BILL ANALYSIS Ó
SB 413
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Date of Hearing: June 29, 2015
ASSEMBLY COMMITTEE ON TRANSPORTATION
Jim Frazier, Chair
SB
413 (Wieckowski) - As Amended June 22, 2015
SENATE VOTE: 40-0
SUBJECT: Public transit: prohibited conduct.
SUMMARY: Makes changes to statutes governing prohibited conduct
on public transit properties. Specifically, this bill:
1)Clarifies that playing sound equipment on or in a transit
facility or vehicle or failing to comply with the warning of a
transit official regarding disturbing others with loud noise
is punishable as an infraction.
2)Makes failing to yield seating reserved for elderly or
disabled persons on public transit property punishable as an
infraction provided that the governing board of the public
transportation agency enacts an ordinance following a public
hearing on the issue.
3)Allows transit operators to levy administrative penalties
against minors who have committed certain violations on their
systems.
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4)Clarifies what constitutes rail transit property.
5)Makes related, clarifying amendments.
EXISTING LAW:
1)Makes it an infraction, punishable by a fine of $250 and 48
hours of community service, for adults who engage in the
following activities in a transit system facility or vehicle:
a) Eating, drinking, or smoking in areas where those
activities are prohibited;
b) Disturbing other people with loud or unreasonable noise;
c) Expectorating;
d) Skateboarding, roller blading, bicycle riding, or
operating a motorized scooter or similar device, as
specified; and,
e) Selling or peddling goods, merchandise, property, or
services as prohibited by the public transportation system.
2)Allows transit operators to levy administrative penalties
against adults who have committed certain violations on their
systems, but sends minors who commit these same acts through
the judicial system.
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3)Provides for misdemeanor penalties (for third or subsequent
offenses) for adults engaging in various forms of fare
evasion.
FISCAL EFFECT: Unknown
COMMENTS: According to the author, transit agencies need to
have the ability to improve enforcement on rail and bus systems
so that they can improve service and provide a better passenger
experience for all transit users. To accomplish this, the
author has introduced SB 413 on behalf of the sponsor, the
California Transit Association (CTA), to provide for an
administrative process for minors to resolve citations (as an
alternative to going to court), to clarify various statutes with
respect to noise violations, to clarify what constitutes rail
authority property for the purposes of enforcement, and to
provides transit officers with the ability to enforce certain
provisions of the Americans with Disabilities Act (ADA).
Administrative Penalties for Minors: In 2006, SB 1749 (Migden),
Chapter 258, Statutes of 2006, authorized certain transit
operators to enforce administrative penalties for transit
violations. While SB 1749 provided this administrative process
for adults, it specifically precluded minors from using it with
the intention that forcing minors to go to court would serve as
a deterrent to engaging in prohibited conduct. As it stands,
minors are instead required to enter the court system with
respect to transit citations. This has overburdened the court
system and the author believes that supplanting the requirement
that minors go to court with resolving transit citations
administratively, would provide minors with a means to more
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easily, quickly, and cost effectively resolve transit citations.
This proposed amendment has drawn mixed reaction from youth
advocates. The San Francisco Youth Commission supports the
provision for youth to use an administrative process to resolve
transit citations and their support letter notes that allowing
local transit agencies to use an administrative process to
address transit citations for minors makes it easier for youth
to resolve citations quickly and easily online thereby avoiding
the need to go to court where excessive penalties and
administrative fees are often assessed. They correctly point
out when criminal penalties are assessed; fees often end up
costing triple the base fine.
The Youth Law Center (YLC), on the other hand, contends that
replacing the option of going to court with an administrative
process would make it impossible for youth to "negotiate"
alternative penalties, such as community service in lieu of
fines. They also contend that online payment systems used by
transit entities are not a realistic option for indigent youth
who often lack computers, internet access, and credit cards.
Transit agencies have confirmed, however, that their
administrative processes do allow for all forms of payment
(cash, credit cards, and checks) as well as the ability to
substitute community service for fines.
Noise Violations: According to the author, different standards
are applied with respect to what constitutes a noise violation
on transit property. For example, the Penal Code states that
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officers may cite an individual for "disturbing another person
with loud or unreasonable noise" while the Public Utilities Code
states that individuals may be cited for "playing sound
equipment on or in a system facility." To address
inconsistencies and provide regular enforcement, SB 413 matches
the wording with respect to noise violations and adds the
clarification that failing to comply with the warning of a
transit official related to a noise disturbance also constitutes
a violation. By adding this clarifying language, the author
hopes to make noise disturbance enforcement more uniform and
consistent.
The YLC contends that in an attempt to clarify the codes, SB 413
has made the provision overly broad, implying that simply
playing sound equipment could be a citable offense. While it is
unlikely that a transit officer would issue a citation if
someone were simply listening to music on their iPod.
Rail Authority Property: SB 413 seeks to clarify what
constitutes a rail authority property. According to the
sponsor, transit officers often need to take enforcement action
to address activities occurring on adjunct facilities such as
tracks, culverts beneath tracks, viaducts, and facilities that
are leased rather than owned. SB 413 elucidates that transit
facilities include all properties owned or leased by the transit
operator, including stations and rail cars or buses and
associated facilities. By clarifying what constitutes a rail
authority property, SB 413 will allow transit operators to
better address prohibited conduct.
ADA Compliance: SB 413 addresses the act of failing to give up
designated priority seating to elderly or disabled person,
making failure to comply a violation that can be cited as an
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infraction. Specifically, the sponsor notes that in accordance
with ADA requirements, signs are posted in facilities specifying
that individuals must give up designated priority seating for
elderly and disabled persons, upon request. Transit entities,
however, are not authorized to cite passengers who refuse to
comply, making it impossible for the transit agency to enforce
ADA requirements.
Committee comments: Given that California has a stated goal of
reducing emissions and improving air quality, it stands to
reason that achieving this goal involves getting people out of
their cars and onto public transit. Getting people to take
transit, in lieu of driving, will be difficult, at best, if
transit operators are not able to provide a safe, secure, and
pleasant transit experience for their users. SB 413 gives
transit operators the tools they need to keep their facilities
safe and enjoyable to use, which, in turn, will increase
ridership and help California achieve its clean air goals.
Suggested amendment: To address concerns of the YLC, the
Committee suggests that the language in the bill with respect to
playing sound equipment in transit facilities be clarified to
ensure that citations are only be issued for "unreasonably loud"
noise from sound equipment.
Double referral: This bill will be referred to the Assembly
Public Safety Committee should it pass out of this committee.
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Related legislation: AB 869 (Cooper), would authorize a transit
district to pursue criminal penalties if a person fails to pay
the administrative penalty or successfully complete a civil
administrative process. AB 869 is currently pending in the
Senate Appropriations Committee.
SB 24 (Hill), would restrict 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. SB 24
failed passage on the Senate Floor and was placed on the
inactive file at the request of the author.
SB 140 (Leno), would, among other things, define "smoking" to
include the use of e-cigarettes, and references this definition
in relation to the smoking activity on a transit property. SB
140 is currently pending in the Assembly Governmental
Organization Committee.
Previous legislation: SB 1749 (Migden), Chapter 258, Statutes
of 2006, allowed for administrative enforcement of
transit-related violations in the City and County of San
Francisco and The Los Angeles County Metropolitan Transportation
Authority.
REGISTERED SUPPORT / OPPOSITION:
Support
California Transit Association (Sponsor)
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Arcata and Mad River Transit System
Free MUNI For Youth Coalition
Monterey-Salinas Transit
San Francisco Bay Area Rapid Transit District
San Francisco Municipal Transportation Agency
Santa Clara Valley Transportation Authority
Opposition
Legal Services for Prisoners with Children (likely removed
opposition)
Youth Law Center
Analysis Prepared by:Victoria Alvarez / TRANS. / (916)
319-2093
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