Amended in Senate September 12, 2013

Senate Bill No. 423

Introduced by Senator Huff

February 21, 2013

An act to amend begin delete Section 900 of the Insurance Code, relating to insurance. end delete begin insert Section 3616 of, and to add Section 3616.1 to, the Government Code, relating to the San Francisco Bay Area Rapid Transit District, and declaring the urgency thereof, to take effect immediately. end insert

LEGISLATIVE COUNSEL’S DIGEST

SB 423, as amended, Huff. begin delete Insurance: annual statements. end delete begin insert San Francisco Bay Area Rapid Transit District: strikes: prohibition. end insert

begin insert

Existing law creates the San Francisco Bay Area Rapid Transit District and establishes provisions regulating the collective bargaining of the employees and the board of directors of that district. Existing law prescribes procedures specifically relating to the collective bargaining of transit districts, and authorizes the Governor, when it appears a strike will significantly disrupt transportation services and endanger public health, safety, and welfare, to appoint a board to investigate issues in connection with these labor negotiations and make a report. Existing law prohibits a strike during the period of investigation and permits the Governor, upon receiving a report from a board of investigation, to request the Attorney General to petition a court to enjoin the strike, as specified.

end insert begin insert

This bill would prohibit public sector transit employees of the San Francisco Bay Area Rapid Transit District from striking if a clause prohibiting striking is an element of a labor contract that an employee or employee organization has agreed to in an expired or previously written labor contract between the employees and the district.

end insert begin insert

This bill would declare that it is to take effect immediately as an urgency statute.

end insert begin delete

Existing law requires every insurer, each year on or before the first day of March, to make and file with the Insurance Commissioner in the number, form, and by the methods prescribed by the commissioner, statements exhibiting its condition and affairs as of the previous December 31.

end delete begin delete

This bill would make technical, nonsubstantive changes to that provision.

end delete

Vote:  begin delete majority end delete begin insert ²⁄₃ end insert . Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 3616 of the end insert begin insert Government Code end insert begin insert is amended
to read: end insert

3616.  

Except as expressly provided by subdivision (b) of
Section begin delete 3612 and Section 3614, end delete begin insert 3612, and Sections 3614 and
3616.1, end insert nothing in this chapter shall be construed to grant or
deprive employees of a right to strike.

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 3616.1 is added to the end insert begin insert Government Code end insert begin insert , to
read: end insert

begin insert

begin insert 3616.1. end insert   

(a) This section shall apply to employees of the San
Francisco Bay Area Rapid Transit District as created in Section
28600 of the Public Utilities Code.

(b) Notwithstanding any other law, public sector transit
employees described in subdivision (a) shall not strike if a clause
prohibiting striking is an element of a labor contract that an
employee or employee organization has agreed to in an expired
or previously written labor contract between the employees and
the district.

end insert

begin insert

begin insert SEC. 3. end insert   

end insert begin insert

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 Constitution and shall go into
immediate effect. The facts constituting the necessity are:

end insert begin insert

In order to facilitate the orderly administration of transportation
of San Francisco Bay area citizens and visitors, to avoid the
imminent threat to public health and safety, and to ensure that
commuters are not stranded and that lost worker productivity is
kept at a minimum, it is necessary that this act take effect
immediately.

end insert

begin delete

SECTION 1.  

Section 900 of the Insurance Code is amended
to read:

900.  

(a) Each year, on or before the first day of March, every
insurer doing business in this state shall make and file with the
commissioner, in the number, form, and by the methods prescribed
by the commissioner, statements exhibiting its condition and affairs
as of the previous December 31. If the first day of March falls on
a day other than a business day, the filing is due to the
commissioner by the first business day preceding the first day of
March.

(b) Each year, on or before the following dates, every insurer
doing business in this state shall make and file with the
commissioner, in the number, form, and methods prescribed by
the commissioner, statements exhibiting its condition and affairs
for the period beginning on January 1 of the current calendar year
through the end of each quarter of the current year as described
below. These quarterly filings shall cover the period of time
beginning January 1 of the current year through and including the
last day of the quarter for which the report is being made. The first
quarter filing shall be filed with the commissioner on or before
May 15 of every year. The second quarter filing shall be filed with
the commissioner on or before August 15 of every year. The third
quarter filing shall be filed with the commissioner on or before
November 15 of every year. If any of these dates fall on a day
other than a business day, then the filing is due to the commissioner
by the first business day preceding that date.

end delete