BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 492|
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THIRD READING
Bill No: AB 492
Author: Galgiani (D)
Amended: 8/13/12 in Senate
Vote: 21
SENATE TRANSPORTATION & HOUSING COMMITTEE : 8-0, 7/3/12
AYES: DeSaulnier, Gaines, Kehoe, Lowenthal, Pavley, Rubio,
Simitian, Wyland
NO VOTE RECORDED: Harman
ASSEMBLY FLOOR : Not relevant
SUBJECT : Public transportation agencies: administrative
penalties
SOURCE : San Joaquin Regional Transit District
DIGEST : This bill allows all public transportation
agencies to establish an alternative civil infraction
process for specified transit violations committed by an
adult.
Senate Floor Amendments of 8/13/12 add double-jointing
language with
AB 2247 (Lowenthal).
ANALYSIS : Existing law allows the City and County of San
Francisco (operator of SFMuni), the Los Angeles County
Metropolitan Transportation Authority, the Southern
California Regional Rail Authority, the Santa Clara Valley
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Transportation Authority, the Sacramento Regional Transit
District, Long Beach Transit, Foothill Transit, the North
County Transit District, and the Alameda-Contra Costa
Transit District to establish an alternative civil
infraction process for the following transit violations
when they are committed by adults within their systems:
Fare evasion.
Misuse of a transfer, pass, ticket, or token with the
intent to evade the payment of a fare.
Unauthorized use of a discount ticket or failure to
present acceptable proof of eligibility to use a
discount ticket.
Eating, drinking, or smoking in areas where the system
operator has prohibited those activities.
Expectorating.
Skateboarding, roller skating, bicycle riding, or
roller blading, except as necessary for utilization of
the transit facility by a bicyclist.
Playing sound equipment.
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,
except for lawful first amendment activities.
Under these provisions, the named transit districts may
adopt and impose an administrative penalty and adjudication
process that is similar to the process for issuing and
enforcing parking tickets. The issuing officer serves the
alleged violator with a "notice of fare evasion or
passenger misconduct violation," which includes the date,
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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, the alleged violator
may request an administrative hearing for which the issuing
agency or its contracted processing agency must provide an
impartial administrative hearing officer but 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 file an appeal
in Superior Court, which hears the case de novo.
Existing law allows these transit providers to set the
administrative penalty amounts for these infractions but
provides that the amounts shall not exceed the maximum
statutory criminal penalties for the same offenses. All
administrative penalties the transit providers collect
accrue to the general fund of the county in which the
citation was issued.
This bill:
1. Allows all public transportation agencies to establish
an alternative civil infraction process for the transit
violations specified above.
2. Contains double-jointing language with AB 2247
(Lowenthal).
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 8/7/12)
San Joaquin Regional Transit District (source)
Mayor Ann Johnston, City of Stockton
Sacramento Regional Transit
JJA:d 8/13/12 Senate Floor Analyses
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SUPPORT/OPPOSITION: SEE ABOVE
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