BILL ANALYSIS                                                                                                                                                                                                    Ó




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                                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.












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          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  








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                 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.








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          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








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          Prepared by:Eric Thronson / T. & H. / (916) 651-4121
          9/8/15 21:12:02


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