BILL ANALYSIS Ó
AB 716
Page 1
ASSEMBLY THIRD READING
AB 716 (Dickinson)
As Amended April 12, 2011
Majority vote
TRANSPORTATION 11-1 APPROPRIATIONS 17-0
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|Ayes:|Bonnie Lowenthal, |Ayes:|Fuentes, Harkey, |
| |Jeffries, Bonilla, | |Blumenfield, Bradford, |
| |Buchanan, Eng, Mitchell, | |Charles Calderon, Campos, |
| |Galgiani, Miller, Norby, | |Davis, Donnelly, Gatto, |
| |Portantino, Solorio | |Hall, Hill, Lara, |
| | | |Mitchell, Nielsen, Norby, |
| | | |Solorio, Wagner |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Achadjian | | |
| | | | |
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SUMMARY : Makes changes to the authorization conferred upon the
Sacramento Regional Transit District (RT) and the Fresno Area
Express (FAX) (hereinafter referred to as transit district) to
implement transit security measures, such as passenger
exclusions or prohibition orders, to curb passenger misconduct
and reduce nuisance behavior in specified transit facilities.
Specifically, this bill :
1)Eliminates the existing program sunset date of January 1,
2012, that authorizes RT and FAX to implement additional
transit security measures to curb passenger misconduct and
reduce nuisance behavior in specified transit facilities.
2)Clarifies the definition of "rail transit related property" to
mean rail-related or transit-related property, including the
vehicles that are used to transport bus or rail passengers.
3)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 three separate occasions could
lead to the issuance of a prohibition order.
4)Establishes that any person violating a prohibition order is
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guilty of a misdemeanor.
EXISTING LAW :
1)Authorizes a transit district to issue a prohibition order to
any person who, on at least three 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 act that is a violation by:
a) Interfering with the operator or operation of a transit
vehicle, or impeding the safe boarding or alighting of
passengers;
b) Committing any act or engaging in any behavior that may,
with reasonable foreseeability, cause harm or injury to any
person or property;
c) Willfully disturbing others on or in a system facility
or vehicle by engaging in boisterous or unruly behavior;
d) Carrying an explosive or acid, flammable liquid, or
toxic or hazardous material in a public transit facility or
vehicle;
e) Urinating or defecating in a system facility or vehicle,
except in a lavatory;
f) Willfully blocking the free movement of another person
in a system facility or vehicle;
g) Remaining at a light rail station longer than necessary
to board, meet or accompany a passenger on the next train
traveling in the desired direction, as prescribed by the
transit district's ordinance addressing such activities;
or,
h) Having an open container of an alcoholic beverage while
in or on a vehicle, bus stop, or light rail station of the
transit district.
2)Authorizes a prohibition order to be issued to a person
arrested or convicted for any misdemeanor or felony committed
in or on a vehicle, bus stop, or light rail station of the
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transit district.
3)Prohibits a person subject to a prohibition order from
entering the property, facilities, or vehicles of a transit
district for a period of time deemed appropriate by the
transit district, provided that the duration of a prohibition
order shall not exceed:
a) 30 days if issued pursuant to section 1) above, provided
that a second prohibition order within one year may not
exceed 90 days, and a third or subsequent prohibition order
within one year may not exceed 180 days.
b) 30 days if issued for an arrest pursuant to a person
arrested or convicted for any misdemeanor or felony
committed in or on a vehicle, bus stop, or light rail
station of the transit district. Upon conviction of a
misdemeanor offense, the duration of the prohibition order
for the conviction, when added to the duration of the
prohibition order for the initial arrest, if any, may not
exceed 180 days. Upon conviction of a felony offense, the
duration of the prohibition order for the conviction, when
added to the duration of the prohibition order for the
initial arrest, if any, may not exceed one year.
4)Specifies prohibition processes, notification procedures, and
hearing and appeals procedures.
5)Requires transit districts choosing to exercise this authority
to establish an advisory committee and to ensure that
personnel charged with issuance and enforcement of prohibition
orders receive training as emphasized and as recommended by
the advisory committee. Tasks the advisory committee with
responsibilities as specified. Authorizes existing advisory
committees to be used if it complies with the requirements as
set forth in this bill.
6)Establishes that a violation of a prohibition order is
punishable as an infraction. Expands the authorization of RT
to allow designated persons regularly employed by RT as
inspectors or supervisors whose duties include enforcement of
RT ordinances, to also make arrests for infractions.
7)Establishes RT to meet the present and future public
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transportation needs of the Sacramento region. RT currently
operates 64 bus routes and 37.5 miles of light rail within a
418 square-mile service area. RT served over 31.5 million
passengers in fiscal year 2010. Its facilities include 48
light rail stations, 31 bus and light rail transfer centers,
and 18 park-and-ride lots. It also serves over 3,300 bus
stops throughout Sacramento County.
8)Not established in state law, the Fresno Area Express (FAX) is
operated by the City of Fresno and provides 20 fixed-route bus
lines serving the greater Fresno metropolitan area. For
fiscal year 2009, it provided 18 million fixed-route and
234,000 demand-response passenger trips within its service
area.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, minor nonreimbursable costs to Sacramento and Fresno
Counties related to prosecution of misdemeanor violations,
offset to some extent by fine revenues.
COMMENTS : At a time when motor vehicle fuel prices are
escalating and reaching all-time highs on an almost daily basis,
people throughout the state are turning to alternative means of
transportation other than the personal vehicle. Public transit
is one such alternative mode of transportation that people are
using, resulting in increased transit ridership at all-time high
levels. In 2008, the Assembly Transportation Committee passed
legislation that was subsequently enacted that provided RT and
FAX another enforcement tool to provide safer public transit
rides. That legislation, SB 1561 (Steinberg) Chapter 528,
Statutes 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. SB 1561 (Steinberg) also
requires an annual report by the two transit districts.
Summaries of the RT and FAX annual reports are as follows:
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 included:
1)Willfully disturbing others on or in a system facility or
vehicle by engaging in boisterous or unruly behavior (59%).
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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. The annual report recommends that the law be
strengthened in three areas:
1)Increase the "look back" time period from 60 to 90 days in
which infractions can be considered allowing exclusions if the
violation is repeated on three occasions.
2)Include fare violations as one of the elements for excludable
violations.
3)Establish a penalty for violating an exclusion order.
Similarly, in its annual report, FAX indicates that it "has
experienced an increase in unruly behavior, primarily a result
of drug/alcohol use. However, unruly behavior, including
assaults is increasing? The FAX Transit Security Committee
believes that the Legislature needs to put more teeth in the
law. The 60-day time period for three violations before
prohibition does not send a strong message to violators. The
Transit Security Committee believes 90 days would be more
appropriate and effective? The current exclusion law does not
impose a specific penalty on someone who has been excluded but
continues to board the buses. Many of the worst violators
receive prohibitions but scoff at the authority's inability to
enforce it. The Transit Security Committee would like to see a
reasonable fine imposed when prohibited riders continue to board
our services."
Author's intent of the bill: The author contends that "In
recent years, the Sacramento Regional Transit (RT) Board of
Directors and staff have received increasing numbers of
complaints from riders regarding the safety of RT vehicles,
parking lots and passenger waiting areas. By allowing
Sacramento Regional Transit and the Fresno Area Express to
exclude passengers cited for certain offenses these agencies
will be able to reduce passenger disruptions and improve overall
service. To encourage ridership and to reduce emissions
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associated with daily commuting; potential passengers need to
feel that transit services are a safe alternative to driving."
Support: Writing in support of this bill, RT indicates that
"the authority for the program expires at the end of 2011 and AB
716 would extend that expiration date indefinitely to ensure the
continuation of our efforts to provide an improved public
transit environment and experience."
Analysis Prepared by : Ed Imai / TRANS. / (916) 319-2093
FN: 0000495