BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 413| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- UNFINISHED BUSINESS Bill No: SB 413 Author: Wieckowski (D) Amended: 9/3/15 Vote: 21 SENATE TRANS. & HOUSING COMMITTEE: 11-0, 4/28/15 AYES: Beall, Cannella, Allen, Bates, Gaines, Galgiani, Leyva, McGuire, Mendoza, Roth, Wieckowski SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8 SENATE FLOOR: 40-0, 5/28/15 AYES: Allen, Anderson, Bates, Beall, Berryhill, Block, Cannella, De León, Fuller, Gaines, Galgiani, Glazer, Hall, Hancock, Hernandez, Hertzberg, Hill, Hueso, Huff, Jackson, Lara, Leno, Leyva, Liu, McGuire, Mendoza, Mitchell, Monning, Moorlach, Morrell, Nguyen, Nielsen, Pan, Pavley, Roth, Runner, Stone, Vidak, Wieckowski, Wolk ASSEMBLY FLOOR: 78-0, 9/8/15 - See last page for vote SUBJECT: Public transit: prohibited conduct SOURCE: California Transit Association 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. SB 413 Page 2 Assembly Amendments reclassify the peddling of goods as a Tier 1 offense, require governing boards to pass an ordinance before adding failure to yield a seat to elderly or disabled persons to the list of offenses, and include chaptering amendments. ANALYSIS: Existing law: 1)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: a)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 transportation system has prohibited those acts. a)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 SB 413 Page 3 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 "unreasonably 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 if the governing board of the public transportation agency enacts an ordinance to that effect. Comments 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. 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 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. SB 413 Page 4 FISCAL EFFECT: Appropriation: No Fiscal Com.:YesLocal: Yes According to the Assembly Appropriations Committee, this bill has potential nonreimbursable costs to public transit operators for enforcement, offset to some extent by fine revenues. SUPPORT: (Verified9/8/15) California Transit Association (source) Free MUNI for Youth Coalition San Francisco Bay Area Rapid Transit District San Francisco Municipal Transportation Agency Santa Clara Valley Transportation Authority Solano County Transit OPPOSITION: (Verified9/8/15) Legal Services for Prisoners with Children Youth Law Center ASSEMBLY FLOOR: 78-0, 9/8/15 AYES: Achadjian, Alejo, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Atkins NO VOTE RECORDED: Travis Allen, Chávez SB 413 Page 5 Prepared by:Eric Thronson / T. & H. / (916) 651-4121 9/8/15 21:12:02 **** END ****