BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON TRANSPORTATION AND HOUSING
                              Senator Jim Beall, Chair
                                2015 - 2016  Regular 

          Bill No:          SB 413            Hearing Date:    4/28/2015
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          |Author:   |Wieckowski                                            |
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          |Version:  |4/16/2015                                             |
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          |Urgency:  |No                     |Fiscal:      |Yes             |
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          |Consultant|Eric Thronson                                         |
          |:         |                                                      |
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          SUBJECT:  Public transit:  prohibited conduct


            DIGEST:  This bill adds violations to the list of activities  
          that are infractions related to transit operators, as well as  
          includes minors as potential violators of all existing  
          infractions.

          ANALYSIS:
          
          Existing law makes it an infraction for someone, who is not a  
          minor, to engage in a number of activities in a vehicle or  
          facility of any transit district, with varying fines and  
          penalties assigned to each tier of infraction, including:

          1)Tier 1 (up to $250 fine and community service)

                 Eating, drinking, or smoking in areas where the system  
               operator has prohibited those activities

                 Disturbing another person by loud or unreasonable noise

                 Expectorating

                 Skateboarding, roller skating, bicycle riding, or roller  
               blading, except as necessary for utilization of the transit  
               facility by a bicyclist

                 The sale or peddling of goods, merchandise, property, or  
               services without written consent if the public  







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               transportation system has prohibited those acts

          1)Tier 2 (up to $400 fine and community service or jail time)

                 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

          This bill:

          1)Includes minors as potential violators of all delineated  
            infractions

          2)Specifies that the "loud noise" infraction includes playing  
            sound equipment on or in a system facility or vehicle, or  
            failing to comply with the warning of a transit official  
            concerning disturbing others with loud noise

          3)Adds failing to yield seating reserved for an elderly or  
            disabled person to the list of Tier 1 infractions

          4)Increases from Tier 1 to Tier 2 the penalty for the sale or  
            peddling of goods, merchandise, property, or services without  
            written consent

          COMMENTS:

          1)Purpose.  According to the author, this bill improves transit  
            agencies' enforcement of specified prohibited acts and thereby  
            improves overall transit service.  This bill does this by  
            clarifying existing law to provide parity for what constitutes  
            violations, allowing transit agencies to use administrative  
            penalties to cite and process minors, and by adding a  
            violation in line with the federal Americans with Disabilities  
            Act.

          2)Why include minors?  Existing law allows transit operators to  
            levy administrative penalties against adults who have  
            committed certain violations on their systems, but sends  
            minors who commit these violations through the judicial  








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            system.  When San Francisco originally sought the authority to  
            levy administrative penalties for these violations, it  
            intentionally did not apply this new process to minors because  
            it thought the threat of a juvenile record might act as a  
            deterrent to the minors.  This has not been the case,  
            unfortunately, and now transit operators want to subject  
            minors to an administrative process for resolving violations  
            in the same manner as adults, removing them from the criminal  
            process and reducing the overall pressure on the state's  
            stressed court system.  This bill accomplishes this aim.

          3)Why is peddling goods so bad?  This bill increases the  
            potential penalty for the sale or peddling of goods on transit  
            property without written consent.  This violation is being  
            elevated from the realm of eating or drinking or spitting on a  
            transit vehicle to be akin to fare evasion or fraud.  It is  
            unclear why violators of this infraction need to be treated  
            more harshly than they have in the past.  The committee may  
            wish to ask the author for justification of increasing the  
            penalty for the sale or peddling of wares on transit property.
          
          Related Legislation:
          
          AB 869 (Cooper) - relates to the process by which transit  
          operators levy administrative penalties for fare evasion.  This  
          bill is currently pending in the Assembly Appropriations  
          Committee.

          SB 24 (Hill) - restricts the use of e-cigarettes in specific  
          areas, including adding the use of e-cigarettes on transit  
          property to the list of activities that are infractions.  This  
          bill is currently pending in the Senate Appropriations  
          Committee. 

          SB 140 (Leno) - defines "smoking" to include the use of  
          e-cigarettes, and references this definition in relation to the  
          smoking activity included in existing law as an infraction on a  
          transit property.  This bill is currently pending in the Senate  
          Appropriations Committee.

          FISCAL EFFECT:  Appropriation:  No    Fiscal Com.:  Yes     
          Local:  Yes


            POSITIONS:  (Communicated to the committee before noon on  








          SB 413 (Wieckowski)                                Page 4 of ?
          
          
          Wednesday,
                          April 22, 2015.)
          
            SUPPORT:  

          California Transit Association (sponsor)
          Free MUNI For Youth Coalition
          San Francisco Municipal Transportation Agency
          San Francisco Bay Area Rapid Transit District (BART)
          Santa Clara Valley Transportation Authority

          OPPOSITION:

          None received
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