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 ----------------------------------------------------------------- |Author: |Wieckowski | |----------+------------------------------------------------------| |Version: |4/16/2015 | ----------------------------------------------------------------- ----------------------------------------------------------------- |Urgency: |No |Fiscal: |Yes | ----------------------------------------------------------------- ----------------------------------------------------------------- |Consultant|Eric Thronson | |: | | ----------------------------------------------------------------- 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 SB 413 (Wieckowski) Page 2 of ? 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 SB 413 (Wieckowski) Page 3 of ? 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 -- END --