BILL ANALYSIS                                                                                                                                                                                                    

                                                                  AB 716
                                                                  Page  1

          Date of Hearing:   May 4, 2011

                                Felipe Fuentes, Chair

                  AB 716 (Dickinson) - As Amended:  April 12, 2011 

          Policy Committee:                              

          Urgency:     No                   State Mandated Local Program: 
          Yes    Reimbursable:              No


          This bill expands authority currently provided to the Sacramento 
          Regional Transit Authority (RT) and the Fresno Area Express 
          (FAX) to curb passenger misconduct and reduce nuisance behavior. 
          Specifically, this bill:

          1)Extends the "look-back" time period from 60 to 90 consecutive 
            days under which a person cited for an infraction committed in 
            or on a vehicle, bus stop, or light rail station of the 
            transit district on at least 3 separate occasions could lead 
            to the issuance of a prohibition order, which bars that person 
            from using transit facilities for certain time periods.  

          2)Makes violation of the prohibition orders a misdemeanor.

          3)Eliminates the existing January 1, 2012 sunset date on the 
            authority provided to RT and FAX.

           FISCAL EFFECT  

          Minor nonreimbursable costs to Sacramento and Fresno Counties 
          related to prosecution of misdemeanor violations, offset to some 
          extent by fine revenues.


           Background and Purpose  . SB 1561 (Steinberg)/Chapter 528 of 2008, 
          allows the RT and FAX transit district officers to keep unruly 
          patrons from using the transit vehicles and facilities by 
          issuing prohibition orders, denying them entry onto the vehicles 
          or facilities. This applies to any person who, on at least three 


                                                                  AB 716
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          separate occasions within a period of 60 consecutive days, is 
          cited for an infraction committed in or on a vehicle, bus stop, 
          or light rail station of the transit district for any of certain 
          specified acts. 

          SB 1561 also required the two districts to provide annual 
          reports on the implementation of the bill. In its recent annual 
          report, RT indicates that there have been 129 violations from 
          October 1, 2009 to October 31, 2010.  The top three violations 

          1)Willfully disturbing others on or in a system facility or 
            vehicle by engaging in boisterous or unruly behavior (59%)  

          2)Urinating or defecating in a system facility, except in a 
            lavatory (17%)  

          3)Interfering with the operator of the transit vehicle and 
            impeding the safe boarding or alighting of passengers (12%).

          None of these violations were by repeat offenders within the 60 
          day period.  This bill implements two recommendations in RT's 
          annual report to strengthen the current law: increasing the 
          "look back" time period from 60 to 90 days in which infractions 
          can be considered, and establishing a penalty for violating an 
          exclusion order. The bill also lifts the sunset on this 

           Analysis Prepared by  :    Chuck Nicol / APPR. / (916) 319-2081