Bill Text

PDF |Add To My Favorites |Track Bill | print page

SB-76 Vehicles: driver’s licenses and foreign vehicle registrations expiring in 2018.(2017-2018)

SHARE THIS:share this bill in Facebookshare this bill in Twitter
Date Published: 08/16/2018 09:00 PM
SB76:v96#DOCUMENT

Amended  IN  Assembly  August 16, 2018
Amended  IN  Assembly  June 29, 2017
Amended  IN  Senate  March 22, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 76


Introduced by Senator Nielsen Bates

January 10, 2017


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.


LEGISLATIVE COUNSEL'S DIGEST


SB 76, as amended, Nielsen Bates. Excluded employees: arbitration. Vehicles: driver’s 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 driver’s 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 driver’s 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 Controller’s 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.

Vote: MAJORITY2/3   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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 driver’s license expires on the fifth birthday of the applicant following the date of the application for the license.
(2) Each original or renewed driver’s 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 driver’s 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 driver’s 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 driver’s 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 driver’s 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 driver’s 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 California’s 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 Act
3539.75.

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 organization’s 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 arbitrator’s 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.