BILL NUMBER: SB 423 AMENDED
BILL TEXT
AMENDED IN SENATE SEPTEMBER 12, 2013
INTRODUCED BY Senator Huff
FEBRUARY 21, 2013
An act to amend Section 900 of the Insurance Code,
relating to insurance. 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.
LEGISLATIVE COUNSEL'S DIGEST
SB 423, as amended, Huff. Insurance: annual statements.
San Francisco Bay Area Rapid Transit District:
strikes: prohibition.
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.
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.
This bill would declare that it is to take effect immediately as
an urgency statute.
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.
This bill would make technical, nonsubstantive changes to that
provision.
Vote: majority 2/3 . Appropriation:
no. Fiscal committee: no. State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 3616 of the
Government Code is amended to read:
3616. Except as expressly provided by subdivision (b) of Section
3612 and Section 3614, 3612, and Sections
3614 and 3616.1, nothing in this chapter shall be construed to
grant or deprive employees of a right to strike.
SEC. 2. Section 3616.1 is added to the
Government Code , to read:
3616.1. (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.
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 Constitution and shall go
into immediate effect. The facts constituting the necessity are:
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.
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.