BILL ANALYSIS Ó AB 716 Page 1 Date of Hearing: May 4, 2011 ASSEMBLY COMMITTEE ON APPROPRIATIONS Felipe Fuentes, Chair AB 716 (Dickinson) - As Amended: April 12, 2011 Policy Committee: TransportationVote:11-1 Urgency: No State Mandated Local Program: Yes Reimbursable: No SUMMARY 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. COMMENTS 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 Page 2 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 were: 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 authority. Analysis Prepared by : Chuck Nicol / APPR. / (916) 319-2081