BILL NUMBER: AB 2184 CHAPTERED 09/18/02 CHAPTER 650 FILED WITH SECRETARY OF STATE SEPTEMBER 18, 2002 APPROVED BY GOVERNOR SEPTEMBER 17, 2002 PASSED THE ASSEMBLY AUGUST 30, 2002 PASSED THE SENATE AUGUST 28, 2002 AMENDED IN SENATE AUGUST 26, 2002 AMENDED IN SENATE AUGUST 12, 2002 AMENDED IN SENATE AUGUST 5, 2002 AMENDED IN ASSEMBLY MAY 7, 2002 AMENDED IN ASSEMBLY APRIL 8, 2002 INTRODUCED BY Assembly Member Cohn FEBRUARY 20, 2002 An act to add Section 99170 to the Public Utilities Code, relating to transit districts. LEGISLATIVE COUNSEL'S DIGEST AB 2184, Cohn. Transit districts. Existing law prescribes the powers and duties of transit districts and their governing boards. This bill would prohibit the unauthorized operation of, interference with, entry into, or climbing on or in, transit facilities, property, or vehicles. The bill would make a violation of these provisions an infraction, punishable by specified fines or community service. The bill would require transit districts to maintain records of violations and citations issued pursuant to these provisions until January 1, 2005, and would require the transit districts to report to the Legislature by January 1, 2006. Because this bill would impose new responsibilities on transit districts and create new crimes, the bill would impose 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, including the creation of a State Mandates Claims Fund to pay the costs of mandates that do not exceed $1,000,000 statewide and other procedures for claims whose statewide costs exceed $1,000,000. This bill would provide that no reimbursement is required by this act for specified reasons. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 99170 is added to the Public Utilities Code, to read: 99170. (a) No person shall do any of the following with respect to the property, facilities, or vehicles of a transit district: (1) Operate, interfere with, enter into, or climb on or in, the property, facilities, or vehicles owned or operated by the transit district without the permission or approval of the transit district. (2) Interfere with the operator or operation of a transit vehicle, or impede the safe boarding or alighting of passengers. (3) Extend any portion of the body through any window opening of a transit vehicle in a manner that may cause harm or injury. (4) Throw any object from a transit vehicle. (5) Commit any act or engage in any behavior that may, with reasonable foreseeability, cause harm or injury to any person or property. (6) Violate a notice, prohibition, instruction, or direction on any sign that is intended to provide for the safety and security of transit passengers, or the safe and secure operation of the transit system. (b) For purposes of this section, "transit district" means an entity that qualifies as a claimant, as defined in Section 99203, eligible to receive allocations under Chapter 4 (commencing with Section 99200). (c) A violation of this section is an infraction under Section 19.8 of the Penal Code punishable by a fine not exceeding seventy-five dollars ($75), and that a violation by a person after a second conviction is punishable by a fine not exceeding two hundred fifty dollars ($250) or by community service that does not conflict with the violator's hours of school attendance or employment for a total time not to exceed 48 hours over a period not to exceed 60 days. (d) A transit district shall provide reasonable notification to the public of the activities prohibited by this section and the penalties for violations of those prohibitions. (e) This section does not prohibit any person from engaging in activities that are protected under the laws of the United States or of this state, including, but not limited to, picketing, demonstrating, or distributing handbills. (f) Transit districts shall maintain records of violations and the number of citations issued with respect to the actions prohibited under this section until January 1, 2005. The transit districts shall prepare a summary report of these actions and related findings with respect to the implementation and operation of this section and shall submit the report to the Legislature on or before January 1, 2006. (g) No revenue from fines imposed pursuant to subdivision (c) shall be distributed or allocated to the transit agency issuing citations under this section. Fine revenue instead shall be allocated to the other entities eligible to receive those funds under existing law. SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because in that regard this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.