BILL ANALYSIS                                                                                                                                                                                                    






           SENATE TRANSPORTATION & HOUSING COMMI TTEE      BILL NO: SB 1320
          SENATOR ALAN LOWENTHAL, CHAIRMAN               AUTHOR:  Hancock
                                                         VERSION: 2/19/10
          Analysis by: Mark Stivers                      FISCAL:  No
          Hearing date: April 20, 2010








          SUBJECT:

          Administrative adjudication of transit violations:  
          Alameda-Contra Costa Transit District

          DESCRIPTION:

          This bill allows the Alameda-Contra Costa Transit District to  
          adopt an adjudication process and impose an administrative  
          penalty for transit-related offenses committed by non-minors.  

          ANALYSIS:

          Existing law makes it a criminal infraction for a person to  
          engage in any of the following activities in a transit vehicle  
          or facility:

           Fare evasion.
           Misuse of a transfer, pass, ticket, or token with the intent  
            to evade the payment of a fare.
           Playing sound equipment.
           Smoking, eating, or drinking where those activities are  
            prohibited by the transit provider.
           Expectorating.
           Willfully disturbing others by engaging in boisterous or  
            unruly behavior.
           Carrying an explosive or acid, flammable liquid, or toxic or  
            hazardous material.
           Urinating or defecating except in a lavatory. 
           Willfully blocking the free movement of another person unless  
            permitted by first amendment rights.
           Skateboarding, roller skating, bicycle riding, or  
            rollerblading except as necessary for utilization of the  




          SB 1320 (HANCOCK)                                         Page 2

                                                                       


            transit facility by a bicyclist.
           Unauthorized use of a discount ticket or failure to present  
            acceptable proof of eligibility to use a discount ticket.

          The standard process for enforcing these criminal infractions is  
          for the transit officer citing the offense to give the alleged  
          violator a citation with a court date, which the alleged  
          violator signs promising to appear.  The court later sends a  
          notice to the alleged violator, reminding him or her of the  
          court date, listing the bail amount, and stating that he or she  
          must appear unless the bail is paid.  On the day the case is set  
          for a hearing in court, the defendant enters a plea.  If the  
          plea is "guilty" or "no contest," the judge or magistrate fixes  
          the penalty amount.  If the plea is "not guilty," the court  
          generally assigns a later trial date.  At the trial, the officer  
          is subpoenaed and must appear.  In some counties, the defendant  
          may enter a plea with the court clerk or even online, instead of  
          in court.  In some counties, the plea hearing and trial may be  
          held at the same time.  

          State law provides that these criminal offenses are punishable  
          by a maximum base fine not to exceed $250 (which becomes $950  
          when mandatory assessments are added on) and 48 hours of  
          community service.  The judges in each county, however, set the  
          bail schedule annually.  In Los Angeles County, the actual base  
          fines range from $25 for a first offense to $100 for repeated  
          offenses for most violations and from $100 to $250 for  
          defecating/urinating and carrying explosives.  Once collected,  
          the base fine monies are distributed between both state and  
          local governments on a roughly 50/50 basis.  The assessments  
          flow to various state and local entities for things such as  
          court construction, emergency medical services, peace and  
          corrections officer training, victim-witness assistance, victim  
          restitution, and traumatic brain injury services.  A 20%  
          assessment goes directly to the state's General Fund.  

          Since the enactment of SB 1749 (Migden), Chapter 258, Statutes  
          of 2006, state law also allows for an alternative civil  
          infraction process in San Francisco and Los Angeles Counties.   
          Under these provisions, the City and County of San Francisco  
          (the overseer of the city's transit system) and the Los Angeles  
          County Metropolitan Transportation Authority (LAMTA) may adopt  
          and impose an administrative penalty and adjudication process  
          for these same violations committed by non-minors.  Similar to  
          the process for issuing and enforcing parking tickets, the  
          issuing officer serves the alleged violator with a "notice of  




          SB 1320 (HANCOCK)                                         Page 3

                                                                       


          fare evasion or passenger misconduct violation," which includes  
          the date, time, location, and nature of the violation, the  
          administrative penalty amount, the date by which the penalty  
          must be paid, and the process for contesting the citation.  If  
          the alleged violator contests the citation, then the issuing  
          agency or its contracted processing agency must provide an  
          initial review.  If the citation is not dismissed after the  
          initial review, then the issuing agency or its contracted  
          processing agency must provide an impartial administrative  
          hearing at which the citing officer is not required to appear.   
          If the alleged violator is unsatisfied with the results of the  
          administrative hearing, then he or she may still file an appeal  
          in Superior Court, which hears the case de novo.  All penalties  
          collected are deposited in the General Fund for Los Angeles or  
          San Francisco County, as applicable.  

          To date, only San Francisco has implemented civil infractions  
          for transit offenses.  San Francisco has set the fines for fare  
          evasion and other passenger misconduct offenses at $75 for a  
          first offense, $250 for a second offense within one year, and  
          $500 for a third offense within one year.  

           This bill allows the Alameda-Contra Costa Transit District (AC  
          Transit) to adopt and impose an administrative penalty and  
          adjudication process for these same transit-related offenses  
          committed by non-minors.  The bill requires AC Transit to follow  
          the same procedures that apply to San Francisco and LAMTA,  
          except that the penalties shall be deposited in the General Fund  
          of AC Transit itself, as opposed to the respective county.

          COMMENTS:

           1.Purpose of the bill  .  AC Transit historically has relied on  
            passengers paying at the farebox when boarding a bus.  With  
            the need for more efficient operations when the smaller,  
            temporary replacement for the Trans-Bay Terminal in San  
            Francisco opens in 2015, those AC Transit riders who board  
            trans-bay buses will be asked to pre-pay tickets and board on  
            the honor system.  In addition, AC Transit is planning the  
            development of rapid-bus lines within Alameda County that will  
            likewise rely on the honor system for fare payment.  As a  
            result, AC Transit expects citations for fare evasion to  
            increase.  According to AC Transit, allowing the district to  
            adjudicate any or all of the specified violations through  
            administrative review will free up court dockets to handle  
            more serious offenses and is consistent with the trend to  




          SB 1320 (HANCOCK)                                         Page 4

                                                                       


            "decriminalize" minor traffic and parking offenses.  Moreover,  
            an administrative process will offer fare evaders and other  
            violators a less confrontational setting while still affording  
            them the right to a full hearing.   AC Transit believes that  
            an administrative process will enhance public safety, increase  
            the payment of transit fares, and improve compliance with  
            conduct rules by transit riders.  

           2.Change of venue  .  This bill effectively moves adjudication of  
            transit violations that occur within the AC Transit system  
            from court to an administrative venue, similar to the process  
            used by cities and counties to adjudicate parking tickets.   
            Given that the courts generally hear transit violations in an  
            informal traffic court before a magistrate and that defendants  
            may simply pay bail in lieu of appearing in court, it is  
            unlikely that the defendant will see much of a difference in  
            the process.  At best, the defendant will be spared a trial  
            date that is different from the plea hearing date and will  
            have the whole matter resolved more quickly.   For those who  
            fail to address their tickets, however, they will no longer be  
            subject to a bench warrant, arrest, and possible jail time.   
            AC Transit, on the other hand, may benefit substantially by  
            the fact that the administrative process does not require the  
            citing officer to appear, whereas a court trial does.  This  
            will allow AC Transit officers to spend much less time in  
            court and much more time on patrol.    

           3.The experiences in San Francisco and Los Angeles  .  San  
            Francisco is the only jurisdiction to date to adopt civil  
            citations for transit infractions, and its representative  
            reports that transit officers there issued 3600  
            transit-related citations in 2009.  

            LAMTA has studied the feasibility and financial assumptions of  
            an administrative adjudication system, is still considering  
            it, but has yet to adopt one.  One of the agency's key  
            objectives for such a system would be to have access to  
            adequate information on the status of individual citations and  
            the penalties assessed.  Currently, LAMTA is unable to obtain  
            this information from the county courts.  

            Staff contacted the Bus Riders Union in Los Angeles and the  
            San Francisco Organizing Project, two consumer-oriented  
            membership organizations active on transit issues, to inquire  
            about rider complaints or concerns with the actual or  
            prospective administrative enforcement programs in those two  




          SB 1320 (HANCOCK)                                         Page 5

                                                                       


            jurisdictions.  Though, neither organization was particularly  
            familiar with the program, neither had any concerns or  
            complaints to share.

           4.Doesn't apply to minors  .  As with the laws that allow San  
            Francisco and LAMTA to establish administrative adjudication  
            processes for transit violations, this bill does not apply to  
            minors.  The juvenile court system will continue to handle  
            minor violators.

           5.Creates a bounty situation  .  By allowing AC Transit to keep  
            all of the revenues from administrative penalties, this bill  
            creates an incentive for the district to increase enforcement  
            efforts in order to maximize revenues.  For exactly this  
            reason, SB 1749 (Migden) of 2006, which gave San Francisco and  
            LAMTA the authority to enforce transit violations  
            administratively, was amended to direct all penalty revenues  
            to the respective county general fund, not the transit  
            district directly, though in the case of San Francisco, the  
            transit district is essentially a department of the county.  

            AC Transit's representative states that the district does not  
            expect to make money from this bill.  The costs associated  
            with the adjudication process will likely equal or exceed any  
            penalty revenues.  Nonetheless, the committee may wish to  
            consider whether it is appropriate to allow the enforcement  
            agency to keep penalty revenues.  Like LAMTA expects to do, AC  
            Transit could always enter into an agreement with its counties  
            to pass-through some or all of the penalty revenues to cover  
            the costs of the administrative adjudication process.  

           6.No caps on fines  .  Current law allows San Francisco and LAMTA  
            to establish the amount of the administrative penalty  
            associated with a violation of the listed prohibitions, and  
            this bill would provide identical authority to AC Transit.  It  
            is possible or even likely that the civil penalties  
            established by these three entities are or will be less than  
            the total fines (including assessments) associated with a  
            criminal violation, however, the law does not establish any  
            cap on the amount of these penalties.  The committee may want  
            to consider imposing a cap on administrative penalties that  
            equals the maximum base fine allowed under the Penal Code.  

           7.No double jeopardy  .  Staff at LAMTA states that it would be  
            helpful to clarify that, where a transit agency has adopted an  
            administrative adjudication system, peace officers and transit  




          SB 1320 (HANCOCK)                                         Page 6

                                                                       


            officers may continue to issue a criminal citation or may  
            issue the new civil citation but not both.  Flexibility is  
            important because non-financial penalties are the only  
            effective deterrents for some offenders.  Adding such language  
            would also ensure that a violator cannot receive both a  
            criminal and civil citation for the same offense.  The  
            committee may wish to consider making this clarification.
           
          8.Diversion of revenues from the state and other entities  .   
            Criminal violations handled by the courts result in the  
            payment of fines and assessments that benefit many different  
            entities.  Base fine monies are distributed to both state and  
            local governments on a roughly 50/50 basis.  The assessments,  
            which amount to many times the base fine, ultimately flow to  
            various state and local entities for things such as court  
            construction, emergency medical services, peace and  
            corrections officer training, victim-witness assistance,  
            victim restitution, traumatic brain injury services, and the  
            state's General Fund.  Under this bill, these entities no  
            longer would receive funding for transit violations in AC  
            Transit's service area.  The losses to the state and to county  
            courts would be offset, and possibly exceeded, however, by the  
            savings in court workload and hearings.  In essence, AC  
            Transit would accept the lion's share of the adjudication  
            costs, but it (or the counties if the bill is amended in  
            accordance with comment #5) would also receive all of the  
            revenue.  Legislative Counsel has keyed this bill non-fiscal,  
            but clearly there are significant fiscal impacts to the state,  
            counties, and other entities.  The committee may wish to  
            consider referring this bill to the Appropriations Committee  
            for a review of these impacts.  

           9.Technical amendment  .  The bill should also amend Public  
            Utilities Code Section 99581 to require that the processing  
            agency inform an alleged violator simultaneously with the  
            results of the initial review of the procedure for waiving  
            prepayment of the penalty based upon an inability to pay.
          
          POSITIONS:  (Communicated to the Committee before noon on  
          Wednesday,
                     April 14, 2010)

               SUPPORT:  AC Transit (sponsor)
                         California Transit Association
          
               OPPOSED:  None received.




          SB 1320 (HANCOCK)                                         Page 7