California 2017-2018 Regular Session

California Senate Bill SB603 Compare Versions

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11 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Senate Bill No. 603Introduced by Senator Glazer(Coauthors: Assembly Members Baker and Grayson)February 17, 2017 An act to add Section 28856 to the Public Utilities Code, relating to transportation. LEGISLATIVE COUNSEL'S DIGESTSB 603, as introduced, Glazer. San Francisco Bay Area Rapid Transit District: work stoppages.Existing law creates the San Francisco Bay Area Rapid Transit District (BART), governed by an elected board of directors, with various duties and responsibilities relative to the operation of a passenger rail transit system. Existing law establishes provisions regulating the collective bargaining of BART employees and its board of directors.This bill would prohibit BART from entering into an agreement that would limit its ability to prepare for a work stoppage or operate during a work stoppage. By imposing new duties on a local governmental entity, the bill would create a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares all of the following:(a) The public interest and the interests of transit riders is paramount in the event of a work stoppage affecting the Bay Area Rapid Transit District (BART).(b) The right of employees to strike is a basic tenet of the workplace, a cornerstone to the labor movements continued efforts at improving the lives of working men and women. Striking for better wages and benefits is part of the rich pageantry of labor history in the United States and the State of California.(c) Public agencies, however, have a vital responsibility to protect the publics interest. They should never enter into agreements that interfere with their sacred responsibility to serve the greater public goodthe safety of, and economic and environmental well-being of, a community. Public and private agencies, from school districts to hospitals, attempt to avoid conflicts that could lead to work stoppages, but they nevertheless fulfill their sworn duty to prepare for any possibility.(d) BART, which carries a daily average of 430,000 passengers, provides an essential service to the bay area. It is one of the nations largest transportation systems and bears an immense responsibility to the communities it serves. Highway gridlock affects hundreds of thousands of commuters and forcing extra automobiles onto the road adds to pollution.(e) Transit work stoppages can be just as crippling to the economic activities of broad regions as mass power outages or even threats to the safety of communities. Working people cannot get to jobs during work stoppages. Those who rely on BART to get to school or to receive vital health care services find themselves effectively blocked from reaching their appointments.(f) BART has and should retain maximum flexibility to prepare for a work stoppage and to operate in the event of one. It is imperative that BART not enter into agreements that hinder its ability to train, certify, or deploy any resources, including managers, to operate every part of the system should BARTs regular workforce be unable or unwilling to do so.SEC. 2. Section 28856 is added to the Public Utilities Code, to read:28856. (a) For purposes of this section, work stoppage means the ceasing of work by employees that impedes a necessary function of the district as a whole.(b) The district shall not enter into an agreement that would limit its ability to prepare for a work stoppage or to operate during a work stoppage. SEC. 3. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
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33 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Senate Bill No. 603Introduced by Senator Glazer(Coauthors: Assembly Members Baker and Grayson)February 17, 2017 An act to add Section 28856 to the Public Utilities Code, relating to transportation. LEGISLATIVE COUNSEL'S DIGESTSB 603, as introduced, Glazer. San Francisco Bay Area Rapid Transit District: work stoppages.Existing law creates the San Francisco Bay Area Rapid Transit District (BART), governed by an elected board of directors, with various duties and responsibilities relative to the operation of a passenger rail transit system. Existing law establishes provisions regulating the collective bargaining of BART employees and its board of directors.This bill would prohibit BART from entering into an agreement that would limit its ability to prepare for a work stoppage or operate during a work stoppage. By imposing new duties on a local governmental entity, the bill would create a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES
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99 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION
1010
1111 Senate Bill No. 603
1212
1313 Introduced by Senator Glazer(Coauthors: Assembly Members Baker and Grayson)February 17, 2017
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1515 Introduced by Senator Glazer(Coauthors: Assembly Members Baker and Grayson)
1616 February 17, 2017
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1818 An act to add Section 28856 to the Public Utilities Code, relating to transportation.
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2020 LEGISLATIVE COUNSEL'S DIGEST
2121
2222 ## LEGISLATIVE COUNSEL'S DIGEST
2323
2424 SB 603, as introduced, Glazer. San Francisco Bay Area Rapid Transit District: work stoppages.
2525
2626 Existing law creates the San Francisco Bay Area Rapid Transit District (BART), governed by an elected board of directors, with various duties and responsibilities relative to the operation of a passenger rail transit system. Existing law establishes provisions regulating the collective bargaining of BART employees and its board of directors.This bill would prohibit BART from entering into an agreement that would limit its ability to prepare for a work stoppage or operate during a work stoppage. By imposing new duties on a local governmental entity, the bill would create a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
2727
2828 Existing law creates the San Francisco Bay Area Rapid Transit District (BART), governed by an elected board of directors, with various duties and responsibilities relative to the operation of a passenger rail transit system. Existing law establishes provisions regulating the collective bargaining of BART employees and its board of directors.
2929
3030 This bill would prohibit BART from entering into an agreement that would limit its ability to prepare for a work stoppage or operate during a work stoppage. By imposing new duties on a local governmental entity, the bill would create a state-mandated local program.
3131
3232 The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
3333
3434 This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
3535
3636 ## Digest Key
3737
3838 ## Bill Text
3939
4040 The people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares all of the following:(a) The public interest and the interests of transit riders is paramount in the event of a work stoppage affecting the Bay Area Rapid Transit District (BART).(b) The right of employees to strike is a basic tenet of the workplace, a cornerstone to the labor movements continued efforts at improving the lives of working men and women. Striking for better wages and benefits is part of the rich pageantry of labor history in the United States and the State of California.(c) Public agencies, however, have a vital responsibility to protect the publics interest. They should never enter into agreements that interfere with their sacred responsibility to serve the greater public goodthe safety of, and economic and environmental well-being of, a community. Public and private agencies, from school districts to hospitals, attempt to avoid conflicts that could lead to work stoppages, but they nevertheless fulfill their sworn duty to prepare for any possibility.(d) BART, which carries a daily average of 430,000 passengers, provides an essential service to the bay area. It is one of the nations largest transportation systems and bears an immense responsibility to the communities it serves. Highway gridlock affects hundreds of thousands of commuters and forcing extra automobiles onto the road adds to pollution.(e) Transit work stoppages can be just as crippling to the economic activities of broad regions as mass power outages or even threats to the safety of communities. Working people cannot get to jobs during work stoppages. Those who rely on BART to get to school or to receive vital health care services find themselves effectively blocked from reaching their appointments.(f) BART has and should retain maximum flexibility to prepare for a work stoppage and to operate in the event of one. It is imperative that BART not enter into agreements that hinder its ability to train, certify, or deploy any resources, including managers, to operate every part of the system should BARTs regular workforce be unable or unwilling to do so.SEC. 2. Section 28856 is added to the Public Utilities Code, to read:28856. (a) For purposes of this section, work stoppage means the ceasing of work by employees that impedes a necessary function of the district as a whole.(b) The district shall not enter into an agreement that would limit its ability to prepare for a work stoppage or to operate during a work stoppage. SEC. 3. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
4141
4242 The people of the State of California do enact as follows:
4343
4444 ## The people of the State of California do enact as follows:
4545
4646 SECTION 1. The Legislature finds and declares all of the following:(a) The public interest and the interests of transit riders is paramount in the event of a work stoppage affecting the Bay Area Rapid Transit District (BART).(b) The right of employees to strike is a basic tenet of the workplace, a cornerstone to the labor movements continued efforts at improving the lives of working men and women. Striking for better wages and benefits is part of the rich pageantry of labor history in the United States and the State of California.(c) Public agencies, however, have a vital responsibility to protect the publics interest. They should never enter into agreements that interfere with their sacred responsibility to serve the greater public goodthe safety of, and economic and environmental well-being of, a community. Public and private agencies, from school districts to hospitals, attempt to avoid conflicts that could lead to work stoppages, but they nevertheless fulfill their sworn duty to prepare for any possibility.(d) BART, which carries a daily average of 430,000 passengers, provides an essential service to the bay area. It is one of the nations largest transportation systems and bears an immense responsibility to the communities it serves. Highway gridlock affects hundreds of thousands of commuters and forcing extra automobiles onto the road adds to pollution.(e) Transit work stoppages can be just as crippling to the economic activities of broad regions as mass power outages or even threats to the safety of communities. Working people cannot get to jobs during work stoppages. Those who rely on BART to get to school or to receive vital health care services find themselves effectively blocked from reaching their appointments.(f) BART has and should retain maximum flexibility to prepare for a work stoppage and to operate in the event of one. It is imperative that BART not enter into agreements that hinder its ability to train, certify, or deploy any resources, including managers, to operate every part of the system should BARTs regular workforce be unable or unwilling to do so.
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4848 SECTION 1. The Legislature finds and declares all of the following:(a) The public interest and the interests of transit riders is paramount in the event of a work stoppage affecting the Bay Area Rapid Transit District (BART).(b) The right of employees to strike is a basic tenet of the workplace, a cornerstone to the labor movements continued efforts at improving the lives of working men and women. Striking for better wages and benefits is part of the rich pageantry of labor history in the United States and the State of California.(c) Public agencies, however, have a vital responsibility to protect the publics interest. They should never enter into agreements that interfere with their sacred responsibility to serve the greater public goodthe safety of, and economic and environmental well-being of, a community. Public and private agencies, from school districts to hospitals, attempt to avoid conflicts that could lead to work stoppages, but they nevertheless fulfill their sworn duty to prepare for any possibility.(d) BART, which carries a daily average of 430,000 passengers, provides an essential service to the bay area. It is one of the nations largest transportation systems and bears an immense responsibility to the communities it serves. Highway gridlock affects hundreds of thousands of commuters and forcing extra automobiles onto the road adds to pollution.(e) Transit work stoppages can be just as crippling to the economic activities of broad regions as mass power outages or even threats to the safety of communities. Working people cannot get to jobs during work stoppages. Those who rely on BART to get to school or to receive vital health care services find themselves effectively blocked from reaching their appointments.(f) BART has and should retain maximum flexibility to prepare for a work stoppage and to operate in the event of one. It is imperative that BART not enter into agreements that hinder its ability to train, certify, or deploy any resources, including managers, to operate every part of the system should BARTs regular workforce be unable or unwilling to do so.
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5050 SECTION 1. The Legislature finds and declares all of the following:
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5252 ### SECTION 1.
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5454 (a) The public interest and the interests of transit riders is paramount in the event of a work stoppage affecting the Bay Area Rapid Transit District (BART).
5555
5656 (b) The right of employees to strike is a basic tenet of the workplace, a cornerstone to the labor movements continued efforts at improving the lives of working men and women. Striking for better wages and benefits is part of the rich pageantry of labor history in the United States and the State of California.
5757
5858 (c) Public agencies, however, have a vital responsibility to protect the publics interest. They should never enter into agreements that interfere with their sacred responsibility to serve the greater public goodthe safety of, and economic and environmental well-being of, a community. Public and private agencies, from school districts to hospitals, attempt to avoid conflicts that could lead to work stoppages, but they nevertheless fulfill their sworn duty to prepare for any possibility.
5959
6060 (d) BART, which carries a daily average of 430,000 passengers, provides an essential service to the bay area. It is one of the nations largest transportation systems and bears an immense responsibility to the communities it serves. Highway gridlock affects hundreds of thousands of commuters and forcing extra automobiles onto the road adds to pollution.
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6262 (e) Transit work stoppages can be just as crippling to the economic activities of broad regions as mass power outages or even threats to the safety of communities. Working people cannot get to jobs during work stoppages. Those who rely on BART to get to school or to receive vital health care services find themselves effectively blocked from reaching their appointments.
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6464 (f) BART has and should retain maximum flexibility to prepare for a work stoppage and to operate in the event of one. It is imperative that BART not enter into agreements that hinder its ability to train, certify, or deploy any resources, including managers, to operate every part of the system should BARTs regular workforce be unable or unwilling to do so.
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6666 SEC. 2. Section 28856 is added to the Public Utilities Code, to read:28856. (a) For purposes of this section, work stoppage means the ceasing of work by employees that impedes a necessary function of the district as a whole.(b) The district shall not enter into an agreement that would limit its ability to prepare for a work stoppage or to operate during a work stoppage.
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6868 SEC. 2. Section 28856 is added to the Public Utilities Code, to read:
6969
7070 ### SEC. 2.
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7272 28856. (a) For purposes of this section, work stoppage means the ceasing of work by employees that impedes a necessary function of the district as a whole.(b) The district shall not enter into an agreement that would limit its ability to prepare for a work stoppage or to operate during a work stoppage.
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7474 28856. (a) For purposes of this section, work stoppage means the ceasing of work by employees that impedes a necessary function of the district as a whole.(b) The district shall not enter into an agreement that would limit its ability to prepare for a work stoppage or to operate during a work stoppage.
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7676 28856. (a) For purposes of this section, work stoppage means the ceasing of work by employees that impedes a necessary function of the district as a whole.(b) The district shall not enter into an agreement that would limit its ability to prepare for a work stoppage or to operate during a work stoppage.
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8080 28856. (a) For purposes of this section, work stoppage means the ceasing of work by employees that impedes a necessary function of the district as a whole.
8181
8282 (b) The district shall not enter into an agreement that would limit its ability to prepare for a work stoppage or to operate during a work stoppage.
8383
8484 SEC. 3. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
8585
8686 SEC. 3. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
8787
8888 SEC. 3. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
8989
9090 ### SEC. 3.