BILL ANALYSIS Ó SB 413 Page 1 SENATE THIRD READING SB 413 (Wieckowski) As Amended September 3, 2015 Majority vote SENATE VOTE: 40-0 -------------------------------------------------------------------- |Committee |Votes|Ayes |Noes | | | | | | | | | | | | | | | | |----------------+-----+-----------------------+---------------------| |Transportation |16-0 |Frazier, Achadjian, | | | | |Baker, Bloom, Campos, | | | | |Chu, Daly, Dodd, | | | | |Eduardo Garcia, Gomez, | | | | |Kim, Linder, Medina, | | | | |Melendez, Nazarian, | | | | |O'Donnell | | | | | | | |----------------+-----+-----------------------+---------------------| |Public Safety |7-0 |Quirk, Melendez, | | | | |Jones-Sawyer, Lackey, | | | | |Lopez, Low, Santiago | | | | | | | |----------------+-----+-----------------------+---------------------| |Appropriations |17-0 |Gomez, Bigelow, Bloom, | | | | |Bonta, Calderon, | | | | |Chang, Daly, Eggman, | | SB 413 Page 2 | | |Gallagher, Eduardo | | | | |Garcia, Holden, Jones, | | | | |Quirk, Rendon, Wagner, | | | | |Weber, Wood | | | | | | | | | | | | -------------------------------------------------------------------- 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. 4)Clarifies what constitutes rail transit property. 5)Makes related, clarifying amendments. 6)Adds provisions from AB 869 (Cooper), AB 6 X2 (Cooper), and SB 5 X2 (Leno) of the current legislative session, to avoid SB 413 Page 3 chaptering out conflicts. FISCAL EFFECT: According to the Assembly Appropriations Committee, potential non-reimbursable costs to public transit operators for enforcement, offset to some extent by fine revenues. 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 this bill on behalf of the sponsor, the California Transit Association, 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 easily, quickly, and cost effectively resolve transit citations. This proposed amendment has drawn mixed reaction from youth SB 413 Page 4 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 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, this bill 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. SB 413 Page 5 The YLC contends that in an attempt to clarify the codes, this bill 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: This bill 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. This bill 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, this bill will allow transit operators to better address prohibited conduct. Americans with Disabilities Act (ADA) Compliance: This bill 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 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 SB 413 Page 6 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. This bill 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. Analysis Prepared by: Victoria Alvarez / TRANS. / (916) 319-2093 FN: 0002030