fourth level of review, the third level of review.3539.78.(a)After a request for arbitration is made, the department and the employee organization shall designate a standing panel of at least 20 arbitrators who shall be available for arbitration under this chapter.(b)If there are fewer than three arbitrators available, then the employee organization or the employer may obtain the names of an additional five arbitrators from the California State Mediation and Conciliation Service within the Public Employment Relations Board.(c)From that standing panel, the employee organization and the employer may consecutively strike any arbitrator from that panel until the name of one arbitrator is agreed upon, or, if no agreement is made, the last remaining person on the panel shall be designated the arbitrator. The name of that arbitrator shall be submitted in writing to the department.(d)If the employee organization does not submit its choice of an arbitrator within 45 days after requesting arbitration, the request for arbitration shall be considered withdrawn. A request that is withdrawn shall not prevent the employee from pursuing other grievance procedures available by law.3539.79.(a)A party to the arbitration shall have the right to have a certified shorthand reporter transcribe the proceeding. The transcript shall be the official record of the proceeding.(b)The arbitrator shall apply California law to the facts. The arbitrator shall issue a decision for each grievance heard during the arbitration. The decision shall be based solely on the written record in the grievance, the grievance response, and the oral presentations made at the arbitration. The arbitrators decision shall be legally binding.(c)The arbitrator shall issue a written decision within 45 days of the conclusion of the hearing.(d)The arbitrator shall order the nonprevailing party to pay the cost of the arbitration, including the cost of a certified shorthand reporter. The arbitrator shall not order the excluded employee to pay the cost of arbitration or the cost of a certified shorthand reporter, and the cost of arbitration, including the cost of a certified shorthand reporter, shall not be passed on to the excluded employee. | |
| 2 | 2 | ||
| 3 | - | ||
| 3 | + | Amended IN Assembly August 16, 2018 Amended IN Assembly June 29, 2017 Amended IN Senate March 22, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Senate Bill No. 76Introduced by Senator Nielsen BatesJanuary 10, 2017An act to add Chapter 10.6 (commencing with Section 3539.75) to Division 4 of Title 1 of the Government Code, relating to state employees. amend Sections 4152.5 and 12816 of the Vehicle Code, relating to vehicles, and declaring the urgency thereof, to take effect immediately.LEGISLATIVE COUNSEL'S DIGESTSB 76, as amended, Nielsen Bates. Excluded employees: arbitration. Vehicles: drivers licenses and foreign vehicle registrations expiring in 2018.Under existing law, subject to exception, an application for registration is required to be made to the Department of Motor Vehicles within 20 days following the date registration became due for a vehicle last registered in a foreign jurisdiction that is subject to registration in California.This bill would additionally provide that for a vehicle described above whose registration becomes due in 2018, an application for California registration is required to be made to the department within 110 days following the date registration became due.Existing law provides that an original or renewed drivers license expires on the 5th birthday of the applicant following the date of the application for the original or renewed license.This bill would extend the expiration date by 90 days for an original or renewed drivers license if the 5th birthday of the applicant following the date of the application for the license occurs in 2018.This bill would declare that it is to take effect immediately as an urgency statute.The Bill of Rights for State Excluded Employees permits, among other things, excluded employee organizations to represent their excluded members in their employment relations, including grievances, with the state. That law defines excluded employees as all managerial employees, confidential employees, supervisory employees, as well as specified employees of the Department of Personnel Administration, the Department of Finance, the Controllers office, the Legislative Counsel Bureau, the Bureau of State Audits, the Public Employment Relations Board, the Department of Industrial Relations, and the State Athletic Commission.This bill would enact the Excluded Employee Arbitration Act to permit an employee organization that represents an excluded employee who has filed certain grievances with the Department of Human Resources to request arbitration of the grievance if specified conditions are met. The bill would require the designation of a standing panel of arbitrators and, under specified circumstances, the provision of arbitrators from the California State Mediation and Conciliation Service within the Public Employment Relations Board. The bill would then require the arbitrator to be chosen in a specified manner and would prescribe the duties of that arbitrator. The bill would provide that a party to the arbitration has the right to have a certified shorthand reporter transcribe the proceeding and that the transcription would be the official record of the proceeding. The bill would require a nonprevailing party, other than an excluded employee, to bear the costs of arbitration, including the cost of a certified shorthand reporter, and would prohibit the costs of arbitration from being passed on to the excluded employee. The bill would make a statement of legislative intent and various findings and declarations with regard to the above.Digest Key Vote: MAJORITY2/3 Appropriation: NO Fiscal Committee: YES Local Program: NO | |
| 4 | 4 | ||
| 5 | - | ||
| 5 | + | Amended IN Assembly August 16, 2018 Amended IN Assembly June 29, 2017 Amended IN Senate March 22, 2017 | |
| 6 | 6 | ||
| 7 | - | Amended IN Assembly August 22, 2018 | |
| 8 | 7 | Amended IN Assembly August 16, 2018 | |
| 9 | 8 | Amended IN Assembly June 29, 2017 | |
| 10 | 9 | Amended IN Senate March 22, 2017 | |
| 11 | 10 | ||
| 12 | 11 | CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION | |
| 13 | 12 | ||
| 14 | 13 | Senate Bill No. 76 | |
| 15 | 14 | ||
| 16 | - | Introduced by Senator BatesJanuary 10, 2017 | |
| 15 | + | Introduced by Senator Nielsen BatesJanuary 10, 2017 | |
| 17 | 16 | ||
| 18 | - | Introduced by Senator Bates | |
| 17 | + | Introduced by Senator Nielsen Bates | |
| 19 | 18 | January 10, 2017 | |
| 20 | 19 | ||
| 21 | - | An act to amend Sections 4152.5 and 12816 | |
| 20 | + | An act to add Chapter 10.6 (commencing with Section 3539.75) to Division 4 of Title 1 of the Government Code, relating to state employees. amend Sections 4152.5 and 12816 of the Vehicle Code, relating to vehicles, and declaring the urgency thereof, to take effect immediately. | |
| 22 | 21 | ||
| 23 | 22 | LEGISLATIVE COUNSEL'S DIGEST | |
| 24 | 23 | ||
| 25 | 24 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 26 | 25 | ||
| 27 | - | SB 76, as amended, Bates. Vehicles: drivers licenses and foreign vehicle registrations expiring in 2018. | |
| 26 | + | SB 76, as amended, Nielsen Bates. Excluded employees: arbitration. Vehicles: drivers licenses and foreign vehicle registrations expiring in 2018. | |
| 28 | 27 | ||
| 29 | - | ||
| 28 | + | Under existing law, subject to exception, an application for registration is required to be made to the Department of Motor Vehicles within 20 days following the date registration became due for a vehicle last registered in a foreign jurisdiction that is subject to registration in California.This bill would additionally provide that for a vehicle described above whose registration becomes due in 2018, an application for California registration is required to be made to the department within 110 days following the date registration became due.Existing law provides that an original or renewed drivers license expires on the 5th birthday of the applicant following the date of the application for the original or renewed license.This bill would extend the expiration date by 90 days for an original or renewed drivers license if the 5th birthday of the applicant following the date of the application for the license occurs in 2018.This bill would declare that it is to take effect immediately as an urgency statute.The Bill of Rights for State Excluded Employees permits, among other things, excluded employee organizations to represent their excluded members in their employment relations, including grievances, with the state. That law defines excluded employees as all managerial employees, confidential employees, supervisory employees, as well as specified employees of the Department of Personnel Administration, the Department of Finance, the Controllers office, the Legislative Counsel Bureau, the Bureau of State Audits, the Public Employment Relations Board, the Department of Industrial Relations, and the State Athletic Commission.This bill would enact the Excluded Employee Arbitration Act to permit an employee organization that represents an excluded employee who has filed certain grievances with the Department of Human Resources to request arbitration of the grievance if specified conditions are met. The bill would require the designation of a standing panel of arbitrators and, under specified circumstances, the provision of arbitrators from the California State Mediation and Conciliation Service within the Public Employment Relations Board. The bill would then require the arbitrator to be chosen in a specified manner and would prescribe the duties of that arbitrator. The bill would provide that a party to the arbitration has the right to have a certified shorthand reporter transcribe the proceeding and that the transcription would be the official record of the proceeding. The bill would require a nonprevailing party, other than an excluded employee, to bear the costs of arbitration, including the cost of a certified shorthand reporter, and would prohibit the costs of arbitration from being passed on to the excluded employee. The bill would make a statement of legislative intent and various findings and declarations with regard to the above. | |
| 30 | 29 | ||
| 31 | - | Under | |
| 30 | + | Under existing law, subject to exception, an application for registration is required to be made to the Department of Motor Vehicles within 20 days following the date registration became due for a vehicle last registered in a foreign jurisdiction that is subject to registration in California. | |
| 31 | + | ||
| 32 | + | This bill would additionally provide that for a vehicle described above whose registration becomes due in 2018, an application for California registration is required to be made to the department within 110 days following the date registration became due. | |
| 33 | + | ||
| 34 | + | Existing law provides that an original or renewed drivers license expires on the 5th birthday of the applicant following the date of the application for the original or renewed license. | |
| 35 | + | ||
| 36 | + | This bill would extend the expiration date by 90 days for an original or renewed drivers license if the 5th birthday of the applicant following the date of the application for the license occurs in 2018. | |
| 37 | + | ||
| 38 | + | This bill would declare that it is to take effect immediately as an urgency statute. | |
| 39 | + | ||
| 40 | + | The Bill of Rights for State Excluded Employees permits, among other things, excluded employee organizations to represent their excluded members in their employment relations, including grievances, with the state. That law defines excluded employees as all managerial employees, confidential employees, supervisory employees, as well as specified employees of the Department of Personnel Administration, the Department of Finance, the Controllers office, the Legislative Counsel Bureau, the Bureau of State Audits, the Public Employment Relations Board, the Department of Industrial Relations, and the State Athletic Commission. | |
| 32 | 41 | ||
| 33 | 42 | ||
| 34 | 43 | ||
| 35 | - | (1) Under existing law, subject to exception, an application for registration is required to be made to the Department of Motor Vehicles (DMV) within 20 days following the date registration became due for a vehicle last registered in a foreign jurisdiction that is subject to registration in California. | |
| 36 | - | ||
| 37 | - | This bill would additionally provide that for a vehicle described above whose registration becomes due in 2018, an application for California registration is required to be made to the department DMV within 110 90 days following the date registration became due. | |
| 38 | - | ||
| 39 | - | Existing law provides that an original or renewed drivers license expires on the 5th birthday of the applicant following the date of the application for the original or renewed license. | |
| 44 | + | This bill would enact the Excluded Employee Arbitration Act to permit an employee organization that represents an excluded employee who has filed certain grievances with the Department of Human Resources to request arbitration of the grievance if specified conditions are met. The bill would require the designation of a standing panel of arbitrators and, under specified circumstances, the provision of arbitrators from the California State Mediation and Conciliation Service within the Public Employment Relations Board. The bill would then require the arbitrator to be chosen in a specified manner and would prescribe the duties of that arbitrator. The bill would provide that a party to the arbitration has the right to have a certified shorthand reporter transcribe the proceeding and that the transcription would be the official record of the proceeding. The bill would require a nonprevailing party, other than an excluded employee, to bear the costs of arbitration, including the cost of a certified shorthand reporter, and would prohibit the costs of arbitration from being passed on to the excluded employee. The bill would make a statement of legislative intent and various findings and declarations with regard to the above. | |
| 40 | 45 | ||
| 41 | 46 | ||
| 42 | - | ||
| 43 | - | This bill would extend the expiration date by 90 days for an original or renewed drivers license if the 5th birthday of the applicant following the date of the application for the license occurs in 2018. | |
| 44 | - | ||
| 45 | - | ||
| 46 | - | ||
| 47 | - | (2) Existing law prohibits the operation of a motor vehicle without a drivers license obtained from the DMV, except as specified. Existing law exempts specified nonresidents from the drivers license requirement, and further authorizes a person entitled to one of those exemptions to operate a motor vehicle in the state for no more than 10 days from the date he or she establishes residence in this state, except as specified. | |
| 48 | - | ||
| 49 | - | This bill would extend the period for which a person who is entitled to one of the above-mentioned exemptions and who establishes residence in this state in 2018 may operate a vehicle in the state to 90 days from the date he or she establishes residence in this state. | |
| 50 | - | ||
| 51 | - | (3) Existing law requires an applicant for the renewal of a drivers license to pay to the DMV a fee of $30 for that renewal. Existing law also requires a fee of $24 to be paid to the DMV upon an application for a duplicate drivers license. | |
| 52 | - | ||
| 53 | - | This bill would waive those fees for a person who renews his or her drivers license in person, or applies for a duplicate drivers license in person, before October 1, 2020, to obtain a Real ID drivers license if that person had previously renewed his or her license by mail or on the DMVs Internet Web site for a license that expired between September 1, 2018, and January 31, 2019. | |
| 54 | - | ||
| 55 | - | This | |
| 56 | - | ||
| 57 | - | ||
| 58 | - | ||
| 59 | - | (4) This bill would declare that it is to take effect immediately as an urgency statute. | |
| 60 | 47 | ||
| 61 | 48 | ## Digest Key | |
| 62 | 49 | ||
| 63 | 50 | ## Bill Text | |
| 64 | 51 | ||
| 65 | - | The people of the State of California do enact as follows:SECTION 1. Section 4152.5 of the Vehicle Code is amended to read:4152.5. (a) Except as provided in subdivision (b), and in subdivision (c) of Section 9553, if California registration is required for a vehicle last registered in a foreign jurisdiction, an application for registration shall be made to the department within 20 days following the date registration became due. The application shall be deemed an original application.(b) If California registration is required for a vehicle last registered in a foreign jurisdiction, an application for registration shall be made to the department within 110 | |
| 52 | + | The people of the State of California do enact as follows:SECTION 1. Section 4152.5 of the Vehicle Code is amended to read:4152.5. (a) Except as provided for in subdivision (b), and in subdivision (c) of Section 9553, when if California registration is required of for a vehicle last registered in a foreign jurisdiction, an application for registration shall be made to the department within 20 days following the date registration became due. The application shall be deemed an original application.(b) If California registration is required for a vehicle last registered in a foreign jurisdiction, an application for registration shall be made to the department within 110 days following the date registration became due for a registration due in 2018. The application shall be deemed an original application.SEC. 2. Section 12816 of the Vehicle Code is amended to read:12816. (a) Every (1) Each original drivers license expires on the fifth birthday of the applicant following the date of the application for the license.(2) Each original or renewed drivers license for which the fifth birthday of the applicant following the date of the application for the license occurs in 2018 expires 90 days after the fifth birthday date.(b) Renewal of a drivers license shall be made for a term which that expires on the fifth birthday of the applicant following the expiration of the license renewed, if application for renewal is made within six months prior to the expiration of the license to be renewed, or within 90 days after expiration of the license. If renewal is not applied for within 90 days after expiration of the license, the application and fee is considered the same as an application for an original license.(c) The department may accept application for a renewal of a drivers license made more than six months prior to the date of expiration. The renewal shall be made for a term which expires on the fifth birthday of the applicant following the date of the application for the renewal license.(d) The department may accept an application for a license of a different class made more than six months before the expiration of the license previously issued, if the previously issued license is surrendered for cancellation in accordance with Section 13100. The drivers license issued from that application expires on the fifth birthday of the applicant following the date of the application.(e) Notwithstanding subdivisions (a), (b), (c), and (d), the department may adjust the expiration date for any drivers license issued pursuant to this code.SEC. 3. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:In order to address significant wait times for renewal of drivers licenses and certain vehicle registrations expiring in 2018 as soon as possible, it is necessary for this act to take effect immediately.SECTION 1.(a)It is the intent of the Legislature that state excluded employees shall have the right to arbitration as another step to the excluded employee grievance procedure. The present grievance procedure leaves too many grievances unresolved. This lack of resolution has caused more cases to be filed in Californias courts, which could have been resolved at a lower level.(b)The Legislature finds and declares all of the following:(1)The grievance system for state excluded employees is virtually illusory, with the overwhelming majority of grievances of excluded employees being summarily denied.(2)The practice of blanket grievance denial forces excluded employee organizations to go to court. Litigation is not only time consuming, but also costly to both the excluded employee organizations and the State of California.(3)Employee grievance arbitration for excluded employees results in timely resolution of grievances and is far less costly than litigation for both the State of California and for those excluded employees.(4)Employee grievance arbitration promotes settlement of grievances in advance of actual arbitration. Sixty percent of arbitration requests are settled in advance of any arbitral hearing.SEC. 2.Chapter 10.6 (commencing with Section 3539.75) is added to Division 4 of Title 1 of the Government Code, to read:10.6.Excluded Employee Arbitration Act3539.75.This chapter shall be known, and may be cited, as the Excluded Employee Arbitration Act.3539.76.For purposes of this chapter:(a)Department means the Department of Human Resources.(b)Excluded employee means an excluded employee of the state, as defined in subdivision (b) of Section 3527.(c)Employee organization means any organization that represents excluded employees of the State of California.(d)Employer means the State of California.(e)Arbitration means the process that results in a binding ruling that resolves an excluded employee grievance as the third or fourth level of the excluded employee grievance process.3539.77.An employee organization representing an employee who has filed a grievance with the department may request arbitration of the grievance if all of the following conditions are met:(a)The grievance alleges a dispute that is subject to the procedures established in Section 599.859 of Title 2 of the California Code of Regulations, as that section read on January 1, 2017.(b)The grievance has not been resolved to the employee organizations satisfaction after either of the following, as applicable, pursuant to regulations of the department governing grievances for excluded employees:(1)The fourth level of review.(2)In cases where there is no fourth level of review, the third level of review.(c)The employee organization requests arbitration in writing, submitted to the department, within 21 days of a decision rendered in either of the following, as applicable:(1)The fourth level of review.(2)In cases where there is no fourth level of review, the third level of review.3539.78.(a)After a request for arbitration is made, the department and the employee organization shall designate a standing panel of at least 20 arbitrators who shall be available for arbitration under this chapter.(b)If there are fewer than three arbitrators available, then the employee organization or the employer may obtain the names of an additional five arbitrators from the California State Mediation and Conciliation Service within the Public Employment Relations Board.(c)From that standing panel, the employee organization and the employer may consecutively strike any arbitrator from that panel until the name of one arbitrator is agreed upon, or, if no agreement is made, the last remaining person on the panel shall be designated the arbitrator. The name of that arbitrator shall be submitted in writing to the department.(d)If the employee organization does not submit its choice of an arbitrator within 45 days after requesting arbitration, the request for arbitration shall be considered withdrawn. A request that is withdrawn shall not prevent the employee from pursuing other grievance procedures available by law.3539.79.(a)A party to the arbitration shall have the right to have a certified shorthand reporter transcribe the proceeding. The transcript shall be the official record of the proceeding.(b)The arbitrator shall apply California law to the facts. The arbitrator shall issue a decision for each grievance heard during the arbitration. The decision shall be based solely on the written record in the grievance, the grievance response, and the oral presentations made at the arbitration. The arbitrators decision shall be legally binding.(c)The arbitrator shall issue a written decision within 45 days of the conclusion of the hearing.(d)The arbitrator shall order the nonprevailing party to pay the cost of the arbitration, including the cost of a certified shorthand reporter. The arbitrator shall not order the excluded employee to pay the cost of arbitration or the cost of a certified shorthand reporter, and the cost of arbitration, including the cost of a certified shorthand reporter, shall not be passed on to the excluded employee. | |
| 66 | 53 | ||
| 67 | 54 | The people of the State of California do enact as follows: | |
| 68 | 55 | ||
| 69 | 56 | ## The people of the State of California do enact as follows: | |
| 70 | 57 | ||
| 71 | - | SECTION 1. Section 4152.5 of the Vehicle Code is amended to read:4152.5. (a) Except as provided in subdivision (b), and in subdivision (c) of Section 9553, if California registration is required for a vehicle last registered in a foreign jurisdiction, an application for registration shall be made to the department within 20 days following the date registration became due. The application shall be deemed an original application.(b) If California registration is required for a vehicle last registered in a foreign jurisdiction, an application for registration shall be made to the department within 110 | |
| 58 | + | SECTION 1. Section 4152.5 of the Vehicle Code is amended to read:4152.5. (a) Except as provided for in subdivision (b), and in subdivision (c) of Section 9553, when if California registration is required of for a vehicle last registered in a foreign jurisdiction, an application for registration shall be made to the department within 20 days following the date registration became due. The application shall be deemed an original application.(b) If California registration is required for a vehicle last registered in a foreign jurisdiction, an application for registration shall be made to the department within 110 days following the date registration became due for a registration due in 2018. The application shall be deemed an original application. | |
| 72 | 59 | ||
| 73 | 60 | SECTION 1. Section 4152.5 of the Vehicle Code is amended to read: | |
| 74 | 61 | ||
| 75 | 62 | ### SECTION 1. | |
| 76 | 63 | ||
| 77 | - | 4152.5. (a) Except as provided in subdivision (b), and in subdivision (c) of Section 9553, if California registration is required for a vehicle last registered in a foreign jurisdiction, an application for registration shall be made to the department within 20 days following the date registration became due. The application shall be deemed an original application.(b) If California registration is required for a vehicle last registered in a foreign jurisdiction, an application for registration shall be made to the department within 110 | |
| 64 | + | 4152.5. (a) Except as provided for in subdivision (b), and in subdivision (c) of Section 9553, when if California registration is required of for a vehicle last registered in a foreign jurisdiction, an application for registration shall be made to the department within 20 days following the date registration became due. The application shall be deemed an original application.(b) If California registration is required for a vehicle last registered in a foreign jurisdiction, an application for registration shall be made to the department within 110 days following the date registration became due for a registration due in 2018. The application shall be deemed an original application. | |
| 78 | 65 | ||
| 79 | - | 4152.5. (a) Except as provided in subdivision (b), and in subdivision (c) of Section 9553, if California registration is required for a vehicle last registered in a foreign jurisdiction, an application for registration shall be made to the department within 20 days following the date registration became due. The application shall be deemed an original application.(b) If California registration is required for a vehicle last registered in a foreign jurisdiction, an application for registration shall be made to the department within 110 | |
| 66 | + | 4152.5. (a) Except as provided for in subdivision (b), and in subdivision (c) of Section 9553, when if California registration is required of for a vehicle last registered in a foreign jurisdiction, an application for registration shall be made to the department within 20 days following the date registration became due. The application shall be deemed an original application.(b) If California registration is required for a vehicle last registered in a foreign jurisdiction, an application for registration shall be made to the department within 110 days following the date registration became due for a registration due in 2018. The application shall be deemed an original application. | |
| 80 | 67 | ||
| 81 | - | 4152.5. (a) Except as provided in subdivision (b), and in subdivision (c) of Section 9553, if California registration is required for a vehicle last registered in a foreign jurisdiction, an application for registration shall be made to the department within 20 days following the date registration became due. The application shall be deemed an original application.(b) If California registration is required for a vehicle last registered in a foreign jurisdiction, an application for registration shall be made to the department within 110 | |
| 68 | + | 4152.5. (a) Except as provided for in subdivision (b), and in subdivision (c) of Section 9553, when if California registration is required of for a vehicle last registered in a foreign jurisdiction, an application for registration shall be made to the department within 20 days following the date registration became due. The application shall be deemed an original application.(b) If California registration is required for a vehicle last registered in a foreign jurisdiction, an application for registration shall be made to the department within 110 days following the date registration became due for a registration due in 2018. The application shall be deemed an original application. | |
| 82 | 69 | ||
| 83 | 70 | ||
| 84 | 71 | ||
| 85 | - | 4152.5. (a) Except as provided in subdivision (b), and in subdivision (c) of Section 9553, if California registration is required for a vehicle last registered in a foreign jurisdiction, an application for registration shall be made to the department within 20 days following the date registration became due. The application shall be deemed an original application. | |
| 72 | + | 4152.5. (a) Except as provided for in subdivision (b), and in subdivision (c) of Section 9553, when if California registration is required of for a vehicle last registered in a foreign jurisdiction, an application for registration shall be made to the department within 20 days following the date registration became due. The application shall be deemed an original application. | |
| 86 | 73 | ||
| 87 | - | (b) If California registration is required for a vehicle last registered in a foreign jurisdiction, an application for registration shall be made to the department within 110 90 days following the date registration became due for a registration due in 2018. The application shall be deemed an original application. | |
| 74 | + | (b) If California registration is required for a vehicle last registered in a foreign jurisdiction, an application for registration shall be made to the department within 110 days following the date registration became due for a registration due in 2018. The application shall be deemed an original application. | |
| 75 | + | ||
| 76 | + | SEC. 2. Section 12816 of the Vehicle Code is amended to read:12816. (a) Every (1) Each original drivers license expires on the fifth birthday of the applicant following the date of the application for the license.(2) Each original or renewed drivers license for which the fifth birthday of the applicant following the date of the application for the license occurs in 2018 expires 90 days after the fifth birthday date.(b) Renewal of a drivers license shall be made for a term which that expires on the fifth birthday of the applicant following the expiration of the license renewed, if application for renewal is made within six months prior to the expiration of the license to be renewed, or within 90 days after expiration of the license. If renewal is not applied for within 90 days after expiration of the license, the application and fee is considered the same as an application for an original license.(c) The department may accept application for a renewal of a drivers license made more than six months prior to the date of expiration. The renewal shall be made for a term which expires on the fifth birthday of the applicant following the date of the application for the renewal license.(d) The department may accept an application for a license of a different class made more than six months before the expiration of the license previously issued, if the previously issued license is surrendered for cancellation in accordance with Section 13100. The drivers license issued from that application expires on the fifth birthday of the applicant following the date of the application.(e) Notwithstanding subdivisions (a), (b), (c), and (d), the department may adjust the expiration date for any drivers license issued pursuant to this code. | |
| 77 | + | ||
| 78 | + | SEC. 2. Section 12816 of the Vehicle Code is amended to read: | |
| 79 | + | ||
| 80 | + | ### SEC. 2. | |
| 81 | + | ||
| 82 | + | 12816. (a) Every (1) Each original drivers license expires on the fifth birthday of the applicant following the date of the application for the license.(2) Each original or renewed drivers license for which the fifth birthday of the applicant following the date of the application for the license occurs in 2018 expires 90 days after the fifth birthday date.(b) Renewal of a drivers license shall be made for a term which that expires on the fifth birthday of the applicant following the expiration of the license renewed, if application for renewal is made within six months prior to the expiration of the license to be renewed, or within 90 days after expiration of the license. If renewal is not applied for within 90 days after expiration of the license, the application and fee is considered the same as an application for an original license.(c) The department may accept application for a renewal of a drivers license made more than six months prior to the date of expiration. The renewal shall be made for a term which expires on the fifth birthday of the applicant following the date of the application for the renewal license.(d) The department may accept an application for a license of a different class made more than six months before the expiration of the license previously issued, if the previously issued license is surrendered for cancellation in accordance with Section 13100. The drivers license issued from that application expires on the fifth birthday of the applicant following the date of the application.(e) Notwithstanding subdivisions (a), (b), (c), and (d), the department may adjust the expiration date for any drivers license issued pursuant to this code. | |
| 83 | + | ||
| 84 | + | 12816. (a) Every (1) Each original drivers license expires on the fifth birthday of the applicant following the date of the application for the license.(2) Each original or renewed drivers license for which the fifth birthday of the applicant following the date of the application for the license occurs in 2018 expires 90 days after the fifth birthday date.(b) Renewal of a drivers license shall be made for a term which that expires on the fifth birthday of the applicant following the expiration of the license renewed, if application for renewal is made within six months prior to the expiration of the license to be renewed, or within 90 days after expiration of the license. If renewal is not applied for within 90 days after expiration of the license, the application and fee is considered the same as an application for an original license.(c) The department may accept application for a renewal of a drivers license made more than six months prior to the date of expiration. The renewal shall be made for a term which expires on the fifth birthday of the applicant following the date of the application for the renewal license.(d) The department may accept an application for a license of a different class made more than six months before the expiration of the license previously issued, if the previously issued license is surrendered for cancellation in accordance with Section 13100. The drivers license issued from that application expires on the fifth birthday of the applicant following the date of the application.(e) Notwithstanding subdivisions (a), (b), (c), and (d), the department may adjust the expiration date for any drivers license issued pursuant to this code. | |
| 85 | + | ||
| 86 | + | 12816. (a) Every (1) Each original drivers license expires on the fifth birthday of the applicant following the date of the application for the license.(2) Each original or renewed drivers license for which the fifth birthday of the applicant following the date of the application for the license occurs in 2018 expires 90 days after the fifth birthday date.(b) Renewal of a drivers license shall be made for a term which that expires on the fifth birthday of the applicant following the expiration of the license renewed, if application for renewal is made within six months prior to the expiration of the license to be renewed, or within 90 days after expiration of the license. If renewal is not applied for within 90 days after expiration of the license, the application and fee is considered the same as an application for an original license.(c) The department may accept application for a renewal of a drivers license made more than six months prior to the date of expiration. The renewal shall be made for a term which expires on the fifth birthday of the applicant following the date of the application for the renewal license.(d) The department may accept an application for a license of a different class made more than six months before the expiration of the license previously issued, if the previously issued license is surrendered for cancellation in accordance with Section 13100. The drivers license issued from that application expires on the fifth birthday of the applicant following the date of the application.(e) Notwithstanding subdivisions (a), (b), (c), and (d), the department may adjust the expiration date for any drivers license issued pursuant to this code. | |
| 87 | + | ||
| 88 | + | ||
| 89 | + | ||
| 90 | + | 12816. (a) Every (1) Each original drivers license expires on the fifth birthday of the applicant following the date of the application for the license. | |
| 91 | + | ||
| 92 | + | (2) Each original or renewed drivers license for which the fifth birthday of the applicant following the date of the application for the license occurs in 2018 expires 90 days after the fifth birthday date. | |
| 93 | + | ||
| 94 | + | (b) Renewal of a drivers license shall be made for a term which that expires on the fifth birthday of the applicant following the expiration of the license renewed, if application for renewal is made within six months prior to the expiration of the license to be renewed, or within 90 days after expiration of the license. If renewal is not applied for within 90 days after expiration of the license, the application and fee is considered the same as an application for an original license. | |
| 95 | + | ||
| 96 | + | (c) The department may accept application for a renewal of a drivers license made more than six months prior to the date of expiration. The renewal shall be made for a term which expires on the fifth birthday of the applicant following the date of the application for the renewal license. | |
| 97 | + | ||
| 98 | + | (d) The department may accept an application for a license of a different class made more than six months before the expiration of the license previously issued, if the previously issued license is surrendered for cancellation in accordance with Section 13100. The drivers license issued from that application expires on the fifth birthday of the applicant following the date of the application. | |
| 99 | + | ||
| 100 | + | (e) Notwithstanding subdivisions (a), (b), (c), and (d), the department may adjust the expiration date for any drivers license issued pursuant to this code. | |
| 101 | + | ||
| 102 | + | SEC. 3. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:In order to address significant wait times for renewal of drivers licenses and certain vehicle registrations expiring in 2018 as soon as possible, it is necessary for this act to take effect immediately. | |
| 103 | + | ||
| 104 | + | SEC. 3. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:In order to address significant wait times for renewal of drivers licenses and certain vehicle registrations expiring in 2018 as soon as possible, it is necessary for this act to take effect immediately. | |
| 105 | + | ||
| 106 | + | SEC. 3. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are: | |
| 107 | + | ||
| 108 | + | ### SEC. 3. | |
| 109 | + | ||
| 110 | + | In order to address significant wait times for renewal of drivers licenses and certain vehicle registrations expiring in 2018 as soon as possible, it is necessary for this act to take effect immediately. | |
| 111 | + | ||
| 112 | + | ||
| 113 | + | ||
| 114 | + | (a)It is the intent of the Legislature that state excluded employees shall have the right to arbitration as another step to the excluded employee grievance procedure. The present grievance procedure leaves too many grievances unresolved. This lack of resolution has caused more cases to be filed in Californias courts, which could have been resolved at a lower level. | |
| 115 | + | ||
| 116 | + | ||
| 117 | + | ||
| 118 | + | (b)The Legislature finds and declares all of the following: | |
| 119 | + | ||
| 120 | + | ||
| 121 | + | ||
| 122 | + | (1)The grievance system for state excluded employees is virtually illusory, with the overwhelming majority of grievances of excluded employees being summarily denied. | |
| 123 | + | ||
| 124 | + | ||
| 125 | + | ||
| 126 | + | (2)The practice of blanket grievance denial forces excluded employee organizations to go to court. Litigation is not only time consuming, but also costly to both the excluded employee organizations and the State of California. | |
| 127 | + | ||
| 128 | + | ||
| 129 | + | ||
| 130 | + | (3)Employee grievance arbitration for excluded employees results in timely resolution of grievances and is far less costly than litigation for both the State of California and for those excluded employees. | |
| 131 | + | ||
| 132 | + | ||
| 133 | + | ||
| 134 | + | (4)Employee grievance arbitration promotes settlement of grievances in advance of actual arbitration. Sixty percent of arbitration requests are settled in advance of any arbitral hearing. | |
| 88 | 135 | ||
| 89 | 136 | ||
| 90 | 137 | ||
| 91 | 138 | ||
| 92 | 139 | ||
| 93 | - | (a)(1)Each original drivers license expires on the fifth birthday of the applicant following the date of the application for the license. | |
| 94 | 140 | ||
| 95 | 141 | ||
| 96 | 142 | ||
| 97 | - | (2)Each original or renewed drivers license for which the fifth birthday of the applicant following the date of the application for the license occurs in 2018 expires 90 days after the fifth birthday date. | |
| 143 | + | ||
| 144 | + | This chapter shall be known, and may be cited, as the Excluded Employee Arbitration Act. | |
| 98 | 145 | ||
| 99 | 146 | ||
| 100 | 147 | ||
| 101 | - | (b)Renewal of a drivers license shall be made for a term that expires on the fifth birthday of the applicant following the expiration of the license renewed, if application for renewal is made within six months prior to the expiration of the license to be renewed, or within 90 days after expiration of the license. If renewal is not applied for within 90 days after expiration of the license, the application and fee is considered the same as an application for an original license. | |
| 148 | + | ||
| 149 | + | ||
| 150 | + | For purposes of this chapter: | |
| 102 | 151 | ||
| 103 | 152 | ||
| 104 | 153 | ||
| 105 | - | ( | |
| 154 | + | (a)Department means the Department of Human Resources. | |
| 106 | 155 | ||
| 107 | 156 | ||
| 108 | 157 | ||
| 109 | - | ( | |
| 158 | + | (b)Excluded employee means an excluded employee of the state, as defined in subdivision (b) of Section 3527. | |
| 110 | 159 | ||
| 111 | 160 | ||
| 112 | 161 | ||
| 113 | - | ||
| 162 | + | (c)Employee organization means any organization that represents excluded employees of the State of California. | |
| 114 | 163 | ||
| 115 | 164 | ||
| 116 | 165 | ||
| 117 | - | SEC. 2. Section 12505 of the Vehicle Code is amended to read:12505. (a) (1) For purposes of this division only and notwithstanding Section 516, residency shall be determined as a persons state of domicile. State of domicile means the state where a person has his or her true, fixed, and permanent home and principal residence and to which he or she has manifested the intention of returning whenever he or she is absent.Prima(2) Prima facie evidence of residency for drivers licensing purposes includes, but is not limited to, the following:(A) Address where registered to vote.(B) Payment of resident tuition at a public institution of higher education.(C) Filing a homeowners property tax exemption.(D) Other acts, occurrences, or events that indicate presence in the state is more than temporary or transient.(2)(3) California residency is required of a person in order to be issued a commercial drivers license under this code.(b) The presumption of residency in this state may be rebutted by satisfactory evidence that the licensees primary residence is in another state.(c) Any A person entitled to an exemption under Section 12502, 12503, or 12504 may operate a motor vehicle in this state for not to exceed no more than 10 days from the date he or she establishes residence in this state, except that a person shall not operate a motor vehicle for employment in this state after establishing residency without first obtaining a license from the department.(d) If the State of California is decertified by the federal government and prohibited from issuing an initial, renewal, or upgraded commercial drivers license pursuant to Section 384.405 of Title 49 of the Code of Federal Regulations, the following applies:(1) An existing commercial drivers license issued pursuant to this code prior to the date that the state is notified of its decertification shall remain valid until its expiration date.(2) A person who is a resident of this state may obtain a nondomiciled commercial learners permit or commercial drivers license from any state that elects to issue a nondomiciled commercial learners permit or commercial drivers license and that complies with the testing and licensing standards contained in subparts F, G, and H of Part 383 of Title 49 of the Code of Federal Regulations.(3) For the purposes of this subdivision, a nondomiciled commercial learners permit or commercial drivers license is a commercial learners permit or commercial drivers license issued by a state to an individual domiciled in a foreign country or in another state.(e) The department may issue a nondomiciled commercial learners permit or nondomiciled commercial drivers license to a person who is domiciled in a state or jurisdiction that has been decertified by the federal government or not determined to be in compliance with the testing and licensing standards contained in subparts F, G, and H of Part 383 of Title 49 of the Code of Federal Regulations.(f) Subject to Section 12504, a person over the age of 16 years of age who is a resident of a foreign jurisdiction other than a state, territory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or Canada, having a valid drivers license issued to him or her by any other foreign jurisdiction may operate a motor vehicle in this state without obtaining a license from the department, unless the department determines that the foreign jurisdiction does not meet the licensing standards imposed by this code.(g) A person who is 18 years of age or older and in possession of a valid commercial learners permit or commercial drivers license issued by any state, territory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or a foreign jurisdiction that meets the licensing standards contained in subparts F, G, and H of Part 383 of Title 49 of the Code of Federal Regulations shall be granted reciprocity to operate vehicles of the appropriate class on the highways of this state.(h) Any A person from a foreign jurisdiction that does not meet the licensing standards contained in subparts F, G, and H of Part 383 of Title 49 of the Code of Federal Regulations shall obtain a commercial learners permit or commercial drivers license from the department before operating on the highways a motor vehicle for which a commercial drivers license is required, as described in Section 12804.9. The medical examination form required for issuance of a commercial drivers license shall be completed by a health care professional, as defined in paragraph (2) of subdivision (a) of Section 12804.9, who is licensed, certified, or registered to perform physical examinations in the United States of America. This subdivision does not apply to (1) drivers of schoolbuses operated in California on a trip for educational purposes or (2) drivers of vehicles used to provide the services of a local public agency.(i) This section does not authorize the employment of a person in violation of Section 12515.(j) Notwithstanding subdivision (c), a person entitled to an exemption under Section 12502, 12503, or 12504 who establishes residence in this state in 2018 may operate a motor vehicle in this state for no more than 90 days from the date he or she establishes residence, except that a person shall not operate a motor vehicle for employment in this state after establishing residency without first obtaining a license from the department. | |
| 118 | - | ||
| 119 | - | SEC. 2. Section 12505 of the Vehicle Code is amended to read: | |
| 120 | - | ||
| 121 | - | ### SEC. 2. | |
| 122 | - | ||
| 123 | - | 12505. (a) (1) For purposes of this division only and notwithstanding Section 516, residency shall be determined as a persons state of domicile. State of domicile means the state where a person has his or her true, fixed, and permanent home and principal residence and to which he or she has manifested the intention of returning whenever he or she is absent.Prima(2) Prima facie evidence of residency for drivers licensing purposes includes, but is not limited to, the following:(A) Address where registered to vote.(B) Payment of resident tuition at a public institution of higher education.(C) Filing a homeowners property tax exemption.(D) Other acts, occurrences, or events that indicate presence in the state is more than temporary or transient.(2)(3) California residency is required of a person in order to be issued a commercial drivers license under this code.(b) The presumption of residency in this state may be rebutted by satisfactory evidence that the licensees primary residence is in another state.(c) Any A person entitled to an exemption under Section 12502, 12503, or 12504 may operate a motor vehicle in this state for not to exceed no more than 10 days from the date he or she establishes residence in this state, except that a person shall not operate a motor vehicle for employment in this state after establishing residency without first obtaining a license from the department.(d) If the State of California is decertified by the federal government and prohibited from issuing an initial, renewal, or upgraded commercial drivers license pursuant to Section 384.405 of Title 49 of the Code of Federal Regulations, the following applies:(1) An existing commercial drivers license issued pursuant to this code prior to the date that the state is notified of its decertification shall remain valid until its expiration date.(2) A person who is a resident of this state may obtain a nondomiciled commercial learners permit or commercial drivers license from any state that elects to issue a nondomiciled commercial learners permit or commercial drivers license and that complies with the testing and licensing standards contained in subparts F, G, and H of Part 383 of Title 49 of the Code of Federal Regulations.(3) For the purposes of this subdivision, a nondomiciled commercial learners permit or commercial drivers license is a commercial learners permit or commercial drivers license issued by a state to an individual domiciled in a foreign country or in another state.(e) The department may issue a nondomiciled commercial learners permit or nondomiciled commercial drivers license to a person who is domiciled in a state or jurisdiction that has been decertified by the federal government or not determined to be in compliance with the testing and licensing standards contained in subparts F, G, and H of Part 383 of Title 49 of the Code of Federal Regulations.(f) Subject to Section 12504, a person over the age of 16 years of age who is a resident of a foreign jurisdiction other than a state, territory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or Canada, having a valid drivers license issued to him or her by any other foreign jurisdiction may operate a motor vehicle in this state without obtaining a license from the department, unless the department determines that the foreign jurisdiction does not meet the licensing standards imposed by this code.(g) A person who is 18 years of age or older and in possession of a valid commercial learners permit or commercial drivers license issued by any state, territory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or a foreign jurisdiction that meets the licensing standards contained in subparts F, G, and H of Part 383 of Title 49 of the Code of Federal Regulations shall be granted reciprocity to operate vehicles of the appropriate class on the highways of this state.(h) Any A person from a foreign jurisdiction that does not meet the licensing standards contained in subparts F, G, and H of Part 383 of Title 49 of the Code of Federal Regulations shall obtain a commercial learners permit or commercial drivers license from the department before operating on the highways a motor vehicle for which a commercial drivers license is required, as described in Section 12804.9. The medical examination form required for issuance of a commercial drivers license shall be completed by a health care professional, as defined in paragraph (2) of subdivision (a) of Section 12804.9, who is licensed, certified, or registered to perform physical examinations in the United States of America. This subdivision does not apply to (1) drivers of schoolbuses operated in California on a trip for educational purposes or (2) drivers of vehicles used to provide the services of a local public agency.(i) This section does not authorize the employment of a person in violation of Section 12515.(j) Notwithstanding subdivision (c), a person entitled to an exemption under Section 12502, 12503, or 12504 who establishes residence in this state in 2018 may operate a motor vehicle in this state for no more than 90 days from the date he or she establishes residence, except that a person shall not operate a motor vehicle for employment in this state after establishing residency without first obtaining a license from the department. | |
| 124 | - | ||
| 125 | - | 12505. (a) (1) For purposes of this division only and notwithstanding Section 516, residency shall be determined as a persons state of domicile. State of domicile means the state where a person has his or her true, fixed, and permanent home and principal residence and to which he or she has manifested the intention of returning whenever he or she is absent.Prima(2) Prima facie evidence of residency for drivers licensing purposes includes, but is not limited to, the following:(A) Address where registered to vote.(B) Payment of resident tuition at a public institution of higher education.(C) Filing a homeowners property tax exemption.(D) Other acts, occurrences, or events that indicate presence in the state is more than temporary or transient.(2)(3) California residency is required of a person in order to be issued a commercial drivers license under this code.(b) The presumption of residency in this state may be rebutted by satisfactory evidence that the licensees primary residence is in another state.(c) Any A person entitled to an exemption under Section 12502, 12503, or 12504 may operate a motor vehicle in this state for not to exceed no more than 10 days from the date he or she establishes residence in this state, except that a person shall not operate a motor vehicle for employment in this state after establishing residency without first obtaining a license from the department.(d) If the State of California is decertified by the federal government and prohibited from issuing an initial, renewal, or upgraded commercial drivers license pursuant to Section 384.405 of Title 49 of the Code of Federal Regulations, the following applies:(1) An existing commercial drivers license issued pursuant to this code prior to the date that the state is notified of its decertification shall remain valid until its expiration date.(2) A person who is a resident of this state may obtain a nondomiciled commercial learners permit or commercial drivers license from any state that elects to issue a nondomiciled commercial learners permit or commercial drivers license and that complies with the testing and licensing standards contained in subparts F, G, and H of Part 383 of Title 49 of the Code of Federal Regulations.(3) For the purposes of this subdivision, a nondomiciled commercial learners permit or commercial drivers license is a commercial learners permit or commercial drivers license issued by a state to an individual domiciled in a foreign country or in another state.(e) The department may issue a nondomiciled commercial learners permit or nondomiciled commercial drivers license to a person who is domiciled in a state or jurisdiction that has been decertified by the federal government or not determined to be in compliance with the testing and licensing standards contained in subparts F, G, and H of Part 383 of Title 49 of the Code of Federal Regulations.(f) Subject to Section 12504, a person over the age of 16 years of age who is a resident of a foreign jurisdiction other than a state, territory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or Canada, having a valid drivers license issued to him or her by any other foreign jurisdiction may operate a motor vehicle in this state without obtaining a license from the department, unless the department determines that the foreign jurisdiction does not meet the licensing standards imposed by this code.(g) A person who is 18 years of age or older and in possession of a valid commercial learners permit or commercial drivers license issued by any state, territory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or a foreign jurisdiction that meets the licensing standards contained in subparts F, G, and H of Part 383 of Title 49 of the Code of Federal Regulations shall be granted reciprocity to operate vehicles of the appropriate class on the highways of this state.(h) Any A person from a foreign jurisdiction that does not meet the licensing standards contained in subparts F, G, and H of Part 383 of Title 49 of the Code of Federal Regulations shall obtain a commercial learners permit or commercial drivers license from the department before operating on the highways a motor vehicle for which a commercial drivers license is required, as described in Section 12804.9. The medical examination form required for issuance of a commercial drivers license shall be completed by a health care professional, as defined in paragraph (2) of subdivision (a) of Section 12804.9, who is licensed, certified, or registered to perform physical examinations in the United States of America. This subdivision does not apply to (1) drivers of schoolbuses operated in California on a trip for educational purposes or (2) drivers of vehicles used to provide the services of a local public agency.(i) This section does not authorize the employment of a person in violation of Section 12515.(j) Notwithstanding subdivision (c), a person entitled to an exemption under Section 12502, 12503, or 12504 who establishes residence in this state in 2018 may operate a motor vehicle in this state for no more than 90 days from the date he or she establishes residence, except that a person shall not operate a motor vehicle for employment in this state after establishing residency without first obtaining a license from the department. | |
| 126 | - | ||
| 127 | - | 12505. (a) (1) For purposes of this division only and notwithstanding Section 516, residency shall be determined as a persons state of domicile. State of domicile means the state where a person has his or her true, fixed, and permanent home and principal residence and to which he or she has manifested the intention of returning whenever he or she is absent.Prima(2) Prima facie evidence of residency for drivers licensing purposes includes, but is not limited to, the following:(A) Address where registered to vote.(B) Payment of resident tuition at a public institution of higher education.(C) Filing a homeowners property tax exemption.(D) Other acts, occurrences, or events that indicate presence in the state is more than temporary or transient.(2)(3) California residency is required of a person in order to be issued a commercial drivers license under this code.(b) The presumption of residency in this state may be rebutted by satisfactory evidence that the licensees primary residence is in another state.(c) Any A person entitled to an exemption under Section 12502, 12503, or 12504 may operate a motor vehicle in this state for not to exceed no more than 10 days from the date he or she establishes residence in this state, except that a person shall not operate a motor vehicle for employment in this state after establishing residency without first obtaining a license from the department.(d) If the State of California is decertified by the federal government and prohibited from issuing an initial, renewal, or upgraded commercial drivers license pursuant to Section 384.405 of Title 49 of the Code of Federal Regulations, the following applies:(1) An existing commercial drivers license issued pursuant to this code prior to the date that the state is notified of its decertification shall remain valid until its expiration date.(2) A person who is a resident of this state may obtain a nondomiciled commercial learners permit or commercial drivers license from any state that elects to issue a nondomiciled commercial learners permit or commercial drivers license and that complies with the testing and licensing standards contained in subparts F, G, and H of Part 383 of Title 49 of the Code of Federal Regulations.(3) For the purposes of this subdivision, a nondomiciled commercial learners permit or commercial drivers license is a commercial learners permit or commercial drivers license issued by a state to an individual domiciled in a foreign country or in another state.(e) The department may issue a nondomiciled commercial learners permit or nondomiciled commercial drivers license to a person who is domiciled in a state or jurisdiction that has been decertified by the federal government or not determined to be in compliance with the testing and licensing standards contained in subparts F, G, and H of Part 383 of Title 49 of the Code of Federal Regulations.(f) Subject to Section 12504, a person over the age of 16 years of age who is a resident of a foreign jurisdiction other than a state, territory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or Canada, having a valid drivers license issued to him or her by any other foreign jurisdiction may operate a motor vehicle in this state without obtaining a license from the department, unless the department determines that the foreign jurisdiction does not meet the licensing standards imposed by this code.(g) A person who is 18 years of age or older and in possession of a valid commercial learners permit or commercial drivers license issued by any state, territory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or a foreign jurisdiction that meets the licensing standards contained in subparts F, G, and H of Part 383 of Title 49 of the Code of Federal Regulations shall be granted reciprocity to operate vehicles of the appropriate class on the highways of this state.(h) Any A person from a foreign jurisdiction that does not meet the licensing standards contained in subparts F, G, and H of Part 383 of Title 49 of the Code of Federal Regulations shall obtain a commercial learners permit or commercial drivers license from the department before operating on the highways a motor vehicle for which a commercial drivers license is required, as described in Section 12804.9. The medical examination form required for issuance of a commercial drivers license shall be completed by a health care professional, as defined in paragraph (2) of subdivision (a) of Section 12804.9, who is licensed, certified, or registered to perform physical examinations in the United States of America. This subdivision does not apply to (1) drivers of schoolbuses operated in California on a trip for educational purposes or (2) drivers of vehicles used to provide the services of a local public agency.(i) This section does not authorize the employment of a person in violation of Section 12515.(j) Notwithstanding subdivision (c), a person entitled to an exemption under Section 12502, 12503, or 12504 who establishes residence in this state in 2018 may operate a motor vehicle in this state for no more than 90 days from the date he or she establishes residence, except that a person shall not operate a motor vehicle for employment in this state after establishing residency without first obtaining a license from the department. | |
| 166 | + | (d)Employer means the State of California. | |
| 128 | 167 | ||
| 129 | 168 | ||
| 130 | 169 | ||
| 131 | - | 12505. (a) (1) For purposes of this division only and notwithstanding Section 516, residency shall be determined as a persons state of domicile. State of domicile means the state where a person has his or her true, fixed, and permanent home and principal residence and to which he or she has manifested the intention of returning whenever he or she is absent. | |
| 132 | - | ||
| 133 | - | Prima | |
| 170 | + | (e)Arbitration means the process that results in a binding ruling that resolves an excluded employee grievance as the third or fourth level of the excluded employee grievance process. | |
| 134 | 171 | ||
| 135 | 172 | ||
| 136 | 173 | ||
| 137 | - | (2) Prima facie evidence of residency for drivers licensing purposes includes, but is not limited to, the following: | |
| 138 | 174 | ||
| 139 | - | (A) Address where registered to vote. | |
| 140 | 175 | ||
| 141 | - | (B) Payment of resident tuition at a public institution of higher education. | |
| 142 | - | ||
| 143 | - | (C) Filing a homeowners property tax exemption. | |
| 144 | - | ||
| 145 | - | (D) Other acts, occurrences, or events that indicate presence in the state is more than temporary or transient. | |
| 146 | - | ||
| 147 | - | (2) | |
| 176 | + | An employee organization representing an employee who has filed a grievance with the department may request arbitration of the grievance if all of the following conditions are met: | |
| 148 | 177 | ||
| 149 | 178 | ||
| 150 | 179 | ||
| 151 | - | (3) California residency is required of a person in order to be issued a commercial drivers license under this code. | |
| 152 | - | ||
| 153 | - | (b) The presumption of residency in this state may be rebutted by satisfactory evidence that the licensees primary residence is in another state. | |
| 154 | - | ||
| 155 | - | (c) Any A person entitled to an exemption under Section 12502, 12503, or 12504 may operate a motor vehicle in this state for not to exceed no more than 10 days from the date he or she establishes residence in this state, except that a person shall not operate a motor vehicle for employment in this state after establishing residency without first obtaining a license from the department. | |
| 156 | - | ||
| 157 | - | (d) If the State of California is decertified by the federal government and prohibited from issuing an initial, renewal, or upgraded commercial drivers license pursuant to Section 384.405 of Title 49 of the Code of Federal Regulations, the following applies: | |
| 158 | - | ||
| 159 | - | (1) An existing commercial drivers license issued pursuant to this code prior to the date that the state is notified of its decertification shall remain valid until its expiration date. | |
| 160 | - | ||
| 161 | - | (2) A person who is a resident of this state may obtain a nondomiciled commercial learners permit or commercial drivers license from any state that elects to issue a nondomiciled commercial learners permit or commercial drivers license and that complies with the testing and licensing standards contained in subparts F, G, and H of Part 383 of Title 49 of the Code of Federal Regulations. | |
| 162 | - | ||
| 163 | - | (3) For the purposes of this subdivision, a nondomiciled commercial learners permit or commercial drivers license is a commercial learners permit or commercial drivers license issued by a state to an individual domiciled in a foreign country or in another state. | |
| 164 | - | ||
| 165 | - | (e) The department may issue a nondomiciled commercial learners permit or nondomiciled commercial drivers license to a person who is domiciled in a state or jurisdiction that has been decertified by the federal government or not determined to be in compliance with the testing and licensing standards contained in subparts F, G, and H of Part 383 of Title 49 of the Code of Federal Regulations. | |
| 166 | - | ||
| 167 | - | (f) Subject to Section 12504, a person over the age of 16 years of age who is a resident of a foreign jurisdiction other than a state, territory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or Canada, having a valid drivers license issued to him or her by any other foreign jurisdiction may operate a motor vehicle in this state without obtaining a license from the department, unless the department determines that the foreign jurisdiction does not meet the licensing standards imposed by this code. | |
| 168 | - | ||
| 169 | - | (g) A person who is 18 years of age or older and in possession of a valid commercial learners permit or commercial drivers license issued by any state, territory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or a foreign jurisdiction that meets the licensing standards contained in subparts F, G, and H of Part 383 of Title 49 of the Code of Federal Regulations shall be granted reciprocity to operate vehicles of the appropriate class on the highways of this state. | |
| 170 | - | ||
| 171 | - | (h) Any A person from a foreign jurisdiction that does not meet the licensing standards contained in subparts F, G, and H of Part 383 of Title 49 of the Code of Federal Regulations shall obtain a commercial learners permit or commercial drivers license from the department before operating on the highways a motor vehicle for which a commercial drivers license is required, as described in Section 12804.9. The medical examination form required for issuance of a commercial drivers license shall be completed by a health care professional, as defined in paragraph (2) of subdivision (a) of Section 12804.9, who is licensed, certified, or registered to perform physical examinations in the United States of America. This subdivision does not apply to (1) drivers of schoolbuses operated in California on a trip for educational purposes or (2) drivers of vehicles used to provide the services of a local public agency. | |
| 172 | - | ||
| 173 | - | (i) This section does not authorize the employment of a person in violation of Section 12515. | |
| 174 | - | ||
| 175 | - | (j) Notwithstanding subdivision (c), a person entitled to an exemption under Section 12502, 12503, or 12504 who establishes residence in this state in 2018 may operate a motor vehicle in this state for no more than 90 days from the date he or she establishes residence, except that a person shall not operate a motor vehicle for employment in this state after establishing residency without first obtaining a license from the department. | |
| 176 | - | ||
| 177 | - | SEC. 3. Section 14900.1 of the Vehicle Code is amended to read:14900.1. (a) Except as provided in subdivision (c) and in Section 15255.1, upon application for the renewal of a drivers license or for a license to operate a different class of vehicle, a fee of twenty-four dollars ($24), and on and after January 1, 2010, a fee of thirty dollars ($30), shall be paid to the department for a license that will expire on the fifth birthday of the applicant following the date of the application. The payment of the fee entitles the person paying the fee to apply for a drivers license and to take three examinations within a period of 12 months from the date of the application or during the period that an instruction permit is valid, as provided in Section 12509.(b) In addition to the application fee specified in subdivision (a), a person who fails to successfully complete the driving skill test on the first attempt shall be required to pay an additional fee of five dollars ($5) for each additional driving skill test administered under that application.(c) The application fee specified in subdivision (a) shall be waived for a person who renews his or her drivers license in person before October 1, 2020, to obtain a Real ID drivers license if that person had previously renewed his or her license by mail or on the departments Internet Web site for a license that expired between September 1, 2018, and January 31, 2019. | |
| 178 | - | ||
| 179 | - | SEC. 3. Section 14900.1 of the Vehicle Code is amended to read: | |
| 180 | - | ||
| 181 | - | ### SEC. 3. | |
| 182 | - | ||
| 183 | - | 14900.1. (a) Except as provided in subdivision (c) and in Section 15255.1, upon application for the renewal of a drivers license or for a license to operate a different class of vehicle, a fee of twenty-four dollars ($24), and on and after January 1, 2010, a fee of thirty dollars ($30), shall be paid to the department for a license that will expire on the fifth birthday of the applicant following the date of the application. The payment of the fee entitles the person paying the fee to apply for a drivers license and to take three examinations within a period of 12 months from the date of the application or during the period that an instruction permit is valid, as provided in Section 12509.(b) In addition to the application fee specified in subdivision (a), a person who fails to successfully complete the driving skill test on the first attempt shall be required to pay an additional fee of five dollars ($5) for each additional driving skill test administered under that application.(c) The application fee specified in subdivision (a) shall be waived for a person who renews his or her drivers license in person before October 1, 2020, to obtain a Real ID drivers license if that person had previously renewed his or her license by mail or on the departments Internet Web site for a license that expired between September 1, 2018, and January 31, 2019. | |
| 184 | - | ||
| 185 | - | 14900.1. (a) Except as provided in subdivision (c) and in Section 15255.1, upon application for the renewal of a drivers license or for a license to operate a different class of vehicle, a fee of twenty-four dollars ($24), and on and after January 1, 2010, a fee of thirty dollars ($30), shall be paid to the department for a license that will expire on the fifth birthday of the applicant following the date of the application. The payment of the fee entitles the person paying the fee to apply for a drivers license and to take three examinations within a period of 12 months from the date of the application or during the period that an instruction permit is valid, as provided in Section 12509.(b) In addition to the application fee specified in subdivision (a), a person who fails to successfully complete the driving skill test on the first attempt shall be required to pay an additional fee of five dollars ($5) for each additional driving skill test administered under that application.(c) The application fee specified in subdivision (a) shall be waived for a person who renews his or her drivers license in person before October 1, 2020, to obtain a Real ID drivers license if that person had previously renewed his or her license by mail or on the departments Internet Web site for a license that expired between September 1, 2018, and January 31, 2019. | |
| 186 | - | ||
| 187 | - | 14900.1. (a) Except as provided in subdivision (c) and in Section 15255.1, upon application for the renewal of a drivers license or for a license to operate a different class of vehicle, a fee of twenty-four dollars ($24), and on and after January 1, 2010, a fee of thirty dollars ($30), shall be paid to the department for a license that will expire on the fifth birthday of the applicant following the date of the application. The payment of the fee entitles the person paying the fee to apply for a drivers license and to take three examinations within a period of 12 months from the date of the application or during the period that an instruction permit is valid, as provided in Section 12509.(b) In addition to the application fee specified in subdivision (a), a person who fails to successfully complete the driving skill test on the first attempt shall be required to pay an additional fee of five dollars ($5) for each additional driving skill test administered under that application.(c) The application fee specified in subdivision (a) shall be waived for a person who renews his or her drivers license in person before October 1, 2020, to obtain a Real ID drivers license if that person had previously renewed his or her license by mail or on the departments Internet Web site for a license that expired between September 1, 2018, and January 31, 2019. | |
| 180 | + | (a)The grievance alleges a dispute that is subject to the procedures established in Section 599.859 of Title 2 of the California Code of Regulations, as that section read on January 1, 2017. | |
| 188 | 181 | ||
| 189 | 182 | ||
| 190 | 183 | ||
| 191 | - | 14900.1. (a) Except as provided in subdivision (c) and in Section 15255.1, upon application for the renewal of a drivers license or for a license to operate a different class of vehicle, a fee of twenty-four dollars ($24), and on and after January 1, 2010, a fee of thirty dollars ($30), shall be paid to the department for a license that will expire on the fifth birthday of the applicant following the date of the application. The payment of the fee entitles the person paying the fee to apply for a drivers license and to take three examinations within a period of 12 months from the date of the application or during the period that an instruction permit is valid, as provided in Section 12509. | |
| 192 | - | ||
| 193 | - | (b) In addition to the application fee specified in subdivision (a), a person who fails to successfully complete the driving skill test on the first attempt shall be required to pay an additional fee of five dollars ($5) for each additional driving skill test administered under that application. | |
| 194 | - | ||
| 195 | - | (c) The application fee specified in subdivision (a) shall be waived for a person who renews his or her drivers license in person before October 1, 2020, to obtain a Real ID drivers license if that person had previously renewed his or her license by mail or on the departments Internet Web site for a license that expired between September 1, 2018, and January 31, 2019. | |
| 196 | - | ||
| 197 | - | SEC. 4. Section 14901 of the Vehicle Code is amended to read:14901. (a) Upon an application for a duplicate drivers license or for a change of name on a drivers license, a fee of nineteen dollars ($19), and on and after January 1, 2010, a fee of twenty-four dollars ($24), shall be paid to the department.(b) The application fee specified in subdivision (a) shall be waived for a person who applies for a duplicate drivers license in person before October 1, 2020, to obtain a Real ID drivers license if that person had previously renewed his or her license by mail or on the departments Internet Web site for a license that expired between September 1, 2018, and January 31, 2019. | |
| 198 | - | ||
| 199 | - | SEC. 4. Section 14901 of the Vehicle Code is amended to read: | |
| 200 | - | ||
| 201 | - | ### SEC. 4. | |
| 202 | - | ||
| 203 | - | 14901. (a) Upon an application for a duplicate drivers license or for a change of name on a drivers license, a fee of nineteen dollars ($19), and on and after January 1, 2010, a fee of twenty-four dollars ($24), shall be paid to the department.(b) The application fee specified in subdivision (a) shall be waived for a person who applies for a duplicate drivers license in person before October 1, 2020, to obtain a Real ID drivers license if that person had previously renewed his or her license by mail or on the departments Internet Web site for a license that expired between September 1, 2018, and January 31, 2019. | |
| 204 | - | ||
| 205 | - | 14901. (a) Upon an application for a duplicate drivers license or for a change of name on a drivers license, a fee of nineteen dollars ($19), and on and after January 1, 2010, a fee of twenty-four dollars ($24), shall be paid to the department.(b) The application fee specified in subdivision (a) shall be waived for a person who applies for a duplicate drivers license in person before October 1, 2020, to obtain a Real ID drivers license if that person had previously renewed his or her license by mail or on the departments Internet Web site for a license that expired between September 1, 2018, and January 31, 2019. | |
| 206 | - | ||
| 207 | - | 14901. (a) Upon an application for a duplicate drivers license or for a change of name on a drivers license, a fee of nineteen dollars ($19), and on and after January 1, 2010, a fee of twenty-four dollars ($24), shall be paid to the department.(b) The application fee specified in subdivision (a) shall be waived for a person who applies for a duplicate drivers license in person before October 1, 2020, to obtain a Real ID drivers license if that person had previously renewed his or her license by mail or on the departments Internet Web site for a license that expired between September 1, 2018, and January 31, 2019. | |
| 184 | + | (b)The grievance has not been resolved to the employee organizations satisfaction after either of the following, as applicable, pursuant to regulations of the department governing grievances for excluded employees: | |
| 208 | 185 | ||
| 209 | 186 | ||
| 210 | 187 | ||
| 211 | - | ||
| 188 | + | (1)The fourth level of review. | |
| 212 | 189 | ||
| 213 | - | (b) The application fee specified in subdivision (a) shall be waived for a person who applies for a duplicate drivers license in person before October 1, 2020, to obtain a Real ID drivers license if that person had previously renewed his or her license by mail or on the departments Internet Web site for a license that expired between September 1, 2018, and January 31, 2019. | |
| 214 | 190 | ||
| 215 | - | SEC. 3.SEC. 5. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:In order to address significant wait times for renewal of drivers licenses and license renewals, drivers licenses for certain persons who establish residency in the state in 2018, and certain vehicle registrations expiring in 2018 as soon as possible, it is necessary for this act to take effect immediately. | |
| 216 | 191 | ||
| 217 | - | ||
| 192 | + | (2)In cases where there is no fourth level of review, the third level of review. | |
| 218 | 193 | ||
| 219 | - | SEC. 3.SEC. 5. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are: | |
| 220 | 194 | ||
| 221 | - | ### SEC. 3.SEC. 5. | |
| 222 | 195 | ||
| 223 | - | In order to address significant wait times for renewal of drivers licenses and license renewals, drivers licenses for certain persons who establish residency in the state in 2018, and certain vehicle registrations expiring in 2018 as soon as possible, it is necessary for this act to take effect immediately. | |
| 196 | + | (c)The employee organization requests arbitration in writing, submitted to the department, within 21 days of a decision rendered in either of the following, as applicable: | |
| 197 | + | ||
| 198 | + | ||
| 199 | + | ||
| 200 | + | (1)The fourth level of review. | |
| 201 | + | ||
| 202 | + | ||
| 203 | + | ||
| 204 | + | (2)In cases where there is no fourth level of review, the third level of review. | |
| 205 | + | ||
| 206 | + | ||
| 207 | + | ||
| 208 | + | ||
| 209 | + | ||
| 210 | + | (a)After a request for arbitration is made, the department and the employee organization shall designate a standing panel of at least 20 arbitrators who shall be available for arbitration under this chapter. | |
| 211 | + | ||
| 212 | + | ||
| 213 | + | ||
| 214 | + | (b)If there are fewer than three arbitrators available, then the employee organization or the employer may obtain the names of an additional five arbitrators from the California State Mediation and Conciliation Service within the Public Employment Relations Board. | |
| 215 | + | ||
| 216 | + | ||
| 217 | + | ||
| 218 | + | (c)From that standing panel, the employee organization and the employer may consecutively strike any arbitrator from that panel until the name of one arbitrator is agreed upon, or, if no agreement is made, the last remaining person on the panel shall be designated the arbitrator. The name of that arbitrator shall be submitted in writing to the department. | |
| 219 | + | ||
| 220 | + | ||
| 221 | + | ||
| 222 | + | (d)If the employee organization does not submit its choice of an arbitrator within 45 days after requesting arbitration, the request for arbitration shall be considered withdrawn. A request that is withdrawn shall not prevent the employee from pursuing other grievance procedures available by law. | |
| 223 | + | ||
| 224 | + | ||
| 225 | + | ||
| 226 | + | ||
| 227 | + | ||
| 228 | + | (a)A party to the arbitration shall have the right to have a certified shorthand reporter transcribe the proceeding. The transcript shall be the official record of the proceeding. | |
| 229 | + | ||
| 230 | + | ||
| 231 | + | ||
| 232 | + | (b)The arbitrator shall apply California law to the facts. The arbitrator shall issue a decision for each grievance heard during the arbitration. The decision shall be based solely on the written record in the grievance, the grievance response, and the oral presentations made at the arbitration. The arbitrators decision shall be legally binding. | |
| 233 | + | ||
| 234 | + | ||
| 235 | + | ||
| 236 | + | (c)The arbitrator shall issue a written decision within 45 days of the conclusion of the hearing. | |
| 237 | + | ||
| 238 | + | ||
| 239 | + | ||
| 240 | + | (d)The arbitrator shall order the nonprevailing party to pay the cost of the arbitration, including the cost of a certified shorthand reporter. The arbitrator shall not order the excluded employee to pay the cost of arbitration or the cost of a certified shorthand reporter, and the cost of arbitration, including the cost of a certified shorthand reporter, shall not be passed on to the excluded employee. |