BILL ANALYSIS �
AB 716
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CONCURRENCE IN SENATE AMENDMENTS
AB 716 (Dickinson)
As Amended August 18, 2011
Majority vote
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|ASSEMBLY: |66-8 |(May 19, 2011) |SENATE: |38-0 |(August 30, |
| | | | | |2011) |
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Original Committee Reference: TRANS.
SUMMARY : Makes changes to the authorization conferred upon the
Sacramento Regional Transit District (RT) and the Fresno Area
Express (FAX) to implement transit security measures, such as
passenger exclusions or prohibition orders, to curb passenger
misconduct and reduce nuisance behavior in specified transit
facilities.
The Senate amendments :
1)Add the San Francisco Bay Area Rapid Transit District (BART)
to the bill's provisions, allowing BART to implement the
additional transit security measures currently allowed for
only RT and FAX. Extends the authorization to BART until
January 1, 2015.
2)Clarify the authorization for RT to designate RT personnel as
inspectors or supervisors to enforce the provisions of the
bill relative to prohibited acts on or in public
transportation systems or vehicles if the persons satisfy
specified training requirements.
3)Modify the requirements for membership on the advisory
committee to require at least one member with law enforcement
experience.
4)Make other necessary, conforming changes relative to
enforcement of exclusion and prohibition orders.
EXISTING LAW :
1)Authorizes RT or FAX to issue a prohibition order to any
person who, on at least three separate occasions within a
period of 60 consecutive days, is cited for an infraction
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committed in or on a vehicle, bus stop, or light rail station
of the transit district for any act that is a violation as
specified in statute.
2)Authorizes a prohibition order to be issued to a person
arrested or convicted for any misdemeanor or felony committed
in or on a vehicle, bus stop, or light rail station of RT or
FAX.
3)Prohibits a person subject to a prohibition order from
entering the property, facilities, or vehicles of RT or FAX
for a period of time deemed appropriate.
4)Specifies prohibition processes, notification procedures, and
hearing and appeals procedures.
5)Requires RT or FAX to establish an advisory committee and to
ensure that personnel charged with issuance and enforcement of
prohibition orders receive training as emphasized and as
recommended by the advisory committee. Tasks the advisory
committee with responsibilities as specified. Authorizes
existing advisory committees to be used if appropriate.
6)Establishes that a violation of a prohibition order is
punishable as an infraction. Expands the authorization of RT
to allow designated persons regularly employed by RT as
inspectors or supervisors whose duties include enforcement of
RT ordinances, to also make arrests for infractions.
7)Establishes RT to meet the present and future public
transportation needs of the Sacramento region. RT currently
operates 64 bus routes and 37.5 miles of light rail within a
418 square-mile service area. RT served over 31.5 million
passengers in fiscal year 2010. Its facilities include 48
light rail stations, 31 bus and light rail transfer centers,
and 18 park-and-ride lots. It also serves over 3,300 bus
stops throughout Sacramento County.
8)Not established in state law, FAX is operated by the City of
Fresno and provides 20 fixed-route bus lines serving the
greater Fresno metropolitan area. For fiscal year 2009, it
provided 18 million fixed-route and 234,000 demand-response
passenger trips within its service area.
AS PASSED BY THE ASSEMBLY , this bill was substantially similar
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to the version passed by the Senate.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, minor nonreimbursable costs to Sacramento and Fresno
Counties related to prosecution of misdemeanor violations,
offset to some extent by fine revenues.
COMMENTS : At a time when motor vehicle fuel prices are
escalating and reaching all-time highs on an almost daily basis,
people throughout the state are turning to alternative means of
transportation other than the personal vehicle. Public transit
is one such alternative mode of transportation that people are
using, resulting in increased transit ridership at all-time high
levels. In 2008, the Assembly Transportation Committee passed
legislation that was subsequently enacted that provided RT and
FAX another enforcement tool to provide safer public transit
rides. That legislation, SB 1561 (Steinberg) Chapter 528,
Statutes of 2008, allows the RT and FAX transit district
officers to keep unruly patrons from using the transit vehicles
and facilities by issuing prohibition orders, denying them entry
onto the vehicles or facilities. SB 1561 (Steinberg) also
requires an annual report by the two transit districts.
Summaries of the RT and FAX annual reports are as follows:
In its recent annual report, RT indicates that there have been
129 violations from October 1, 2009 to October 31, 2010. The
top three violations included:
1)Willfully disturbing others on or in a system facility or
vehicle by engaging in boisterous or unruly behavior (59%).
2)Urinating or defecating in a system facility, except in a
lavatory (17%).
3)Interfering with the operator of the transit vehicle and
impeding the safe boarding or alighting of passengers (12%).
None of these violations were by repeat offenders within the 60
day period. The annual report recommends that the law be
strengthened in three areas:
1)Increase the "look back" time period from 60 to 90 days in
which infractions can be considered allowing exclusions if the
violation is repeated on three occasions.
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2)Include fare violations as one of the elements for excludable
violations.
3)Establish a penalty for violating an exclusion order.
Similarly, in its annual report, FAX indicates that it "has
experienced an increase in unruly behavior, primarily a result
of drug/alcohol use. However, unruly behavior, including
assaults is increasing? The FAX Transit Security Committee
believes that the Legislature needs to put more teeth in the
law. The 60-day time period for three violations before
prohibition does not send a strong message to violators. The
Transit Security Committee believes 90 days would be more
appropriate and effective? The current exclusion law does not
impose a specific penalty on someone who has been excluded but
continues to board the buses. Many of the worst violators
receive prohibitions but scoff at the authority's inability to
enforce it. The Transit Security Committee would like to see a
reasonable fine imposed when prohibited riders continue to board
our services."
Author's intent of the bill: The author contends that "In
recent years, the Sacramento Regional Transit (RT) Board of
Directors and staff have received increasing numbers of
complaints from riders regarding the safety of RT vehicles,
parking lots and passenger waiting areas. By allowing
Sacramento Regional Transit and the Fresno Area Express to
exclude passengers cited for certain offenses these agencies
will be able to reduce passenger disruptions and improve overall
service. To encourage ridership and to reduce emissions
associated with daily commuting; potential passengers need to
feel that transit services are a safe alternative to driving."
Support: Writing in support of this bill, RT indicates that
"the authority for the program expires at the end of 2011 and AB
716 would extend that expiration date indefinitely to ensure the
continuation of our efforts to provide an improved public
transit environment and experience."
Analysis Prepared by : Ed Imai / TRANS. / (916) 319-2093
FN: 0002012
AB 716
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