SB 413: Public transit: prohibited conduct.
- Session Year: 2015-2016
- House: Senate
- Latest Version Date: 2015-10-10
Existing law makes it a crime, punishable as an infraction, for a person to commit certain acts on or in a facility or vehicle of a public transportation system, including disturbing another person by loud or unreasonable noise on the facilities, vehicles, or property of the public transportation system, in specified circumstances.
This bill would revise the unreasonable noise provision so that it would apply to a person failing to comply with the warning of a transit official related to disturbing another person by loud and unreasonable noise, and also to a person playing unreasonably loud sound equipment on or in a public transportation system facility or vehicle. The bill would also make it an infraction for a person on or in a facility or vehicle of a public transportation system to fail to yield seating reserved for an elderly or disabled person if the public transportation agency enacts an ordinance to that effect, after a public hearing.
The bill would also expand the definition of a facility or vehicle of a public transportation system for these purposes to include a facility or vehicle of a rail authority, whether owned or leased, as specified.
By expanding the definitions of existing crimes and creating new crimes, the bill would impose a state-mandated local program.
Existing law also authorizes a public transportation agency to adopt an ordinance to impose and enforce civil administrative penalties for certain passenger misconduct, other than by minors, on or in a transit facility or vehicle in lieu of the criminal penalties otherwise applicable, with specified administrative procedures for the imposition and enforcement of the administrative penalties, including an initial review and opportunity for a subsequent administrative hearing. This misconduct includes playing sound equipment on or in a system facility or vehicle. Existing law requires the ordinance to include the statutory provisions governing the administrative penalties.
This bill would apply these administrative penalties to a person failing to comply with the warning of a transit official related to disturbing another person by loud and unreasonable noise, to a person playing unreasonably loud sound equipment on or in a system facility or vehicle, and to a person failing to yield seating reserved for an elderly or disabled person. The bill would authorize the administrative penalties to be applied to minors and would delete the requirement for the ordinance to include the statutory provisions.
This bill would incorporate additional changes to Section 99580 of the Public Utilities Code, proposed by AB 869 and by AB 6 and SB 5 of the Second Extraordinary Session, that would become operative only if this bill and one or more of those bills are enacted and become effective on or before January 1, 2016, and this bill is enacted last.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law makes it a crime, punishable as an infraction, for a person to commit certain acts on or in a facility or vehicle of a public transportation system, including disturbing another person by loud or unreasonable noise on the facilities, vehicles, or property of the public transportation system, in specified circumstances.
This bill would revise the unreasonable noise provision so that it would apply to a person failing to comply with the warning of a transit official related to disturbing another person by loud and unreasonable noise, and also to a person playing unreasonably loud sound equipment on or in a public transportation system facility or vehicle. The bill would also make it an infraction for a person on or in a facility or vehicle of a public transportation system to fail to yield seating reserved for an elderly or disabled person if the public transportation agency enacts an ordinance to that effect, after a public hearing.
The bill would also expand the definition of a facility or vehicle of a public transportation system for these purposes to include a facility or vehicle of a rail authority, whether owned or leased, as specified.
By expanding the definitions of existing crimes and creating new crimes, the bill would impose a state-mandated local program.
Existing law also authorizes a public transportation agency to adopt an ordinance to impose and enforce civil administrative penalties for certain passenger misconduct, other than by minors, on or in a transit facility or vehicle in lieu of the criminal penalties otherwise applicable, with specified administrative procedures for the imposition and enforcement of the administrative penalties, including an initial review and opportunity for a subsequent administrative hearing. This misconduct includes playing sound equipment on or in a system facility or vehicle. Existing law requires the ordinance to include the statutory provisions governing the administrative penalties.
This bill would apply these administrative penalties to a person failing to comply with the warning of a transit official related to disturbing another person by loud and unreasonable noise, to a person playing unreasonably loud sound equipment on or in a system facility or vehicle, and to a person failing to yield seating reserved for an elderly or disabled person. The bill would authorize the administrative penalties to be applied to minors and would delete the requirement for the ordinance to include the statutory provisions.
This bill would incorporate additional changes to Section 99580 of the Public Utilities Code, proposed by AB 869 and by AB 6 and SB 5 of the Second Extraordinary Session, that would become operative only if this bill and one or more of those bills are enacted and become effective on or before January 1, 2016, and this bill is enacted last.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law makes it a crime, punishable as an infraction, for a person to commit certain acts on or in a facility or vehicle of a public transportation system, including disturbing another person by loud or unreasonable noise on the facilities, vehicles, or property of the public transportation system, in specified circumstances.
This bill would revise the unreasonable noise provision so that it would apply to a person failing to comply with the warning of a transit official related to disturbing another person by loud and unreasonable noise, and also to a person playing unreasonably loud sound equipment on or in a public transportation system facility or vehicle. The bill would also make it an infraction for a person on or in a facility or vehicle of a public transportation system to fail to yield seating reserved for an elderly or disabled person if the public transportation agency enacts an ordinance to that effect, after a public hearing.
The bill would also expand the definition of a facility or vehicle of a public transportation system for these purposes to include a facility or vehicle of a rail authority, whether owned or leased, as specified.
By expanding the definitions of existing crimes and creating new crimes, the bill would impose a state-mandated local program.
Existing law also authorizes a public transportation agency to adopt an ordinance to impose and enforce civil administrative penalties for certain passenger misconduct, other than by minors, on or in a transit facility or vehicle in lieu of the criminal penalties otherwise applicable, with specified administrative procedures for the imposition and enforcement of the administrative penalties, including an initial review and opportunity for a subsequent administrative hearing. This misconduct includes playing sound equipment on or in a system facility or vehicle. Existing law requires the ordinance to include the statutory provisions governing the administrative penalties.
This bill would apply these administrative penalties to a person failing to comply with the warning of a transit official related to disturbing another person by loud and unreasonable noise, to a person playing unreasonably loud sound equipment on or in a system facility or vehicle, and to a person failing to yield seating reserved for an elderly or disabled person. The bill would authorize the administrative penalties to be applied to minors and would delete the requirement for the ordinance to include the statutory provisions.
This bill would incorporate additional changes to Section 99580 of the Public Utilities Code, proposed by AB 869 and by AB 6 and SB 5 of the Second Extraordinary Session, that would become operative only if this bill and one or more of those bills are enacted and become effective on or before January 1, 2016, and this bill is enacted last.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law makes it a crime, punishable as an infraction, for a person to commit certain acts on or in a facility or vehicle of a public transportation system, including disturbing another person by loud or unreasonable noise on the facilities, vehicles, or property of the public transportation system, in specified circumstances.
This bill would revise the unreasonable noise provision so that it would apply to a person failing to comply with the warning of a transit official related to disturbing another person by loud and unreasonable noise, and also to a person playing unreasonably loud sound equipment on or in a public transportation system facility or vehicle. The bill would also make it an infraction for a person on or in a facility or vehicle of a public transportation system to fail to yield seating reserved for an elderly or disabled person if the public transportation agency enacts an ordinance to that effect, after a public hearing.
The bill would also expand the definition of a facility or vehicle of a public transportation system for these purposes to include a facility or vehicle of a rail authority, whether owned or leased, as specified.
By expanding the definitions of existing crimes and creating new crimes, the bill would impose a state-mandated local program.
Existing law also authorizes a public transportation agency to adopt an ordinance to impose and enforce civil administrative penalties for certain passenger misconduct, other than by minors, on or in a transit facility or vehicle in lieu of the criminal penalties otherwise applicable, with specified administrative procedures for the imposition and enforcement of the administrative penalties, including an initial review and opportunity for a subsequent administrative hearing. This misconduct includes playing sound equipment on or in a system facility or vehicle. Existing law requires the ordinance to include the statutory provisions governing the administrative penalties.
This bill would authorize apply these administrative penalties to also apply to a person failing to comply with the warning of a transit official related to disturbing another person by loud and unreasonable noise, to a person playing unreasonably loud sound equipment on or in a system facility or vehicle, and to a person failing to yield seating reserved for an elderly or disabled person. The bill would authorize the administrative penalties to be applied to minors and would delete the requirement for the ordinance to include the statutory provisions.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law makes it a crime, punishable as an infraction, for a person to commit certain acts on or in a facility or vehicle of a public transportation system, including disturbing another person by loud or unreasonable noise or selling or peddling any goods, merchandise, property, or services of any kind whatsoever on the facilities, vehicles, or property of the public transportation system, in specified circumstances.
This bill would revise the unreasonable noise provision so that it would apply to a person failing to comply with the warning of a transit official related to disturbing another person by loud and unreasonable noise, and also to a person playing sound equipment on or in a public transportation system facility or vehicle. The bill would also make it an infraction for a person on or in a facility or vehicle of a public transportation system to fail to yield seating reserved for an elderly or disabled person if the public transportation agency enacts an ordinance to that effect, after a public hearing. The bill would make a 3rd or subsequent violation of the prohibition against selling or peddling goods, merchandise, property, or services, as specified, punishable as a misdemeanor.
The bill would also expand the definition of a facility or vehicle of a public transportation system for these purposes to include a facility or vehicle of a rail authority, whether owned or leased, as specified.
By expanding the definitions of existing crimes and creating new crimes, the bill would impose a state-mandated local program.
Existing law also authorizes a public transportation agency to adopt an ordinance to impose and enforce civil administrative penalties for certain passenger misconduct, other than by minors, on or in a transit facility or vehicle in lieu of the criminal penalties otherwise applicable, with specified administrative procedures for the imposition and enforcement of the administrative penalties, including an initial review and opportunity for a subsequent administrative hearing. Existing law requires the ordinance to include the statutory provisions governing the administrative penalties.
This bill would authorize these administrative penalties to also apply to a person failing to comply with the warning of a transit official related to disturbing another person by loud and unreasonable noise, and to a person failing to yield seating reserved for an elderly or disabled person. The bill would authorize the administrative penalties to be applied to minors and would delete the requirement for the ordinance to include the statutory provisions.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law makes it a crime, punishable as an infraction or misdemeanor, as specified, infraction, for a person to commit certain acts on or in a facility or vehicle of a public transportation system, including disturbing another person by loud or unreasonable noise. noise or selling or peddling any goods, merchandise, property, or services of any kind whatsoever on the facilities, vehicles, or property of the public transportation system, in specified circumstances.
This bill would restate this revise the unreasonable noise provision so that it would apply to a person failing to comply with the warning of a transit official related to disturbing another person by loud and unreasonable noise, and also to a person playing sound equipment on or in a public transportation system facility or vehicle. By revising the definition of a crime, the bill would thereby impose a state-mandated local program. The bill would also make it an infraction for a person on or in a facility or vehicle of a public transportation system to fail to yield seating reserved for an elderly or disabled person. The bill would make a 3rd or subsequent violation of the prohibition against selling or peddling goods, merchandise, property, or services, as specified, punishable as a misdemeanor.
The bill would also expand the definition of a facility or vehicle of a public transportation system for these purposes to include a facility or vehicle of a rail authority, whether owned or leased, as specified.
By expanding the definitions of existing crimes and creating new crimes, the bill would impose a state-mandated local program.
Existing law also authorizes a public transportation agency to adopt an ordinance to impose and enforce civil administrative penalties for certain passenger misconduct, other than by minors, on or in a transit facility or vehicle in lieu of the criminal penalties otherwise applicable, with specified administrative procedures for the imposition and enforcement of the administrative penalties, including an initial review and opportunity for a subsequent administrative hearing. Existing law requires the ordinance to include the statutory provisions governing the administrative penalties.
This bill would authorize these administrative penalties to also apply to a person failing to comply with the warning of a transit official related to disturbing another person by loud and unreasonable noise, and to a person failing to yield seating reserved for an elderly or disabled person. The bill would authorize the administrative penalties to be applied to minors and would delete the requirement for the ordinance to include the statutory provisions.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law makes it a crime, punishable as an infraction or misdemeanor, as specified, for person to commit certain acts on or in a facility or vehicle of a public transportation system, including disturbing another person by loud or unreasonable noise.
This bill would restate this provision so that it would apply to a person failing to comply with the warning of a transit official related to disturbing another person by loud and unreasonable noise, and also to a person playing sound equipment on or in a public transportation system facility or vehicle. By revising the definition of a crime, the bill would thereby impose a state-mandated local program.
Existing law also authorizes a public transportation agency to adopt an ordinance to impose and enforce civil administrative penalties for certain passenger misconduct, other than by minors, on or in a transit facility or vehicle in lieu of the criminal penalties otherwise applicable, with specified administrative procedures for the imposition and enforcement of the administrative penalties, including an initial review and opportunity for a subsequent administrative hearing. Existing law requires the ordinance to include the statutory provisions governing the administrative penalties.
This bill would authorize these administrative penalties to also apply to a person failing to comply with the warning of a transit official related to disturbing another person by loud and unreasonable noise, and to a person failing to yield seating reserved for an elderly or disabled person. The bill would authorize the administrative penalties to be applied to minors and would delete the requirement for the ordinance to include the statutory provisions.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
(a)(1)Any of the acts described in paragraphs (1) to (6), inclusive, of subdivision (b) is an infraction punishable by a fine not to exceed two hundred fifty dollars ($250) and by community service for a total time not to exceed 48 hours over a period not to exceed 30 days, during a time other than during the violators hours of school attendance or employment. Any of the acts described in paragraphs (1) to (3), inclusive, of subdivision (c), upon a first or second violation, is an infraction punishable by a fine not to exceed two hundred fifty dollars ($250) and by community service for a total time not to exceed 48 hours over a period not to exceed 30 days, during a time other than during the violators hours of school attendance or employment. A third or subsequent violation of any of the acts described in paragraphs (1) to (3), inclusive, of subdivision (c) is a misdemeanor punishable by a fine of not more than four hundred dollars ($400) or by imprisonment in a county jail for a period of not more than 90 days, or by both that fine and imprisonment. Any of the acts described in subdivision (d) shall be punishable by a fine of not more than four hundred dollars ($400), by imprisonment in a county jail for a period of not more than 90 days, or by both that fine and imprisonment.
(2)This section shall apply only to acts committed on or in a facility or vehicle of a public transportation system.
(b)(1)Eating or drinking in or on a system facility or vehicle in areas where those activities are prohibited by that system.
(2)Playing unreasonably loud sound equipment on or in a system facility or vehicle, or failing to comply with the warning of a transit official related to disturbing another person by loud or unreasonable noise.
(3)Smoking in or on a system facility or vehicle in areas where those activities are prohibited by that system.
(4)Expectorating upon a system facility or vehicle.
(5)Skateboarding, roller skating, bicycle riding, roller blading, or operating a motorized scooter or similar device, as defined in Section 407.5 of the Vehicle Code in a system facility, vehicle, or parking structure. This paragraph does not apply to an activity that is necessary for utilization of the transit facility by a bicyclist, including, but not limited to, an activity that is necessary for parking a bicycle or transporting a bicycle aboard a transit vehicle, if that activity is conducted with the permission of the transit agency in a manner that does not interfere with the safety of the bicyclist or other patrons of the transit facility.
(6)Selling or peddling any goods, merchandise, property, or services of any kind whatsoever on the facilities, vehicles, or property of the public transportation system, if the public transportation system has prohibited those acts and neither the public transportation system nor its duly authorized representatives have granted written consent to engage in those acts.
(c)(1)Evasion of the payment of a fare of the system. For purposes of this section, fare evasion includes entering an enclosed area of a public transit facility beyond posted signs prohibiting entrance without obtaining valid fare, in addition to entering a transit vehicle without valid fare.
(2)Misuse of a transfer, pass, ticket, or token with the intent to evade the payment of a fare.
(3)(A)Unauthorized use of a discount ticket or failure to present, upon request from a transit system representative, acceptable proof of eligibility to use a discount ticket, in accordance with Section 99155 of the Public Utilities Code and posted system identification policies when entering or exiting a transit station or vehicle. Acceptable proof of eligibility must be clearly defined in the posting.
(B)If an eligible discount ticket user is not in possession of acceptable proof at the time of request, any citation issued shall be held for a period of 72 hours to allow the user to produce acceptable proof. If the proof is provided, the citation shall be voided. If the proof is not produced within that time period, the citation shall be processed.
(d)(1)Willfully disturbing others on or in a system facility or vehicle by engaging in boisterous or unruly behavior.
(2)Carrying an explosive, acid, or flammable liquid in a public transit facility or vehicle.
(3)Urinating or defecating in a system facility or vehicle, except in a lavatory. However, this paragraph shall not apply to a person who cannot comply with this paragraph as a result of a disability, age, or a medical condition.
(4)Willfully blocking the free movement of another person in a system facility or vehicle. This paragraph shall not be interpreted to affect any lawful activities permitted or First Amendment rights protected under the laws of this state or applicable federal law, including, but not limited to, laws related to collective bargaining, labor relations, or labor disputes.
(5)Willfully tampering with, removing, displacing, injuring, or destroying any part of any facility or vehicle of a public transportation system.
(e)Notwithstanding subdivision (a), a public transportation agency, as defined in paragraph (4) of subdivision (c) of Section 99580 of the Public Utilities Code, may do either of the following:
(1)Enact and enforce an ordinance providing that a person who is the subject of a citation for any of the acts described in subdivision (b) of Section 99580 of the Public Utilities Code on or in a facility or vehicle described in subdivision (a) for which the public transportation agency has jurisdiction shall, under the circumstances set forth by the ordinance, be afforded an opportunity to complete an administrative process that imposes only an administrative penalty enforced in a civil proceeding. The ordinance for imposing and enforcing the administrative penalty shall be governed by Chapter 8 (commencing with Section 99580) of Part 11 of Division 10 of the Public Utilities Code.
(2)Enforce as an infraction pursuant to subdivision (b) the act of failing to yield seating reserved for an elderly or disabled person in a facility or vehicle for which the public transportation agency has jurisdiction, provided that the governing board of the public transportation agency enacts an ordinance to that effect after a public hearing on the issue.
(f)For purposes of this section, a facility or vehicle of a public transportation system means any of the following:
(1)A facility or vehicle of a public transportation system as defined by Section 99211 of the Public Utilities Code.
(2)A facility of, or vehicle operated by any entity subsidized by, the Department of Transportation.
(3)A facility or vehicle of a rail authority, whether owned or leased, including, but not limited to, any part of a railroad, or track of a railroad, or any branch or branchway, switch, turnout, bridge, viaduct, culvert, embankment, station house, or other structure or fixture, or any part thereof, attached or connected to a railroad.
(4)A leased or rented facility or vehicle for which any of the entities described in paragraph (1), (2), or (3) incurs costs of cleanup, repair, or replacement as a result of any of those acts.
SEC. 2.Section 99580 of the Public Utilities Code is amended to read:99580.(a)Pursuant to subdivision (e) of Section 640 of the Penal Code, a public transportation agency may enact and enforce an ordinance to impose and enforce an administrative penalty for any of the acts described in subdivision (b).
(b)(1)Evasion of the payment of a fare of the system.
(2)Misuse of a transfer, pass, ticket, or token with the intent to evade the payment of a fare.
(3)Playing unreasonably loud sound equipment on or in a system facility or vehicle, or failing to comply with the warning of a transit official related to disturbing another person by loud or unreasonable noise.
(4)Smoking, eating, or drinking in or on a system facility or vehicle in those areas where those activities are prohibited by that system.
(5)Expectorating upon a system facility or vehicle.
(6)Willfully disturbing others on or in a system facility or vehicle by engaging in boisterous or unruly behavior.
(7)Carrying an explosive or acid, flammable liquid, or toxic or hazardous material in a system facility or vehicle.
(8)Urinating or defecating in a system facility or vehicle, except in a lavatory. However, this paragraph shall not apply to a person who cannot comply with this paragraph as a result of a disability, age, or a medical condition.
(9)(A)Willfully blocking the free movement of another person in a system facility or vehicle.
(B)This paragraph shall not be interpreted to affect any lawful activities permitted or First Amendment rights protected under the laws of this state or applicable federal law, including, but not limited to, laws related to collective bargaining, labor relations, or labor disputes.
(10)Skateboarding, roller skating, bicycle riding, or roller blading in a system facility, including a parking structure, or in a system vehicle. This paragraph does not apply to an activity that is necessary for utilization of a system facility by a bicyclist, including, but not limited to, an activity that is necessary for parking a bicycle or transporting a bicycle aboard a system vehicle, if that activity is conducted with the permission of the agency of the system in a manner that does not interfere with the safety of the bicyclist or other patrons of the system facility.
(11)(A)Unauthorized use of a discount ticket or failure to present, upon request from a system representative, acceptable proof of eligibility to use a discount ticket, in accordance with Section 99155, and posted system identification policies when entering or exiting a system station or vehicle. Acceptable proof of eligibility must be clearly defined in the posting.
(B)If an eligible discount ticket user is not in possession of acceptable proof at the time of request, an issued notice of fare evasion or passenger conduct violation shall be held for a period of 72 hours to allow the user to produce acceptable proof. If the proof is provided, that notice shall be voided. If the proof is not produced within that time period, that notice shall be processed.
(12)Selling or peddling any goods, merchandise, property, or services of any kind whatsoever on the facilities, vehicles, or property of the public transportation system without the express written consent of the public transportation system or its duly authorized representatives.
(13)Failing to yield seating reserved for an elderly or disabled person.
(c)(1)The public transportation agency may contract with a private vendor or governmental agency for the processing of notices of fare evasion or passenger conduct violation, and notices of delinquent fare evasion or passenger conduct violation pursuant to Section 99581.
(2)For the purpose of this chapter, processing agency means either of the following:
(A)The agency issuing the notice of fare evasion or passenger conduct violation and the notice of delinquent fare evasion or passenger conduct violation.
(B)The party responsible for processing the notice of fare evasion or passenger conduct violation and the notice of delinquent violation, if a contract is entered into pursuant to paragraph (1).
(3)For the purpose of this chapter, fare evasion or passenger conduct violation penalty includes, but is not limited to, a late payment penalty, administrative fee, fine, assessment, and costs of collection as provided for in the ordinance.
(4)For the purpose of this chapter, public transportation agency shall mean a public agency that provides public transportation as defined in paragraph (1) of subdivision (f) of Section 1 of Article XIXA of the California Constitution.
(5)All fare evasion and passenger conduct violation penalties collected pursuant to this chapter shall be deposited in the general fund of the county in which the citation is administered.
(d)(1)If a fare evasion or passenger conduct violation is observed by a person authorized to enforce the ordinance, a notice of fare evasion or passenger conduct violation shall be issued. The notice shall set forth the violation, including reference to the ordinance setting forth the administrative penalty, the date of the violation, the approximate time, and the location where the violation occurred. The notice shall include a printed statement indicating the date payment is required to be made, and the procedure for contesting the notice. The notice shall be served by personal service upon the violator. The notice, or copy of the notice, shall be considered a record kept in the ordinary course of business of the issuing agency and the processing agency, and shall be prima facie evidence of the facts contained in the notice establishing a rebuttable presumption affecting the burden of producing evidence.
(2)When a notice of fare evasion or passenger conduct violation has been served, the person issuing the notice shall file the notice with the processing agency.
(3)If, after a notice of fare evasion or passenger conduct violation is issued pursuant to this section, the issuing officer determines that there is incorrect data on the notice, including, but not limited to, the date or time, the issuing officer may indicate in writing on a form attached to the original notice the necessary correction to allow for the timely entry of the corrected notice on the processing agencys data system. A copy of the correction shall be mailed to the address provided by the person cited at the time the original notice of fare evasion or passenger conduct violation was served.
(4)If a person contests a notice of fare evasion or passenger conduct violation, the issuing agency shall proceed in accordance with Section 99581.
(e)In setting the amounts of administrative penalties for the violations listed in subdivision (b), the public transportation agency shall not establish penalty amounts that exceed the maximum fine amount set forth in Section 640 of the Penal Code.
(f)A person who receives a notice of fare evasion or passenger conduct violation pursuant to this section shall not be subject to citation for a violation of Section 640 of the Penal Code.
(g)If an entity enacts an ordinance pursuant to this section it shall, both two years and five years after enactment of the ordinance, report all of the following information to the Senate Committee on Transportation and Housing and the Assembly Committee on Transportation:
(1)A description of the ordinance, including the circumstances under which an alleged violator is afforded the opportunity to complete the administrative process.
(2)The amount of the administrative penalties.
(3)The number and types of citations administered pursuant to the ordinance.
(4)To the extent available, a comparison of the number and types of citations administered pursuant to the ordinance with the number and types of citations issued for similar offenses and administered through the courts both in the two years prior to the ordinance and, if any, since enactment of the ordinance.
(5)A discussion of the effect of the ordinance on passenger behavior.
(6)A discussion of the effect of the ordinance on revenues to the entity described in subdivision (a) and, in consultation with the superior courts, the cost savings to the county courts. The superior courts are encouraged to collaborate on and provide data for this report.
SEC. 2.3.Section 99580 of the Public Utilities Code is amended to read:99580.(a)Pursuant to subdivision (e) of Section 640 of the Penal Code, a public transportation agency may enact and enforce an ordinance to impose and enforce an administrative penalty for any of the acts described in subdivision (b).
(b)(1)Evasion of the payment of a fare of the system.
(2)Misuse of a transfer, pass, ticket, or token with the intent to evade the payment of a fare.
(3)Playing unreasonably loud sound equipment on or in a system facility or vehicle, or failing to comply with the warning of a transit official related to disturbing another person by loud or unreasonable noise.
(4)Smoking, eating, or drinking in or on a system facility or vehicle in those areas where those activities are prohibited by that system.
(5)Expectorating upon a system facility or vehicle.
(6)Willfully disturbing others on or in a system facility or vehicle by engaging in boisterous or unruly behavior.
(7)Carrying an explosive or acid, flammable liquid, or toxic or hazardous material in a system facility or vehicle.
(8)Urinating or defecating in a system facility or vehicle, except in a lavatory. However, this paragraph shall not apply to a person who cannot comply with this paragraph as a result of a disability, age, or a medical condition.
(9)(A)Willfully blocking the free movement of another person in a system facility or vehicle.
(B)This paragraph shall not be interpreted to affect any lawful activities permitted or First Amendment rights protected under the laws of this state or applicable federal law, including, but not limited to, laws related to collective bargaining, labor relations, or labor disputes.
(10)Skateboarding, roller skating, bicycle riding, or roller blading in a system facility, including a parking structure, or in a system vehicle. This paragraph does not apply to an activity that is necessary for utilization of a system facility by a bicyclist, including, but not limited to, an activity that is necessary for parking a bicycle or transporting a bicycle aboard a system vehicle, if that activity is conducted with the permission of the agency of the system in a manner that does not interfere with the safety of the bicyclist or other patrons of the system facility.
(11)(A)Unauthorized use of a discount ticket or failure to present, upon request from a system representative, acceptable proof of eligibility to use a discount ticket, in accordance with Section 99155, and posted system identification policies when entering or exiting a system station or vehicle. Acceptable proof of eligibility must be clearly defined in the posting.
(B) If an eligible discount ticket user is not in possession of acceptable proof at the time of request, an issued notice of fare evasion or passenger conduct violation shall be held for a period of 72 hours to allow the user to produce acceptable proof. If the proof is provided, that notice shall be voided. If the proof is not produced within that time period, that notice shall be processed.
(12) Selling or peddling any goods, merchandise, property, or services of any kind whatsoever on the facilities, vehicles, or property of the public transportation system without the express written consent of the public transportation system or its duly authorized representatives.
(13)Failing to yield seating reserved for an elderly or disabled person.
(c)(1)The public transportation agency may contract with a private vendor or governmental agency for the processing of notices of fare evasion or passenger conduct violation, and notices of delinquent fare evasion or passenger conduct violation pursuant to Section 99581.
(2)For the purpose of this chapter, processing agency means either of the following:
(A)The agency issuing the notice of fare evasion or passenger conduct violation and the notice of delinquent fare evasion or passenger conduct violation.
(B)The party responsible for processing the notice of fare evasion or passenger conduct violation and the notice of delinquent violation, if a contract is entered into pursuant to paragraph (1).
(3)For the purpose of this chapter, fare evasion or passenger conduct violation penalty includes, but is not limited to, a late payment penalty, administrative fee, fine, assessment, and costs of collection as provided for in the ordinance.
(4)For the purpose of this chapter, public transportation agency shall mean a public agency that provides public transportation as defined in paragraph (1) of subdivision (f) of Section 1 of Article XIXA of the California Constitution.
(5)All fare evasion and passenger conduct violation penalties collected pursuant to this chapter shall be deposited in the general fund of the county in which the citation is administered.
(d)(1)If a fare evasion or passenger conduct violation is observed by a person authorized to enforce the ordinance, a notice of fare evasion or passenger conduct violation shall be issued. The notice shall set forth all of the following:
(A)The violation, including reference to the ordinance setting forth the administrative penalty.
(B)The date and approximate time of the violation, and the location where the violation occurred.
(C)A printed statement indicating the date payment is required to be made.
(D)The procedure for contesting the notice.
(E)A printed statement that the person may be charged with an infraction or misdemeanor pursuant to Section 640 of the Penal Code if the administrative penalty is not paid when due or dismissed pursuant to the procedure for contesting the notice.
(2)The notice shall be served by personal service upon the violator. The notice, or copy of the notice, shall be considered a record kept in the ordinary course of business of the issuing agency and the processing agency, and shall be prima facie evidence of the facts contained in the notice establishing a rebuttable presumption affecting the burden of producing evidence.
(3)When a notice of fare evasion or passenger conduct violation has been served, the person issuing the notice shall file the notice with the processing agency.
(4)If, after a notice of fare evasion or passenger conduct violation is issued pursuant to this section, the issuing officer determines that there is incorrect data on the notice, including, but not limited to, the date or time, the issuing officer may indicate in writing on a form attached to the original notice the necessary correction to allow for the timely entry of the corrected notice on the processing agencys data system. A copy of the correction shall be mailed to the address provided by the person cited at the time the original notice of fare evasion or passenger conduct violation was served.
(5)If a person contests a notice of fare evasion or passenger conduct violation, the issuing agency shall proceed in accordance with Section 99581.
(e)In setting the amounts of administrative penalties for the violations listed in subdivision (b), the public transportation agency shall not establish penalty amounts that exceed the maximum fine amount set forth in Section 640 of the Penal Code.
(f)(1)A person who receives a notice of fare evasion or passenger conduct violation pursuant to this section shall not be subject to citation for a violation of Section 640 of the Penal Code, if the person pays the administrative penalty when due or successfully completes the civil administrative process pursuant to this chapter.
(2)A person who fails to pay the administrative penalty when due or successfully complete the civil administrative process pursuant to this chapter may be charged with an infraction or misdemeanor pursuant to Section 640 of the Penal Code.
(3)If a person is charged with an infraction or misdemeanor pursuant to Section 640 of the Penal Code, after failing to pay the administrative penalty or successfully complete the civil administrative process pursuant to this chapter, the processing agency shall dismiss the original notice of fare evasion or passenger conduct violation and make no further attempts to collect the administrative penalty.
(4)A person who is charged with an infraction or misdemeanor pursuant to Section 640 of the Penal Code, after failing to pay the administrative penalty or successfully complete the civil administrative process pursuant to this chapter, shall be personally served by the processing agency with a new notice of fare evasion or passenger conduct violation that sets forth the violation under Section 640 of the Penal Code.
(g)If an entity enacts an ordinance pursuant to this section it shall, both two years and five years after enactment of the ordinance, report all of the following information to the Senate Committee on Transportation and Housing and the Assembly Committee on Transportation:
(1)A description of the ordinance, including the circumstances under which an alleged violator is afforded the opportunity to complete the administrative process.
(2)The amount of the administrative penalties.
(3)The number and types of citations administered pursuant to the ordinance.
(4)To the extent available, a comparison of the number and types of citations administered pursuant to the ordinance with the number and types of citations issued for similar offenses and administered through the courts both in the two years prior to the ordinance and, if any, since enactment of the ordinance.
(5)A discussion of the effect of the ordinance on passenger behavior.
(6)A discussion of the effect of the ordinance on revenues to the entity described in subdivision (a) and, in consultation with the superior courts, the cost savings to the county courts. The superior courts are encouraged to collaborate on and provide data for this report.
SEC. 2.5.Section 99580 of the Public Utilities Code is amended to read:99580.(a)Pursuant to subdivision (e) of Section 640 of the Penal Code, a public transportation agency may enact and enforce an ordinance to impose and enforce an administrative penalty for any of the acts described in subdivision (b).
(b)(1)Evasion of the payment of a fare of the system.
(2)Misuse of a transfer, pass, ticket, or token with the intent to evade the payment of a fare.
(3)Playing unreasonably loud sound equipment on or in a system facility or vehicle, or failing to comply with the warning of a transit official related to disturbing another person by loud or unreasonable noise.
(4) Smoking a tobacco product, eating, or drinking in or on a system facility or vehicle in those areas where those activities are prohibited by that system.
(5)Expectorating upon a system facility or vehicle.
(6)Willfully disturbing others on or in a system facility or vehicle by engaging in boisterous or unruly behavior.
(7)Carrying an explosive or acid, flammable liquid, or toxic or hazardous material in a system facility or vehicle.
(8)Urinating or defecating in a system facility or vehicle, except in a lavatory. However, this paragraph shall not apply to a person who cannot comply with this paragraph as a result of a disability, age, or a medical condition.
(9)(A)Willfully blocking the free movement of another person in a system facility or vehicle.
(B)This paragraph shall not be interpreted to affect any lawful activities permitted or First Amendment rights protected under the laws of this state or applicable federal law, including, but not limited to, laws related to collective bargaining, labor relations, or labor disputes.
(10)Skateboarding, roller skating, bicycle riding, or roller blading in a system facility, including a parking structure, or in a system vehicle. This paragraph does not apply to an activity that is necessary for utilization of a system facility by a bicyclist, including, but not limited to, an activity that is necessary for parking a bicycle or transporting a bicycle aboard a system vehicle, if that activity is conducted with the permission of the agency of the system in a manner that does not interfere with the safety of the bicyclist or other patrons of the system facility.
(11)(A)Unauthorized use of a discount ticket or failure to present, upon request from a system representative, acceptable proof of eligibility to use a discount ticket, in accordance with Section 99155, and posted system identification policies when entering or exiting a system station or vehicle. Acceptable proof of eligibility must be clearly defined in the posting.
(B) If an eligible discount ticket user is not in possession of acceptable proof at the time of request, an issued notice of fare evasion or passenger conduct violation shall be held for a period of 72 hours to allow the user to produce acceptable proof. If the proof is provided, that notice shall be voided. If the proof is not produced within that time period, that notice shall be processed.
(12) Selling or peddling any goods, merchandise, property, or services of any kind whatsoever on the facilities, vehicles, or property of the public transportation system without the express written consent of the public transportation system or its duly authorized representatives.
(13)Failing to yield seating reserved for an elderly or disabled person.
(c)(1)The public transportation agency may contract with a private vendor or governmental agency for the processing of notices of fare evasion or passenger conduct violation, and notices of delinquent fare evasion or passenger conduct violation pursuant to Section 99581.
(2)For the purpose of this chapter, processing agency means either of the following:
(A)The agency issuing the notice of fare evasion or passenger conduct violation and the notice of delinquent fare evasion or passenger conduct violation.
(B)The party responsible for processing the notice of fare evasion or passenger conduct violation and the notice of delinquent violation, if a contract is entered into pursuant to paragraph (1).
(3)For the purpose of this chapter, fare evasion or passenger conduct violation penalty includes, but is not limited to, a late payment penalty, administrative fee, fine, assessment, and costs of collection as provided for in the ordinance.
(4)For the purpose of this chapter, public transportation agency shall mean a public agency that provides public transportation as defined in paragraph (1) of subdivision (f) of Section 1 of Article XIXA of the California Constitution.
(5)All fare evasion and passenger conduct violation penalties collected pursuant to this chapter shall be deposited in the general fund of the county in which the citation is administered.
(d)(1)If a fare evasion or passenger conduct violation is observed by a person authorized to enforce the ordinance, a notice of fare evasion or passenger conduct violation shall be issued. The notice shall set forth the violation, including reference to the ordinance setting forth the administrative penalty, the date of the violation, the approximate time, and the location where the violation occurred. The notice shall include a printed statement indicating the date payment is required to be made, and the procedure for contesting the notice. The notice shall be served by personal service upon the violator. The notice, or copy of the notice, shall be considered a record kept in the ordinary course of business of the issuing agency and the processing agency, and shall be prima facie evidence of the facts contained in the notice establishing a rebuttable presumption affecting the burden of producing evidence.
(2)When a notice of fare evasion or passenger conduct violation has been served, the person issuing the notice shall file the notice with the processing agency.
(3)If, after a notice of fare evasion or passenger conduct violation is issued pursuant to this section, the issuing officer determines that there is incorrect data on the notice, including, but not limited to, the date or time, the issuing officer may indicate in writing on a form attached to the original notice the necessary correction to allow for the timely entry of the corrected notice on the processing agencys data system. A copy of the correction shall be mailed to the address provided by the person cited at the time the original notice of fare evasion or passenger conduct violation was served.
(4)If a person contests a notice of fare evasion or passenger conduct violation, the issuing agency shall proceed in accordance with Section 99581.
(e)In setting the amounts of administrative penalties for the violations listed in subdivision (b), the public transportation agency shall not establish penalty amounts that exceed the maximum fine amount set forth in Section 640 of the Penal Code.
(f)A person who receives a notice of fare evasion or passenger conduct violation pursuant to this section shall not be subject to citation for a violation of Section 640 of the Penal Code.
(g)If an entity enacts an ordinance pursuant to this section it shall, both two years and five years after enactment of the ordinance, report all of the following information to the Senate Committee on Transportation and Housing and the Assembly Committee on Transportation:
(1)A description of the ordinance, including the circumstances under which an alleged violator is afforded the opportunity to complete the administrative process.
(2)The amount of the administrative penalties.
(3)The number and types of citations administered pursuant to the ordinance.
(4)To the extent available, a comparison of the number and types of citations administered pursuant to the ordinance with the number and types of citations issued for similar offenses and administered through the courts both in the two years prior to the ordinance and, if any, since enactment of the ordinance.
(5)A discussion of the effect of the ordinance on passenger behavior.
(6)A discussion of the effect of the ordinance on revenues to the entity described in subdivision (a) and, in consultation with the superior courts, the cost savings to the county courts. The superior courts are encouraged to collaborate on and provide data for this report.
(h)For purposes of this section, smoking has the meaning of the definition in subdivision (c) of Section 22950.5 of the Business and Professions Code.
(i)For purposes of this section, tobacco product means a product or device as defined in subdivision (d) of Section 22950.5 of the Business and Professions Code.
SEC. 2.7.Section 99580 of the Public Utilities Code is amended to read:99580.(a)Pursuant to subdivision (e) of Section 640 of the Penal Code, a public transportation agency may enact and enforce an ordinance to impose and enforce an administrative penalty for any of the acts described in subdivision (b).
(b)(1)Evasion of the payment of a fare of the system.
(2)Misuse of a transfer, pass, ticket, or token with the intent to evade the payment of a fare.
(3)Playing unreasonably loud sound equipment on or in a system facility or vehicle, or failing to comply with the warning of a transit official related to disturbing another person by loud or unreasonable noise.
(4) Smoking a tobacco product, eating, or drinking in or on a system facility or vehicle in those areas where those activities are prohibited by that system.
(5)Expectorating upon a system facility or vehicle.
(6)Willfully disturbing others on or in a system facility or vehicle by engaging in boisterous or unruly behavior.
(7)Carrying an explosive or acid, flammable liquid, or toxic or hazardous material in a system facility or vehicle.
(8)Urinating or defecating in a system facility or vehicle, except in a lavatory. However, this paragraph shall not apply to a person who cannot comply with this paragraph as a result of a disability, age, or a medical condition.
(9)(A)Willfully blocking the free movement of another person in a system facility or vehicle.
(B)This paragraph shall not be interpreted to affect any lawful activities permitted or First Amendment rights protected under the laws of this state or applicable federal law, including, but not limited to, laws related to collective bargaining, labor relations, or labor disputes.
(10)Skateboarding, roller skating, bicycle riding, or roller blading in a system facility, including a parking structure, or in a system vehicle. This paragraph does not apply to an activity that is necessary for utilization of a system facility by a bicyclist, including, but not limited to, an activity that is necessary for parking a bicycle or transporting a bicycle aboard a system vehicle, if that activity is conducted with the permission of the agency of the system in a manner that does not interfere with the safety of the bicyclist or other patrons of the system facility.
(11)(A)Unauthorized use of a discount ticket or failure to present, upon request from a system representative, acceptable proof of eligibility to use a discount ticket, in accordance with Section 99155, and posted system identification policies when entering or exiting a system station or vehicle. Acceptable proof of eligibility must be clearly defined in the posting.
(B) If an eligible discount ticket user is not in possession of acceptable proof at the time of request, an issued notice of fare evasion or passenger conduct violation shall be held for a period of 72 hours to allow the user to produce acceptable proof. If the proof is provided, that notice shall be voided. If the proof is not produced within that time period, that notice shall be processed.
(12) Selling or peddling any goods, merchandise, property, or services of any kind whatsoever on the facilities, vehicles, or property of the public transportation system without the express written consent of the public transportation system or its duly authorized representatives.
(13)Failing to yield seating reserved for an elderly or disabled person.
(c)(1)The public transportation agency may contract with a private vendor or governmental agency for the processing of notices of fare evasion or passenger conduct violation, and notices of delinquent fare evasion or passenger conduct violation pursuant to Section 99581.
(2)For the purpose of this chapter, processing agency means either of the following:
(A)The agency issuing the notice of fare evasion or passenger conduct violation and the notice of delinquent fare evasion or passenger conduct violation.
(B)The party responsible for processing the notice of fare evasion or passenger conduct violation and the notice of delinquent violation, if a contract is entered into pursuant to paragraph (1).
(3)For the purpose of this chapter, fare evasion or passenger conduct violation penalty includes, but is not limited to, a late payment penalty, administrative fee, fine, assessment, and costs of collection as provided for in the ordinance.
(4)For the purpose of this chapter, public transportation agency shall mean a public agency that provides public transportation as defined in paragraph (1) of subdivision (f) of Section 1 of Article XIXA of the California Constitution.
(5)All fare evasion and passenger conduct violation penalties collected pursuant to this chapter shall be deposited in the general fund of the county in which the citation is administered.
(d)(1)If a fare evasion or passenger conduct violation is observed by a person authorized to enforce the ordinance, a notice of fare evasion or passenger conduct violation shall be issued. The notice shall set forth all of the following:
(A)The violation, including reference to the ordinance setting forth the administrative penalty.
(B)The date and approximate time of the violation, and the location where the violation occurred.
(C)A printed statement indicating the date payment is required to be made.
(D)The procedure for contesting the notice.
(E)A printed statement that the person may be charged with an infraction or misdemeanor pursuant to Section 640 of the Penal Code if the administrative penalty is not paid when due or dismissed pursuant to the procedure for contesting the notice.
(2)The notice shall be served by personal service upon the violator. The notice, or copy of the notice, shall be considered a record kept in the ordinary course of business of the issuing agency and the processing agency, and shall be prima facie evidence of the facts contained in the notice establishing a rebuttable presumption affecting the burden of producing evidence.
(3)When a notice of fare evasion or passenger conduct violation has been served, the person issuing the notice shall file the notice with the processing agency.
(4)If, after a notice of fare evasion or passenger conduct violation is issued pursuant to this section, the issuing officer determines that there is incorrect data on the notice, including, but not limited to, the date or time, the issuing officer may indicate in writing on a form attached to the original notice the necessary correction to allow for the timely entry of the corrected notice on the processing agencys data system. A copy of the correction shall be mailed to the address provided by the person cited at the time the original notice of fare evasion or passenger conduct violation was served.
(5)If a person contests a notice of fare evasion or passenger conduct violation, the issuing agency shall proceed in accordance with Section 99581.
(e)In setting the amounts of administrative penalties for the violations listed in subdivision (b), the public transportation agency shall not establish penalty amounts that exceed the maximum fine amount set forth in Section 640 of the Penal Code.
(f)(1)A person who receives a notice of fare evasion or passenger conduct violation pursuant to this section shall not be subject to citation for a violation of Section 640 of the Penal Code, if the person pays the administrative penalty when due or successfully completes the civil administrative process pursuant to this chapter.
(2)A person who fails to pay the administrative penalty when due or successfully complete the civil administrative process pursuant to this chapter may be charged with an infraction or misdemeanor pursuant to Section 640 of the Penal Code.
(3)If a person is charged with an infraction or misdemeanor pursuant to Section 640 of the Penal Code, after failing to pay the administrative penalty or successfully complete the civil administrative process pursuant to this chapter, the processing agency shall dismiss the original notice of fare evasion or passenger conduct violation and make no further attempts to collect the administrative penalty.
(4)A person who is charged with an infraction or misdemeanor pursuant to Section 640 of the Penal Code, after failing to pay the administrative penalty or successfully complete the civil administrative process pursuant to this chapter, shall be personally served by the processing agency with a new notice of fare evasion or passenger conduct violation that sets forth the violation under Section 640 of the Penal Code.
(g)If an entity enacts an ordinance pursuant to this section it shall, both two years and five years after enactment of the ordinance, report all of the following information to the Senate Committee on Transportation and Housing and the Assembly Committee on Transportation:
(1)A description of the ordinance, including the circumstances under which an alleged violator is afforded the opportunity to complete the administrative process.
(2)The amount of the administrative penalties.
(3)The number and types of citations administered pursuant to the ordinance.
(4)To the extent available, a comparison of the number and types of citations administered pursuant to the ordinance with the number and types of citations issued for similar offenses and administered through the courts both in the two years prior to the ordinance and, if any, since enactment of the ordinance.
(5)A discussion of the effect of the ordinance on passenger behavior.
(6)A discussion of the effect of the ordinance on revenues to the entity described in subdivision (a) and, in consultation with the superior courts, the cost savings to the county courts. The superior courts are encouraged to collaborate on and provide data for this report.
(h)For purposes of this section, smoking has the meaning of the definition in subdivision (c) of Section 22950.5 of the Business and Professions Code.
(i)For purposes of this section, tobacco product means a product or device as defined in subdivision (d) of Section 22950.5 of the Business and Professions Code.
SEC. 3.(a)Section 2.3 of this bill incorporates amendments to Section 99580 of the Public Utilities Code proposed by both this bill and Assembly Bill 869. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2016, (2) each bill amends Section 99580 of the Public Utilities Code, (3) neither Assembly Bill 6 of the Second Extraordinary Session or Senate Bill 5 of the Second Extraordinary Session are enacted or as enacted neither amends Section 99580 of the Public Utilities Code, and (4) this bill is enacted after Assembly Bill 869, in which case Sections 2, 2.5, and 2.7 of this bill shall not become operative.
(b)Section 2.5 of this bill incorporates amendments to Section 99580 of the Public Utilities Code proposed by this bill and Assembly Bill 6 of the Second Extraordinary Session and Senate Bill 5 of the Second Extraordinary Session. It shall only become operative if (1) this bill and either Assembly Bill 6 of the Second Extraordinary Session or Senate Bill 5 of the Second Extraordinary Session, or both of them, are enacted and become effective on or before January 1, 2016, (2) each enacted bill amends Section 99580 of the Public Utilities Code, (3) Assembly Bill 869 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after the other bill or bills, in which case Section 99580 of the Public Utilities Code, as amended by Assembly Bill 6 of the Second Extraordinary Session or Senate Bill 5 of the Second Extraordinary Session shall remain operative only until the operative date of this bill, at which time Section 2.5 of this bill shall become operative and Sections 2, 2.3, and 2.7 of this bill shall not become operative.
(c)Section 2.7 of this bill incorporates amendments to Section 99580 of the Public Utilities Code proposed by this bill, Assembly Bill 869, Assembly Bill 6 of the Second Extraordinary Session, and Senate Bill 5 of the Second Extraordinary Session. It shall only become operative if (1) this bill, Assembly Bill 869, and either Assembly Bill 6 of the Second Extraordinary Session or Senate Bill 5 of the Second Extraordinary Session, or both of them, are enacted and become effective on or before January 1, 2016, (2) each bill amends Section 99580 of the Public Utilities Code, and (3) this bill is enacted after the other bills, in which case Section 99580 of the Public Utilities Code, as amended by Assembly Bill 6 of the Second Extraordinary Session or Senate Bill 5 of the Second Extraordinary Session shall remain operative only until the operative date of this bill, at which time Section 2.7 of this bill shall become operative and Sections 2, 2.3, and 2.5 of this bill shall not become operative.
SEC. 4.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
(a)(1)Any of the acts described in paragraphs (1) to (6), inclusive, of subdivision (b) is an infraction punishable by a fine not to exceed two hundred fifty dollars ($250) and by community service for a total time not to exceed 48 hours over a period not to exceed 30 days, during a time other than during the violators hours of school attendance or employment. Any of the acts described in paragraphs (1) to (3), inclusive, of subdivision (c), upon a first or second violation, is an infraction punishable by a fine not to exceed two hundred fifty dollars ($250) and by community service for a total time not to exceed 48 hours over a period not to exceed 30 days, during a time other than during the violators hours of school attendance or employment. A third or subsequent violation of any of the acts described in paragraphs (1) to (3), inclusive, of subdivision (c) is a misdemeanor punishable by a fine of not more than four hundred dollars ($400) or by imprisonment in a county jail for a period of not more than 90 days, or by both that fine and imprisonment. Any of the acts described in subdivision (d) shall be punishable by a fine of not more than four hundred dollars ($400), by imprisonment in a county jail for a period of not more than 90 days, or by both that fine and imprisonment.
(2)This section shall apply only to acts committed on or in a facility or vehicle of a public transportation system.
(b)(1)Eating or drinking in or on a system facility or vehicle in areas where those activities are prohibited by that system.
(2)Playing unreasonably loud sound equipment on or in a system facility or vehicle, or failing to comply with the warning of a transit official related to disturbing another person by loud or unreasonable noise.
(3)Smoking in or on a system facility or vehicle in areas where those activities are prohibited by that system.
(4)Expectorating upon a system facility or vehicle.
(5)Skateboarding, roller skating, bicycle riding, roller blading, or operating a motorized scooter or similar device, as defined in Section 407.5 of the Vehicle Code in a system facility, vehicle, or parking structure. This paragraph does not apply to an activity that is necessary for utilization of the transit facility by a bicyclist, including, but not limited to, an activity that is necessary for parking a bicycle or transporting a bicycle aboard a transit vehicle, if that activity is conducted with the permission of the transit agency in a manner that does not interfere with the safety of the bicyclist or other patrons of the transit facility.
(6)Selling or peddling any goods, merchandise, property, or services of any kind whatsoever on the facilities, vehicles, or property of the public transportation system, if the public transportation system has prohibited those acts and neither the public transportation system nor its duly authorized representatives have granted written consent to engage in those acts.
(c)(1)Evasion of the payment of a fare of the system. For purposes of this section, fare evasion includes entering an enclosed area of a public transit facility beyond posted signs prohibiting entrance without obtaining valid fare, in addition to entering a transit vehicle without valid fare.
(2)Misuse of a transfer, pass, ticket, or token with the intent to evade the payment of a fare.
(3)(A)Unauthorized use of a discount ticket or failure to present, upon request from a transit system representative, acceptable proof of eligibility to use a discount ticket, in accordance with Section 99155 of the Public Utilities Code and posted system identification policies when entering or exiting a transit station or vehicle. Acceptable proof of eligibility must be clearly defined in the posting.
(B)If an eligible discount ticket user is not in possession of acceptable proof at the time of request, any citation issued shall be held for a period of 72 hours to allow the user to produce acceptable proof. If the proof is provided, the citation shall be voided. If the proof is not produced within that time period, the citation shall be processed.
(d)(1)Willfully disturbing others on or in a system facility or vehicle by engaging in boisterous or unruly behavior.
(2)Carrying an explosive, acid, or flammable liquid in a public transit facility or vehicle.
(3)Urinating or defecating in a system facility or vehicle, except in a lavatory. However, this paragraph shall not apply to a person who cannot comply with this paragraph as a result of a disability, age, or a medical condition.
(4)Willfully blocking the free movement of another person in a system facility or vehicle. This paragraph shall not be interpreted to affect any lawful activities permitted or First Amendment rights protected under the laws of this state or applicable federal law, including, but not limited to, laws related to collective bargaining, labor relations, or labor disputes.
(5)Willfully tampering with, removing, displacing, injuring, or destroying any part of any facility or vehicle of a public transportation system.
(e)Notwithstanding subdivision (a), a public transportation agency, as defined in paragraph (4) of subdivision (c) of Section 99580 of the Public Utilities Code, may do either of the following:
(1)Enact and enforce an ordinance providing that a person who is the subject of a citation for any of the acts described in subdivision (b) of Section 99580 of the Public Utilities Code on or in a facility or vehicle described in subdivision (a) for which the public transportation agency has jurisdiction shall, under the circumstances set forth by the ordinance, be afforded an opportunity to complete an administrative process that imposes only an administrative penalty enforced in a civil proceeding. The ordinance for imposing and enforcing the administrative penalty shall be governed by Chapter 8 (commencing with Section 99580) of Part 11 of Division 10 of the Public Utilities Code.
(2)Enforce as an infraction pursuant to subdivision (b) the act of failing to yield seating reserved for an elderly or disabled person in a facility or vehicle for which the public transportation agency has jurisdiction, provided that the governing board of the public transportation agency enacts an ordinance to that effect after a public hearing on the issue.
(f)For purposes of this section, a facility or vehicle of a public transportation system means any of the following:
(1)A facility or vehicle of a public transportation system as defined by Section 99211 of the Public Utilities Code.
(2)A facility of, or vehicle operated by any entity subsidized by, the Department of Transportation.
(3)A facility or vehicle of a rail authority, whether owned or leased, including, but not limited to, any part of a railroad, or track of a railroad, or any branch or branchway, switch, turnout, bridge, viaduct, culvert, embankment, station house, or other structure or fixture, or any part thereof, attached or connected to a railroad.
(4)A leased or rented facility or vehicle for which any of the entities described in paragraph (1), (2), or (3) incurs costs of cleanup, repair, or replacement as a result of any of those acts.
SEC. 2.Section 99580 of the Public Utilities Code is amended to read:99580.(a)Pursuant to subdivision (e) of Section 640 of the Penal Code, a public transportation agency may enact and enforce an ordinance to impose and enforce an administrative penalty for any of the acts described in subdivision (b).
(b)(1)Evasion of the payment of a fare of the system.
(2)Misuse of a transfer, pass, ticket, or token with the intent to evade the payment of a fare.
(3)Playing unreasonably loud sound equipment on or in a system facility or vehicle, or failing to comply with the warning of a transit official related to disturbing another person by loud or unreasonable noise.
(4)Smoking, eating, or drinking in or on a system facility or vehicle in those areas where those activities are prohibited by that system.
(5)Expectorating upon a system facility or vehicle.
(6)Willfully disturbing others on or in a system facility or vehicle by engaging in boisterous or unruly behavior.
(7)Carrying an explosive or acid, flammable liquid, or toxic or hazardous material in a system facility or vehicle.
(8)Urinating or defecating in a system facility or vehicle, except in a lavatory. However, this paragraph shall not apply to a person who cannot comply with this paragraph as a result of a disability, age, or a medical condition.
(9)(A)Willfully blocking the free movement of another person in a system facility or vehicle.
(B)This paragraph shall not be interpreted to affect any lawful activities permitted or First Amendment rights protected under the laws of this state or applicable federal law, including, but not limited to, laws related to collective bargaining, labor relations, or labor disputes.
(10)Skateboarding, roller skating, bicycle riding, or roller blading in a system facility, including a parking structure, or in a system vehicle. This paragraph does not apply to an activity that is necessary for utilization of a system facility by a bicyclist, including, but not limited to, an activity that is necessary for parking a bicycle or transporting a bicycle aboard a system vehicle, if that activity is conducted with the permission of the agency of the system in a manner that does not interfere with the safety of the bicyclist or other patrons of the system facility.
(11)(A)Unauthorized use of a discount ticket or failure to present, upon request from a system representative, acceptable proof of eligibility to use a discount ticket, in accordance with Section 99155, and posted system identification policies when entering or exiting a system station or vehicle. Acceptable proof of eligibility must be clearly defined in the posting.
(B)If an eligible discount ticket user is not in possession of acceptable proof at the time of request, an issued notice of fare evasion or passenger conduct violation shall be held for a period of 72 hours to allow the user to produce acceptable proof. If the proof is provided, that notice shall be voided. If the proof is not produced within that time period, that notice shall be processed.
(12)Selling or peddling any goods, merchandise, property, or services of any kind whatsoever on the facilities, vehicles, or property of the public transportation system without the express written consent of the public transportation system or its duly authorized representatives.
(13)Failing to yield seating reserved for an elderly or disabled person.
(c)(1)The public transportation agency may contract with a private vendor or governmental agency for the processing of notices of fare evasion or passenger conduct violation, and notices of delinquent fare evasion or passenger conduct violation pursuant to Section 99581.
(2)For the purpose of this chapter, processing agency means either of the following:
(A)The agency issuing the notice of fare evasion or passenger conduct violation and the notice of delinquent fare evasion or passenger conduct violation.
(B)The party responsible for processing the notice of fare evasion or passenger conduct violation and the notice of delinquent violation, if a contract is entered into pursuant to paragraph (1).
(3)For the purpose of this chapter, fare evasion or passenger conduct violation penalty includes, but is not limited to, a late payment penalty, administrative fee, fine, assessment, and costs of collection as provided for in the ordinance.
(4)For the purpose of this chapter, public transportation agency shall mean a public agency that provides public transportation as defined in paragraph (1) of subdivision (f) of Section 1 of Article XIXA of the California Constitution.
(5)All fare evasion and passenger conduct violation penalties collected pursuant to this chapter shall be deposited in the general fund of the county in which the citation is administered.
(d)(1)If a fare evasion or passenger conduct violation is observed by a person authorized to enforce the ordinance, a notice of fare evasion or passenger conduct violation shall be issued. The notice shall set forth the violation, including reference to the ordinance setting forth the administrative penalty, the date of the violation, the approximate time, and the location where the violation occurred. The notice shall include a printed statement indicating the date payment is required to be made, and the procedure for contesting the notice. The notice shall be served by personal service upon the violator. The notice, or copy of the notice, shall be considered a record kept in the ordinary course of business of the issuing agency and the processing agency, and shall be prima facie evidence of the facts contained in the notice establishing a rebuttable presumption affecting the burden of producing evidence.
(2)When a notice of fare evasion or passenger conduct violation has been served, the person issuing the notice shall file the notice with the processing agency.
(3)If, after a notice of fare evasion or passenger conduct violation is issued pursuant to this section, the issuing officer determines that there is incorrect data on the notice, including, but not limited to, the date or time, the issuing officer may indicate in writing on a form attached to the original notice the necessary correction to allow for the timely entry of the corrected notice on the processing agencys data system. A copy of the correction shall be mailed to the address provided by the person cited at the time the original notice of fare evasion or passenger conduct violation was served.
(4)If a person contests a notice of fare evasion or passenger conduct violation, the issuing agency shall proceed in accordance with Section 99581.
(e)In setting the amounts of administrative penalties for the violations listed in subdivision (b), the public transportation agency shall not establish penalty amounts that exceed the maximum fine amount set forth in Section 640 of the Penal Code.
(f)A person who receives a notice of fare evasion or passenger conduct violation pursuant to this section shall not be subject to citation for a violation of Section 640 of the Penal Code.
(g)If an entity enacts an ordinance pursuant to this section it shall, both two years and five years after enactment of the ordinance, report all of the following information to the Senate Committee on Transportation and Housing and the Assembly Committee on Transportation:
(1)A description of the ordinance, including the circumstances under which an alleged violator is afforded the opportunity to complete the administrative process.
(2)The amount of the administrative penalties.
(3)The number and types of citations administered pursuant to the ordinance.
(4)To the extent available, a comparison of the number and types of citations administered pursuant to the ordinance with the number and types of citations issued for similar offenses and administered through the courts both in the two years prior to the ordinance and, if any, since enactment of the ordinance.
(5)A discussion of the effect of the ordinance on passenger behavior.
(6)A discussion of the effect of the ordinance on revenues to the entity described in subdivision (a) and, in consultation with the superior courts, the cost savings to the county courts. The superior courts are encouraged to collaborate on and provide data for this report.
SEC. 2.3.Section 99580 of the Public Utilities Code is amended to read:99580.(a)Pursuant to subdivision (e) of Section 640 of the Penal Code, a public transportation agency may enact and enforce an ordinance to impose and enforce an administrative penalty for any of the acts described in subdivision (b).
(b)(1)Evasion of the payment of a fare of the system.
(2)Misuse of a transfer, pass, ticket, or token with the intent to evade the payment of a fare.
(3)Playing unreasonably loud sound equipment on or in a system facility or vehicle, or failing to comply with the warning of a transit official related to disturbing another person by loud or unreasonable noise.
(4)Smoking, eating, or drinking in or on a system facility or vehicle in those areas where those activities are prohibited by that system.
(5)Expectorating upon a system facility or vehicle.
(6)Willfully disturbing others on or in a system facility or vehicle by engaging in boisterous or unruly behavior.
(7)Carrying an explosive or acid, flammable liquid, or toxic or hazardous material in a system facility or vehicle.
(8)Urinating or defecating in a system facility or vehicle, except in a lavatory. However, this paragraph shall not apply to a person who cannot comply with this paragraph as a result of a disability, age, or a medical condition.
(9)(A)Willfully blocking the free movement of another person in a system facility or vehicle.
(B)This paragraph shall not be interpreted to affect any lawful activities permitted or First Amendment rights protected under the laws of this state or applicable federal law, including, but not limited to, laws related to collective bargaining, labor relations, or labor disputes.
(10)Skateboarding, roller skating, bicycle riding, or roller blading in a system facility, including a parking structure, or in a system vehicle. This paragraph does not apply to an activity that is necessary for utilization of a system facility by a bicyclist, including, but not limited to, an activity that is necessary for parking a bicycle or transporting a bicycle aboard a system vehicle, if that activity is conducted with the permission of the agency of the system in a manner that does not interfere with the safety of the bicyclist or other patrons of the system facility.
(11)(A)Unauthorized use of a discount ticket or failure to present, upon request from a system representative, acceptable proof of eligibility to use a discount ticket, in accordance with Section 99155, and posted system identification policies when entering or exiting a system station or vehicle. Acceptable proof of eligibility must be clearly defined in the posting.
(B) If an eligible discount ticket user is not in possession of acceptable proof at the time of request, an issued notice of fare evasion or passenger conduct violation shall be held for a period of 72 hours to allow the user to produce acceptable proof. If the proof is provided, that notice shall be voided. If the proof is not produced within that time period, that notice shall be processed.
(12) Selling or peddling any goods, merchandise, property, or services of any kind whatsoever on the facilities, vehicles, or property of the public transportation system without the express written consent of the public transportation system or its duly authorized representatives.
(13)Failing to yield seating reserved for an elderly or disabled person.
(c)(1)The public transportation agency may contract with a private vendor or governmental agency for the processing of notices of fare evasion or passenger conduct violation, and notices of delinquent fare evasion or passenger conduct violation pursuant to Section 99581.
(2)For the purpose of this chapter, processing agency means either of the following:
(A)The agency issuing the notice of fare evasion or passenger conduct violation and the notice of delinquent fare evasion or passenger conduct violation.
(B)The party responsible for processing the notice of fare evasion or passenger conduct violation and the notice of delinquent violation, if a contract is entered into pursuant to paragraph (1).
(3)For the purpose of this chapter, fare evasion or passenger conduct violation penalty includes, but is not limited to, a late payment penalty, administrative fee, fine, assessment, and costs of collection as provided for in the ordinance.
(4)For the purpose of this chapter, public transportation agency shall mean a public agency that provides public transportation as defined in paragraph (1) of subdivision (f) of Section 1 of Article XIXA of the California Constitution.
(5)All fare evasion and passenger conduct violation penalties collected pursuant to this chapter shall be deposited in the general fund of the county in which the citation is administered.
(d)(1)If a fare evasion or passenger conduct violation is observed by a person authorized to enforce the ordinance, a notice of fare evasion or passenger conduct violation shall be issued. The notice shall set forth all of the following:
(A)The violation, including reference to the ordinance setting forth the administrative penalty.
(B)The date and approximate time of the violation, and the location where the violation occurred.
(C)A printed statement indicating the date payment is required to be made.
(D)The procedure for contesting the notice.
(E)A printed statement that the person may be charged with an infraction or misdemeanor pursuant to Section 640 of the Penal Code if the administrative penalty is not paid when due or dismissed pursuant to the procedure for contesting the notice.
(2)The notice shall be served by personal service upon the violator. The notice, or copy of the notice, shall be considered a record kept in the ordinary course of business of the issuing agency and the processing agency, and shall be prima facie evidence of the facts contained in the notice establishing a rebuttable presumption affecting the burden of producing evidence.
(3)When a notice of fare evasion or passenger conduct violation has been served, the person issuing the notice shall file the notice with the processing agency.
(4)If, after a notice of fare evasion or passenger conduct violation is issued pursuant to this section, the issuing officer determines that there is incorrect data on the notice, including, but not limited to, the date or time, the issuing officer may indicate in writing on a form attached to the original notice the necessary correction to allow for the timely entry of the corrected notice on the processing agencys data system. A copy of the correction shall be mailed to the address provided by the person cited at the time the original notice of fare evasion or passenger conduct violation was served.
(5)If a person contests a notice of fare evasion or passenger conduct violation, the issuing agency shall proceed in accordance with Section 99581.
(e)In setting the amounts of administrative penalties for the violations listed in subdivision (b), the public transportation agency shall not establish penalty amounts that exceed the maximum fine amount set forth in Section 640 of the Penal Code.
(f)(1)A person who receives a notice of fare evasion or passenger conduct violation pursuant to this section shall not be subject to citation for a violation of Section 640 of the Penal Code, if the person pays the administrative penalty when due or successfully completes the civil administrative process pursuant to this chapter.
(2)A person who fails to pay the administrative penalty when due or successfully complete the civil administrative process pursuant to this chapter may be charged with an infraction or misdemeanor pursuant to Section 640 of the Penal Code.
(3)If a person is charged with an infraction or misdemeanor pursuant to Section 640 of the Penal Code, after failing to pay the administrative penalty or successfully complete the civil administrative process pursuant to this chapter, the processing agency shall dismiss the original notice of fare evasion or passenger conduct violation and make no further attempts to collect the administrative penalty.
(4)A person who is charged with an infraction or misdemeanor pursuant to Section 640 of the Penal Code, after failing to pay the administrative penalty or successfully complete the civil administrative process pursuant to this chapter, shall be personally served by the processing agency with a new notice of fare evasion or passenger conduct violation that sets forth the violation under Section 640 of the Penal Code.
(g)If an entity enacts an ordinance pursuant to this section it shall, both two years and five years after enactment of the ordinance, report all of the following information to the Senate Committee on Transportation and Housing and the Assembly Committee on Transportation:
(1)A description of the ordinance, including the circumstances under which an alleged violator is afforded the opportunity to complete the administrative process.
(2)The amount of the administrative penalties.
(3)The number and types of citations administered pursuant to the ordinance.
(4)To the extent available, a comparison of the number and types of citations administered pursuant to the ordinance with the number and types of citations issued for similar offenses and administered through the courts both in the two years prior to the ordinance and, if any, since enactment of the ordinance.
(5)A discussion of the effect of the ordinance on passenger behavior.
(6)A discussion of the effect of the ordinance on revenues to the entity described in subdivision (a) and, in consultation with the superior courts, the cost savings to the county courts. The superior courts are encouraged to collaborate on and provide data for this report.
SEC. 2.5.Section 99580 of the Public Utilities Code is amended to read:99580.(a)Pursuant to subdivision (e) of Section 640 of the Penal Code, a public transportation agency may enact and enforce an ordinance to impose and enforce an administrative penalty for any of the acts described in subdivision (b).
(b)(1)Evasion of the payment of a fare of the system.
(2)Misuse of a transfer, pass, ticket, or token with the intent to evade the payment of a fare.
(3)Playing unreasonably loud sound equipment on or in a system facility or vehicle, or failing to comply with the warning of a transit official related to disturbing another person by loud or unreasonable noise.
(4) Smoking a tobacco product, eating, or drinking in or on a system facility or vehicle in those areas where those activities are prohibited by that system.
(5)Expectorating upon a system facility or vehicle.
(6)Willfully disturbing others on or in a system facility or vehicle by engaging in boisterous or unruly behavior.
(7)Carrying an explosive or acid, flammable liquid, or toxic or hazardous material in a system facility or vehicle.
(8)Urinating or defecating in a system facility or vehicle, except in a lavatory. However, this paragraph shall not apply to a person who cannot comply with this paragraph as a result of a disability, age, or a medical condition.
(9)(A)Willfully blocking the free movement of another person in a system facility or vehicle.
(B)This paragraph shall not be interpreted to affect any lawful activities permitted or First Amendment rights protected under the laws of this state or applicable federal law, including, but not limited to, laws related to collective bargaining, labor relations, or labor disputes.
(10)Skateboarding, roller skating, bicycle riding, or roller blading in a system facility, including a parking structure, or in a system vehicle. This paragraph does not apply to an activity that is necessary for utilization of a system facility by a bicyclist, including, but not limited to, an activity that is necessary for parking a bicycle or transporting a bicycle aboard a system vehicle, if that activity is conducted with the permission of the agency of the system in a manner that does not interfere with the safety of the bicyclist or other patrons of the system facility.
(11)(A)Unauthorized use of a discount ticket or failure to present, upon request from a system representative, acceptable proof of eligibility to use a discount ticket, in accordance with Section 99155, and posted system identification policies when entering or exiting a system station or vehicle. Acceptable proof of eligibility must be clearly defined in the posting.
(B) If an eligible discount ticket user is not in possession of acceptable proof at the time of request, an issued notice of fare evasion or passenger conduct violation shall be held for a period of 72 hours to allow the user to produce acceptable proof. If the proof is provided, that notice shall be voided. If the proof is not produced within that time period, that notice shall be processed.
(12) Selling or peddling any goods, merchandise, property, or services of any kind whatsoever on the facilities, vehicles, or property of the public transportation system without the express written consent of the public transportation system or its duly authorized representatives.
(13)Failing to yield seating reserved for an elderly or disabled person.
(c)(1)The public transportation agency may contract with a private vendor or governmental agency for the processing of notices of fare evasion or passenger conduct violation, and notices of delinquent fare evasion or passenger conduct violation pursuant to Section 99581.
(2)For the purpose of this chapter, processing agency means either of the following:
(A)The agency issuing the notice of fare evasion or passenger conduct violation and the notice of delinquent fare evasion or passenger conduct violation.
(B)The party responsible for processing the notice of fare evasion or passenger conduct violation and the notice of delinquent violation, if a contract is entered into pursuant to paragraph (1).
(3)For the purpose of this chapter, fare evasion or passenger conduct violation penalty includes, but is not limited to, a late payment penalty, administrative fee, fine, assessment, and costs of collection as provided for in the ordinance.
(4)For the purpose of this chapter, public transportation agency shall mean a public agency that provides public transportation as defined in paragraph (1) of subdivision (f) of Section 1 of Article XIXA of the California Constitution.
(5)All fare evasion and passenger conduct violation penalties collected pursuant to this chapter shall be deposited in the general fund of the county in which the citation is administered.
(d)(1)If a fare evasion or passenger conduct violation is observed by a person authorized to enforce the ordinance, a notice of fare evasion or passenger conduct violation shall be issued. The notice shall set forth the violation, including reference to the ordinance setting forth the administrative penalty, the date of the violation, the approximate time, and the location where the violation occurred. The notice shall include a printed statement indicating the date payment is required to be made, and the procedure for contesting the notice. The notice shall be served by personal service upon the violator. The notice, or copy of the notice, shall be considered a record kept in the ordinary course of business of the issuing agency and the processing agency, and shall be prima facie evidence of the facts contained in the notice establishing a rebuttable presumption affecting the burden of producing evidence.
(2)When a notice of fare evasion or passenger conduct violation has been served, the person issuing the notice shall file the notice with the processing agency.
(3)If, after a notice of fare evasion or passenger conduct violation is issued pursuant to this section, the issuing officer determines that there is incorrect data on the notice, including, but not limited to, the date or time, the issuing officer may indicate in writing on a form attached to the original notice the necessary correction to allow for the timely entry of the corrected notice on the processing agencys data system. A copy of the correction shall be mailed to the address provided by the person cited at the time the original notice of fare evasion or passenger conduct violation was served.
(4)If a person contests a notice of fare evasion or passenger conduct violation, the issuing agency shall proceed in accordance with Section 99581.
(e)In setting the amounts of administrative penalties for the violations listed in subdivision (b), the public transportation agency shall not establish penalty amounts that exceed the maximum fine amount set forth in Section 640 of the Penal Code.
(f)A person who receives a notice of fare evasion or passenger conduct violation pursuant to this section shall not be subject to citation for a violation of Section 640 of the Penal Code.
(g)If an entity enacts an ordinance pursuant to this section it shall, both two years and five years after enactment of the ordinance, report all of the following information to the Senate Committee on Transportation and Housing and the Assembly Committee on Transportation:
(1)A description of the ordinance, including the circumstances under which an alleged violator is afforded the opportunity to complete the administrative process.
(2)The amount of the administrative penalties.
(3)The number and types of citations administered pursuant to the ordinance.
(4)To the extent available, a comparison of the number and types of citations administered pursuant to the ordinance with the number and types of citations issued for similar offenses and administered through the courts both in the two years prior to the ordinance and, if any, since enactment of the ordinance.
(5)A discussion of the effect of the ordinance on passenger behavior.
(6)A discussion of the effect of the ordinance on revenues to the entity described in subdivision (a) and, in consultation with the superior courts, the cost savings to the county courts. The superior courts are encouraged to collaborate on and provide data for this report.
(h)For purposes of this section, smoking has the meaning of the definition in subdivision (c) of Section 22950.5 of the Business and Professions Code.
(i)For purposes of this section, tobacco product means a product or device as defined in subdivision (d) of Section 22950.5 of the Business and Professions Code.
SEC. 2.7.Section 99580 of the Public Utilities Code is amended to read:99580.(a)Pursuant to subdivision (e) of Section 640 of the Penal Code, a public transportation agency may enact and enforce an ordinance to impose and enforce an administrative penalty for any of the acts described in subdivision (b).
(b)(1)Evasion of the payment of a fare of the system.
(2)Misuse of a transfer, pass, ticket, or token with the intent to evade the payment of a fare.
(3)Playing unreasonably loud sound equipment on or in a system facility or vehicle, or failing to comply with the warning of a transit official related to disturbing another person by loud or unreasonable noise.
(4) Smoking a tobacco product, eating, or drinking in or on a system facility or vehicle in those areas where those activities are prohibited by that system.
(5)Expectorating upon a system facility or vehicle.
(6)Willfully disturbing others on or in a system facility or vehicle by engaging in boisterous or unruly behavior.
(7)Carrying an explosive or acid, flammable liquid, or toxic or hazardous material in a system facility or vehicle.
(8)Urinating or defecating in a system facility or vehicle, except in a lavatory. However, this paragraph shall not apply to a person who cannot comply with this paragraph as a result of a disability, age, or a medical condition.
(9)(A)Willfully blocking the free movement of another person in a system facility or vehicle.
(B)This paragraph shall not be interpreted to affect any lawful activities permitted or First Amendment rights protected under the laws of this state or applicable federal law, including, but not limited to, laws related to collective bargaining, labor relations, or labor disputes.
(10)Skateboarding, roller skating, bicycle riding, or roller blading in a system facility, including a parking structure, or in a system vehicle. This paragraph does not apply to an activity that is necessary for utilization of a system facility by a bicyclist, including, but not limited to, an activity that is necessary for parking a bicycle or transporting a bicycle aboard a system vehicle, if that activity is conducted with the permission of the agency of the system in a manner that does not interfere with the safety of the bicyclist or other patrons of the system facility.
(11)(A)Unauthorized use of a discount ticket or failure to present, upon request from a system representative, acceptable proof of eligibility to use a discount ticket, in accordance with Section 99155, and posted system identification policies when entering or exiting a system station or vehicle. Acceptable proof of eligibility must be clearly defined in the posting.
(B) If an eligible discount ticket user is not in possession of acceptable proof at the time of request, an issued notice of fare evasion or passenger conduct violation shall be held for a period of 72 hours to allow the user to produce acceptable proof. If the proof is provided, that notice shall be voided. If the proof is not produced within that time period, that notice shall be processed.
(12) Selling or peddling any goods, merchandise, property, or services of any kind whatsoever on the facilities, vehicles, or property of the public transportation system without the express written consent of the public transportation system or its duly authorized representatives.
(13)Failing to yield seating reserved for an elderly or disabled person.
(c)(1)The public transportation agency may contract with a private vendor or governmental agency for the processing of notices of fare evasion or passenger conduct violation, and notices of delinquent fare evasion or passenger conduct violation pursuant to Section 99581.
(2)For the purpose of this chapter, processing agency means either of the following:
(A)The agency issuing the notice of fare evasion or passenger conduct violation and the notice of delinquent fare evasion or passenger conduct violation.
(B)The party responsible for processing the notice of fare evasion or passenger conduct violation and the notice of delinquent violation, if a contract is entered into pursuant to paragraph (1).
(3)For the purpose of this chapter, fare evasion or passenger conduct violation penalty includes, but is not limited to, a late payment penalty, administrative fee, fine, assessment, and costs of collection as provided for in the ordinance.
(4)For the purpose of this chapter, public transportation agency shall mean a public agency that provides public transportation as defined in paragraph (1) of subdivision (f) of Section 1 of Article XIXA of the California Constitution.
(5)All fare evasion and passenger conduct violation penalties collected pursuant to this chapter shall be deposited in the general fund of the county in which the citation is administered.
(d)(1)If a fare evasion or passenger conduct violation is observed by a person authorized to enforce the ordinance, a notice of fare evasion or passenger conduct violation shall be issued. The notice shall set forth all of the following:
(A)The violation, including reference to the ordinance setting forth the administrative penalty.
(B)The date and approximate time of the violation, and the location where the violation occurred.
(C)A printed statement indicating the date payment is required to be made.
(D)The procedure for contesting the notice.
(E)A printed statement that the person may be charged with an infraction or misdemeanor pursuant to Section 640 of the Penal Code if the administrative penalty is not paid when due or dismissed pursuant to the procedure for contesting the notice.
(2)The notice shall be served by personal service upon the violator. The notice, or copy of the notice, shall be considered a record kept in the ordinary course of business of the issuing agency and the processing agency, and shall be prima facie evidence of the facts contained in the notice establishing a rebuttable presumption affecting the burden of producing evidence.
(3)When a notice of fare evasion or passenger conduct violation has been served, the person issuing the notice shall file the notice with the processing agency.
(4)If, after a notice of fare evasion or passenger conduct violation is issued pursuant to this section, the issuing officer determines that there is incorrect data on the notice, including, but not limited to, the date or time, the issuing officer may indicate in writing on a form attached to the original notice the necessary correction to allow for the timely entry of the corrected notice on the processing agencys data system. A copy of the correction shall be mailed to the address provided by the person cited at the time the original notice of fare evasion or passenger conduct violation was served.
(5)If a person contests a notice of fare evasion or passenger conduct violation, the issuing agency shall proceed in accordance with Section 99581.
(e)In setting the amounts of administrative penalties for the violations listed in subdivision (b), the public transportation agency shall not establish penalty amounts that exceed the maximum fine amount set forth in Section 640 of the Penal Code.
(f)(1)A person who receives a notice of fare evasion or passenger conduct violation pursuant to this section shall not be subject to citation for a violation of Section 640 of the Penal Code, if the person pays the administrative penalty when due or successfully completes the civil administrative process pursuant to this chapter.
(2)A person who fails to pay the administrative penalty when due or successfully complete the civil administrative process pursuant to this chapter may be charged with an infraction or misdemeanor pursuant to Section 640 of the Penal Code.
(3)If a person is charged with an infraction or misdemeanor pursuant to Section 640 of the Penal Code, after failing to pay the administrative penalty or successfully complete the civil administrative process pursuant to this chapter, the processing agency shall dismiss the original notice of fare evasion or passenger conduct violation and make no further attempts to collect the administrative penalty.
(4)A person who is charged with an infraction or misdemeanor pursuant to Section 640 of the Penal Code, after failing to pay the administrative penalty or successfully complete the civil administrative process pursuant to this chapter, shall be personally served by the processing agency with a new notice of fare evasion or passenger conduct violation that sets forth the violation under Section 640 of the Penal Code.
(g)If an entity enacts an ordinance pursuant to this section it shall, both two years and five years after enactment of the ordinance, report all of the following information to the Senate Committee on Transportation and Housing and the Assembly Committee on Transportation:
(1)A description of the ordinance, including the circumstances under which an alleged violator is afforded the opportunity to complete the administrative process.
(2)The amount of the administrative penalties.
(3)The number and types of citations administered pursuant to the ordinance.
(4)To the extent available, a comparison of the number and types of citations administered pursuant to the ordinance with the number and types of citations issued for similar offenses and administered through the courts both in the two years prior to the ordinance and, if any, since enactment of the ordinance.
(5)A discussion of the effect of the ordinance on passenger behavior.
(6)A discussion of the effect of the ordinance on revenues to the entity described in subdivision (a) and, in consultation with the superior courts, the cost savings to the county courts. The superior courts are encouraged to collaborate on and provide data for this report.
(h)For purposes of this section, smoking has the meaning of the definition in subdivision (c) of Section 22950.5 of the Business and Professions Code.
(i)For purposes of this section, tobacco product means a product or device as defined in subdivision (d) of Section 22950.5 of the Business and Professions Code.
SEC. 3.(a)Section 2.3 of this bill incorporates amendments to Section 99580 of the Public Utilities Code proposed by both this bill and Assembly Bill 869. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2016, (2) each bill amends Section 99580 of the Public Utilities Code, (3) neither Assembly Bill 6 of the Second Extraordinary Session or Senate Bill 5 of the Second Extraordinary Session are enacted or as enacted neither amends Section 99580 of the Public Utilities Code, and (4) this bill is enacted after Assembly Bill 869, in which case Sections 2, 2.5, and 2.7 of this bill shall not become operative.
(b)Section 2.5 of this bill incorporates amendments to Section 99580 of the Public Utilities Code proposed by this bill and Assembly Bill 6 of the Second Extraordinary Session and Senate Bill 5 of the Second Extraordinary Session. It shall only become operative if (1) this bill and either Assembly Bill 6 of the Second Extraordinary Session or Senate Bill 5 of the Second Extraordinary Session, or both of them, are enacted and become effective on or before January 1, 2016, (2) each enacted bill amends Section 99580 of the Public Utilities Code, (3) Assembly Bill 869 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after the other bill or bills, in which case Section 99580 of the Public Utilities Code, as amended by Assembly Bill 6 of the Second Extraordinary Session or Senate Bill 5 of the Second Extraordinary Session shall remain operative only until the operative date of this bill, at which time Section 2.5 of this bill shall become operative and Sections 2, 2.3, and 2.7 of this bill shall not become operative.
(c)Section 2.7 of this bill incorporates amendments to Section 99580 of the Public Utilities Code proposed by this bill, Assembly Bill 869, Assembly Bill 6 of the Second Extraordinary Session, and Senate Bill 5 of the Second Extraordinary Session. It shall only become operative if (1) this bill, Assembly Bill 869, and either Assembly Bill 6 of the Second Extraordinary Session or Senate Bill 5 of the Second Extraordinary Session, or both of them, are enacted and become effective on or before January 1, 2016, (2) each bill amends Section 99580 of the Public Utilities Code, and (3) this bill is enacted after the other bills, in which case Section 99580 of the Public Utilities Code, as amended by Assembly Bill 6 of the Second Extraordinary Session or Senate Bill 5 of the Second Extraordinary Session shall remain operative only until the operative date of this bill, at which time Section 2.7 of this bill shall become operative and Sections 2, 2.3, and 2.5 of this bill shall not become operative.
SEC. 4.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
(a)(1)Any of the acts described in paragraphs (1) to (6), inclusive, of subdivision (b) is an infraction punishable by a fine not to exceed two hundred fifty dollars ($250) and by community service for a total time not to exceed 48 hours over a period not to exceed 30 days, during a time other than during the violators hours of school attendance or employment. Any of the acts described in paragraphs (1) to (3), inclusive, of subdivision (c), upon a first or second violation, is an infraction punishable by a fine not to exceed two hundred fifty dollars ($250) and by community service for a total time not to exceed 48 hours over a period not to exceed 30 days, during a time other than during the violators hours of school attendance or employment. A third or subsequent violation of any of the acts described in paragraphs (1) to (3), inclusive, of subdivision (c) is a misdemeanor punishable by a fine of not more than four hundred dollars ($400) or by imprisonment in a county jail for a period of not more than 90 days, or by both that fine and imprisonment. Any of the acts described in subdivision (d) shall be punishable by a fine of not more than four hundred dollars ($400), by imprisonment in a county jail for a period of not more than 90 days, or by both that fine and imprisonment.
(2)This section shall apply only to acts committed on or in a facility or vehicle of a public transportation system.
(b)(1)Eating or drinking in or on a system facility or vehicle in areas where those activities are prohibited by that system.
(2)Playing unreasonably loud sound equipment on or in a system facility or vehicle, or failing to comply with the warning of a transit official related to disturbing another person by loud or unreasonable noise.
(3)Smoking in or on a system facility or vehicle in areas where those activities are prohibited by that system.
(4)Expectorating upon a system facility or vehicle.
(5)Skateboarding, roller skating, bicycle riding, roller blading, or operating a motorized scooter or similar device, as defined in Section 407.5 of the Vehicle Code in a system facility, vehicle, or parking structure. This paragraph does not apply to an activity that is necessary for utilization of the transit facility by a bicyclist, including, but not limited to, an activity that is necessary for parking a bicycle or transporting a bicycle aboard a transit vehicle, if that activity is conducted with the permission of the transit agency in a manner that does not interfere with the safety of the bicyclist or other patrons of the transit facility.
(6)Selling or peddling any goods, merchandise, property, or services of any kind whatsoever on the facilities, vehicles, or property of the public transportation system, if the public transportation system has prohibited those acts and neither the public transportation system nor its duly authorized representatives have granted written consent to engage in those acts.
(c)(1)Evasion of the payment of a fare of the system. For purposes of this section, fare evasion includes entering an enclosed area of a public transit facility beyond posted signs prohibiting entrance without obtaining valid fare, in addition to entering a transit vehicle without valid fare.
(2)Misuse of a transfer, pass, ticket, or token with the intent to evade the payment of a fare.
(3)(A)Unauthorized use of a discount ticket or failure to present, upon request from a transit system representative, acceptable proof of eligibility to use a discount ticket, in accordance with Section 99155 of the Public Utilities Code and posted system identification policies when entering or exiting a transit station or vehicle. Acceptable proof of eligibility must be clearly defined in the posting.
(B)In the event that If an eligible discount ticket user is not in possession of acceptable proof at the time of request, any citation issued shall be held for a period of 72 hours to allow the user to produce acceptable proof. If the proof is provided, the citation shall be voided. If the proof is not produced within that time period, the citation shall be processed.
(d)(1)Willfully disturbing others on or in a system facility or vehicle by engaging in boisterous or unruly behavior.
(2)Carrying an explosive, acid, or flammable liquid in a public transit facility or vehicle.
(3)Urinating or defecating in a system facility or vehicle, except in a lavatory. However, this paragraph shall not apply to a person who cannot comply with this paragraph as a result of a disability, age, or a medical condition.
(4)Willfully blocking the free movement of another person in a system facility or vehicle. This paragraph shall not be interpreted to affect any lawful activities permitted or First Amendment rights protected under the laws of this state or applicable federal law, including, but not limited to, laws related to collective bargaining, labor relations, or labor disputes.
(5)Willfully tampering with, removing, displacing, injuring, or destroying any part of any facility or vehicle of a public transportation system.
(e)Notwithstanding subdivision (a), a public transportation agency, as defined in paragraph (4) of subdivision (c) of Section 99580 of the Public Utilities Code, may do either of the following:
(1)Enact and enforce an ordinance providing that a person who is the subject of a citation for any of the acts described in subdivision (b) of Section 99580 of the Public Utilities Code on or in a facility or vehicle described in subdivision (a) for which the public transportation agency has jurisdiction shall, under the circumstances set forth by the ordinance, be afforded an opportunity to complete an administrative process that imposes only an administrative penalty enforced in a civil proceeding. The ordinance for imposing and enforcing the administrative penalty shall be governed by Chapter 8 (commencing with Section 99580) of Part 11 of Division 10 of the Public Utilities Code.
(2)Enforce as an infraction pursuant to subdivision (b) the act of failing to yield seating reserved for an elderly or disabled person in a facility or vehicle for which the public transportation agency has jurisdiction, provided that the governing board of the public transportation agency enacts an ordinance to that effect after a public hearing on the issue.
(f)For purposes of this section, a facility or vehicle of a public transportation system means any of the following:
(1)A facility or vehicle of a public transportation system as defined by Section 99211 of the Public Utilities Code.
(2)A facility of, or vehicle operated by any entity subsidized by, the Department of Transportation.
(3)A facility or vehicle of a rail authority, whether owned or leased, including, but not limited to, any part of a railroad, or track of a railroad, or any branch or branchway, switch, turnout, bridge, viaduct, culvert, embankment, station house, or other structure or fixture, or any part thereof, attached or connected to a railroad.
(4)A leased or rented facility or vehicle for which any of the entities described in paragraph (1), (2), or (3) incurs costs of cleanup, repair, or replacement as a result of any of those acts.
SEC. 2.Section 99580 of the Public Utilities Code is amended to read:99580.(a)Pursuant to subdivision (e) of Section 640 of the Penal Code, a public transportation agency may enact and enforce an ordinance to impose and enforce an administrative penalty for any of the acts described in subdivision (b).
(b)(1)Evasion of the payment of a fare of the system.
(2)Misuse of a transfer, pass, ticket, or token with the intent to evade the payment of a fare.
(3)Playing unreasonably loud sound equipment on or in a system facility or vehicle, or failing to comply with the warning of a transit official related to disturbing another person by loud or unreasonable noise.
(4)Smoking, eating, or drinking in or on a system facility or vehicle in those areas where those activities are prohibited by that system.
(5)Expectorating upon a system facility or vehicle.
(6)Willfully disturbing others on or in a system facility or vehicle by engaging in boisterous or unruly behavior.
(7)Carrying an explosive or acid, flammable liquid, or toxic or hazardous material in a system facility or vehicle.
(8)Urinating or defecating in a system facility or vehicle, except in a lavatory. However, this paragraph shall not apply to a person who cannot comply with this paragraph as a result of a disability, age, or a medical condition.
(9)(A)Willfully blocking the free movement of another person in a system facility or vehicle.
(B)This paragraph shall not be interpreted to affect any lawful activities permitted or First Amendment rights protected under the laws of this state or applicable federal law, including, but not limited to, laws related to collective bargaining, labor relations, or labor disputes.
(10)Skateboarding, roller skating, bicycle riding, or roller blading in a system facility, including a parking structure, or in a system vehicle. This paragraph does not apply to an activity that is necessary for utilization of a system facility by a bicyclist, including, but not limited to, an activity that is necessary for parking a bicycle or transporting a bicycle aboard a system vehicle, if that activity is conducted with the permission of the agency of the system in a manner that does not interfere with the safety of the bicyclist or other patrons of the system facility.
(11)(A)Unauthorized use of a discount ticket or failure to present, upon request from a system representative, acceptable proof of eligibility to use a discount ticket, in accordance with Section 99155, and posted system identification policies when entering or exiting a system station or vehicle. Acceptable proof of eligibility must be clearly defined in the posting.
(B)If an eligible discount ticket user is not in possession of acceptable proof at the time of request, an issued notice of fare evasion or passenger conduct violation shall be held for a period of 72 hours to allow the user to produce acceptable proof. If the proof is provided, that notice shall be voided. If the proof is not produced within that time period, that notice shall be processed.
(12)Selling or peddling any goods, merchandise, property, or services of any kind whatsoever on the facilities, vehicles, or property of the public transportation system without the express written consent of the public transportation system or its duly authorized representatives.
(13)Failing to yield seating reserved for an elderly or disabled person.
(c)(1)The public transportation agency may contract with a private vendor or governmental agency for the processing of notices of fare evasion or passenger conduct violation, and notices of delinquent fare evasion or passenger conduct violation pursuant to Section 99581.
(2)For the purpose of this chapter, processing agency means either of the following:
(A)The agency issuing the notice of fare evasion or passenger conduct violation and the notice of delinquent fare evasion or passenger conduct violation.
(B)The party responsible for processing the notice of fare evasion or passenger conduct violation and the notice of delinquent violation, if a contract is entered into pursuant to paragraph (1).
(3)For the purpose of this chapter, fare evasion or passenger conduct violation penalty includes, but is not limited to, a late payment penalty, administrative fee, fine, assessment, and costs of collection as provided for in the ordinance.
(4)For the purpose of this chapter, public transportation agency shall mean a public agency that provides public transportation as defined in paragraph (1) of subdivision (f) of Section 1 of Article XIXA of the California Constitution.
(5)All fare evasion and passenger conduct violation penalties collected pursuant to this chapter shall be deposited in the general fund of the county in which the citation is administered.
(d)(1)If a fare evasion or passenger conduct violation is observed by a person authorized to enforce the ordinance, a notice of fare evasion or passenger conduct violation shall be issued. The notice shall set forth the violation, including reference to the ordinance setting forth the administrative penalty, the date of the violation, the approximate time, and the location where the violation occurred. The notice shall include a printed statement indicating the date payment is required to be made, and the procedure for contesting the notice. The notice shall be served by personal service upon the violator. The notice, or copy of the notice, shall be considered a record kept in the ordinary course of business of the issuing agency and the processing agency, and shall be prima facie evidence of the facts contained in the notice establishing a rebuttable presumption affecting the burden of producing evidence.
(2)When a notice of fare evasion or passenger conduct violation has been served, the person issuing the notice shall file the notice with the processing agency.
(3)If, after a notice of fare evasion or passenger conduct violation is issued pursuant to this section, the issuing officer determines that there is incorrect data on the notice, including, but not limited to, the date or time, the issuing officer may indicate in writing on a form attached to the original notice the necessary correction to allow for the timely entry of the corrected notice on the processing agencys data system. A copy of the correction shall be mailed to the address provided by the person cited at the time the original notice of fare evasion or passenger conduct violation was served.
(4)If a person contests a notice of fare evasion or passenger conduct violation, the issuing agency shall proceed in accordance with Section 99581.
(e)In setting the amounts of administrative penalties for the violations listed in subdivision (b), the public transportation agency shall not establish penalty amounts that exceed the maximum fine amount set forth in Section 640 of the Penal Code.
(f)A person who receives a notice of fare evasion or passenger conduct violation pursuant to this section shall not be subject to citation for a violation of Section 640 of the Penal Code.
(g)If an entity enacts an ordinance pursuant to this section it shall, both two years and five years after enactment of the ordinance, report all of the following information to the Senate Committee on Transportation and Housing and the Assembly Committee on Transportation:
(1)A description of the ordinance, including the circumstances under which an alleged violator is afforded the opportunity to complete the administrative process.
(2)The amount of the administrative penalties.
(3)The number and types of citations administered pursuant to the ordinance.
(4)To the extent available, a comparison of the number and types of citations administered pursuant to the ordinance with the number and types of citations issued for similar offenses and administered through the courts both in the two years prior to the ordinance and, if any, since enactment of the ordinance.
(5)A discussion of the effect of the ordinance on passenger behavior.
(6)A discussion of the effect of the ordinance on revenues to the entity described in subdivision (a) and, in consultation with the superior courts, the cost savings to the county courts. The superior courts are encouraged to collaborate on and provide data for this report.
SEC. 2.3.Section 99580 of the Public Utilities Code is amended to read:99580.(a)Pursuant to subdivision (e) of Section 640 of the Penal Code, a public transportation agency may enact and enforce an ordinance to impose and enforce an administrative penalty for any of the acts described in subdivision (b). The ordinance shall include the provisions of this chapter and shall not apply to minors.
(b)(1)Evasion of the payment of a fare of the system.
(2)Misuse of a transfer, pass, ticket, or token with the intent to evade the payment of a fare.
(3)Playing unreasonably loud sound equipment on or in a system facility or vehicle. vehicle, or failing to comply with the warning of a transit official related to disturbing another person by loud or unreasonable noise.
(4)Smoking, eating, or drinking in or on a system facility or vehicle in those areas where those activities are prohibited by that system.
(5)Expectorating upon a system facility or vehicle.
(6)Willfully disturbing others on or in a system facility or vehicle by engaging in boisterous or unruly behavior.
(7)Carrying an explosive or acid, flammable liquid, or toxic or hazardous material in a system facility or vehicle.
(8)Urinating or defecating in a system facility or vehicle, except in a lavatory. However, this paragraph shall not apply to a person who cannot comply with this paragraph as a result of a disability, age, or a medical condition.
(9)(A)Willfully blocking the free movement of another person in a system facility or vehicle.
(B)This paragraph shall not be interpreted to affect any lawful activities permitted or first amendment First Amendment rights protected under the laws of this state or applicable federal law, including, but not limited to, laws related to collective bargaining, labor relations, or labor disputes.
(10)Skateboarding, roller skating, bicycle riding, or roller blading in a system facility, including a parking structure, or in a system vehicle. This paragraph does not apply to an activity that is necessary for utilization of a system facility by a bicyclist, including, but not limited to, an activity that is necessary for parking a bicycle or transporting a bicycle aboard a system vehicle, if that activity is conducted with the permission of the agency of the system in a manner that does not interfere with the safety of the bicyclist or other patrons of the system facility.
(11)(A)Unauthorized use of a discount ticket or failure to present, upon request from a system representative, acceptable proof of eligibility to use a discount ticket, in accordance with Section 99155, and posted system identification policies when entering or exiting a system station or vehicle. Acceptable proof of eligibility must be clearly defined in the posting.
(B)In the event that If an eligible discount ticket user is not in possession of acceptable proof at the time of request, an issued notice of fare evasion or passenger conduct violation shall be held for a period of 72 hours to allow the user to produce acceptable proof. If the proof is provided, that notice shall be voided. If the proof is not produced within that time period, that notice shall be processed.
(12)Sale Selling or peddling of any goods, merchandise, property, or services of any kind whatsoever on the facilities, vehicles, or property of the public transportation system without the express written consent of the public transportation system or its duly authorized representatives.
(13)Failing to yield seating reserved for an elderly or disabled person.
(c)(1)The public transportation agency may contract with a private vendor or governmental agency for the processing of notices of fare evasion or passenger conduct violation, and notices of delinquent fare evasion or passenger conduct violation pursuant to Section 99581.
(2)For the purpose of this chapter, processing agency means either of the following:
(A)The agency issuing the notice of fare evasion or passenger conduct violation and the notice of delinquent fare evasion or passenger conduct violation.
(B)The party responsible for processing the notice of fare evasion or passenger conduct violation and the notice of delinquent violation, if a contract is entered into pursuant to paragraph (1).
(3)For the purpose of this chapter, fare evasion or passenger conduct violation penalty includes, but is not limited to, a late payment penalty, administrative fee, fine, assessment, and costs of collection as provided for in the ordinance.
(4)For the purpose of this chapter, public transportation agency shall mean a public agency that provides public transportation as defined in paragraph (1) of subdivision (f) of Section 1 of Article XIXA of the California Constitution.
(5)All fare evasion and passenger conduct violation penalties collected pursuant to this chapter shall be deposited in the general fund of the county in which the citation is administered.
(d)(1)If a fare evasion or passenger conduct violation is observed by a person authorized to enforce the ordinance, a notice of fare evasion or passenger conduct violation shall be issued. The notice shall set forth all of the following:
(A)The violation, including reference to the ordinance setting forth the administrative penalty.
(B)The date and approximate time of the violation, and the location where the violation occurred.
(C)A printed statement indicating the date payment is required to be made.
(D)The procedure for contesting the notice.
(E)A printed statement that the person may be charged with an infraction or misdemeanor pursuant to Section 640 of the Penal Code if the administrative penalty is not paid when due or dismissed pursuant to the procedure for contesting the notice.
(d)(1)If a fare evasion or passenger conduct violation is observed by a person authorized to enforce the ordinance, a notice of fare evasion or passenger conduct violation shall be issued. The notice shall set forth the violation, including reference to the ordinance setting forth the administrative penalty, the date of the violation, the approximate time, and the location where the violation occurred. The notice shall include a printed statement indicating the date payment is required to be made, and the procedure for contesting the notice. The
(2)The notice shall be served by personal service upon the violator. The notice, or copy of the notice, shall be considered a record kept in the ordinary course of business of the issuing agency and the processing agency, and shall be prima facie evidence of the facts contained in the notice establishing a rebuttable presumption affecting the burden of producing evidence.
(2)
(3)When a notice of fare evasion or passenger conduct violation has been served, the person issuing the notice shall file the notice with the processing agency.
(3)
(4)If, after a notice of fare evasion or passenger conduct violation is issued pursuant to this section, the issuing officer determines that there is incorrect data on the notice, including, but not limited to, the date or time, the issuing officer may indicate in writing on a form attached to the original notice the necessary correction to allow for the timely entry of the corrected notice on the processing agencys data system. A copy of the correction shall be mailed to the address provided by the person cited at the time the original notice of fare evasion or passenger conduct violation was served.
(4)
(5)If a person contests a notice of fare evasion or passenger conduct violation, the issuing agency shall proceed in accordance with Section 99581.
(e)In setting the amounts of administrative penalties for the violations listed in subdivision (b), the public transportation agency shall not establish penalty amounts that exceed the maximum fine amount set forth in Section 640 of the Penal Code.
(f)(1)A person who receives a notice of fare evasion or passenger conduct violation pursuant to this section shall not be subject to citation for a violation of Section 640 of the Penal Code. Code, if the person pays the administrative penalty when due or successfully completes the civil administrative process pursuant to this chapter.
(2)A person who fails to pay the administrative penalty when due or successfully complete the civil administrative process pursuant to this chapter may be charged with an infraction or misdemeanor pursuant to Section 640 of the Penal Code.
(3)If a person is charged with an infraction or misdemeanor pursuant to Section 640 of the Penal Code, after failing to pay the administrative penalty or successfully complete the civil administrative process pursuant to this chapter, the processing agency shall dismiss the original notice of fare evasion or passenger conduct violation and make no further attempts to collect the administrative penalty.
(4)A person who is charged with an infraction or misdemeanor pursuant to Section 640 of the Penal Code, after failing to pay the administrative penalty or successfully complete the civil administrative process pursuant to this chapter, shall be personally served by the processing agency with a new notice of fare evasion or passenger conduct violation that sets forth the violation under Section 640 of the Penal Code.
(g)If an entity enacts an ordinance pursuant to this section it shall, both two years and five years after enactment of the ordinance, report all of the following information to the Senate Committee on Transportation and Housing and the Assembly Committee on Transportation:
(1)A description of the ordinance, including the circumstances under which an alleged violator is afforded the opportunity to complete the administrative process.
(2)The amount of the administrative penalties.
(3)The number and types of citations administered pursuant to the ordinance.
(4)To the extent available, a comparison of the number and types of citations administered pursuant to the ordinance with the number and types of citations issued for similar offenses and administered through the courts both in the two years prior to the ordinance and, if any, since enactment of the ordinance.
(5)A discussion of the effect of the ordinance on passenger behavior.
(6)A discussion of the effect of the ordinance on revenues to the entity described in subdivision (a) and, in consultation with the superior courts, the cost savings to the county courts. The superior courts are encouraged to collaborate on and provide data for this report.
SEC. 2.5.Section 99580 of the Public Utilities Code is amended to read:99580.(a)Pursuant to subdivision (e) of Section 640 of the Penal Code, a public transportation agency may enact and enforce an ordinance to impose and enforce an administrative penalty for any of the acts described in subdivision (b). The ordinance shall include the provisions of this chapter and shall not apply to minors.
(b)(1)Evasion of the payment of a fare of the system.
(2)Misuse of a transfer, pass, ticket, or token with the intent to evade the payment of a fare.
(3)Playing unreasonably loud sound equipment on or in a system facility or vehicle. vehicle, or failing to comply with the warning of a transit official related to disturbing another person by loud or unreasonable noise.
(4)Smoking, Smoking a tobacco product, eating, or drinking in or on a system facility or vehicle in those areas where those activities are prohibited by that system.
(5)Expectorating upon a system facility or vehicle.
(6)Willfully disturbing others on or in a system facility or vehicle by engaging in boisterous or unruly behavior.
(7)Carrying an explosive or acid, flammable liquid, or toxic or hazardous material in a system facility or vehicle.
(8)Urinating or defecating in a system facility or vehicle, except in a lavatory. However, this paragraph shall not apply to a person who cannot comply with this paragraph as a result of a disability, age, or a medical condition.
(9)(A)Willfully blocking the free movement of another person in a system facility or vehicle.
(B)This paragraph shall not be interpreted to affect any lawful activities permitted or first amendment First Amendment rights protected under the laws of this state or applicable federal law, including, but not limited to, laws related to collective bargaining, labor relations, or labor disputes.
(10)Skateboarding, roller skating, bicycle riding, or roller blading in a system facility, including a parking structure, or in a system vehicle. This paragraph does not apply to an activity that is necessary for utilization of a system facility by a bicyclist, including, but not limited to, an activity that is necessary for parking a bicycle or transporting a bicycle aboard a system vehicle, if that activity is conducted with the permission of the agency of the system in a manner that does not interfere with the safety of the bicyclist or other patrons of the system facility.
(11)(A)Unauthorized use of a discount ticket or failure to present, upon request from a system representative, acceptable proof of eligibility to use a discount ticket, in accordance with Section 99155, and posted system identification policies when entering or exiting a system station or vehicle. Acceptable proof of eligibility must be clearly defined in the posting.
(B)In the event that If an eligible discount ticket user is not in possession of acceptable proof at the time of request, an issued notice of fare evasion or passenger conduct violation shall be held for a period of 72 hours to allow the user to produce acceptable proof. If the proof is provided, that notice shall be voided. If the proof is not produced within that time period, that notice shall be processed.
(12)Sale Selling or peddling of any goods, merchandise, property, or services of any kind whatsoever on the facilities, vehicles, or property of the public transportation system without the express written consent of the public transportation system or its duly authorized representatives.
(13)Failing to yield seating reserved for an elderly or disabled person.
(c)(1)The public transportation agency may contract with a private vendor or governmental agency for the processing of notices of fare evasion or passenger conduct violation, and notices of delinquent fare evasion or passenger conduct violation pursuant to Section 99581.
(2)For the purpose of this chapter, processing agency means either of the following:
(A)The agency issuing the notice of fare evasion or passenger conduct violation and the notice of delinquent fare evasion or passenger conduct violation.
(B)The party responsible for processing the notice of fare evasion or passenger conduct violation and the notice of delinquent violation, if a contract is entered into pursuant to paragraph (1).
(3)For the purpose of this chapter, fare evasion or passenger conduct violation penalty includes, but is not limited to, a late payment penalty, administrative fee, fine, assessment, and costs of collection as provided for in the ordinance.
(4)For the purpose of this chapter, public transportation agency shall mean a public agency that provides public transportation as defined in paragraph (1) of subdivision (f) of Section 1 of Article XIXA of the California Constitution.
(5)All fare evasion and passenger conduct violation penalties collected pursuant to this chapter shall be deposited in the general fund of the county in which the citation is administered.
(d)(1)If a fare evasion or passenger conduct violation is observed by a person authorized to enforce the ordinance, a notice of fare evasion or passenger conduct violation shall be issued. The notice shall set forth the violation, including reference to the ordinance setting forth the administrative penalty, the date of the violation, the approximate time, and the location where the violation occurred. The notice shall include a printed statement indicating the date payment is required to be made, and the procedure for contesting the notice. The notice shall be served by personal service upon the violator. The notice, or copy of the notice, shall be considered a record kept in the ordinary course of business of the issuing agency and the processing agency, and shall be prima facie evidence of the facts contained in the notice establishing a rebuttable presumption affecting the burden of producing evidence.
(2)When a notice of fare evasion or passenger conduct violation has been served, the person issuing the notice shall file the notice with the processing agency.
(3)If, after a notice of fare evasion or passenger conduct violation is issued pursuant to this section, the issuing officer determines that there is incorrect data on the notice, including, but not limited to, the date or time, the issuing officer may indicate in writing on a form attached to the original notice the necessary correction to allow for the timely entry of the corrected notice on the processing agencys data system. A copy of the correction shall be mailed to the address provided by the person cited at the time the original notice of fare evasion or passenger conduct violation was served.
(4)If a person contests a notice of fare evasion or passenger conduct violation, the issuing agency shall proceed in accordance with Section 99581.
(e)In setting the amounts of administrative penalties for the violations listed in subdivision (b), the public transportation agency shall not establish penalty amounts that exceed the maximum fine amount set forth in Section 640 of the Penal Code.
(f)A person who receives a notice of fare evasion or passenger conduct violation pursuant to this section shall not be subject to citation for a violation of Section 640 of the Penal Code.
(g)If an entity enacts an ordinance pursuant to this section it shall, both two years and five years after enactment of the ordinance, report all of the following information to the Senate Committee on Transportation and Housing and the Assembly Committee on Transportation:
(1)A description of the ordinance, including the circumstances under which an alleged violator is afforded the opportunity to complete the administrative process.
(2)The amount of the administrative penalties.
(3)The number and types of citations administered pursuant to the ordinance.
(4)To the extent available, a comparison of the number and types of citations administered pursuant to the ordinance with the number and types of citations issued for similar offenses and administered through the courts both in the two years prior to the ordinance and, if any, since enactment of the ordinance.
(5)A discussion of the effect of the ordinance on passenger behavior.
(6)A discussion of the effect of the ordinance on revenues to the entity described in subdivision (a) and, in consultation with the superior courts, the cost savings to the county courts. The superior courts are encouraged to collaborate on and provide data for this report.
(h)For purposes of this section, smoking has the meaning of the definition in subdivision (c) of Section 22950.5 of the Business and Professions Code.
(i)For purposes of this section, tobacco product means a product or device as defined in subdivision (d) of Section 22950.5 of the Business and Professions Code.
SEC. 2.7.Section 99580 of the Public Utilities Code is amended to read:99580.(a)Pursuant to subdivision (e) of Section 640 of the Penal Code, a public transportation agency may enact and enforce an ordinance to impose and enforce an administrative penalty for any of the acts described in subdivision (b). The ordinance shall include the provisions of this chapter and shall not apply to minors.
(b)(1)Evasion of the payment of a fare of the system.
(2)Misuse of a transfer, pass, ticket, or token with the intent to evade the payment of a fare.
(3)Playing unreasonably loud sound equipment on or in a system facility or vehicle. vehicle, or failing to comply with the warning of a transit official related to disturbing another person by loud or unreasonable noise.
(4)Smoking, Smoking a tobacco product, eating, or drinking in or on a system facility or vehicle in those areas where those activities are prohibited by that system.
(5)Expectorating upon a system facility or vehicle.
(6)Willfully disturbing others on or in a system facility or vehicle by engaging in boisterous or unruly behavior.
(7)Carrying an explosive or acid, flammable liquid, or toxic or hazardous material in a system facility or vehicle.
(8)Urinating or defecating in a system facility or vehicle, except in a lavatory. However, this paragraph shall not apply to a person who cannot comply with this paragraph as a result of a disability, age, or a medical condition.
(9)(A)Willfully blocking the free movement of another person in a system facility or vehicle.
(B)This paragraph shall not be interpreted to affect any lawful activities permitted or first amendment First Amendment rights protected under the laws of this state or applicable federal law, including, but not limited to, laws related to collective bargaining, labor relations, or labor disputes.
(10)Skateboarding, roller skating, bicycle riding, or roller blading in a system facility, including a parking structure, or in a system vehicle. This paragraph does not apply to an activity that is necessary for utilization of a system facility by a bicyclist, including, but not limited to, an activity that is necessary for parking a bicycle or transporting a bicycle aboard a system vehicle, if that activity is conducted with the permission of the agency of the system in a manner that does not interfere with the safety of the bicyclist or other patrons of the system facility.
(11)(A)Unauthorized use of a discount ticket or failure to present, upon request from a system representative, acceptable proof of eligibility to use a discount ticket, in accordance with Section 99155, and posted system identification policies when entering or exiting a system station or vehicle. Acceptable proof of eligibility must be clearly defined in the posting.
(B)In the event that If an eligible discount ticket user is not in possession of acceptable proof at the time of request, an issued notice of fare evasion or passenger conduct violation shall be held for a period of 72 hours to allow the user to produce acceptable proof. If the proof is provided, that notice shall be voided. If the proof is not produced within that time period, that notice shall be processed.
(12)Sale Selling or peddling of any goods, merchandise, property, or services of any kind whatsoever on the facilities, vehicles, or property of the public transportation system without the express written consent of the public transportation system or its duly authorized representatives.
(13)Failing to yield seating reserved for an elderly or disabled person.
(c)(1)The public transportation agency may contract with a private vendor or governmental agency for the processing of notices of fare evasion or passenger conduct violation, and notices of delinquent fare evasion or passenger conduct violation pursuant to Section 99581.
(2)For the purpose of this chapter, processing agency means either of the following:
(A)The agency issuing the notice of fare evasion or passenger conduct violation and the notice of delinquent fare evasion or passenger conduct violation.
(B)The party responsible for processing the notice of fare evasion or passenger conduct violation and the notice of delinquent violation, if a contract is entered into pursuant to paragraph (1).
(3)For the purpose of this chapter, fare evasion or passenger conduct violation penalty includes, but is not limited to, a late payment penalty, administrative fee, fine, assessment, and costs of collection as provided for in the ordinance.
(4)For the purpose of this chapter, public transportation agency shall mean a public agency that provides public transportation as defined in paragraph (1) of subdivision (f) of Section 1 of Article XIXA of the California Constitution.
(5)All fare evasion and passenger conduct violation penalties collected pursuant to this chapter shall be deposited in the general fund of the county in which the citation is administered.
(d)(1)If a fare evasion or passenger conduct violation is observed by a person authorized to enforce the ordinance, a notice of fare evasion or passenger conduct violation shall be issued. The notice shall set forth all of the following:
(A)The violation, including reference to the ordinance setting forth the administrative penalty.
(B)The date and approximate time of the violation, and the location where the violation occurred.
(C)A printed statement indicating the date payment is required to be made.
(D)The procedure for contesting the notice.
(E)A printed statement that the person may be charged with an infraction or misdemeanor pursuant to Section 640 of the Penal Code if the administrative penalty is not paid when due or dismissed pursuant to the procedure for contesting the notice.
(d)(1)If a fare evasion or passenger conduct violation is observed by a person authorized to enforce the ordinance, a notice of fare evasion or passenger conduct violation shall be issued. The notice shall set forth the violation, including reference to the ordinance setting forth the administrative penalty, the date of the violation, the approximate time, and the location where the violation occurred. The notice shall include a printed statement indicating the date payment is required to be made, and the procedure for contesting the notice. The
(2)The notice shall be served by personal service upon the violator. The notice, or copy of the notice, shall be considered a record kept in the ordinary course of business of the issuing agency and the processing agency, and shall be prima facie evidence of the facts contained in the notice establishing a rebuttable presumption affecting the burden of producing evidence.
(2)
(3)When a notice of fare evasion or passenger conduct violation has been served, the person issuing the notice shall file the notice with the processing agency.
(3)
(4)If, after a notice of fare evasion or passenger conduct violation is issued pursuant to this section, the issuing officer determines that there is incorrect data on the notice, including, but not limited to, the date or time, the issuing officer may indicate in writing on a form attached to the original notice the necessary correction to allow for the timely entry of the corrected notice on the processing agencys data system. A copy of the correction shall be mailed to the address provided by the person cited at the time the original notice of fare evasion or passenger conduct violation was served.
(4)
(5)If a person contests a notice of fare evasion or passenger conduct violation, the issuing agency shall proceed in accordance with Section 99581.
(e)In setting the amounts of administrative penalties for the violations listed in subdivision (b), the public transportation agency shall not establish penalty amounts that exceed the maximum fine amount set forth in Section 640 of the Penal Code.
(f)(1)A person who receives a notice of fare evasion or passenger conduct violation pursuant to this section shall not be subject to citation for a violation of Section 640 of the Penal Code. Code, if the person pays the administrative penalty when due or successfully completes the civil administrative process pursuant to this chapter.
(2)A person who fails to pay the administrative penalty when due or successfully complete the civil administrative process pursuant to this chapter may be charged with an infraction or misdemeanor pursuant to Section 640 of the Penal Code.
(3)If a person is charged with an infraction or misdemeanor pursuant to Section 640 of the Penal Code, after failing to pay the administrative penalty or successfully complete the civil administrative process pursuant to this chapter, the processing agency shall dismiss the original notice of fare evasion or passenger conduct violation and make no further attempts to collect the administrative penalty.
(4)A person who is charged with an infraction or misdemeanor pursuant to Section 640 of the Penal Code, after failing to pay the administrative penalty or successfully complete the civil administrative process pursuant to this chapter, shall be personally served by the processing agency with a new notice of fare evasion or passenger conduct violation that sets forth the violation under Section 640 of the Penal Code.
(g)If an entity enacts an ordinance pursuant to this section it shall, both two years and five years after enactment of the ordinance, report all of the following information to the Senate Committee on Transportation and Housing and the Assembly Committee on Transportation:
(1)A description of the ordinance, including the circumstances under which an alleged violator is afforded the opportunity to complete the administrative process.
(2)The amount of the administrative penalties.
(3)The number and types of citations administered pursuant to the ordinance.
(4)To the extent available, a comparison of the number and types of citations administered pursuant to the ordinance with the number and types of citations issued for similar offenses and administered through the courts both in the two years prior to the ordinance and, if any, since enactment of the ordinance.
(5)A discussion of the effect of the ordinance on passenger behavior.
(6)A discussion of the effect of the ordinance on revenues to the entity described in subdivision (a) and, in consultation with the superior courts, the cost savings to the county courts. The superior courts are encouraged to collaborate on and provide data for this report.
(h)For purposes of this section, smoking has the meaning of the definition in subdivision (c) of Section 22950.5 of the Business and Professions Code.
(i)For purposes of this section, tobacco product means a product or device as defined in subdivision (d) of Section 22950.5 of the Business and Professions Code.
SEC. 3.(a)Section 2.3 of this bill incorporates amendments to Section 99580 of the Public Utilities Code proposed by both this bill and Assembly Bill 869. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2016, (2) each bill amends Section 99580 of the Public Utilities Code, (3) neither Assembly Bill 6 of the Second Extraordinary Session or Senate Bill 5 of the Second Extraordinary Session are enacted or as enacted neither amends Section 99580 of the Public Utilities Code, and (4) this bill is enacted after Assembly Bill 869, in which case Sections 2, 2.5, and 2.7 of this bill shall not become operative.
(b)Section 2.5 of this bill incorporates amendments to Section 99580 of the Public Utilities Code proposed by this bill and Assembly Bill 6 of the Second Extraordinary Session and Senate Bill 5 of the Second Extraordinary Session. It shall only become operative if (1) this bill and either Assembly Bill 6 of the Second Extraordinary Session or Senate Bill 5 of the Second Extraordinary Session, or both of them, are enacted and become effective on or before January 1, 2016, (2) each enacted bill amends Section 99580 of the Public Utilities Code, (3) Assembly Bill 869 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after the other bill or bills, in which case Section 99580 of the Public Utilities Code, as amended by Assembly Bill 6 of the Second Extraordinary Session or Senate Bill 5 of the Second Extraordinary Session shall remain operative only until the operative date of this bill, at which time Section 2.5 of this bill shall become operative and Sections 2, 2.3, and 2.7 of this bill shall not become operative.
(c)Section 2.7 of this bill incorporates amendments to Section 99580 of the Public Utilities Code proposed by this bill, Assembly Bill 869, Assembly Bill 6 of the Second Extraordinary Session, and Senate Bill 5 of the Second Extraordinary Session. It shall only become operative if (1) this bill, Assembly Bill 869, and either Assembly Bill 6 of the Second Extraordinary Session or Senate Bill 5 of the Second Extraordinary Session, or both of them, are enacted and become effective on or before January 1, 2016, (2) each bill amends Section 99580 of the Public Utilities Code, and (3) this bill is enacted after the other bills, in which case Section 99580 of the Public Utilities Code, as amended by Assembly Bill 6 of the Second Extraordinary Session or Senate Bill 5 of the Second Extraordinary Session shall remain operative only until the operative date of this bill, at which time Section 2.7 of this bill shall become operative and Sections 2, 2.3, and 2.5 of this bill shall not become operative.
SEC. 3.SEC. 4.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
(a)(1)Any of the acts described in paragraphs (1) to (6), inclusive, of subdivision (b) is an infraction punishable by a fine not to exceed two hundred fifty dollars ($250) and by community service for a total time not to exceed 48 hours over a period not to exceed 30 days, during a time other than during the violators hours of school attendance or employment. Any of the acts described in paragraphs (1) to (3), inclusive, of subdivision (c), upon a first or second violation, is an infraction punishable by a fine not to exceed two hundred fifty dollars ($250) and by community service for a total time not to exceed 48 hours over a period not to exceed 30 days, during a time other than during the violators hours of school attendance or employment. A third or subsequent violation of any of the acts described in paragraphs (1) to (3), inclusive, of subdivision (c) is a misdemeanor punishable by a fine of not more than four hundred dollars ($400) or by imprisonment in a county jail for a period of not more than 90 days, or by both that fine and imprisonment. Any of the acts described in subdivision (d) shall be punishable by a fine of not more than four hundred dollars ($400), by imprisonment in a county jail for a period of not more than 90 days, or by both that fine and imprisonment.
(2)This section shall apply only to acts committed on or in a facility or vehicle of a public transportation system.
(b)(1)Eating or drinking in or on a system facility or vehicle in areas where those activities are prohibited by that system.
(2)Playing unreasonably loud sound equipment on or in a system facility or vehicle, or failing to comply with the warning of a transit official related to disturbing another person by loud or unreasonable noise.
(3)Smoking in or on a system facility or vehicle in areas where those activities are prohibited by that system.
(4)Expectorating upon a system facility or vehicle.
(5)Skateboarding, roller skating, bicycle riding, roller blading, or operating a motorized scooter or similar device, as defined in Section 407.5 of the Vehicle Code in a system facility, vehicle, or parking structure. This paragraph does not apply to an activity that is necessary for utilization of the transit facility by a bicyclist, including, but not limited to, an activity that is necessary for parking a bicycle or transporting a bicycle aboard a transit vehicle, if that activity is conducted with the permission of the transit agency in a manner that does not interfere with the safety of the bicyclist or other patrons of the transit facility.
(6)Selling or peddling any goods, merchandise, property, or services of any kind whatsoever on the facilities, vehicles, or property of the public transportation system, if the public transportation system has prohibited those acts and neither the public transportation system nor its duly authorized representatives have granted written consent to engage in those acts.
(c)(1)Evasion of the payment of a fare of the system. For purposes of this section, fare evasion includes entering an enclosed area of a public transit facility beyond posted signs prohibiting entrance without obtaining valid fare, in addition to entering a transit vehicle without valid fare.
(2)Misuse of a transfer, pass, ticket, or token with the intent to evade the payment of a fare.
(3)(A)Unauthorized use of a discount ticket or failure to present, upon request from a transit system representative, acceptable proof of eligibility to use a discount ticket, in accordance with Section 99155 of the Public Utilities Code and posted system identification policies when entering or exiting a transit station or vehicle. Acceptable proof of eligibility must be clearly defined in the posting.
(B)In the event that an eligible discount ticket user is not in possession of acceptable proof at the time of request, any citation issued shall be held for a period of 72 hours to allow the user to produce acceptable proof. If the proof is provided, the citation shall be voided. If the proof is not produced within that time period, the citation shall be processed.
(d)(1)Willfully disturbing others on or in a system facility or vehicle by engaging in boisterous or unruly behavior.
(2)Carrying an explosive, acid, or flammable liquid in a public transit facility or vehicle.
(3)Urinating or defecating in a system facility or vehicle, except in a lavatory. However, this paragraph shall not apply to a person who cannot comply with this paragraph as a result of a disability, age, or a medical condition.
(4)Willfully blocking the free movement of another person in a system facility or vehicle. This paragraph shall not be interpreted to affect any lawful activities permitted or First Amendment rights protected under the laws of this state or applicable federal law, including, but not limited to, laws related to collective bargaining, labor relations, or labor disputes.
(5)Willfully tampering with, removing, displacing, injuring, or destroying any part of any facility or vehicle of a public transportation system.
(e)Notwithstanding subdivision (a), a public transportation agency, as defined in paragraph (4) of subdivision (c) of Section 99580 of the Public Utilities Code, may do either of the following:
(1)Enact and enforce an ordinance providing that a person who is the subject of a citation for any of the acts described in subdivision (b) of Section 99580 of the Public Utilities Code on or in a facility or vehicle described in subdivision (a) for which the public transportation agency has jurisdiction shall, under the circumstances set forth by the ordinance, be afforded an opportunity to complete an administrative process that imposes only an administrative penalty enforced in a civil proceeding. The ordinance for imposing and enforcing the administrative penalty shall be governed by Chapter 8 (commencing with Section 99580) of Part 11 of Division 10 of the Public Utilities Code.
(2)Enforce as an infraction pursuant to subdivision (b) the act of failing to yield seating reserved for an elderly or disabled person in a facility or vehicle for which the public transportation agency has jurisdiction, provided that the governing board of the public transportation agency enacts an ordinance to that effect after a public hearing on the issue.
(f)For purposes of this section, a facility or vehicle of a public transportation system means any of the following:
(1)A facility or vehicle of a public transportation system as defined by Section 99211 of the Public Utilities Code.
(2)A facility of, or vehicle operated by any entity subsidized by, the Department of Transportation.
(3)A facility or vehicle of a rail authority, whether owned or leased, including, but not limited to, any part of a railroad, or track of a railroad, or any branch or branchway, switch, turnout, bridge, viaduct, culvert, embankment, station house, or other structure or fixture, or any part thereof, attached or connected to a railroad.
(4)A leased or rented facility or vehicle for which any of the entities described in paragraph (1), (2), or (3) incurs costs of cleanup, repair, or replacement as a result of any of those acts.
SEC. 2.Section 99580 of the Public Utilities Code is amended to read:99580.(a)Pursuant to subdivision (e) of Section 640 of the Penal Code, a public transportation agency may enact and enforce an ordinance to impose and enforce an administrative penalty for any of the acts described in subdivision (b).
(b)(1)Evasion of the payment of a fare of the system.
(2)Misuse of a transfer, pass, ticket, or token with the intent to evade the payment of a fare.
(3)Playing unreasonably loud sound equipment on or in a system facility or vehicle, or failing to comply with the warning of a transit official related to disturbing another person by loud or unreasonable noise.
(4)Smoking, eating, or drinking in or on a system facility or vehicle in those areas where those activities are prohibited by that system.
(5)Expectorating upon a system facility or vehicle.
(6)Willfully disturbing others on or in a system facility or vehicle by engaging in boisterous or unruly behavior.
(7)Carrying an explosive or acid, flammable liquid, or toxic or hazardous material in a system facility or vehicle.
(8)Urinating or defecating in a system facility or vehicle, except in a lavatory. However, this paragraph shall not apply to a person who cannot comply with this paragraph as a result of a disability, age, or a medical condition.
(9)(A)Willfully blocking the free movement of another person in a system facility or vehicle.
(B)This paragraph shall not be interpreted to affect any lawful activities permitted or First Amendment rights protected under the laws of this state or applicable federal law, including, but not limited to, laws related to collective bargaining, labor relations, or labor disputes.
(10)Skateboarding, roller skating, bicycle riding, or roller blading in a system facility, including a parking structure, or in a system vehicle. This paragraph does not apply to an activity that is necessary for utilization of a system facility by a bicyclist, including, but not limited to, an activity that is necessary for parking a bicycle or transporting a bicycle aboard a system vehicle, if that activity is conducted with the permission of the agency of the system in a manner that does not interfere with the safety of the bicyclist or other patrons of the system facility.
(11)(A)Unauthorized use of a discount ticket or failure to present, upon request from a system representative, acceptable proof of eligibility to use a discount ticket, in accordance with Section 99155, and posted system identification policies when entering or exiting a system station or vehicle. Acceptable proof of eligibility must be clearly defined in the posting.
(B)If an eligible discount ticket user is not in possession of acceptable proof at the time of request, an issued notice of fare evasion or passenger conduct violation shall be held for a period of 72 hours to allow the user to produce acceptable proof. If the proof is provided, that notice shall be voided. If the proof is not produced within that time period, that notice shall be processed.
(12)Selling or peddling any goods, merchandise, property, or services of any kind whatsoever on the facilities, vehicles, or property of the public transportation system without the express written consent of the public transportation system or its duly authorized representatives.
(13)Failing to yield seating reserved for an elderly or disabled person.
(c)(1)The public transportation agency may contract with a private vendor or governmental agency for the processing of notices of fare evasion or passenger conduct violation, and notices of delinquent fare evasion or passenger conduct violation pursuant to Section 99581.
(2)For the purpose of this chapter, processing agency means either of the following:
(A)The agency issuing the notice of fare evasion or passenger conduct violation and the notice of delinquent fare evasion or passenger conduct violation.
(B)The party responsible for processing the notice of fare evasion or passenger conduct violation and the notice of delinquent violation, if a contract is entered into pursuant to paragraph (1).
(3)For the purpose of this chapter, fare evasion or passenger conduct violation penalty includes, but is not limited to, a late payment penalty, administrative fee, fine, assessment, and costs of collection as provided for in the ordinance.
(4)For the purpose of this chapter, public transportation agency shall mean a public agency that provides public transportation as defined in paragraph (1) of subdivision (f) of Section 1 of Article XIXA of the California Constitution.
(5)All fare evasion and passenger conduct violation penalties collected pursuant to this chapter shall be deposited in the general fund of the county in which the citation is administered.
(d)(1)If a fare evasion or passenger conduct violation is observed by a person authorized to enforce the ordinance, a notice of fare evasion or passenger conduct violation shall be issued. The notice shall set forth the violation, including reference to the ordinance setting forth the administrative penalty, the date of the violation, the approximate time, and the location where the violation occurred. The notice shall include a printed statement indicating the date payment is required to be made, and the procedure for contesting the notice. The notice shall be served by personal service upon the violator. The notice, or copy of the notice, shall be considered a record kept in the ordinary course of business of the issuing agency and the processing agency, and shall be prima facie evidence of the facts contained in the notice establishing a rebuttable presumption affecting the burden of producing evidence.
(2)When a notice of fare evasion or passenger conduct violation has been served, the person issuing the notice shall file the notice with the processing agency.
(3)If, after a notice of fare evasion or passenger conduct violation is issued pursuant to this section, the issuing officer determines that there is incorrect data on the notice, including, but not limited to, the date or time, the issuing officer may indicate in writing on a form attached to the original notice the necessary correction to allow for the timely entry of the corrected notice on the processing agencys data system. A copy of the correction shall be mailed to the address provided by the person cited at the time the original notice of fare evasion or passenger conduct violation was served.
(4)If a person contests a notice of fare evasion or passenger conduct violation, the issuing agency shall proceed in accordance with Section 99581.
(e)In setting the amounts of administrative penalties for the violations listed in subdivision (b), the public transportation agency shall not establish penalty amounts that exceed the maximum fine amount set forth in Section 640 of the Penal Code.
(f)A person who receives a notice of fare evasion or passenger conduct violation pursuant to this section shall not be subject to citation for a violation of Section 640 of the Penal Code.
(g)If an entity enacts an ordinance pursuant to this section it shall, both two years and five years after enactment of the ordinance, report all of the following information to the Senate Committee on Transportation and Housing and the Assembly Committee on Transportation:
(1)A description of the ordinance, including the circumstances under which an alleged violator is afforded the opportunity to complete the administrative process.
(2)The amount of the administrative penalties.
(3)The number and types of citations administered pursuant to the ordinance.
(4)To the extent available, a comparison of the number and types of citations administered pursuant to the ordinance with the number and types of citations issued for similar offenses and administered through the courts both in the two years prior to the ordinance and, if any, since enactment of the ordinance.
(5)A discussion of the effect of the ordinance on passenger behavior.
(6)A discussion of the effect of the ordinance on revenues to the entity described in subdivision (a) and, in consultation with the superior courts, the cost savings to the county courts. The superior courts are encouraged to collaborate on and provide data for this report.
SEC. 3.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
(a)(1)Any of the acts described in paragraphs (1) to (6), inclusive, of subdivision (b) is an infraction punishable by a fine not to exceed two hundred fifty dollars ($250) and by community service for a total time not to exceed 48 hours over a period not to exceed 30 days, during a time other than during the violators hours of school attendance or employment. Any of the acts described in paragraphs (1) to (3), inclusive, of subdivision (c), upon a first or second violation, is an infraction punishable by a fine not to exceed two hundred fifty dollars ($250) and by community service for a total time not to exceed 48 hours over a period not to exceed 30 days, during a time other than during the violators hours of school attendance or employment. A third or subsequent violation of any of the acts described in paragraphs (1) to (3), inclusive, of subdivision (c) is a misdemeanor punishable by a fine of not more than four hundred dollars ($400) or by imprisonment in a county jail for a period of not more than 90 days, or by both that fine and imprisonment. Any of the acts described in subdivision (d) shall be punishable by a fine of not more than four hundred dollars ($400), by imprisonment in a county jail for a period of not more than 90 days, or by both that fine and imprisonment.
(2)This section shall apply only to acts committed on or in a facility or vehicle of a public transportation system.
(b)(1)Eating or drinking in or on a system facility or vehicle in areas where those activities are prohibited by that system.
(2)Playing sound equipment on or in a system facility or vehicle, or failing to comply with the warning of a transit official related to disturbing another person by loud or unreasonable noise.
(3)Smoking in or on a system facility or vehicle in areas where those activities are prohibited by that system.
(4)Expectorating upon a system facility or vehicle.
(5)Skateboarding, roller skating, bicycle riding, roller blading, or operating a motorized scooter or similar device, as defined in Section 407.5 of the Vehicle Code in a system facility, vehicle, or parking structure. This paragraph does not apply to an activity that is necessary for utilization of the transit facility by a bicyclist, including, but not limited to, an activity that is necessary for parking a bicycle or transporting a bicycle aboard a transit vehicle, if that activity is conducted with the permission of the transit agency in a manner that does not interfere with the safety of the bicyclist or other patrons of the transit facility.
(6)Failing to yield seating reserved for an elderly or disabled person. Selling or peddling any goods, merchandise, property, or services of any kind whatsoever on the facilities, vehicles, or property of the public transportation system, if the public transportation system has prohibited those acts and neither the public transportation system nor its duly authorized representatives have granted written consent to engage in those acts.
(c)(1)Evasion of the payment of a fare of the system. For purposes of this section, fare evasion includes entering an enclosed area of a public transit facility beyond posted signs prohibiting entrance without obtaining valid fare, in addition to entering a transit vehicle without valid fare.
(2)Misuse of a transfer, pass, ticket, or token with the intent to evade the payment of a fare.
(3)(A)Unauthorized use of a discount ticket or failure to present, upon request from a transit system representative, acceptable proof of eligibility to use a discount ticket, in accordance with Section 99155 of the Public Utilities Code and posted system identification policies when entering or exiting a transit station or vehicle. Acceptable proof of eligibility must be clearly defined in the posting.
(B)In the event that an eligible discount ticket user is not in possession of acceptable proof at the time of request, any citation issued shall be held for a period of 72 hours to allow the user to produce acceptable proof. If the proof is provided, the citation shall be voided. If the proof is not produced within that time period, the citation shall be processed.
(4)Selling or peddling any goods, merchandise, property, or services of any kind whatsoever on the facilities, vehicles, or property of the public transportation system, if the public transportation system has prohibited those acts and neither the public transportation system nor its duly authorized representatives have granted written consent to engage in those acts.
(d)(1)Willfully disturbing others on or in a system facility or vehicle by engaging in boisterous or unruly behavior.
(2)Carrying an explosive, acid, or flammable liquid in a public transit facility or vehicle.
(3)Urinating or defecating in a system facility or vehicle, except in a lavatory. However, this paragraph shall not apply to a person who cannot comply with this paragraph as a result of a disability, age, or a medical condition.
(4)Willfully blocking the free movement of another person in a system facility or vehicle. This paragraph shall not be interpreted to affect any lawful activities permitted or First Amendment rights protected under the laws of this state or applicable federal law, including, but not limited to, laws related to collective bargaining, labor relations, or labor disputes.
(5)Willfully tampering with, removing, displacing, injuring, or destroying any part of any facility or vehicle of a public transportation system.
(e)Notwithstanding subdivision (a), a public transportation agency, as defined in paragraph (4) of subdivision (c) of Section 99580 of the Public Utilities Code, may enact do either of the following:
(1)Enact and enforce an ordinance providing that a person who is the subject of a citation for any of the acts described in subdivision (b) of Section 99580 of the Public Utilities Code on or in a facility or vehicle described in subdivision (a) for which the public transportation agency has jurisdiction shall, under the circumstances set forth by the ordinance, be afforded an opportunity to complete an administrative process that imposes only an administrative penalty enforced in a civil proceeding. The ordinance for imposing and enforcing the administrative penalty shall be governed by Chapter 8 (commencing with Section 99580) of Part 11 of Division 10 of the Public Utilities Code.
(2)Enforce as an infraction pursuant to subdivision (b) the act of failing to yield seating reserved for an elderly or disabled person in a facility or vehicle for which the public transportation agency has jurisdiction, provided that the governing board of the public transportation agency enacts an ordinance to that effect after a public hearing on the issue.
(f)For purposes of this section, a facility or vehicle of a public transportation system means any of the following:
(1)A facility or vehicle of a public transportation system as defined by Section 99211 of the Public Utilities Code.
(2)A facility of, or vehicle operated by any entity subsidized by, the Department of Transportation.
(3)A facility or vehicle of a rail authority, whether owned or leased, including, but not limited to, any part of a railroad, or track of a railroad, or any branch or branchway, switch, turnout, bridge, viaduct, culvert, embankment, station house, or other structure or fixture, or any part thereof, attached or connected to a railroad.
(4)A leased or rented facility or vehicle for which any of the entities described in paragraph (1), (2), or (3) incurs costs of cleanup, repair, or replacement as a result of any of those acts.
SEC. 2.Section 99580 of the Public Utilities Code is amended to read:99580.(a)Pursuant to subdivision (e) of Section 640 of the Penal Code, a public transportation agency may enact and enforce an ordinance to impose and enforce an administrative penalty for any of the acts described in subdivision (b).
(b)(1)Evasion of the payment of a fare of the system.
(2)Misuse of a transfer, pass, ticket, or token with the intent to evade the payment of a fare.
(3)Playing sound equipment on or in a system facility or vehicle, or failing to comply with the warning of a transit official related to disturbing another person by loud or unreasonable noise.
(4)Smoking, eating, or drinking in or on a system facility or vehicle in those areas where those activities are prohibited by that system.
(5)Expectorating upon a system facility or vehicle.
(6)Willfully disturbing others on or in a system facility or vehicle by engaging in boisterous or unruly behavior.
(7)Carrying an explosive or acid, flammable liquid, or toxic or hazardous material in a system facility or vehicle.
(8)Urinating or defecating in a system facility or vehicle, except in a lavatory. However, this paragraph shall not apply to a person who cannot comply with this paragraph as a result of a disability, age, or a medical condition.
(9)(A)Willfully blocking the free movement of another person in a system facility or vehicle.
(B)This paragraph shall not be interpreted to affect any lawful activities permitted or First Amendment rights protected under the laws of this state or applicable federal law, including, but not limited to, laws related to collective bargaining, labor relations, or labor disputes.
(10)Skateboarding, roller skating, bicycle riding, or roller blading in a system facility, including a parking structure, or in a system vehicle. This paragraph does not apply to an activity that is necessary for utilization of a system facility by a bicyclist, including, but not limited to, an activity that is necessary for parking a bicycle or transporting a bicycle aboard a system vehicle, if that activity is conducted with the permission of the agency of the system in a manner that does not interfere with the safety of the bicyclist or other patrons of the system facility.
(11)(A)Unauthorized use of a discount ticket or failure to present, upon request from a system representative, acceptable proof of eligibility to use a discount ticket, in accordance with Section 99155, and posted system identification policies when entering or exiting a system station or vehicle. Acceptable proof of eligibility must be clearly defined in the posting.
(B)In the event that If an eligible discount ticket user is not in possession of acceptable proof at the time of request, an issued notice of fare evasion or passenger conduct violation shall be held for a period of 72 hours to allow the user to produce acceptable proof. If the proof is provided, that notice shall be voided. If the proof is not produced within that time period, that notice shall be processed.
(12)Selling or peddling any goods, merchandise, property, or services of any kind whatsoever on the facilities, vehicles, or property of the public transportation system without the express written consent of the public transportation system or its duly authorized representatives.
(13)Failing to yield seating reserved for an elderly or disabled person.
(c)(1)The public transportation agency may contract with a private vendor or governmental agency for the processing of notices of fare evasion or passenger conduct violation, and notices of delinquent fare evasion or passenger conduct violation pursuant to Section 99581.
(2)For the purpose of this chapter, processing agency means either of the following:
(A)The agency issuing the notice of fare evasion or passenger conduct violation and the notice of delinquent fare evasion or passenger conduct violation.
(B)The party responsible for processing the notice of fare evasion or passenger conduct violation and the notice of delinquent violation, if a contract is entered into pursuant to paragraph (1).
(3)For the purpose of this chapter, fare evasion or passenger conduct violation penalty includes, but is not limited to, a late payment penalty, administrative fee, fine, assessment, and costs of collection as provided for in the ordinance.
(4)For the purpose of this chapter, public transportation agency shall mean a public agency that provides public transportation as defined in paragraph (1) of subdivision (f) of Section 1 of Article XIXA of the California Constitution.
(5)All fare evasion and passenger conduct violation penalties collected pursuant to this chapter shall be deposited in the general fund of the county in which the citation is administered.
(d)(1)If a fare evasion or passenger conduct violation is observed by a person authorized to enforce the ordinance, a notice of fare evasion or passenger conduct violation shall be issued. The notice shall set forth the violation, including reference to the ordinance setting forth the administrative penalty, the date of the violation, the approximate time, and the location where the violation occurred. The notice shall include a printed statement indicating the date payment is required to be made, and the procedure for contesting the notice. The notice shall be served by personal service upon the violator. The notice, or copy of the notice, shall be considered a record kept in the ordinary course of business of the issuing agency and the processing agency, and shall be prima facie evidence of the facts contained in the notice establishing a rebuttable presumption affecting the burden of producing evidence.
(2)When a notice of fare evasion or passenger conduct violation has been served, the person issuing the notice shall file the notice with the processing agency.
(3)If, after a notice of fare evasion or passenger conduct violation is issued pursuant to this section, the issuing officer determines that there is incorrect data on the notice, including, but not limited to, the date or time, the issuing officer may indicate in writing on a form attached to the original notice the necessary correction to allow for the timely entry of the corrected notice on the processing agencys data system. A copy of the correction shall be mailed to the address provided by the person cited at the time the original notice of fare evasion or passenger conduct violation was served.
(4)If a person contests a notice of fare evasion or passenger conduct violation, the issuing agency shall proceed in accordance with Section 99581.
(e)In setting the amounts of administrative penalties for the violations listed in subdivision (b), the public transportation agency shall not establish penalty amounts that exceed the maximum fine amount set forth in Section 640 of the Penal Code.
(f)A person who receives a notice of fare evasion or passenger conduct violation pursuant to this section shall not be subject to citation for a violation of Section 640 of the Penal Code.
(g)If an entity enacts an ordinance pursuant to this section it shall, both two years and five years after enactment of the ordinance, report all of the following information to the Senate Committee on Transportation and Housing and the Assembly Committee on Transportation:
(1)A description of the ordinance, including the circumstances under which an alleged violator is afforded the opportunity to complete the administrative process.
(2)The amount of the administrative penalties.
(3)The number and types of citations administered pursuant to the ordinance.
(4)To the extent available, a comparison of the number and types of citations administered pursuant to the ordinance with the number and types of citations issued for similar offenses and administered through the courts both in the two years prior to the ordinance and, if any, since enactment of the ordinance.
(5)A discussion of the effect of the ordinance on passenger behavior.
(6)A discussion of the effect of the ordinance on revenues to the entity described in subdivision (a) and, in consultation with the superior courts, the cost savings to the county courts. The superior courts are encouraged to collaborate on and provide data for this report.
SEC. 3.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
(a)(1)Any of the acts described in paragraphs (1) to (6), inclusive, of subdivision (b) is an infraction punishable by a fine not to exceed two hundred fifty dollars ($250) and by community service for a total time not to exceed 48 hours over a period not to exceed 30 days, during a time other than during the violators hours of school attendance or employment. Any of the acts described in paragraphs (1) to (3), inclusive, of subdivision (c), upon a first or second violation, is an infraction punishable by a fine not to exceed two hundred fifty dollars ($250) and by community service for a total time not to exceed 48 hours over a period not to exceed 30 days, during a time other than during the violators hours of school attendance or employment. A third or subsequent violation of any of the acts described in paragraphs (1) to (3), inclusive, of subdivision (c) is a misdemeanor punishable by a fine of not more than four hundred dollars ($400) or by imprisonment in a county jail for a period of not more than 90 days, or by both that fine and imprisonment. Any of the acts described in subdivision (d) shall be punishable by a fine of not more than four hundred dollars ($400), by imprisonment in a county jail for a period of not more than 90 days, or by both that fine and imprisonment.
(2)This section shall apply only to acts committed on or in a facility or vehicle of a public transportation system.
(b)(1)Eating or drinking in or on a system facility or vehicle in areas where those activities are prohibited by that system.
(2)Playing sound equipment on or in a system facility or vehicle, or failing to comply with the warning of a transit official related to disturbing another person by loud or unreasonable noise.
(3)Smoking in or on a system facility or vehicle in areas where those activities are prohibited by that system.
(4)Expectorating upon a system facility or vehicle.
(5)Skateboarding, roller skating, bicycle riding, roller blading, or operating a motorized scooter or similar device, as defined in Section 407.5 of the Vehicle Code in a system facility, vehicle, or parking structure. This paragraph does not apply to an activity that is necessary for utilization of the transit facility by a bicyclist, including, but not limited to, an activity that is necessary for parking a bicycle or transporting a bicycle aboard a transit vehicle, if that activity is conducted with the permission of the transit agency in a manner that does not interfere with the safety of the bicyclist or other patrons of the transit facility.
(6)Selling or peddling any goods, merchandise, property, or services of any kind whatsoever on the facilities, vehicles, or property of the public transportation system, if the public transportation system has prohibited those acts and neither the public transportation system nor its duly authorized representatives have granted written consent to engage in those acts.
(6)Failing to yield seating reserved for an elderly or disabled person.
(c)(1)Evasion of the payment of a fare of the system. For purposes of this section, fare evasion includes entering an enclosed area of a public transit facility beyond posted signs prohibiting entrance without obtaining valid fare, in addition to entering a transit vehicle without valid fare.
(2)Misuse of a transfer, pass, ticket, or token with the intent to evade the payment of a fare.
(3)(A)Unauthorized use of a discount ticket or failure to present, upon request from a transit system representative, acceptable proof of eligibility to use a discount ticket, in accordance with Section 99155 of the Public Utilities Code and posted system identification policies when entering or exiting a transit station or vehicle. Acceptable proof of eligibility must be clearly defined in the posting.
(B)In the event that an eligible discount ticket user is not in possession of acceptable proof at the time of request, any citation issued shall be held for a period of 72 hours to allow the user to produce acceptable proof. If the proof is provided, the citation shall be voided. If the proof is not produced within that time period, the citation shall be processed.
(4)Selling or peddling any goods, merchandise, property, or services of any kind whatsoever on the facilities, vehicles, or property of the public transportation system, if the public transportation system has prohibited those acts and neither the public transportation system nor its duly authorized representatives have granted written consent to engage in those acts.
(d)(1)Willfully disturbing others on or in a system facility or vehicle by engaging in boisterous or unruly behavior.
(2)Carrying an explosive, acid, or flammable liquid in a public transit facility or vehicle.
(3)Urinating or defecating in a system facility or vehicle, except in a lavatory. However, this paragraph shall not apply to a person who cannot comply with this paragraph as a result of a disability, age, or a medical condition.
(4)Willfully blocking the free movement of another person in a system facility or vehicle. This paragraph shall not be interpreted to affect any lawful activities permitted or First Amendment rights protected under the laws of this state or applicable federal law, including, but not limited to, laws related to collective bargaining, labor relations, or labor disputes.
(5)Willfully tampering with, removing, displacing, injuring, or destroying any part of any facility or vehicle of a public transportation system.
(e)Notwithstanding subdivision (a), a public transportation agency, as defined in paragraph (4) of subdivision (c) of Section 99580 of the Public Utilities Code, may enact and enforce an ordinance providing that a person who is the subject of a citation for any of the acts described in subdivision (b) of Section 99580 of the Public Utilities Code on or in a facility or vehicle described in subdivision (a) for which the public transportation agency has jurisdiction shall, under the circumstances set forth by the ordinance, be afforded an opportunity to complete an administrative process that imposes only an administrative penalty enforced in a civil proceeding. The ordinance for imposing and enforcing the administrative penalty shall be governed by Chapter 8 (commencing with Section 99580) of Part 11 of Division 10 of the Public Utilities Code.
(f)For purposes of this section, a facility or vehicle of a public transportation system means any of the following:
(1)A facility or vehicle of a public transportation system as defined by Section 99211 of the Public Utilities Code.
(2)A facility of, or vehicle operated by any entity subsidized by, the Department of Transportation.
(3)A facility or vehicle of the Southern California Regional Rail Authority, whether owned or leased.
(3)A facility or vehicle of a rail authority, whether owned or leased, including, but not limited to, any part of a railroad, or track of a railroad, or any branch or branchway, switch, turnout, bridge, viaduct, culvert, embankment, station house, or other structure or fixture, or any part thereof, attached or connected to a railroad.
(4)A leased or rented facility or vehicle for which any of the entities described in paragraph (1), (2), or (3) incurs costs of cleanup, repair, or replacement as a result of any of those acts.
SEC. 2.Section 99580 of the Public Utilities Code is amended to read:99580.(a)Pursuant to subdivision (e) of Section 640 of the Penal Code, a public transportation agency may enact and enforce an ordinance to impose and enforce an administrative penalty for any of the acts described in subdivision (b).
(b)(1)Evasion of the payment of a fare of the system.
(2)Misuse of a transfer, pass, ticket, or token with the intent to evade the payment of a fare.
(3)Playing sound equipment on or in a system facility or vehicle, or failing to comply with the warning of a transit official related to disturbing another person by loud or unreasonable noise.
(4)Smoking, eating, or drinking in or on a system facility or vehicle in those areas where those activities are prohibited by that system.
(5)Expectorating upon a system facility or vehicle.
(6)Willfully disturbing others on or in a system facility or vehicle by engaging in boisterous or unruly behavior.
(7)Carrying an explosive or acid, flammable liquid, or toxic or hazardous material in a system facility or vehicle.
(8)Urinating or defecating in a system facility or vehicle, except in a lavatory. However, this paragraph shall not apply to a person who cannot comply with this paragraph as a result of a disability, age, or a medical condition.
(9)(A)Willfully blocking the free movement of another person in a system facility or vehicle.
(B)This paragraph shall not be interpreted to affect any lawful activities permitted or First Amendment rights protected under the laws of this state or applicable federal law, including, but not limited to, laws related to collective bargaining, labor relations, or labor disputes.
(10)Skateboarding, roller skating, bicycle riding, or roller blading in a system facility, including a parking structure, or in a system vehicle. This paragraph does not apply to an activity that is necessary for utilization of a system facility by a bicyclist, including, but not limited to, an activity that is necessary for parking a bicycle or transporting a bicycle aboard a system vehicle, if that activity is conducted with the permission of the agency of the system in a manner that does not interfere with the safety of the bicyclist or other patrons of the system facility.
(11)(A)Unauthorized use of a discount ticket or failure to present, upon request from a system representative, acceptable proof of eligibility to use a discount ticket, in accordance with Section 99155, and posted system identification policies when entering or exiting a system station or vehicle. Acceptable proof of eligibility must be clearly defined in the posting.
(B)In the event that an eligible discount ticket user is not in possession of acceptable proof at the time of request, an issued notice of fare evasion or passenger conduct violation shall be held for a period of 72 hours to allow the user to produce acceptable proof. If the proof is provided, that notice shall be voided. If the proof is not produced within that time period, that notice shall be processed.
(12)Selling or peddling any goods, merchandise, property, or services of any kind whatsoever on the facilities, vehicles, or property of the public transportation system without the express written consent of the public transportation system or its duly authorized representatives.
(13)Failing to yield seating reserved for an elderly or disabled person.
(c)(1)The public transportation agency may contract with a private vendor or governmental agency for the processing of notices of fare evasion or passenger conduct violation, and notices of delinquent fare evasion or passenger conduct violation pursuant to Section 99581.
(2)For the purpose of this chapter, processing agency means either of the following:
(A)The agency issuing the notice of fare evasion or passenger conduct violation and the notice of delinquent fare evasion or passenger conduct violation.
(B)The party responsible for processing the notice of fare evasion or passenger conduct violation and the notice of delinquent violation, if a contract is entered into pursuant to paragraph (1).
(3)For the purpose of this chapter, fare evasion or passenger conduct violation penalty includes, but is not limited to, a late payment penalty, administrative fee, fine, assessment, and costs of collection as provided for in the ordinance.
(4)For the purpose of this chapter, public transportation agency shall mean a public agency that provides public transportation as defined in paragraph (1) of subdivision (f) of Section 1 of Article XIXA of the California Constitution.
(5)All fare evasion and passenger conduct violation penalties collected pursuant to this chapter shall be deposited in the general fund of the county in which the citation is administered.
(d)(1)If a fare evasion or passenger conduct violation is observed by a person authorized to enforce the ordinance, a notice of fare evasion or passenger conduct violation shall be issued. The notice shall set forth the violation, including reference to the ordinance setting forth the administrative penalty, the date of the violation, the approximate time, and the location where the violation occurred. The notice shall include a printed statement indicating the date payment is required to be made, and the procedure for contesting the notice. The notice shall be served by personal service upon the violator. The notice, or copy of the notice, shall be considered a record kept in the ordinary course of business of the issuing agency and the processing agency, and shall be prima facie evidence of the facts contained in the notice establishing a rebuttable presumption affecting the burden of producing evidence.
(2)When a notice of fare evasion or passenger conduct violation has been served, the person issuing the notice shall file the notice with the processing agency.
(3)If, after a notice of fare evasion or passenger conduct violation is issued pursuant to this section, the issuing officer determines that there is incorrect data on the notice, including, but not limited to, the date or time, the issuing officer may indicate in writing on a form attached to the original notice the necessary correction to allow for the timely entry of the corrected notice on the processing agencys data system. A copy of the correction shall be mailed to the address provided by the person cited at the time the original notice of fare evasion or passenger conduct violation was served.
(4)If a person contests a notice of fare evasion or passenger conduct violation, the issuing agency shall proceed in accordance with Section 99581.
(e)In setting the amounts of administrative penalties for the violations listed in subdivision (b), the public transportation agency shall not establish penalty amounts that exceed the maximum fine amount set forth in Section 640 of the Penal Code.
(f)A person who receives a notice of fare evasion or passenger conduct violation pursuant to this section shall not be subject to citation for a violation of Section 640 of the Penal Code.
(g)If an entity enacts an ordinance pursuant to this section it shall, both two years and five years after enactment of the ordinance, report all of the following information to the Senate Committee on Transportation and Housing and the Assembly Committee on Transportation:
(1)A description of the ordinance, including the circumstances under which an alleged violator is afforded the opportunity to complete the administrative process.
(2)The amount of the administrative penalties.
(3)The number and types of citations administered pursuant to the ordinance.
(4)To the extent available, a comparison of the number and types of citations administered pursuant to the ordinance with the number and types of citations issued for similar offenses and administered through the courts both in the two years prior to the ordinance and, if any, since enactment of the ordinance.
(5)A discussion of the effect of the ordinance on passenger behavior.
(6)A discussion of the effect of the ordinance on revenues to the entity described in subdivision (a) and, in consultation with the superior courts, the cost savings to the county courts. The superior courts are encouraged to collaborate on and provide data for this report.
SEC. 3.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
(a)(1)Any of the acts described in paragraphs (1) to (6), inclusive, of subdivision (b) is an infraction punishable by a fine not to exceed two hundred fifty dollars ($250) and by community service for a total time not to exceed 48 hours over a period not to exceed 30 days, during a time other than during the violators hours of school attendance or employment. Any of the acts described in paragraphs (1) to (3), inclusive, of subdivision (c), upon a first or second violation, is an infraction punishable by a fine not to exceed two hundred fifty dollars ($250) and by community service for a total time not to exceed 48 hours over a period not to exceed 30 days, during a time other than during the violators hours of school attendance or employment. A third or subsequent violation of any of the acts described in paragraphs (1) to (3), inclusive, of subdivision (c) is a misdemeanor punishable by a fine of not more than four hundred dollars ($400) or by imprisonment in a county jail for a period of not more than 90 days, or by both that fine and imprisonment. Any of the acts described in subdivision (d) shall be punishable by a fine of not more than four hundred dollars ($400), by imprisonment in a county jail for a period of not more than 90 days, or by both that fine and imprisonment.
(2)This section shall apply only to acts committed on or in a facility or vehicle of a public transportation system.
(b)(1)Eating or drinking in or on a system facility or vehicle in areas where those activities are prohibited by that system.
(2)Disturbing Playing sound equipment on or in a system facility or vehicle, or failing to comply with the warning of a transit official related to disturbing another person by loud or unreasonable noise.
(3)Smoking in or on a system facility or vehicle in areas where those activities are prohibited by that system.
(4)Expectorating upon a system facility or vehicle.
(5)Skateboarding, roller skating, bicycle riding, roller blading, or operating a motorized scooter or similar device, as defined in Section 407.5 of the Vehicle Code in a system facility, vehicle, or parking structure. This paragraph does not apply to an activity that is necessary for utilization of the transit facility by a bicyclist, including, but not limited to, an activity that is necessary for parking a bicycle or transporting a bicycle aboard a transit vehicle, if that activity is conducted with the permission of the transit agency in a manner that does not interfere with the safety of the bicyclist or other patrons of the transit facility.
(6)Sale Selling or peddling of any goods, merchandise, property, or services of any kind whatsoever on the facilities, vehicles, or property of the public transportation system, if the public transportation system has prohibited those acts and neither the public transportation system nor its duly authorized representatives have granted written consent to engage in those acts.
(c)(1)Evasion of the payment of a fare of the system. For purposes of this section, fare evasion includes entering an enclosed area of a public transit facility beyond posted signs prohibiting entrance without obtaining valid fare, in addition to entering a transit vehicle without valid fare.
(2)Misuse of a transfer, pass, ticket, or token with the intent to evade the payment of a fare.
(3)(A)Unauthorized use of a discount ticket or failure to present, upon request from a transit system representative, acceptable proof of eligibility to use a discount ticket, in accordance with Section 99155 of the Public Utilities Code and posted system identification policies when entering or exiting a transit station or vehicle. Acceptable proof of eligibility must be clearly defined in the posting.
(B)In the event that an eligible discount ticket user is not in possession of acceptable proof at the time of request, any citation issued shall be held for a period of 72 hours to allow the user to produce acceptable proof. If the proof is provided, the citation shall be voided. If the proof is not produced within that time period, the citation shall be processed.
(d)(1)Willfully disturbing others on or in a system facility or vehicle by engaging in boisterous or unruly behavior.
(2)Carrying an explosive, acid, or flammable liquid in a public transit facility or vehicle.
(3)Urinating or defecating in a system facility or vehicle, except in a lavatory. However, this paragraph shall not apply to a person who cannot comply with this paragraph as a result of a disability, age, or a medical condition.
(4)Willfully blocking the free movement of another person in a system facility or vehicle. This paragraph shall not be interpreted to affect any lawful activities permitted or First Amendment rights protected under the laws of this state or applicable federal law, including, but not limited to, laws related to collective bargaining, labor relations, or labor disputes.
(5)Willfully tampering with, removing, displacing, injuring, or destroying any part of any facility or vehicle of a public transportation system.
(e)Notwithstanding subdivision (a), a public transportation agency, as defined in paragraph (4) of subdivision (c) of Section 99580 of the Public Utilities Code, may enact and enforce an ordinance providing that a person who is the subject of a citation for any of the acts described in subdivision (b) of Section 99580 of the Public Utilities Code on or in a facility or vehicle described in subdivision (a) for which the public transportation agency has jurisdiction shall, under the circumstances set forth by the ordinance, be afforded an opportunity to complete an administrative process that imposes only an administrative penalty enforced in a civil proceeding. The ordinance for imposing and enforcing the administrative penalty shall be governed by Chapter 8 (commencing with Section 99580) of Part 11 of Division 10 of the Public Utilities Code and shall not apply to minors.
(f)For purposes of this section, a facility or vehicle of a public transportation system means any of the following:
(1)A facility or vehicle of a public transportation system as defined by Section 99211 of the Public Utilities Code.
(2)A facility of, or vehicle operated by any entity subsidized by, the Department of Transportation.
(3)A facility or vehicle of the Southern California Regional Rail Authority, whether owned or leased.
(4)A leased or rented facility or vehicle for which any of the entities described in paragraph (1), (2), or (3) incurs costs of cleanup, repair, or replacement as a result of any of those acts.
SEC. 2.Section 99580 of the Public Utilities Code is amended to read:99580.(a)Pursuant to subdivision (e) of Section 640 of the Penal Code, a public transportation agency may enact and enforce an ordinance to impose and enforce an administrative penalty for any of the acts described in subdivision (b). The ordinance shall include the provisions of this chapter and shall not apply to minors.
(b)(1)Evasion of the payment of a fare of the system.
(2)Misuse of a transfer, pass, ticket, or token with the intent to evade the payment of a fare.
(3)Playing sound equipment on or in a system facility or vehicle, or failing to comply with the warning of a transit official related to disturbing another person by loud or unreasonable noise.
(4)Smoking, eating, or drinking in or on a system facility or vehicle in those areas where those activities are prohibited by that system.
(5)Expectorating upon a system facility or vehicle.
(6)Willfully disturbing others on or in a system facility or vehicle by engaging in boisterous or unruly behavior.
(7)Carrying an explosive or acid, flammable liquid, or toxic or hazardous material in a system facility or vehicle.
(8)Urinating or defecating in a system facility or vehicle, except in a lavatory. However, this paragraph shall not apply to a person who cannot comply with this paragraph as a result of a disability, age, or a medical condition.
(9)(A)Willfully blocking the free movement of another person in a system facility or vehicle.
(B)This paragraph shall not be interpreted to affect any lawful activities permitted or first amendment rights protected under the laws of this state or applicable federal law, including, but not limited to, laws related to collective bargaining, labor relations, or labor disputes.
(10)Skateboarding, roller skating, bicycle riding, or roller blading in a system facility, including a parking structure, or in a system vehicle. This paragraph does not apply to an activity that is necessary for utilization of a system facility by a bicyclist, including, but not limited to, an activity that is necessary for parking a bicycle or transporting a bicycle aboard a system vehicle, if that activity is conducted with the permission of the agency of the system in a manner that does not interfere with the safety of the bicyclist or other patrons of the system facility.
(11)(A)Unauthorized use of a discount ticket or failure to present, upon request from a system representative, acceptable proof of eligibility to use a discount ticket, in accordance with Section 99155, and posted system identification policies when entering or exiting a system station or vehicle. Acceptable proof of eligibility must be clearly defined in the posting.
(B)In the event that an eligible discount ticket user is not in possession of acceptable proof at the time of request, an issued notice of fare evasion or passenger conduct violation shall be held for a period of 72 hours to allow the user to produce acceptable proof. If the proof is provided, that notice shall be voided. If the proof is not produced within that time period, that notice shall be processed.
(12)Sale Selling or peddling of any goods, merchandise, property, or services of any kind whatsoever on the facilities, vehicles, or property of the public transportation system without the express written consent of the public transportation system or its duly authorized representatives.
(13)Failing to yield seating reserved for an elderly or disabled person.
(c)(1)The public transportation agency may contract with a private vendor or governmental agency for the processing of notices of fare evasion or passenger conduct violation, and notices of delinquent fare evasion or passenger conduct violation pursuant to Section 99581.
(2)For the purpose of this chapter, processing agency means either of the following:
(A)The agency issuing the notice of fare evasion or passenger conduct violation and the notice of delinquent fare evasion or passenger conduct violation.
(B)The party responsible for processing the notice of fare evasion or passenger conduct violation and the notice of delinquent violation, if a contract is entered into pursuant to paragraph (1).
(3)For the purpose of this chapter, fare evasion or passenger conduct violation penalty includes, but is not limited to, a late payment penalty, administrative fee, fine, assessment, and costs of collection as provided for in the ordinance.
(4)For the purpose of this chapter, public transportation agency shall mean a public agency that provides public transportation as defined in paragraph (1) of subdivision (f) of Section 1 of Article XIXA of the California Constitution.
(5)All fare evasion and passenger conduct violation penalties collected pursuant to this chapter shall be deposited in the general fund of the county in which the citation is administered.
(d)(1)If a fare evasion or passenger conduct violation is observed by a person authorized to enforce the ordinance, a notice of fare evasion or passenger conduct violation shall be issued. The notice shall set forth the violation, including reference to the ordinance setting forth the administrative penalty, the date of the violation, the approximate time, and the location where the violation occurred. The notice shall include a printed statement indicating the date payment is required to be made, and the procedure for contesting the notice. The notice shall be served by personal service upon the violator. The notice, or copy of the notice, shall be considered a record kept in the ordinary course of business of the issuing agency and the processing agency, and shall be prima facie evidence of the facts contained in the notice establishing a rebuttable presumption affecting the burden of producing evidence.
(2)When a notice of fare evasion or passenger conduct violation has been served, the person issuing the notice shall file the notice with the processing agency.
(3)If, after a notice of fare evasion or passenger conduct violation is issued pursuant to this section, the issuing officer determines that there is incorrect data on the notice, including, but not limited to, the date or time, the issuing officer may indicate in writing on a form attached to the original notice the necessary correction to allow for the timely entry of the corrected notice on the processing agencys data system. A copy of the correction shall be mailed to the address provided by the person cited at the time the original notice of fare evasion or passenger conduct violation was served.
(4)If a person contests a notice of fare evasion or passenger conduct violation, the issuing agency shall proceed in accordance with Section 99581.
(e)In setting the amounts of administrative penalties for the violations listed in subdivision (b), the public transportation agency shall not establish penalty amounts that exceed the maximum fine amount set forth in Section 640 of the Penal Code.
(f)A person who receives a notice of fare evasion or passenger conduct violation pursuant to this section shall not be subject to citation for a violation of Section 640 of the Penal Code.
(g)If an entity enacts an ordinance pursuant to this section it shall, both two years and five years after enactment of the ordinance, report all of the following information to the Senate Committee on Transportation and Housing and the Assembly Committee on Transportation:
(1)A description of the ordinance, including the circumstances under which an alleged violator is afforded the opportunity to complete the administrative process.
(2)The amount of the administrative penalties.
(3)The number and types of citations administered pursuant to the ordinance.
(4)To the extent available, a comparison of the number and types of citations administered pursuant to the ordinance with the number and types of citations issued for similar offenses and administered through the courts both in the two years prior to the ordinance and, if any, since enactment of the ordinance.
(5)A discussion of the effect of the ordinance on passenger behavior.
(6)A discussion of the effect of the ordinance on revenues to the entity described in subdivision (a) and, in consultation with the superior courts, the cost savings to the county courts. The superior courts are encouraged to collaborate on and provide data for this report.
SEC. 3.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
|
Date
|
Status
|
|---|---|
| Sep 8, 2015 | Read third time. Passed. Ordered to the Senate. |
| Jul 14, 2015 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (July 14). Re-referred to Com. on APPR. |
| Aug 19, 2015 | From committee: Do pass. Ordered to consent calendar. (Ayes 17. Noes 0.) (August 19). |
| Aug 20, 2015 | Read second time. Ordered to consent calendar. |
| Aug 24, 2015 | From consent calendar on motion of Assembly Member Cristina Garcia. |
| Aug 24, 2015 | Ordered to third reading. |
| Sep 3, 2015 | Ordered to third reading. |
| Sep 3, 2015 | Read third time and amended. |
| Sep 8, 2015 | In Senate. Concurrence in Assembly amendments pending. |
| Jul 1, 2015 | Read second time and amended. Re-referred to Com. on PUB. S. |
| Sep 8, 2015 | Read third time. Passed. (Ayes 78. Noes 0. Page 2949.) Ordered to the Senate. |
| Sep 10, 2015 | Assembly amendments concurred in. (Ayes 39. Noes 0.) Ordered to engrossing and enrolling. |
| Sep 10, 2015 | Assembly amendments concurred in. (Ayes 40. Noes 0. Page 2665.) Ordered to engrossing and enrolling. |
| Sep 10, 2015 | Assembly amendments concurred in. (Ayes 40. Noes 0.) Ordered to engrossing and enrolling. |
| Sep 15, 2015 | Enrolled and presented to the Governor at 9:30 a.m. |
| Oct 10, 2015 | Approved by the Governor. |
| Oct 10, 2015 | Chaptered by Secretary of State. Chapter 765, Statutes of 2015. |
| May 19, 2015 | Read second time. Ordered to third reading. |
| Feb 26, 2015 | From printer. May be acted upon on or after March 28. |
| Mar 5, 2015 | Referred to Com. on T. & H. |
| Apr 14, 2015 | Set for hearing April 28. |
| Apr 16, 2015 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on T. & H. |
| Apr 29, 2015 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 11. Noes 0. Page 825.) (April 28). Re-referred to Com. on APPR. |
| Apr 29, 2015 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 11. Noes 0.) (April 28). Re-referred to Com. on APPR. |
| May 8, 2015 | Set for hearing May 18. |
| May 18, 2015 | From committee: Be ordered to second reading pursuant to Senate Rule 28.8. |
| Feb 25, 2015 | Introduced. Read first time. To Com. on RLS. for assignment. To print. |
| May 28, 2015 | In Assembly. Read first time. Held at Desk. |
| May 28, 2015 | Read third time. Passed. (Ayes 40. Noes 0. Page 1115.) Ordered to the Assembly. |
| May 28, 2015 | Read third time. Passed. (Ayes 40. Noes 0.) Ordered to the Assembly. |
| Jun 4, 2015 | Referred to Coms. on TRANS. and PUB. S. |
| Jun 17, 2015 | June 22 hearing postponed by committee. |
| Jun 22, 2015 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on TRANS. |
| Jun 30, 2015 | From committee: Do pass as amended and re-refer to Com. on PUB. S. (Ayes 16. Noes 0.) (June 29). |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Sep 10, 2015 | Unfinished Business SB413 Wieckowski Concurrence | Senate Floor |
Passed |
|
| Sep 8, 2015 | SB 413 Wieckowski Senate Third Reading By CHIU | Assembly Floor |
Passed |
|
| Aug 19, 2015 | Do pass. To Consent Calendar. | Assembly Standing Committee on Appropriations |
Passed |
|
| Jul 14, 2015 | Do pass and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Public Safety |
Passed |
|
| Jun 29, 2015 | Do pass as amended and be re-referred to the Committee on [Public Safety] | Assembly Standing Committee on Transportation |
Passed |
|
| May 28, 2015 | Senate 3rd Reading SB413 Wieckowski | Senate Floor |
Passed |
|
| Apr 28, 2015 | Do pass, but first be re-referred to the Committee on [Appropriations] | Senate Standing Committee on Transportation and Housing |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| Arcata and Mad River Transit System | ** Support | Sep 3, 2015 |
| California Transit Association | ** Support | Sep 8, 2015 |
| City and County of San Francisco | ** Support | Sep 3, 2015 |
| Free MUNI For Youth Coalition | ** Support | Sep 8, 2015 |
| Legal Services for Prisoners with Children | ** Against | Sep 8, 2015 |
| Los Angeles County Sheriff'S Department | ** Support | Sep 3, 2015 |
| Monterey-Salinas Transit | ** Support | Sep 3, 2015 |
| PUB. S. | ** Against | Sep 3, 2015 |
| Samtrans Caltrain | * Indeterminate | Apr 28, 2015 |
| San Bernardino Associated Governments | ** Support | Sep 3, 2015 |
| San Francisco Bay Area Rapid Transit District | ** Support | Sep 8, 2015 |
| San Francisco Municipal Transportation Agency | ** Support | Sep 8, 2015 |
| San Francisco Municipal Transportation Authority | ** Indeterminate | Apr 28, 2015 |
| San Francisco Youth Commission | ** Support | Sep 3, 2015 |
| Santa Clara County Valley Transportation Authority | ** Support | Sep 3, 2015 |
| Santa Clara Valley Transportation Authority | ** Support | Sep 8, 2015 |
| Shaw/Yoder/Antwih, Inc. | ** Indeterminate | Apr 28, 2015 |
| Solano County Transit | ** Support | Sep 8, 2015 |
| Transportation Agency For Monterey County | ** Support | Sep 3, 2015 |
| Youth Law Center | ** Against | Sep 8, 2015 |
SB 413
Page 4
|
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 |
UNFINISHED BUSINESS
Bill No: SB 413
Amended: 9/3/15
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.
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.
Existing law:
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:
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.
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 present acceptable proof of eligibility to use a discount ticket.
This bill:
Includes minors as potential violators of all delineated infractions.
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.
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.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: 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.
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
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
Prepared by: Eric Thronson / T. & H. / (916) 651-4121
9/8/15 21:12:02
**** END ****
SB 413
Page 3
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, 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:
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.
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.
Allows transit operators to levy administrative penalties against minors who have committed certain violations on their systems.
Clarifies what constitutes rail transit property.
Makes related, clarifying amendments.
Adds provisions from AB 869 (Cooper), AB 6 X2 (Cooper), and SB 5 X2 (Leno) of the current legislative session, to avoid 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 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.
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 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
SB 413
Page 3
SENATE THIRD READING
SB 413
(Wieckowski)
As Amended July 1, 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, 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:
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.
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.
Allows transit operators to levy administrative penalties against minors who have committed certain violations on their systems.
Clarifies what constitutes rail transit property.
Makes related, clarifying amendments.
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 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.
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 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: 0001502
Date of Hearing: August 19, 2015
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Jimmy Gomez, Chair
SB 413
(Wieckowski) – As Amended July 1, 2015
Policy Committee: |
Transportation |
Vote: |
16 - 0 |
|
Public Safety |
|
7 - 0 |
|
|
|
|
Urgency: No State Mandated Local Program: Yes Reimbursable: No
SUMMARY:
This bill modifies statutes governing prohibited conduct on public transit property, as defined. Specifically, this bill:
Makes failing to yield seating reserved for elderly or disabled persons on public transit property, as defined, punishable as an infraction, provided that the governing board of the public transportation agency enacts an ordinance following a public hearing on the issue.
Clarifies that playing unreasonably loud 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 unreasonably loud noise is punishable as an infraction.
Expands transit operators' authority to levy administrative penalties for specified violations on their property, to include violations caused by minors.
FISCAL EFFECT:
Potential nonreimbursable costs to public transit operators for enforcement, offset to some extent by fine revenues.
COMMENTS:
Purpose. According to the author, transit agencies need 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. This bill, sponsored by the California Transit Association, provides for an administrative process for minors to resolve citations (as an alternative to going to court), clarifies various statutes with respect to noise violations, and clarifies what constitutes rail authority property for purpose of enforcement, and provides transit officers the ability to enforce certain provisions of the Americans with Disabilities Act.
Background. SB 1749 (Migden), Chapter 258, Statutes of 2006, authorized certain transit operators to enforce administrative penalties for transit violations, but specifically precluded minors with the intention that forcing minors to go to court would serve as a deterrent to engaging in prohibited conduct, thus minors are instead required to enter the court system with respect to transit citations. The author asserts that this overburdens the court system, however, and believes that also authorizing agencies to resolve transit citations involving minors administratively would be more expeditious and cost-effective.
Analysis Prepared by: Chuck Nicol / APPR. / (916) 319-2081
SB 413
Page 5
Date of Hearing: July 14, 2015
Counsel: Gabriel Caswell
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Bill Quirk, Chair
SB 413
(Wieckowski) – As Amended July 1, 2015
SUMMARY: Specifies that local jurisdictions may pass ordinances that permit the issuance of infraction tickets for failing to yield a seat to an elderly or disabled person, or for playing sound equipment in an unreasonably loud manner, and allows transit operators to levy administrative penalties against minors for specified transit violations. Specifically, this bill:
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.
Clarifies that playing unreasonably loud 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 unreasonably loud noise is punishable as an infraction.
Allows transit operators to levy administrative penalties against minors who have committed certain violations on their systems.
Clarifies what constitutes rail transit property.
Makes related, clarifying amendments.
EXISTING LAW:
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: (Pen. Code, § 640, subds. (a) & (b).)
Eating, drinking, or smoking in areas where those activities are prohibited;
Disturbing other people with loud or unreasonable noise;
Expectorating;
Skateboarding, roller blading, bicycle riding, or operating a motorized scooter or similar device, as specified; and,
Selling or peddling goods, merchandise, property, or services as prohibited by the public transportation system.
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. (Pub. & Util. Code, § 99580.)
Provides for misdemeanor penalties (for third or subsequent offenses) for adults engaging in various forms of fare evasion. (Pen. Code, § 640 subds. (c) & (d).
FISCAL EFFECT:
COMMENTS:
Author's Statement: According to the author, "Beginning with SB 1749 (Migden) in 2006, transit agencies have sought authority to enforce administrative penalties against those who have committed minor violations. When the City and County of San Francisco initially pushed for the statute, it intentionally did not apply the process to minors as it was thought, at the time, that keeping minors in the judicial system might act as a deterrent to committing future violations. Subsequent legislation expanded the list of specified violations and increased the number of transit agencies authorized to seek administrative penalties against violators. This bill is needed to subject minors to an administrative process for resolving violations in the same manner as adults, removing them from the criminal process. Allowing administrative adjudication for minors reduces pressure on the court system, which has experienced severe cuts over the years. SB 413 also enables transit systems to immediately enforce ADA requirements if they have approved an ordinance in a public hearing. Currently, they have little recourse when attempting to enforce reserved seating for disabled and elderly passengers. The bill is also necessary to provide uniformity on what constitutes noise violations on a transit property. Currently, the violation for excessive noise differs between the codes."
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 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, 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 contended in the Assembly Transportation Committee 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. The YLC suggested amending the bill to specify "unreasonably" loud music.
To respond to the contention of the YLC, the author amended the bill in the Assembly Transportation Committee to specify "unreasonably loud music." The argument in opposition below was sent prior to the amendment taken on July 1, 2015.
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 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.
Argument in Support: According to the San Francisco Municipal Transit Agency, "This bill would amend Public Utilities Code § 99580 and Penal Code § 640 to allow transit agencies to use the administrative process afforded to them under PUC § 99580 to cite and process minors in violation of specified prohibited acts (e.g. fare evasion, smoking where prohibited) occurring on transit vehicles and facilities. In doing so, minors could be subject to an administrative process for resolving violations in the same manner as adults, removing them from the criminal process in certain jurisdictions. This change is important for jurisdictions like San Francisco which has established a free-transit for low-income youth program, with an estimated 48,000 youth eligible to participate. Key goals of this program are to increase youth transit ridership, improve school attendance and eliminate the fear and stigma attached to fare evasion enforcement.
"By retaining the jurisdiction for administration of the transit
violations for youth in the court system, an undue burden is placed
on children and families by requiring them to appear in court during
school and/or work hours. Adults, on the other hand, are able to
simply pay or protest their violation by mail, online, or by phone.
In addition, adults charged with fare evasion pay a $109
administrative fee, while juveniles may be subject to criminal
penalties and administrative fees up to $380. Failure to appear in
court may also result in a warrant being issued and further criminal
penalties."
Argument in Opposition: According to the Youth Law Center, "While we are gratified with the language about criminalizing failure to yield one's seat to elderly or disabled people now requires the enactment of a specific ordinance, after a hearing, we are still concerned with specific parts of the language. In particular,
"SEC. 2. Section 99580 of the Public Utilities Code is amended to read:…(b)(3) Playing loud sound equipment on or in a system facility or vehicle, or failing to comply with the warning of a transit official related to disturbing another person by loud or unreasonable noise.
"This language is overbroad and would criminalize typical teenage behavior, such as playing an iPod or other music streaming device on the bus, without regard to whether it is bothering anyone. In our view, the language should be amended to require that the use of sound equipment is excessively loud or disturbing and continues after the person has been asked to stop. For example:
"(b) Failing to comply with the request of a transit official to stop playing sound equipment or in a system facility that produces by loud or unreasonable noise.
"Also, we are still concerned about the general thrust of this
bill. While we understand the need to maintain peace and order on
public transit vehicles, we are concerned that the infraction system
will just make things worse for the predominantly poor young people
who use public transit. As every parent knows, even 'good'
teenagers can be thoughtless, noisy (especially in the company of
peers), and obnoxious. Subjecting them and their families to the
infraction process for behavior that is a predicable part of
adolescent development will not address the underlying issues. In
fact, it will have negative consequences when they are unable to
negotiate the online infraction process or simply do not have the
means to pay.
Related Legislation:
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.
Prior 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
City and County of San Francisco
Los Angeles County Sheriff's Department
San Bernardino Associated Governments
San Francisco Bay Area Rapid Transit District
San Francisco Municipal Transportation Agency
San Francisco Youth Commission
Santa Clara County Valley Transportation Authority
Solano County Transit
Southern California Regional Rail Authority (Metrolink)
Transportation Agency for Monterey County
Opposition
Legal Services for Prisoners with Children
Youth Law Center
Analysis Prepared by: Gabriel Caswell / PUB. S. / (916) 319-3744
SB 413
Page 4
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:
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.
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.
Allows transit operators to levy administrative penalties against minors who have committed certain violations on their systems.
Clarifies what constitutes rail transit property.
Makes related, clarifying amendments.
EXISTING LAW:
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:
Eating, drinking, or smoking in areas where those activities are prohibited;
Disturbing other people with loud or unreasonable noise;
Expectorating;
Skateboarding, roller blading, bicycle riding, or operating a motorized scooter or similar device, as specified; and,
Selling or peddling goods, merchandise, property, or services as prohibited by the public transportation system.
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.
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 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 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 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.
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)
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
SB 413
Page 3
|
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 |
THIRD READING
Bill No: SB 413
Amended: 4/16/15
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
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.
Existing law 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:
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.
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 present acceptable proof of eligibility to use a discount ticket.
This bill:
Includes minors as potential violators of all delineated infractions.
Specifies that the “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.
Adds failing to yield seating reserved for an elderly or disabled person to the list of Tier 1 infractions.
Increases from Tier 1 to Tier 2 the penalty for the sale or peddling of goods, merchandise, property, or services without written consent.
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.
Why is peddling goods so bad? This bill increases the potential penalty for the sale or peddling of goods on transit property without written consent. This violation is being elevated from the realm of eating or drinking or spitting on a transit vehicle to be akin to fare evasion or fraud. It is unclear why violators of this infraction need to be treated more harshly than they have in the past.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
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
OPPOSITION: (Verified 5/19/15)
Legal Services for Prisoners with Children
Youth Law Center
Prepared by: Eric Thronson / T. & H. / (916) 651-4121
5/21/15 10:33:03
**** END ****
SB 413 (Wieckowski) Page 3 of 3
SENATE COMMITTEE ON TRANSPORTATION AND HOUSING
Senator Jim Beall, Chair
2015 - 2016 Regular
Bill No: SB 413 Hearing Date: 4/28/2015
Author: |
Wieckowski |
||
Version: |
4/16/2015 |
||
Urgency: |
No |
Fiscal: |
Yes |
Consultant: |
Eric Thronson |
||
SUBJECT: Public transit: prohibited conduct
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.
ANALYSIS:
Existing law 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:
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
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 present acceptable proof of eligibility to use a discount ticket
This bill:
Includes minors as potential violators of all delineated infractions
Specifies that the “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
Adds failing to yield seating reserved for an elderly or disabled person to the list of Tier 1 infractions
Increases from Tier 1 to Tier 2 the penalty for the sale or peddling of goods, merchandise, property, or services without written consent
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.
Why is peddling goods so bad? This bill increases the potential penalty for the sale or peddling of goods on transit property without written consent. This violation is being elevated from the realm of eating or drinking or spitting on a transit vehicle to be akin to fare evasion or fraud. It is unclear why violators of this infraction need to be treated more harshly than they have in the past. The committee may wish to ask the author for justification of increasing the penalty for the sale or peddling of wares on transit property.
Related Legislation:
AB 869 (Cooper) — relates to the process by which transit operators levy administrative penalties for fare evasion. This bill is currently pending in the Assembly Appropriations Committee.
SB 24 (Hill) — restricts 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. This bill is currently pending in the Senate Appropriations Committee.
SB 140 (Leno) — defines “smoking” to include the use of e-cigarettes, and references this definition in relation to the smoking activity included in existing law as an infraction on a transit property. This bill is currently pending in the Senate Appropriations Committee.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
POSITIONS: (Communicated to the committee before noon on Wednesday,
April 22, 2015.)
SUPPORT:
California Transit Association (sponsor)
Free MUNI For Youth Coalition
San Francisco Municipal Transportation Agency
San Francisco Bay Area Rapid Transit District (BART)
Santa Clara Valley Transportation Authority
OPPOSITION:
None received
-- END --
Bill Author
Bill Co-Author(s):