Amended in Assembly September 3, 2015

Amended in Assembly July 1, 2015

Amended in Assembly June 22, 2015

Amended in Senate April 16, 2015

Senate BillNo. 413


Introduced by Senator Wieckowski

February 25, 2015


An act to amend Section 640 of the Penal Code, and to amend Section 99580 of the Public Utilities Code, relating to public transit.

LEGISLATIVE COUNSEL’S DIGEST

SB 413, as amended, Wieckowski. Public transit: prohibited conduct.

Existing law makes it a crime, punishable as an infraction, for a person to commit certain acts on or in a facility or vehicle of a public transportation system, including disturbing another person by loud or unreasonable noise on the facilities, vehicles, or property of the public transportation system, in specified circumstances.

This bill would revise the unreasonable noise provision so that it would apply to a person failing to comply with the warning of a transit official related to disturbing another person by loud and unreasonable noise, and also to a person playing unreasonably loud sound equipment on or in a public transportation system facility or vehicle. The bill would also make it an infraction for a person on or in a facility or vehicle of a public transportation system to fail to yield seating reserved for an elderly or disabled person if the public transportation agency enacts an ordinance to that effect, after a public hearing.

The bill would also expand the definition of a facility or vehicle of a public transportation system for these purposes to include a facility or vehicle of a rail authority, whether owned or leased, as specified.

By expanding the definitions of existing crimes and creating new crimes, the bill would impose a state-mandated local program.

Existing law also authorizes a public transportation agency to adopt an ordinance to impose and enforce civil administrative penalties for certain passenger misconduct, other than by minors, on or in a transit facility or vehicle in lieu of the criminal penalties otherwise applicable, with specified administrative procedures for the imposition and enforcement of the administrative penalties, including an initial review and opportunity for a subsequent administrative hearing. This misconduct includes playing sound equipment on or in a system facility or vehicle. Existing law requires the ordinance to include the statutory provisions governing the administrative penalties.

This bill would apply these administrative penalties to a person failing to comply with the warning of a transit official related to disturbing another person by loud and unreasonable noise, to a person playing unreasonably loud sound equipment on or in a system facility or vehicle, and to a person failing to yield seating reserved for an elderly or disabled person. The bill would authorize the administrative penalties to be applied to minors and would delete the requirement for the ordinance to include the statutory provisions.

begin insert

This bill would incorporate additional changes to Section 99580 of the Public Utilities Code, proposed by AB 869 and by AB 6 and SB 5 of the Second Extraordinary Session, that would become operative only if this bill and one or more of those bills are enacted and become effective on or before January 1, 2016, and this bill is enacted last.

end insert

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Section 640 of the Penal Code is amended to
2read:

P3    1

640.  

(a) (1) Any of the acts described in paragraphs (1) to (6),
2inclusive, of subdivision (b) is an infraction punishable by a fine
3not to exceed two hundred fifty dollars ($250) and by community
4service for a total time not to exceed 48 hours over a period not to
5exceed 30 days, during a time other than during the violator’s hours
6of school attendance or employment. Any of the acts described in
7paragraphs (1) to (3), inclusive, of subdivision (c), upon a first or
8second violation, is an infraction punishable by a fine not to exceed
9two hundred fifty dollars ($250) and by community service for a
10total time not to exceed 48 hours over a period not to exceed 30
11days, during a time other than during the violator’s hours of school
12attendance or employment. A third or subsequent violation of any
13of the acts described in paragraphs (1) to (3), inclusive, of
14subdivision (c) is a misdemeanor punishable by a fine of not more
15than four hundred dollars ($400) or by imprisonment in a county
16jail for a period of not more than 90 days, or by both that fine and
17imprisonment. Any of the acts described in subdivision (d) shall
18be punishable by a fine of not more than four hundred dollars
19($400), by imprisonment in a county jail for a period of not more
20than 90 days, or by both that fine and imprisonment.

21(2) This section shall apply only to acts committed on or in a
22facility or vehicle of a public transportation system.

23(b) (1) Eating or drinking in or on a system facility or vehicle
24in areas where those activities are prohibited by that system.

25(2) Playing unreasonably loud sound equipment on or in a
26system facility or vehicle, or failing to comply with the warning
27of a transit official related to disturbing another person by loud or
28unreasonable noise.

29(3) Smoking in or on a system facility or vehicle in areas where
30those activities are prohibited by that system.

31(4) Expectorating upon a system facility or vehicle.

32(5) Skateboarding, roller skating, bicycle riding, roller blading,
33or operating a motorized scooter or similar device, as defined in
34Section 407.5 of the Vehicle Code in a system facility, vehicle, or
35parking structure. This paragraph does not apply to an activity that
36 is necessary for utilization of the transit facility by a bicyclist,
37including, but not limited to, an activity that is necessary for
38parking a bicycle or transporting a bicycle aboard a transit vehicle,
39if that activity is conducted with the permission of the transit
P4    1agency in a manner that does not interfere with the safety of the
2bicyclist or other patrons of the transit facility.

3(6) Selling or peddling any goods, merchandise, property, or
4services of any kind whatsoever on the facilities, vehicles, or
5property of the public transportation system, if the public
6transportation system has prohibited those acts and neither the
7public transportation system nor its duly authorized representatives
8have granted written consent to engage in those acts.

9(c) (1) Evasion of the payment of a fare of the system. For
10purposes of this section, fare evasion includes entering an enclosed
11area of a public transit facility beyond posted signs prohibiting
12entrance without obtaining valid fare, in addition to entering a
13transit vehicle without valid fare.

14(2) Misuse of a transfer, pass, ticket, or token with the intent to
15evade the payment of a fare.

16(3) (A) Unauthorized use of a discount ticket or failure to
17present, upon request from a transit system representative,
18acceptable proof of eligibility to use a discount ticket, in
19accordance with Section 99155 of the Public Utilities Code and
20posted system identification policies when entering or exiting a
21transit station or vehicle. Acceptable proof of eligibility must be
22clearly defined in the posting.

23(B) begin deleteIn the event that end deletebegin insertIf end insertan eligible discount ticket user is not in
24possession of acceptable proof at the time of request, any citation
25issued shall be held for a period of 72 hours to allow the user to
26produce acceptable proof. If the proof is provided, the citation
27shall be voided. If the proof is not produced within that time period,
28the citation shall be processed.

29(d) (1) Willfully disturbing others on or in a system facility or
30vehicle by engaging in boisterous or unruly behavior.

31(2) Carrying an explosive, acid, or flammable liquid in a public
32transit facility or vehicle.

33(3) Urinating or defecating in a system facility or vehicle, except
34in a lavatory. However, this paragraph shall not apply to a person
35who cannot comply with this paragraph as a result of a disability,
36age, or a medical condition.

37(4) Willfully blocking the free movement of another person in
38a system facility or vehicle. This paragraph shall not be interpreted
39to affect any lawful activities permitted or First Amendment rights
40protected under the laws of this state or applicable federal law,
P5    1including, but not limited to, laws related to collective bargaining,
2labor relations, or labor disputes.

3(5) Willfully tampering with, removing, displacing, injuring,
4or destroying any part of any facility or vehicle of a public
5transportation system.

6(e) Notwithstanding subdivision (a), a public transportation
7agency, as defined in paragraph (4) of subdivision (c) of Section
899580 of the Public Utilities Code, may do either of the following:

9(1) Enact and enforce an ordinance providing that a person who
10is the subject of a citation for any of the acts described in
11subdivision (b) of Section 99580 of the Public Utilities Code on
12or in a facility or vehicle described in subdivision (a) for which
13the public transportation agency has jurisdiction shall, under the
14circumstances set forth by the ordinance, be afforded an
15opportunity to complete an administrative process that imposes
16only an administrative penalty enforced in a civil proceeding. The
17ordinance for imposing and enforcing the administrative penalty
18shall be governed by Chapter 8 (commencing with Section 99580)
19of Part 11 of Division 10 of the Public Utilities Code.

20(2) Enforce as an infraction pursuant to subdivision (b) the act
21of failing to yield seating reserved for an elderly or disabled person
22in a facility or vehicle for which the public transportation agency
23has jurisdiction, provided that the governing board of the public
24transportation agency enacts an ordinance to that effect after a
25public hearing on the issue.

26(f) For purposes of this section, a “facility or vehicle of a public
27transportation system” means any of the following:

28(1) A facility or vehicle of a public transportation system as
29defined by Section 99211 of the Public Utilities Code.

30(2) A facility of, or vehicle operated by any entity subsidized
31by, the Department of Transportation.

32(3) A facility or vehicle of a rail authority, whether owned or
33leased, including, but not limited to, any part of a railroad, or track
34of a railroad, or any branch or branchway, switch, turnout, bridge,
35viaduct, culvert, embankment, station house, or other structure or
36fixture, or any part thereof, attached or connected to a railroad.

37(4) A leased or rented facility or vehicle for which any of the
38entities described in paragraph (1), (2), or (3) incurs costs of
39cleanup, repair, or replacement as a result of any of those acts.

P6    1

SEC. 2.  

Section 99580 of the Public Utilities Code is amended
2to read:

3

99580.  

(a) Pursuant to subdivision (e) of Section 640 of the
4Penal Code, a public transportation agency may enact and enforce
5an ordinance to impose and enforce an administrative penalty for
6any of the acts described in subdivision (b).

7(b) (1) Evasion of the payment of a fare of the system.

8(2) Misuse of a transfer, pass, ticket, or token with the intent to
9evade the payment of a fare.

10(3) Playing unreasonably loud sound equipment on or in a
11system facility or vehicle, or failing to comply with the warning
12of a transit official related to disturbing another person by loud or
13unreasonable noise.

14(4) Smoking, eating, or drinking in or on a system facility or
15vehicle in those areas where those activities are prohibited by that
16system.

17(5) Expectorating upon a system facility or vehicle.

18(6) Willfully disturbing others on or in a system facility or
19vehicle by engaging in boisterous or unruly behavior.

20(7) Carrying an explosive or acid, flammable liquid, or toxic or
21hazardous material in a system facility or vehicle.

22(8) Urinating or defecating in a system facility or vehicle, except
23in a lavatory. However, this paragraph shall not apply to a person
24who cannot comply with this paragraph as a result of a disability,
25age, or a medical condition.

26(9) (A) Willfully blocking the free movement of another person
27in a system facility or vehicle.

28(B) This paragraph shall not be interpreted to affect any lawful
29activities permitted or First Amendment rights protected under the
30laws of this state or applicable federal law, including, but not
31limited to, laws related to collective bargaining, labor relations,
32or labor disputes.

33(10) Skateboarding, roller skating, bicycle riding, or roller
34blading in a system facility, including a parking structure, or in a
35system vehicle. This paragraph does not apply to an activity that
36is necessary for utilization of a system facility by a bicyclist,
37 including, but not limited to, an activity that is necessary for
38parking a bicycle or transporting a bicycle aboard a system vehicle,
39if that activity is conducted with the permission of the agency of
P7    1the system in a manner that does not interfere with the safety of
2the bicyclist or other patrons of the system facility.

3(11) (A) Unauthorized use of a discount ticket or failure to
4present, upon request from a system representative, acceptable
5proof of eligibility to use a discount ticket, in accordance with
6Section 99155, and posted system identification policies when
7entering or exiting a system station or vehicle. Acceptable proof
8of eligibility must be clearly defined in the posting.

9(B) If an eligible discount ticket user is not in possession of
10acceptable proof at the time of request, an issued notice of fare
11evasion or passenger conduct violation shall be held for a period
12of 72 hours to allow the user to produce acceptable proof. If the
13proof is provided, that notice shall be voided. If the proof is not
14produced within that time period, that notice shall be processed.

15(12) Selling or peddling any goods, merchandise, property, or
16services of any kind whatsoever on the facilities, vehicles, or
17property of the public transportation system without the express
18written consent of the public transportation system or its duly
19authorized representatives.

20(13) Failing to yield seating reserved for an elderly or disabled
21person.

22(c) (1) The public transportation agency may contract with a
23private vendor or governmental agency for the processing of notices
24of fare evasion or passenger conduct violation, and notices of
25delinquent fare evasion or passenger conduct violation pursuant
26to Section 99581.

27(2) For the purpose of this chapter, “processing agency” means
28either of the following:

29(A) The agency issuing the notice of fare evasion or passenger
30conduct violation and the notice of delinquent fare evasion or
31passenger conduct violation.

32(B) The party responsible for processing the notice of fare
33evasion or passenger conduct violation and the notice of delinquent
34violation, if a contract is entered into pursuant to paragraph (1).

35(3) For the purpose of this chapter, “fare evasion or passenger
36conduct violation penalty” includes, but is not limited to, a late
37payment penalty, administrative fee, fine, assessment, and costs
38of collection as provided for in the ordinance.

39(4) For the purpose of this chapter, “public transportation
40agency” shall mean a public agency that provides public
P8    1 transportation as defined in paragraph (1) of subdivision (f) of
2Section 1 of Article XIX A of the California Constitution.

3(5) All fare evasion and passenger conduct violation penalties
4collected pursuant to this chapter shall be deposited in the general
5fund of the county in which the citation is administered.

6(d) (1) If a fare evasion or passenger conduct violation is
7observed by a person authorized to enforce the ordinance, a notice
8of fare evasion or passenger conduct violation shall be issued. The
9notice shall set forth the violation, including reference to the
10ordinance setting forth the administrative penalty, the date of the
11violation, the approximate time, and the location where the
12violation occurred. The notice shall include a printed statement
13indicating the date payment is required to be made, and the
14procedure for contesting the notice. The notice shall be served by
15personal service upon the violator. The notice, or copy of the
16notice, shall be considered a record kept in the ordinary course of
17business of the issuing agency and the processing agency, and
18shall be prima facie evidence of the facts contained in the notice
19establishing a rebuttable presumption affecting the burden of
20producing evidence.

21(2) When a notice of fare evasion or passenger conduct violation
22has been served, the person issuing the notice shall file the notice
23with the processing agency.

24(3) If, after a notice of fare evasion or passenger conduct
25violation is issued pursuant to this section, the issuing officer
26determines that there is incorrect data on the notice, including, but
27not limited to, the date or time, the issuing officer may indicate in
28writing on a form attached to the original notice the necessary
29 correction to allow for the timely entry of the corrected notice on
30the processing agency’s data system. A copy of the correction shall
31be mailed to the address provided by the person cited at the time
32the original notice of fare evasion or passenger conduct violation
33was served.

34(4) If a person contests a notice of fare evasion or passenger
35conduct violation, the issuing agency shall proceed in accordance
36with Section 99581.

37(e) In setting the amounts of administrative penalties for the
38violations listed in subdivision (b), the public transportation agency
39shall not establish penalty amounts that exceed the maximum fine
40amount set forth in Section 640 of the Penal Code.

P9    1(f) A person who receives a notice of fare evasion or passenger
2conduct violation pursuant to this section shall not be subject to
3citation for a violation of Section 640 of the Penal Code.

4(g) If an entity enacts an ordinance pursuant to this section it
5shall, both two years and five years after enactment of the
6ordinance, report all of the following information to the Senate
7Committee on Transportation and Housing and the Assembly
8Committee on Transportation:

9(1) A description of the ordinance, including the circumstances
10under which an alleged violator is afforded the opportunity to
11complete the administrative process.

12(2) The amount of the administrative penalties.

13(3) The number and types of citations administered pursuant to
14the ordinance.

15(4) To the extent available, a comparison of the number and
16types of citations administered pursuant to the ordinance with the
17number and types of citations issued for similar offenses and
18administered through the courts both in the two years prior to the
19ordinance and, if any, since enactment of the ordinance.

20(5) A discussion of the effect of the ordinance on passenger
21behavior.

22(6) A discussion of the effect of the ordinance on revenues to
23the entity described in subdivision (a) and, in consultation with
24the superior courts, the cost savings to the county courts. The
25superior courts are encouraged to collaborate on and provide data
26for this report.

27begin insert

begin insertSEC. 2.3end insertbegin insert.end insert  

end insert

begin insertSection 99580 of the end insertbegin insertPublic Utilities Codeend insertbegin insert is amended
28to read:end insert

29

99580.  

(a) Pursuant to subdivision (e) of Section 640 of the
30Penal Code, a public transportation agency may enact and enforce
31an ordinance to impose and enforce an administrative penalty for
32any of the acts described in subdivision (b).begin delete The ordinance shall
33include the provisions of this chapter and shall not apply to minors.end delete

34(b) (1) Evasion of the payment of a fare of the system.

35(2) Misuse of a transfer, pass, ticket, or token with the intent to
36evade the payment of a fare.

37(3) Playingbegin insert unreasonably loudend insert sound equipment on or in a
38system facility orbegin delete vehicle.end deletebegin insert vehicle, or failing to comply with the
39warning of a transit official related to disturbing another person
40by loud or unreasonable noise.end insert

P10   1(4) Smoking, eating, or drinking in or on a system facility or
2vehicle in those areas where those activities are prohibited by that
3system.

4(5) Expectorating upon a system facility or vehicle.

5(6) Willfully disturbing others on or in a system facility or
6vehicle by engaging in boisterous or unruly behavior.

7(7) Carrying an explosive or acid, flammable liquid, or toxic or
8hazardous material in a system facility or vehicle.

9(8) Urinating or defecating in a system facility or vehicle, except
10in a lavatory. However, this paragraph shall not apply to a person
11who cannot comply with this paragraph as a result of a disability,
12age, or a medical condition.

13(9) (A) Willfully blocking the free movement of another person
14in a system facility or vehicle.

15(B) This paragraph shall not be interpreted to affect any lawful
16activities permitted orbegin delete first amendmentend deletebegin insert First Amendmentend insert rights
17protected under the laws of this state or applicable federal law,
18including, but not limited to, laws related to collective bargaining,
19labor relations, or labor disputes.

20(10) Skateboarding, roller skating, bicycle riding, or roller
21blading in a system facility, including a parking structure, or in a
22system vehicle. This paragraph does not apply to an activity that
23is necessary for utilization of a system facility by a bicyclist,
24including, but not limited to, an activity that is necessary for
25parking a bicycle or transporting a bicycle aboard a system vehicle,
26if that activity is conducted with the permission of the agency of
27the system in a manner that does not interfere with the safety of
28the bicyclist or other patrons of the system facility.

29(11) (A) Unauthorized use of a discount ticket or failure to
30present, upon request from a system representative, acceptable
31proof of eligibility to use a discount ticket, in accordance with
32Section 99155, and posted system identification policies when
33entering or exiting a system station or vehicle. Acceptable proof
34of eligibility must be clearly defined in the posting.

35(B)  begin deleteIn the event thatend delete begin insert Ifend insert an eligible discount ticket user is not in
36possession of acceptable proof at the time of request, an issued
37notice of fare evasion or passenger conduct violation shall be held
38for a period of 72 hours to allow the user to produce acceptable
39proof. If the proof is provided, that notice shall be voided. If the
P11   1proof is not produced within that time period, that notice shall be
2processed.

3(12) begin deleteSaleend deletebegin insert Sellingend insert or peddlingbegin delete ofend delete any goods, merchandise,
4property, or services of any kind whatsoever on the facilities,
5vehicles, or property of the public transportation system without
6the express written consent of the public transportation system or
7its duly authorized representatives.

begin insert

8(13) Failing to yield seating reserved for an elderly or disabled
9person.

end insert

10(c) (1) The public transportation agency may contract with a
11private vendor or governmental agency for the processing of notices
12of fare evasion or passenger conduct violation, and notices of
13delinquent fare evasion or passenger conduct violation pursuant
14to Section 99581.

15(2) For the purpose of this chapter, “processing agency” means
16either of the following:

17(A) The agency issuing the notice of fare evasion or passenger
18 conduct violation and the notice of delinquent fare evasion or
19passenger conduct violation.

20(B) The party responsible for processing the notice of fare
21evasion or passenger conduct violation and the notice of delinquent
22violation, if a contract is entered into pursuant to paragraph (1).

23(3) For the purpose of this chapter, “fare evasion or passenger
24conduct violation penalty” includes, but is not limited to, a late
25payment penalty, administrative fee, fine, assessment, and costs
26of collection as provided for in the ordinance.

27(4) For the purpose of this chapter, “public transportation
28agency” shall mean a public agency that provides public
29transportation as defined in paragraph (1) of subdivision (f) of
30Section 1 of Article XIX A of the California Constitution.

31(5) All fare evasion and passenger conduct violation penalties
32collected pursuant to this chapter shall be deposited in the general
33fund of the county in which the citation is administered.

begin insert

34(d) (1) If a fare evasion or passenger conduct violation is
35observed by a person authorized to enforce the ordinance, a notice
36of fare evasion or passenger conduct violation shall be issued. The
37notice shall set forth all of the following:

end insert
begin insert

38(A) The violation, including reference to the ordinance setting
39forth the administrative penalty.

end insert
begin insert

P12   1(B) The date and approximate time of the violation, and the
2location where the violation occurred.

end insert
begin insert

3(C) A printed statement indicating the date payment is required
4to be made.

end insert
begin insert

5(D) The procedure for contesting the notice.

end insert
begin insert

6(E) A printed statement that the person may be charged with
7an infraction or misdemeanor pursuant to Section 640 of the Penal
8Code if the administrative penalty is not paid when due or
9dismissed pursuant to the procedure for contesting the notice.

end insert
begin delete

10(d) (1) If a fare evasion or passenger conduct violation is
11observed by a person authorized to enforce the ordinance, a notice
12of fare evasion or passenger conduct violation shall be issued. The
13notice shall set forth the violation, including reference to the
14ordinance setting forth the administrative penalty, the date of the
15violation, the approximate time, and the location where the
16violation occurred. The notice shall include a printed statement
17indicating the date payment is required to be made, and the
18procedure for contesting the notice. The

end delete

19begin insert(2)end insertbegin insertend insertbegin insertTheend insert notice shall be served by personal service upon the
20violator. The notice, or copy of the notice, shall be considered a
21record kept in the ordinary course of business of the issuing agency
22and the processing agency, and shall be prima facie evidence of
23the facts contained in the notice establishing a rebuttable
24presumption affecting the burden of producing evidence.

begin delete

25(2)

end delete

26begin insert(end insertbegin insert3)end insert When a notice of fare evasion or passenger conduct violation
27has been served, the person issuing the notice shall file the notice
28with the processing agency.

begin delete

29(3)

end delete

30begin insert(end insertbegin insert4)end insert If, after a notice of fare evasion or passenger conduct
31violation is issued pursuant to this section, the issuing officer
32 determines that there is incorrect data on the notice, including, but
33not limited to, the date or time, the issuing officer may indicate in
34writing on a form attached to the original notice the necessary
35correction to allow for the timely entry of the corrected notice on
36the processing agency’s data system. A copy of the correction shall
37be mailed to the address provided by the person cited at the time
38the original notice of fare evasion or passenger conduct violation
39was served.

begin delete

40(4)

end delete

P13   1begin insert(end insertbegin insert5)end insert If a person contests a notice of fare evasion or passenger
2conduct violation, the issuing agency shall proceed in accordance
3with Section 99581.

4(e) In setting the amounts of administrative penalties for the
5violations listed in subdivision (b), the public transportation agency
6shall not establish penalty amounts that exceed the maximum fine
7amount set forth in Section 640 of the Penal Code.

8(f) begin insert(1)end insertbegin insertend insert A person who receives a notice of fare evasion or
9passenger conduct violation pursuant to this section shall not be
10subject to citation for a violation of Section 640 of the Penalbegin delete Code.end delete
11begin insert Code, end insertbegin insertif the person pays the administrative penalty when due or
12successfully completes the civil administrative process pursuant
13to this chapter.end insert

begin insert

14(2) A person who fails to pay the administrative penalty when
15due or successfully complete the civil administrative process
16pursuant to this chapter may be charged with an infraction or
17misdemeanor pursuant to Section 640 of the Penal Code.

end insert
begin insert

18(3) If a person is charged with an infraction or misdemeanor
19pursuant to Section 640 of the Penal Code, after failing to pay the
20administrative penalty or successfully complete the civil
21administrative process pursuant to this chapter, the processing
22agency shall dismiss the original notice of fare evasion or
23passenger conduct violation and make no further attempts to collect
24the administrative penalty.

end insert
begin insert

25(4) A person who is charged with an infraction or misdemeanor
26pursuant to Section 640 of the Penal Code, after failing to pay the
27administrative penalty or successfully complete the civil
28administrative process pursuant to this chapter, shall be personally
29served by the processing agency with a new notice of fare evasion
30or passenger conduct violation that sets forth the violation under
31Section 640 of the Penal Code.

end insert

32(g) If an entity enacts an ordinance pursuant to this section it
33shall, both two years and five years after enactment of the
34ordinance, report all of the following information to the Senate
35Committee on Transportation and Housing and the Assembly
36Committee on Transportation:

37(1) A description of the ordinance, including the circumstances
38under which an alleged violator is afforded the opportunity to
39complete the administrative process.

40(2) The amount of the administrative penalties.

P14   1(3) The number and types of citations administered pursuant to
2the ordinance.

3(4) To the extent available, a comparison of the number and
4types of citations administered pursuant to the ordinance with the
5number and types of citations issued for similar offenses and
6administered through the courts both in the two years prior to the
7ordinance and, if any, since enactment of the ordinance.

8(5) A discussion of the effect of the ordinance on passenger
9behavior.

10(6) A discussion of the effect of the ordinance on revenues to
11the entity described in subdivision (a) and, in consultation with
12the superior courts, the cost savings to the county courts. The
13superior courts are encouraged to collaborate on and provide data
14for this report.

15begin insert

begin insertSEC. 2.5.end insert  

end insert

begin insertSection 99580 of the end insertbegin insertPublic Utilities Codeend insertbegin insert is amended
16to read:end insert

17

99580.  

(a) Pursuant to subdivision (e) of Section 640 of the
18Penal Code, a public transportation agency may enact and enforce
19an ordinance to impose and enforce an administrative penalty for
20any of the acts described in subdivision (b).begin delete The ordinance shall
21include the provisions of this chapter and shall not apply to minors.end delete

22(b) (1) Evasion of the payment of a fare of the system.

23(2) Misuse of a transfer, pass, ticket, or token with the intent to
24evade the payment of a fare.

25(3) Playingbegin insert unreasonably loudend insert sound equipment on or in a
26system facility orbegin delete vehicle.end deletebegin insert vehicle, or failing to comply with the
27warning of a transit official related to disturbing another person
28by loud or unreasonable noise.end insert

29(4) begin deleteSmoking,end deletebegin insert Smoking a tobacco product,end insert eating, or drinking
30in or on a system facility or vehicle in those areas where those
31activities are prohibited by that system.

32(5) Expectorating upon a system facility or vehicle.

33(6) Willfully disturbing others on or in a system facility or
34vehicle by engaging in boisterous or unruly behavior.

35(7) Carrying an explosive or acid, flammable liquid, or toxic or
36hazardous material in a system facility or vehicle.

37(8) Urinating or defecating in a system facility or vehicle, except
38in a lavatory. However, this paragraph shall not apply to a person
39who cannot comply with this paragraph as a result of a disability,
40age, or a medical condition.

P15   1(9) (A) Willfully blocking the free movement of another person
2in a system facility or vehicle.

3(B) This paragraph shall not be interpreted to affect any lawful
4activities permitted orbegin delete first amendmentend deletebegin insert First Amendmentend insert rights
5protected under the laws of this state or applicable federal law,
6including, but not limited to, laws related to collective bargaining,
7labor relations, or labor disputes.

8(10) Skateboarding, roller skating, bicycle riding, or roller
9blading in a system facility, including a parking structure, or in a
10system vehicle. This paragraph does not apply to an activity that
11is necessary for utilization of a system facility by a bicyclist,
12including, but not limited to, an activity that is necessary for
13parking a bicycle or transporting a bicycle aboard a system vehicle,
14if that activity is conducted with the permission of the agency of
15the system in a manner that does not interfere with the safety of
16the bicyclist or other patrons of the system facility.

17(11) (A) Unauthorized use of a discount ticket or failure to
18present, upon request from a system representative, acceptable
19proof of eligibility to use a discount ticket, in accordance with
20Section 99155, and posted system identification policies when
21entering or exiting a system station or vehicle. Acceptable proof
22of eligibility must be clearly defined in the posting.

23(B)  begin deleteIn the event thatend delete begin insert Ifend insert an eligible discount ticket user is not in
24possession of acceptable proof at the time of request, an issued
25notice of fare evasion or passenger conduct violation shall be held
26for a period of 72 hours to allow the user to produce acceptable
27proof. If the proof is provided, that notice shall be voided. If the
28proof is not produced within that time period, that notice shall be
29processed.

30(12) begin deleteSaleend deletebegin insert Sellingend insert or peddlingbegin delete ofend delete any goods, merchandise,
31property, or services of any kind whatsoever on the facilities,
32vehicles, or property of the public transportation system without
33the express written consent of the public transportation system or
34its duly authorized representatives.

begin insert

35(13) Failing to yield seating reserved for an elderly or disabled
36person.

end insert

37(c) (1) The public transportation agency may contract with a
38private vendor or governmental agency for the processing of notices
39of fare evasion or passenger conduct violation, and notices of
P16   1delinquent fare evasion or passenger conduct violation pursuant
2to Section 99581.

3(2) For the purpose of this chapter, “processing agency” means
4either of the following:

5(A) The agency issuing the notice of fare evasion or passenger
6 conduct violation and the notice of delinquent fare evasion or
7passenger conduct violation.

8(B) The party responsible for processing the notice of fare
9evasion or passenger conduct violation and the notice of delinquent
10violation, if a contract is entered into pursuant to paragraph (1).

11(3) For the purpose of this chapter, “fare evasion or passenger
12conduct violation penalty” includes, but is not limited to, a late
13payment penalty, administrative fee, fine, assessment, and costs
14of collection as provided for in the ordinance.

15(4) For the purpose of this chapter, “public transportation
16agency” shall mean a public agency that provides public
17transportation as defined in paragraph (1) of subdivision (f) of
18Section 1 of Article XIX A of the California Constitution.

19(5) All fare evasion and passenger conduct violation penalties
20collected pursuant to this chapter shall be deposited in the general
21fund of the county in which the citation is administered.

22(d) (1) If a fare evasion or passenger conduct violation is
23observed by a person authorized to enforce the ordinance, a notice
24of fare evasion or passenger conduct violation shall be issued. The
25notice shall set forth the violation, including reference to the
26ordinance setting forth the administrative penalty, the date of the
27violation, the approximate time, and the location where the
28violation occurred. The notice shall include a printed statement
29indicating the date payment is required to be made, and the
30procedure for contesting the notice. The notice shall be served by
31personal service upon the violator. The notice, or copy of the
32notice, shall be considered a record kept in the ordinary course of
33business of the issuing agency and the processing agency, and
34shall be prima facie evidence of the facts contained in the notice
35establishing a rebuttable presumption affecting the burden of
36producing evidence.

37(2) When a notice of fare evasion or passenger conduct violation
38has been served, the person issuing the notice shall file the notice
39with the processing agency.

P17   1(3) If, after a notice of fare evasion or passenger conduct
2violation is issued pursuant to this section, the issuing officer
3determines that there is incorrect data on the notice, including, but
4not limited to, the date or time, the issuing officer may indicate in
5writing on a form attached to the original notice the necessary
6correction to allow for the timely entry of the corrected notice on
7the processing agency’s data system. A copy of the correction shall
8be mailed to the address provided by the person cited at the time
9the original notice of fare evasion or passenger conduct violation
10was served.

11(4) If a person contests a notice of fare evasion or passenger
12conduct violation, the issuing agency shall proceed in accordance
13with Section 99581.

14(e) In setting the amounts of administrative penalties for the
15violations listed in subdivision (b), the public transportation agency
16shall not establish penalty amounts that exceed the maximum fine
17amount set forth in Section 640 of the Penal Code.

18(f) A person who receives a notice of fare evasion or passenger
19conduct violation pursuant to this section shall not be subject to
20citation for a violation of Section 640 of the Penal Code.

21(g) If an entity enacts an ordinance pursuant to this section it
22shall, both two years and five years after enactment of the
23ordinance, report all of the following information to the Senate
24Committee on Transportation and Housing and the Assembly
25Committee on Transportation:

26(1) A description of the ordinance, including the circumstances
27under which an alleged violator is afforded the opportunity to
28complete the administrative process.

29(2) The amount of the administrative penalties.

30(3) The number and types of citations administered pursuant to
31the ordinance.

32(4) To the extent available, a comparison of the number and
33types of citations administered pursuant to the ordinance with the
34number and types of citations issued for similar offenses and
35administered through the courts both in the two years prior to the
36ordinance and, if any, since enactment of the ordinance.

37(5) A discussion of the effect of the ordinance on passenger
38behavior.

39(6) A discussion of the effect of the ordinance on revenues to
40the entity described in subdivision (a) and, in consultation with
P18   1the superior courts, the cost savings to the county courts. The
2superior courts are encouraged to collaborate on and provide data
3for this report.

begin insert

4(h) For purposes of this section, “smoking” has the meaning
5of the definition in subdivision (c) of Section 22950.5 of the
6Business and Professions Code.

end insert
begin insert

7(i) For purposes of this section, “tobacco product” means a
8product or device as defined in subdivision (d) of Section 22950.5
9of the Business and Professions Code.

end insert
10begin insert

begin insertSEC. 2.7end insertbegin insert.end insert  

end insert

begin insertSection 99580 of the end insertbegin insertPublic Utilities Codeend insertbegin insert is amended
11to read:end insert

12

99580.  

(a) Pursuant to subdivision (e) of Section 640 of the
13Penal Code, a public transportation agency may enact and enforce
14an ordinance to impose and enforce an administrative penalty for
15any of the acts described in subdivision (b).begin delete The ordinance shall
16include the provisions of this chapter and shall not apply to minors.end delete

17(b) (1) Evasion of the payment of a fare of the system.

18(2) Misuse of a transfer, pass, ticket, or token with the intent to
19evade the payment of a fare.

20(3) Playingbegin insert unreasonably loudend insert sound equipment on or in a
21system facility orbegin delete vehicle.end deletebegin insert vehicle, or failing to comply with the
22warning of a transit official related to disturbing another person
23by loud or unreasonable noise.end insert

24(4) begin deleteSmoking,end deletebegin insert Smoking a tobacco product,end insert eating, or drinking
25in or on a system facility or vehicle in those areas where those
26activities are prohibited by that system.

27(5) Expectorating upon a system facility or vehicle.

28(6) Willfully disturbing others on or in a system facility or
29vehicle by engaging in boisterous or unruly behavior.

30(7) Carrying an explosive or acid, flammable liquid, or toxic or
31hazardous material in a system facility or vehicle.

32(8) Urinating or defecating in a system facility or vehicle, except
33in a lavatory. However, this paragraph shall not apply to a person
34who cannot comply with this paragraph as a result of a disability,
35age, or a medical condition.

36(9) (A) Willfully blocking the free movement of another person
37in a system facility or vehicle.

38(B) This paragraph shall not be interpreted to affect any lawful
39activities permitted orbegin delete first amendmentend deletebegin insert First Amendmentend insert rights
40protected under the laws of this state or applicable federal law,
P19   1including, but not limited to, laws related to collective bargaining,
2labor relations, or labor disputes.

3(10) Skateboarding, roller skating, bicycle riding, or roller
4blading in a system facility, including a parking structure, or in a
5system vehicle. This paragraph does not apply to an activity that
6is necessary for utilization of a system facility by a bicyclist,
7including, but not limited to, an activity that is necessary for
8parking a bicycle or transporting a bicycle aboard a system vehicle,
9if that activity is conducted with the permission of the agency of
10the system in a manner that does not interfere with the safety of
11the bicyclist or other patrons of the system facility.

12(11) (A) Unauthorized use of a discount ticket or failure to
13present, upon request from a system representative, acceptable
14proof of eligibility to use a discount ticket, in accordance with
15Section 99155, and posted system identification policies when
16entering or exiting a system station or vehicle. Acceptable proof
17of eligibility must be clearly defined in the posting.

18(B)  begin deleteIn the event thatend delete begin insert Ifend insert an eligible discount ticket user is not in
19possession of acceptable proof at the time of request, an issued
20notice of fare evasion or passenger conduct violation shall be held
21for a period of 72 hours to allow the user to produce acceptable
22proof. If the proof is provided, that notice shall be voided. If the
23proof is not produced within that time period, that notice shall be
24processed.

25(12) begin deleteSaleend deletebegin insert Sellingend insert or peddlingbegin delete ofend delete any goods, merchandise,
26property, or services of any kind whatsoever on the facilities,
27vehicles, or property of the public transportation system without
28the express written consent of the public transportation system or
29its duly authorized representatives.

begin insert

30(13) Failing to yield seating reserved for an elderly or disabled
31person.

end insert

32(c) (1) The public transportation agency may contract with a
33private vendor or governmental agency for the processing of notices
34of fare evasion or passenger conduct violation, and notices of
35delinquent fare evasion or passenger conduct violation pursuant
36to Section 99581.

37(2) For the purpose of this chapter, “processing agency” means
38either of the following:

P20   1(A) The agency issuing the notice of fare evasion or passenger
2 conduct violation and the notice of delinquent fare evasion or
3passenger conduct violation.

4(B) The party responsible for processing the notice of fare
5evasion or passenger conduct violation and the notice of delinquent
6violation, if a contract is entered into pursuant to paragraph (1).

7(3) For the purpose of this chapter, “fare evasion or passenger
8conduct violation penalty” includes, but is not limited to, a late
9payment penalty, administrative fee, fine, assessment, and costs
10of collection as provided for in the ordinance.

11(4) For the purpose of this chapter, “public transportation
12agency” shall mean a public agency that provides public
13transportation as defined in paragraph (1) of subdivision (f) of
14Section 1 of Article XIX A of the California Constitution.

15(5) All fare evasion and passenger conduct violation penalties
16collected pursuant to this chapter shall be deposited in the general
17fund of the county in which the citation is administered.

begin insert

18(d) (1) If a fare evasion or passenger conduct violation is
19observed by a person authorized to enforce the ordinance, a notice
20of fare evasion or passenger conduct violation shall be issued. The
21notice shall set forth all of the following:

end insert
begin insert

22(A) The violation, including reference to the ordinance setting
23forth the administrative penalty.

end insert
begin insert

24(B) The date and approximate time of the violation, and the
25location where the violation occurred.

end insert
begin insert

26(C) A printed statement indicating the date payment is required
27to be made.

end insert
begin insert

28(D) The procedure for contesting the notice.

end insert
begin insert

29(E) A printed statement that the person may be charged with
30an infraction or misdemeanor pursuant to Section 640 of the Penal
31Code if the administrative penalty is not paid when due or
32dismissed pursuant to the procedure for contesting the notice.

end insert
begin delete

33(d) (1) If a fare evasion or passenger conduct violation is
34observed by a person authorized to enforce the ordinance, a notice
35of fare evasion or passenger conduct violation shall be issued. The
36notice shall set forth the violation, including reference to the
37ordinance setting forth the administrative penalty, the date of the
38violation, the approximate time, and the location where the
39violation occurred. The notice shall include a printed statement
P21   1indicating the date payment is required to be made, and the
2procedure for contesting the notice. The

end delete

3begin insert (2)end insertbegin insertend insertbegin insertTheend insert notice shall be served by personal service upon the
4violator. The notice, or copy of the notice, shall be considered a
5record kept in the ordinary course of business of the issuing agency
6and the processing agency, and shall be prima facie evidence of
7the facts contained in the notice establishing a rebuttable
8presumption affecting the burden of producing evidence.

begin delete

9(2)

end delete

10begin insert(end insertbegin insert3)end insert When a notice of fare evasion or passenger conduct violation
11has been served, the person issuing the notice shall file the notice
12with the processing agency.

begin delete

13(3)

end delete

14begin insert(end insertbegin insert4)end insert If, after a notice of fare evasion or passenger conduct
15violation is issued pursuant to this section, the issuing officer
16 determines that there is incorrect data on the notice, including, but
17not limited to, the date or time, the issuing officer may indicate in
18writing on a form attached to the original notice the necessary
19correction to allow for the timely entry of the corrected notice on
20the processing agency’s data system. A copy of the correction shall
21be mailed to the address provided by the person cited at the time
22the original notice of fare evasion or passenger conduct violation
23was served.

begin delete

24(4)

end delete

25begin insert(end insertbegin insert5)end insert If a person contests a notice of fare evasion or passenger
26conduct violation, the issuing agency shall proceed in accordance
27with Section 99581.

28(e) In setting the amounts of administrative penalties for the
29violations listed in subdivision (b), the public transportation agency
30shall not establish penalty amounts that exceed the maximum fine
31amount set forth in Section 640 of the Penal Code.

32(f) begin insert(1)end insertbegin insertend insert A person who receives a notice of fare evasion or
33passenger conduct violation pursuant to this section shall not be
34subject to citation for a violation of Section 640 of the Penalbegin delete Code.end delete
35begin insert Code, if the person pays the administrative penalty when due or
36successfully completes the civil administrative process pursuant
37to this chapter.end insert

begin insert

38(2) A person who fails to pay the administrative penalty when
39due or successfully complete the civil administrative process
P22   1pursuant to this chapter may be charged with an infraction or
2misdemeanor pursuant to Section 640 of the Penal Code.

end insert
begin insert

3(3) If a person is charged with an infraction or misdemeanor
4pursuant to Section 640 of the Penal Code, after failing to pay the
5administrative penalty or successfully complete the civil
6administrative process pursuant to this chapter, the processing
7agency shall dismiss the original notice of fare evasion or
8passenger conduct violation and make no further attempts to collect
9 the administrative penalty.

end insert
begin insert

10(4) A person who is charged with an infraction or misdemeanor
11pursuant to Section 640 of the Penal Code, after failing to pay the
12administrative penalty or successfully complete the civil
13administrative process pursuant to this chapter, shall be personally
14served by the processing agency with a new notice of fare evasion
15or passenger conduct violation that sets forth the violation under
16Section 640 of the Penal Code.

end insert

17(g) If an entity enacts an ordinance pursuant to this section it
18shall, both two years and five years after enactment of the
19ordinance, report all of the following information to the Senate
20Committee on Transportation and Housing and the Assembly
21Committee on Transportation:

22(1) A description of the ordinance, including the circumstances
23under which an alleged violator is afforded the opportunity to
24complete the administrative process.

25(2) The amount of the administrative penalties.

26(3) The number and types of citations administered pursuant to
27the ordinance.

28(4) To the extent available, a comparison of the number and
29types of citations administered pursuant to the ordinance with the
30number and types of citations issued for similar offenses and
31administered through the courts both in the two years prior to the
32ordinance and, if any, since enactment of the ordinance.

33(5) A discussion of the effect of the ordinance on passenger
34behavior.

35(6) A discussion of the effect of the ordinance on revenues to
36the entity described in subdivision (a) and, in consultation with
37the superior courts, the cost savings to the county courts. The
38superior courts are encouraged to collaborate on and provide data
39for this report.

begin insert

P23   1(h) For purposes of this section, “smoking” has the meaning
2of the definition in subdivision (c) of Section 22950.5 of the
3Business and Professions Code.

end insert
begin insert

4(i) For purposes of this section, “tobacco product” means a
5product or device as defined in subdivision (d) of Section 22950.5
6of the Business and Professions Code.

end insert
7begin insert

begin insertSEC. end insertbegin insert3end insertbegin insert.end insert  

end insert
begin insert

(a) Section 2.3 of this bill incorporates amendments
8to Section 99580 of the Public Utilities Code proposed by both
9this bill and Assembly Bill 869. It shall only become operative if
10(1) both bills are enacted and become effective on or before
11January 1, 2016, (2) each bill amends Section 99580 of the Public
12Utilities Code, (3) neither Assembly Bill 6 of the Second
13Extraordinary Session or Senate Bill 5 of the Second Extraordinary
14Session are enacted or as enacted neither amends Section 99580
15of the Public Utilities Code, and (4) this bill is enacted after
16Assembly Bill 869, in which case Sections 2, 2.5, and 2.7 of this
17bill shall not become operative.

end insert
begin insert

18(b) Section 2.5 of this bill incorporates amendments to Section
1999580 of the Public Utilities Code proposed by this bill and
20Assembly Bill 6 of the Second Extraordinary Session and Senate
21Bill 5 of the Second Extraordinary Session. It shall only become
22operative if (1) this bill and either Assembly Bill 6 of the Second
23Extraordinary Session or Senate Bill 5 of the Second Extraordinary
24Session, or both of them, are enacted and become effective on or
25before January 1, 2016, (2) each enacted bill amends Section
2699580 of the Public Utilities Code, (3) Assembly Bill 869 is not
27enacted or as enacted does not amend that section, and (4) this
28bill is enacted after the other bill or bills, in which case Section
2999580 of the Public Utilities Code, as amended by Assembly Bill
306 of the Second Extraordinary Session or Senate Bill 5 of the
31Second Extraordinary Session shall remain operative only until
32the operative date of this bill, at which time Section 2.5 of this bill
33shall become operative and Sections 2, 2.3, and 2.7 of this bill
34shall not become operative.

end insert
begin insert

35(c) Section 2.7 of this bill incorporates amendments to Section
3699580 of the Public Utilities Code proposed by this bill, Assembly
37Bill 869, Assembly Bill 6 of the Second Extraordinary Session,
38and Senate Bill 5 of the Second Extraordinary Session. It shall
39only become operative if (1) this bill, Assembly Bill 869, and either
40Assembly Bill 6 of the Second Extraordinary Session or Senate
P24   1Bill 5 of the Second Extraordinary Session, or both of them, are
2enacted and become effective on or before January 1, 2016, (2)
3each bill amends Section 99580 of the Public Utilities Code, and
4(3) this bill is enacted after the other bills, in which case Section
599580 of the Public Utilities Code, as amended by Assembly Bill
66 of the Second Extraordinary Session or Senate Bill 5 of the
7Second Extraordinary Session shall remain operative only until
8the operative date of this bill, at which time Section 2.7 of this bill
9shall become operative and Sections 2, 2.3, and 2.5 of this bill
10shall not become operative.

end insert
11

begin deleteSEC. 3.end delete
12begin insertSEC. 4.end insert  

No reimbursement is required by this act pursuant to
13Section 6 of Article XIII B of the California Constitution because
14the only costs that may be incurred by a local agency or school
15district will be incurred because this act creates a new crime or
16infraction, eliminates a crime or infraction, or changes the penalty
17for a crime or infraction, within the meaning of Section 17556 of
18the Government Code, or changes the definition of a crime within
19the meaning of Section 6 of Article XIII B of the California
20Constitution.



O

    95