SB 614: Public transportation agencies: administrative penalties.
- Session Year: 2017-2018
- House: Senate
- Latest Version Date: 2017-09-01
Existing law makes it a crime, punishable as an infraction or misdemeanor, as applicable, for a person to commit certain acts on or in a facility or vehicle of a public transportation system. Existing law authorizes a public transportation agency to adopt and enforce an ordinance to impose and enforce civil administrative penalties for fare evasion and other passenger misconduct on or in a transit facility or vehicle in lieu of the criminal penalties otherwise applicable. In setting the amounts of administrative penalties for fare evasion and other passenger misconduct violations, existing law prohibits a public transportation agency from establishing penalty amounts that exceed the maximum penalty amount established for the criminal penalties. Existing law requires these administrative penalties to be deposited in the general fund of the county in which the citation is administered.
This bill would instead require the administrative penalties to be deposited with the public transportation agency that issued the citation. In setting the amount of administrative penalties for fare evasion and other passenger misconduct violations, the bill would instead prohibit a public transportation agency from establishing penalty amounts that exceed $125 upon a first or 2nd violation and $200 upon a 3rd or subsequent violation.
Existing law provides, following a determination by a hearing officer that a person has committed a fare evasion or passenger conduct violation, that the hearing officer may allow payment of the fare evasion or passenger conduct penalty in installments or deferred payment if the person provides satisfactory evidence of an inability to pay the fare evasion or passenger conduct penalty in full. Existing law also provides that if authorized by the issuing agency, the hearing officer may permit the performance of community service in lieu of payment of the fare evasion or passenger conduct penalty.
This bill would make offering the performance of community service in lieu of payment of the fare evasion or passenger conduct penalty mandatory to persons under 18 years of age and persons who provide satisfactory evidence of an inability to pay the fare evasion or passenger conduct penalty in full. The bill would provide that the issuing agency is not required to permit the performance of community service in lieu of payment for a fare evasion or passenger conduct penalty if the person has had more than 3 fare evasion or passenger conduct penalties for which the person was permitted to perform community service and did not complete that community service, provided that the person was offered a community service placement and was given adequate time to comply with the community service requirement. The bill would make offering payment of the fare evasion or passenger conduct penalty or penalties in installments or deferred payment mandatory if the total amount of fines is $200 or more and the person provides satisfactory evidence of an inability to pay the penalty or penalties in full.
Existing law makes it a crime, punishable as an infraction or misdemeanor, as applicable, for a person to commit certain acts on or in a facility or vehicle of a public transportation system. Existing law authorizes a public transportation agency to adopt and enforce an ordinance to impose and enforce civil administrative penalties for fare evasion and other passenger misconduct on or in a transit facility or vehicle in lieu of the criminal penalties otherwise applicable. In setting the amounts of administrative penalties for fare evasion and other passenger misconduct violations, existing law prohibits a public transportation agency from establishing penalty amounts that exceed the maximum penalty amount established for the criminal penalties. Existing law requires these administrative penalties to be deposited in the general fund of the county in which the citation is administered.
This bill would instead require the administrative penalties to be deposited with the public transportation agency that issued the citation. In setting the amount of administrative penalties for fare evasion and other passenger misconduct violations, the bill would instead prohibit a public transportation agency from establishing penalty amounts that exceed $125 upon a first or 2nd violation and $200 upon a 3rd or subsequent violation.
Existing law provides, following a determination by a hearing officer that a person has committed a fare evasion or passenger conduct violation, that the hearing officer may allow payment of the fare evasion or passenger conduct penalty in installments or deferred payment if the person provides satisfactory evidence of an inability to pay the fare evasion or passenger conduct penalty in full. Existing law also provides that if authorized by the issuing agency, the hearing officer may permit the performance of community service in lieu of payment of the fare evasion or passenger conduct penalty.
This bill would make offering the performance of community service in lieu of payment of the fare evasion or passenger conduct penalty mandatory to persons under 18 years of age and persons who provide satisfactory evidence of an inability to pay the fare evasion or passenger conduct penalty in full. The bill would provide that the issuing agency is not required to permit the performance of community service in lieu of payment for a fare evasion or passenger conduct penalty if the person has had more than 3 fare evasion or passenger conduct penalties for which the person was permitted to perform community service and did not complete that community service, provided that the person was offered a community service placement and was given adequate time to comply with the community service requirement. The bill would make offering payment of the fare evasion or passenger conduct penalty or penalties in installments or deferred payment mandatory if the total amount of fines is $200 or more and the person provides satisfactory evidence of an inability to pay the penalty or penalties in full.
Existing law makes it a crime, punishable as an infraction or misdemeanor, as applicable, for a person to commit certain acts on or in a facility or vehicle of a public transportation system. Existing law authorizes a public transportation agency to adopt and enforce an ordinance to impose and enforce civil administrative penalties for fare evasion and other passenger misconduct on or in a transit facility or vehicle in lieu of the criminal penalties otherwise applicable. In setting the amounts of administrative penalties for fare evasion and other passenger misconduct violations, existing law prohibits a public transportation agency from establishing penalty amounts that exceed the maximum penalty amount established for the criminal penalties. Existing law requires these administrative penalties to be deposited in the general fund of the county in which the citation is administered.
This bill would instead require the administrative penalties to be deposited with the public transportation agency that issued the citation. In setting the amount of administrative penalties for fare evasion and other passenger misconduct violations, the bill would instead prohibit a public transportation agency from establishing penalty amounts that exceed $125 upon a first or 2nd violation and $200 upon a 3rd or subsequent violation.
Existing law provides, following a determination by a hearing officer that a person has committed a fare evasion or passenger conduct violation, that the hearing officer may allow payment of the fare evasion or passenger conduct penalty in installments or deferred payment if the person provides satisfactory evidence of an inability to pay the fare evasion or passenger conduct penalty in full. Existing law also provides that if authorized by the issuing agency, the hearing officer may permit the performance of community service in lieu of payment of the fare evasion or passenger conduct penalty.
This bill would make offering the performance of community service in lieu of payment of the fare evasion or passenger conduct penalty mandatory to persons under 18 years of age and persons who provide satisfactory evidence of an inability to pay the fare evasion or passenger conduct penalty in full. The bill would provide that the issuing agency is not required to permit the performance of community service in lieu of payment for a fare evasion or passenger conduct penalty if the person has had more than 3 fare evasion or passenger conduct penalties for which the person was permitted to perform community service and did not complete that community service, provided that the person was offered a community service placement and was given adequate time to comply with the community service requirement. The bill would make offering payment of the fare evasion or passenger conduct penalty or penalties in installments or deferred payment mandatory if the total amount of fines is $200 or more and the person provides satisfactory evidence of an inability to pay the penalty or penalties in full.
Existing law makes it a crime, punishable as an infraction or misdemeanor, as applicable, for a person to commit certain acts on or in a facility or vehicle of a public transportation system. Existing law authorizes a public transportation agency to adopt and enforce an ordinance to impose and enforce civil administrative penalties for fare evasion and other passenger misconduct on or in a transit facility or vehicle in lieu of the criminal penalties otherwise applicable. In setting the amounts of administrative penalties for fare evasion and other passenger misconduct violations, existing law prohibits a public transportation agency from establishing penalty amounts that exceed the maximum penalty amount established for the criminal penalties. Existing law requires these administrative penalties to be deposited in the general fund of the county in which the citation is administered.
This bill would instead require the administrative penalties to be deposited with the public transportation agency that issued the citation. In setting the amount of administrative penalties for fare evasion and other passenger misconduct violations, the bill would instead prohibit a public transportation agency from establishing penalty amounts that exceed $125 upon a first or 2nd violation and $200 upon a 3rd or subsequent violation.
Existing law provides, following a determination by a hearing officer that a person has committed a fare evasion or passenger conduct violation, that the hearing officer may allow payment of the fare evasion or passenger conduct penalty in installments or deferred payment if the person provides satisfactory evidence of an inability to pay the fare evasion or passenger conduct penalty in full. Existing law also provides that if authorized by the issuing agency, the hearing officer may permit the performance of community service in lieu of payment of the fare evasion or passenger conduct penalty.
This bill would instead require an issuing agency to permit make offering the performance of community service in lieu of payment of the fare evasion or passenger conduct penalty but would limit this option to mandatory to persons under 18 years of age and persons who provide satisfactory evidence of an inability to pay the fare evasion or passenger conduct penalty in full. The bill would make offering payment of the fare evasion or passenger conduct penalty or penalties in installments or deferred payment mandatory if the total amount of fines is $200 or more and the person provides satisfactory evidence of an inability to pay the penalty or penalties in full.
Existing law makes it a crime, punishable as an infraction or misdemeanor, as applicable, for a person to commit certain acts on or in a facility or vehicle of a public transportation system. Existing law authorizes a public transportation agency to adopt and enforce an ordinance to impose and enforce civil administrative penalties for certain fare evasion and other passenger misconduct on or in a transit facility or vehicle. vehicle in lieu of the criminal penalties otherwise applicable. In setting the amounts of administrative penalties for fare evasion and other passenger misconduct violations, existing law prohibits a public transportation agency from establishing penalty amounts that exceed the maximum penalty amount established for the criminal penalties. Existing law requires these administrative penalties to be deposited in the general fund of the county in which the citation is administered.
This bill would instead require the administrative penalties to be deposited with the public transportation agency that issued the citation. In setting the amount of administrative penalties for fare evasion and other passenger misconduct violations, the bill would instead prohibit a public transportation agency from establishing penalty amounts that exceed $125 upon a first or 2nd violation and $200 upon a 3rd or subsequent violation.
Existing law provides, following a determination by a hearing officer that a person has committed a fare evasion or passenger conduct violation, that the hearing officer may allow payment of the fare evasion or passenger conduct penalty in installments or deferred payment if the person provides satisfactory evidence of an inability to pay the fare evasion or passenger conduct penalty in full. Existing law also provides that if authorized by the issuing agency, the hearing officer may permit the performance of community service in lieu of payment of the fare evasion or passenger conduct penalty.
This bill would instead require an issuing agency to permit the performance of community service in lieu of payment of the fare evasion or passenger conduct penalty but would limit this option to persons under 18 years of age and persons who provide satisfactory evidence of an inability to pay the fare evasion or passenger conduct penalty in full.
Existing law authorizes a public transportation agency to adopt and enforce an ordinance to impose and enforce civil administrative penalties for certain passenger misconduct on or in a transit facility or vehicle. Existing law requires these penalties to be deposited in the general fund of the county in which the citation is administered.
This bill would instead require the penalties to be deposited with the public transportation agency that issued the citation.
(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. Except as provided in subdivision (g), 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. Except as provided in subdivision (g), 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, a 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 a facility or vehicle of a public transportation system.
(e)Notwithstanding subdivision (a) or (g), 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, 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, an 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.
(g)A minor shall not be charged with an infraction or a misdemeanor for violation of paragraphs (1) to (3), inclusive, of subdivision (c). Nothing in this subdivision shall limit the ability of a public transportation agency to assess an administrative penalty as established in paragraph (1) of subdivision (e) and in Section 99580 of the Public Utilities Code, not to exceed one hundred twenty-five dollars ($125) upon a first or second violation and not to exceed two hundred dollars ($200) upon a third or subsequent violation, to permit the performance of community service in lieu of payment of the fare evasion or passenger conduct penalty pursuant to Section 99580 of the Public Utilities Code, or to allow payment of the fare evasion or passenger conduct penalty in installments or deferred payment pursuant to Section 99580 of the Public Utilities Code.
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 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 with the public transportation agency that issued the citation.
(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 one hundred twenty-five dollars ($125) upon a first or second violation and two hundred dollars ($200) upon a third or subsequent violation.
(f)The issuing agency shall allow payment of the fare evasion or passenger conduct penalty or penalties in installments or deferred payment if the total amount of the fines is two hundred dollars ($200) or more and the person provides satisfactory evidence of an inability to pay the penalty or penalties in full.
(g)(1)Except as provided in paragraph (2), the issuing agency shall permit the performance of community service in lieu of payment of the fare evasion or passenger conduct penalty if the person is under 18 years of age or if the person provides satisfactory evidence of an inability to pay the fare evasion or passenger conduct penalty in full. The issuing agency may require the performance of community service at transit facilities, as defined in subdivision (f) of Section 640 of the Penal Code.
(2)The issuing agency is not required to permit the performance of community service in lieu of payment for a fare evasion or passenger conduct penalty if the person has had more than three fare evasion or passenger conduct penalties for which he or she was permitted to perform community service pursuant to paragraph (1), and did not complete any community service, provided that the person was offered a community service placement and was given adequate time to comply with the community service requirement.
(h)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.
(i)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.
(j)For purposes of this section, smoking has the same meaning as in subdivision (c) of Section 22950.5 of the Business and Professions Code.
(k)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.Section 99581 of the Public Utilities Code is amended to read:99581.(a)For a period of 21 calendar days from the issuance to a person of the notice of fare evasion or passenger conduct violation, the person may request an initial review of the violation by the issuing agency. The request may be made by telephone, in writing, or in person. There shall be no charge for this review. If, following the initial review, the issuing agency is satisfied that the violation did not occur or that extenuating circumstances make dismissal of the administrative penalty appropriate in the interest of justice, the issuing agency shall cancel the notice. The issuing agency shall advise the processing agency, if any, of the cancellation. The issuing agency or the processing agency shall mail the results of the initial review to the person contesting the notice and if following that review, cancellation of the notice does not occur, the agency shall include a reason for that denial, notification of the ability to request an administrative hearing, and notice of the procedure adopted pursuant to subdivision (b) for waiving prepayment of the penalty based upon inability to pay.
(b)If the person is dissatisfied with the results of the initial review, the person may request an administrative hearing of the violation no later than 21 calendar days following the mailing of the results of the issuing agencys initial review. The request may be made by telephone, in writing, or in person. The person requesting an administrative hearing shall deposit with the processing agency the amount due under the notice for which the administrative hearing is requested. The issuing agency shall adopt a written procedure to allow a person to request an administrative hearing without payment of the amount due upon satisfactory proof of an inability to pay the amount due. An administrative hearing shall be held within 90 calendar days following the receipt of a request for an administrative hearing, excluding time tolled pursuant to this chapter. The person requesting the hearing may request one continuance, not to exceed 21 calendar days.
(c)The administrative hearing process shall include all of the following:
(1)The person requesting a hearing shall have the choice of a hearing by mail or in person. An in-person hearing shall be conducted within the jurisdiction of the issuing agency. If an issuing agency contracts with a private vendor pursuant to paragraph (1) of subdivision (c) of Section 99580, hearings shall be held within the jurisdiction of the issuing agency.
(2)The administrative hearing shall be conducted in accordance with written procedures established by the issuing agency and approved by the governing body or chief executive officer of the issuing agency. The hearing shall provide an independent, objective, fair, and impartial review of contested violations.
(3)The administrative review shall be conducted before a hearing officer designated to conduct the review by the issuing agencys governing body or chief executive officer. In addition to any other requirements of employment, a hearing officer shall demonstrate those qualifications, training, and objectivity prescribed by the issuing agencys governing body or chief executive as are necessary and which are consistent with the duties and responsibilities set forth in this chapter. The hearing officers continued employment, performance evaluation, compensation, and benefits shall not be directly or indirectly linked to the amount of fare evasion or passenger conduct violation penalties imposed by the hearing officer.
(4)The person who issued the notice of fare evasion or passenger conduct violation shall not be required to participate in an administrative hearing. The issuing agency shall not be required to produce any evidence other than the notice of fare evasion or passenger conduct violation. The documentation in proper form shall be prima facie evidence of the violation pursuant to paragraph (1) of subdivision (d) of Section 99580.
(5)The hearing officers decision following the administrative hearing may be personally delivered to the person by the hearing officer or sent by first-class mail.
(6)Following a determination by the hearing officer that a person committed the violation, the hearing officer may, and consistent with subdivision (f) of Section 99580, shall, allow payment of the fare evasion or passenger conduct penalty in installments or deferred payment if the person provides satisfactory evidence of an inability to pay the fare evasion or passenger conduct penalty in full. The hearing officer may, and consistent with subdivision (g) of Section 99580, shall, permit the performance of community service in lieu of payment of the fare evasion or passenger conduct penalty.
(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. Except as provided in subdivision (g), 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. Except as provided in subdivision (g), 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, a 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 a facility or vehicle of a public transportation system.
(e)Notwithstanding subdivision (a) or (g), 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, 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, an 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.
(g)A minor shall not be charged with an infraction or a misdemeanor for violation of paragraphs (1) to (3), inclusive, of subdivision (c). Nothing in this subdivision shall limit the ability of a public transportation agency to assess an administrative penalty as established in paragraph (1) of subdivision (e) and in Section 99580 of the Public Utilities Code, not to exceed one hundred twenty-five dollars ($125) upon a first or second violation and not to exceed two hundred dollars ($200) upon a third or subsequent violation, to permit the performance of community service in lieu of payment of the fare evasion or passenger conduct penalty pursuant to Section 99580 of the Public Utilities Code, or to allow payment of the fare evasion or passenger conduct penalty in installments or deferred payment pursuant to Section 99580 of the Public Utilities Code.
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 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 with the public transportation agency that issued the citation.
(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 one hundred twenty-five dollars ($125) upon a first or second violation and two hundred dollars ($200) upon a third or subsequent violation.
(f)The issuing agency shall allow payment of the fare evasion or passenger conduct penalty or penalties in installments or deferred payment if the total amount of the fines is two hundred dollars ($200) or more and the person provides satisfactory evidence of an inability to pay the penalty or penalties in full.
(g)(1)Except as provided in paragraph (2), the issuing agency shall permit the performance of community service in lieu of payment of the fare evasion or passenger conduct penalty if the person is under 18 years of age or if the person provides satisfactory evidence of an inability to pay the fare evasion or passenger conduct penalty in full. The issuing agency may require the performance of community service at transit facilities, as defined in subdivision (f) of Section 640 of the Penal Code.
(2)The issuing agency is not required to permit the performance of community service in lieu of payment for a fare evasion or passenger conduct penalty if the person has had more than three fare evasion or passenger conduct penalties for which he or she was permitted to perform community service pursuant to paragraph (1), and did not complete any community service, provided that the person was offered a community service placement and was given adequate time to comply with the community service requirement.
(h)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.
(i)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.
(j)For purposes of this section, smoking has the same meaning as in subdivision (c) of Section 22950.5 of the Business and Professions Code.
(k)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.Section 99581 of the Public Utilities Code is amended to read:99581.(a)For a period of 21 calendar days from the issuance to a person of the notice of fare evasion or passenger conduct violation, the person may request an initial review of the violation by the issuing agency. The request may be made by telephone, in writing, or in person. There shall be no charge for this review. If, following the initial review, the issuing agency is satisfied that the violation did not occur or that extenuating circumstances make dismissal of the administrative penalty appropriate in the interest of justice, the issuing agency shall cancel the notice. The issuing agency shall advise the processing agency, if any, of the cancellation. The issuing agency or the processing agency shall mail the results of the initial review to the person contesting the notice and if following that review, cancellation of the notice does not occur, the agency shall include a reason for that denial, notification of the ability to request an administrative hearing, and notice of the procedure adopted pursuant to subdivision (b) for waiving prepayment of the penalty based upon inability to pay.
(b)If the person is dissatisfied with the results of the initial review, the person may request an administrative hearing of the violation no later than 21 calendar days following the mailing of the results of the issuing agencys initial review. The request may be made by telephone, in writing, or in person. The person requesting an administrative hearing shall deposit with the processing agency the amount due under the notice for which the administrative hearing is requested. The issuing agency shall adopt a written procedure to allow a person to request an administrative hearing without payment of the amount due upon satisfactory proof of an inability to pay the amount due. An administrative hearing shall be held within 90 calendar days following the receipt of a request for an administrative hearing, excluding time tolled pursuant to this chapter. The person requesting the hearing may request one continuance, not to exceed 21 calendar days.
(c)The administrative hearing process shall include all of the following:
(1)The person requesting a hearing shall have the choice of a hearing by mail or in person. An in-person hearing shall be conducted within the jurisdiction of the issuing agency. If an issuing agency contracts with a private vendor pursuant to paragraph (1) of subdivision (c) of Section 99580, hearings shall be held within the jurisdiction of the issuing agency.
(2)The administrative hearing shall be conducted in accordance with written procedures established by the issuing agency and approved by the governing body or chief executive officer of the issuing agency. The hearing shall provide an independent, objective, fair, and impartial review of contested violations.
(3)The administrative review shall be conducted before a hearing officer designated to conduct the review by the issuing agencys governing body or chief executive officer. In addition to any other requirements of employment, a hearing officer shall demonstrate those qualifications, training, and objectivity prescribed by the issuing agencys governing body or chief executive as are necessary and which are consistent with the duties and responsibilities set forth in this chapter. The hearing officers continued employment, performance evaluation, compensation, and benefits shall not be directly or indirectly linked to the amount of fare evasion or passenger conduct violation penalties imposed by the hearing officer.
(4)The person who issued the notice of fare evasion or passenger conduct violation shall not be required to participate in an administrative hearing. The issuing agency shall not be required to produce any evidence other than the notice of fare evasion or passenger conduct violation. The documentation in proper form shall be prima facie evidence of the violation pursuant to paragraph (1) of subdivision (d) of Section 99580.
(5)The hearing officers decision following the administrative hearing may be personally delivered to the person by the hearing officer or sent by first-class mail.
(6)Following a determination by the hearing officer that a person committed the violation, the hearing officer may, and consistent with subdivision (f) of Section 99580, shall, allow payment of the fare evasion or passenger conduct penalty in installments or deferred payment if the person provides satisfactory evidence of an inability to pay the fare evasion or passenger conduct penalty in full. The hearing officer may, and consistent with subdivision (g) of Section 99580, shall, permit the performance of community service in lieu of payment of the fare evasion or passenger conduct penalty.
(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. Except as provided in subdivision (g), 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. Except as provided in subdivision (g), 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, a 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 a facility or vehicle of a public transportation system.
(e)Notwithstanding subdivision (a) or (g), 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, 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, an 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.
(g)A minor shall not be charged with an infraction or a misdemeanor for violation of paragraphs (1) to (3), inclusive, of subdivision (c). Nothing in this subdivision shall limit the ability of a public transportation agency to assess an administrative penalty as established in paragraph (1) of subdivision (e) and in Section 99580 of the Public Utilities Code, not to exceed one hundred twenty-five dollars ($125) upon a first or second violation and not to exceed two hundred dollars ($200) upon a third or subsequent violation, to permit the performance of community service in lieu of payment of the fare evasion or passenger conduct penalty pursuant to Section 99580 of the Public Utilities Code, or to allow payment of the fare evasion or passenger conduct penalty in installments or deferred payment pursuant to Section 99580 of the Public Utilities Code.
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 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 with the public transportation agency that issued the citation.
(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 one hundred twenty-five dollars ($125) upon a first or second violation and two hundred dollars ($200) upon a third or subsequent violation.
(f)The issuing agency shall allow payment of the fare evasion or passenger conduct penalty or penalties in installments or deferred payment if the total amount of the fines is two hundred dollars ($200) or more and the person provides satisfactory evidence of an inability to pay the penalty or penalties in full.
(g)The (1)Except as provided in paragraph (2), the issuing agency shall permit the performance of community service in lieu of payment of the fare evasion or passenger conduct penalty if the person is under 18 years of age or if the person provides satisfactory evidence of an inability to pay the fare evasion or passenger conduct penalty in full. The issuing agency may require the performance of community service at transit facilities, as defined in subdivision (f) of Section 640 of the Penal Code.
(2)The issuing agency is not required to permit the performance of community service in lieu of payment for a fare evasion or passenger conduct penalty if the person has had more than three fare evasion or passenger conduct penalties for which he or she was permitted to perform community service pursuant to paragraph (1), and did not complete any community service, provided that the person was offered a community service placement and was given adequate time to comply with the community service requirement.
(h)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.
(i)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.
(j)For purposes of this section, smoking has the same meaning as in subdivision (c) of Section 22950.5 of the Business and Professions Code.
(k)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.Section 99581 of the Public Utilities Code is amended to read:99581.(a)For a period of 21 calendar days from the issuance to a person of the notice of fare evasion or passenger conduct violation, the person may request an initial review of the violation by the issuing agency. The request may be made by telephone, in writing, or in person. There shall be no charge for this review. If, following the initial review, the issuing agency is satisfied that the violation did not occur or that extenuating circumstances make dismissal of the administrative penalty appropriate in the interest of justice, the issuing agency shall cancel the notice. The issuing agency shall advise the processing agency, if any, of the cancellation. The issuing agency or the processing agency shall mail the results of the initial review to the person contesting the notice and if following that review, cancellation of the notice does not occur, the agency shall include a reason for that denial, notification of the ability to request an administrative hearing, and notice of the procedure adopted pursuant to subdivision (b) for waiving prepayment of the penalty based upon inability to pay.
(b)If the person is dissatisfied with the results of the initial review, the person may request an administrative hearing of the violation no later than 21 calendar days following the mailing of the results of the issuing agencys initial review. The request may be made by telephone, in writing, or in person. The person requesting an administrative hearing shall deposit with the processing agency the amount due under the notice for which the administrative hearing is requested. The issuing agency shall adopt a written procedure to allow a person to request an administrative hearing without payment of the amount due upon satisfactory proof of an inability to pay the amount due. An administrative hearing shall be held within 90 calendar days following the receipt of a request for an administrative hearing, excluding time tolled pursuant to this chapter. The person requesting the hearing may request one continuance, not to exceed 21 calendar days.
(c)The administrative hearing process shall include all of the following:
(1)The person requesting a hearing shall have the choice of a hearing by mail or in person. An in-person hearing shall be conducted within the jurisdiction of the issuing agency. If an issuing agency contracts with a private vendor pursuant to paragraph (1) of subdivision (c) of Section 99580, hearings shall be held within the jurisdiction of the issuing agency.
(2)The administrative hearing shall be conducted in accordance with written procedures established by the issuing agency and approved by the governing body or chief executive officer of the issuing agency. The hearing shall provide an independent, objective, fair, and impartial review of contested violations.
(3)The administrative review shall be conducted before a hearing officer designated to conduct the review by the issuing agencys governing body or chief executive officer. In addition to any other requirements of employment, a hearing officer shall demonstrate those qualifications, training, and objectivity prescribed by the issuing agencys governing body or chief executive as are necessary and which are consistent with the duties and responsibilities set forth in this chapter. The hearing officers continued employment, performance evaluation, compensation, and benefits shall not be directly or indirectly linked to the amount of fare evasion or passenger conduct violation penalties imposed by the hearing officer.
(4)The person who issued the notice of fare evasion or passenger conduct violation shall not be required to participate in an administrative hearing. The issuing agency shall not be required to produce any evidence other than the notice of fare evasion or passenger conduct violation. The documentation in proper form shall be prima facie evidence of the violation pursuant to paragraph (1) of subdivision (d) of Section 99580.
(5)The hearing officers decision following the administrative hearing may be personally delivered to the person by the hearing officer or sent by first-class mail.
(6)Following a determination by the hearing officer that a person committed the violation, the hearing officer may, and consistent with subdivision (f) of Section 99580, shall, allow payment of the fare evasion or passenger conduct penalty in installments or deferred payment if the person provides satisfactory evidence of an inability to pay the fare evasion or passenger conduct penalty in full. The hearing officer may, and consistent with subdivision (g) of Section 99580, shall, permit the performance of community service in lieu of payment of the fare evasion or passenger conduct penalty.
(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. Except as provided in subdivision (g), 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. Except as provided in subdivision (g), 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, a 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 a facility or vehicle of a public transportation system.
(e)Notwithstanding subdivision (a) or (g), 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, 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, an 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.
(g)A minor shall not be charged with an infraction or a misdemeanor for violation of paragraphs (1) to (3), inclusive, of subdivision (c). Nothing in this subdivision shall limit the ability of a public transportation agency to assess an administrative penalty as established in paragraph (1) of subdivision (e) and in Section 99580 of the Public Utilities Code, not to exceed one hundred twenty-five dollars ($125) upon a first or second violation and not to exceed two hundred dollars ($200) upon a third or subsequent violation, or to permit the performance of community service in lieu of payment of the fare evasion or passenger conduct penalty under the circumstances described in subdivision (f) of Section 99580. pursuant to Section 99580 of the Public Utilities Code, or to allow payment of the fare evasion or passenger conduct penalty in installments or deferred payment pursuant to Section 99580 of the Public Utilities Code.
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 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 with the public transportation agency that issued the citation.
(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 one hundred twenty-five dollars ($125) upon a first or second violation and two hundred dollars ($200) upon a third or subsequent violation.
(f)The issuing agency shall allow payment of the fare evasion or passenger conduct penalty or penalties in installments or deferred payment if the total amount of the fines is two hundred dollars ($200) or more and the person provides satisfactory evidence of an inability to pay the penalty or penalties in full.
(f)(g)The issuing agency shall permit the performance of community service in lieu of payment of the fare evasion or passenger conduct penalty if the person is under 18 years of age or if the person provides satisfactory evidence of an inability to pay the fare evasion or passenger conduct penalty in full. The issuing agency may require the performance of community service at transit facilities, as defined in subdivision (f) of Section 640 of the Penal Code.
(g)(h)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.
(h)(i)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.
(i)(j)For purposes of this section, smoking has the same meaning as in subdivision (c) of Section 22950.5 of the Business and Professions Code.
(j)(k)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.Section 99581 of the Public Utilities Code is amended to read:99581.(a)For a period of 21 calendar days from the issuance to a person of the notice of fare evasion or passenger conduct violation, the person may request an initial review of the violation by the issuing agency. The request may be made by telephone, in writing, or in person. There shall be no charge for this review. If, following the initial review, the issuing agency is satisfied that the violation did not occur or that extenuating circumstances make dismissal of the administrative penalty appropriate in the interest of justice, the issuing agency shall cancel the notice. The issuing agency shall advise the processing agency, if any, of the cancellation. The issuing agency or the processing agency shall mail the results of the initial review to the person contesting the notice and if following that review, cancellation of the notice does not occur, the agency shall include a reason for that denial, notification of the ability to request an administrative hearing, and notice of the procedure adopted pursuant to subdivision (b) for waiving prepayment of the penalty based upon inability to pay.
(b)If the person is dissatisfied with the results of the initial review, the person may request an administrative hearing of the violation no later than 21 calendar days following the mailing of the results of the issuing agencys initial review. The request may be made by telephone, in writing, or in person. The person requesting an administrative hearing shall deposit with the processing agency the amount due under the notice for which the administrative hearing is requested. The issuing agency shall adopt a written procedure to allow a person to request an administrative hearing without payment of the amount due upon satisfactory proof of an inability to pay the amount due. An administrative hearing shall be held within 90 calendar days following the receipt of a request for an administrative hearing, excluding time tolled pursuant to this chapter. The person requesting the hearing may request one continuance, not to exceed 21 calendar days.
(c)The administrative hearing process shall include all of the following:
(1)The person requesting a hearing shall have the choice of a hearing by mail or in person. An in-person hearing shall be conducted within the jurisdiction of the issuing agency. If an issuing agency contracts with a private vendor pursuant to paragraph (1) of subdivision (c) of Section 99580, hearings shall be held within the jurisdiction of the issuing agency.
(2)The administrative hearing shall be conducted in accordance with written procedures established by the issuing agency and approved by the governing body or chief executive officer of the issuing agency. The hearing shall provide an independent, objective, fair, and impartial review of contested violations.
(3)The administrative review shall be conducted before a hearing officer designated to conduct the review by the issuing agencys governing body or chief executive officer. In addition to any other requirements of employment, a hearing officer shall demonstrate those qualifications, training, and objectivity prescribed by the issuing agencys governing body or chief executive as are necessary and which are consistent with the duties and responsibilities set forth in this chapter. The hearing officers continued employment, performance evaluation, compensation, and benefits shall not be directly or indirectly linked to the amount of fare evasion or passenger conduct violation penalties imposed by the hearing officer.
(4)The person who issued the notice of fare evasion or passenger conduct violation shall not be required to participate in an administrative hearing. The issuing agency shall not be required to produce any evidence other than the notice of fare evasion or passenger conduct violation. The documentation in proper form shall be prima facie evidence of the violation pursuant to paragraph (1) of subdivision (d) of Section 99580.
(5)The hearing officers decision following the administrative hearing may be personally delivered to the person by the hearing officer or sent by first-class mail.
(6)Following a determination by the hearing officer that a person committed the violation, the hearing officer may may, and consistent with subdivision (f) of Section 99580, shall, allow payment of the fare evasion or passenger conduct penalty in installments or deferred payment if the person provides satisfactory evidence of an inability to pay the fare evasion or passenger conduct penalty in full. The hearing officer shall may, and consistent with subdivision (g) of Section 99580, shall, permit the performance of community service in lieu of payment of the fare evasion or passenger conduct penalty consistent with, and for the persons described in, subdivision (f) of Section 99580. penalty.
(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. Except as provided in subdivision (g), 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. Except as provided in subdivision (g), 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, a 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 a facility or vehicle of a public transportation system.
(e)Notwithstanding subdivision (a) or (g), 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, 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, an 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.
(g)A minor shall not be charged with an infraction or a misdemeanor for violation of paragraphs (1) to (3), inclusive, of subdivision (c). Nothing in this subdivision shall limit the ability of a public transportation agency to assess an administrative penalty as established in paragraph (1) of subdivision (e) and in Section 99580 of the Public Utilities Code, not to exceed two one hundred fifty twenty-five dollars ($250) ($125) upon a first or second violation and not to exceed four two hundred dollars ($400) ($200) upon a third or subsequent violation. violation, or to permit the performance of community service in lieu of payment of the fare evasion or passenger conduct penalty under the circumstances described in subdivision (f) of Section 99580.
SECTION 1.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 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 with the public transportation agency that issued the citation.
(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. one hundred twenty-five dollars ($125) upon a first or second violation and two hundred dollars ($200) upon a third or subsequent violation.
(f)The issuing agency shall permit the performance of community service in lieu of payment of the fare evasion or passenger conduct penalty if the person is under 18 years of age or if the person provides satisfactory evidence of an inability to pay the fare evasion or passenger conduct penalty in full. The issuing agency may require the performance of community service at transit facilities, as defined in subdivision (f) of Section 640 of the Penal Code.
(f)(g)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)(h)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)(i)For purposes of this section, smoking has the same meaning as in subdivision (c) of Section 22950.5 of the Business and Professions Code.
(i)(j)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.Section 99581 of the Public Utilities Code is amended to read:99581.(a)For a period of 21 calendar days from the issuance to a person of the notice of fare evasion or passenger conduct violation, the person may request an initial review of the violation by the issuing agency. The request may be made by telephone, in writing, or in person. There shall be no charge for this review. If, following the initial review, the issuing agency is satisfied that the violation did not occur or that extenuating circumstances make dismissal of the administrative penalty appropriate in the interest of justice, the issuing agency shall cancel the notice. The issuing agency shall advise the processing agency, if any, of the cancellation. The issuing agency or the processing agency shall mail the results of the initial review to the person contesting the notice and if following that review, cancellation of the notice does not occur, the agency shall include a reason for that denial, notification of the ability to request an administrative hearing, and notice of the procedure adopted pursuant to subdivision (b) for waiving prepayment of the penalty based upon inability to pay.
(b)If the person is dissatisfied with the results of the initial review, the person may request an administrative hearing of the violation no later than 21 calendar days following the mailing of the results of the issuing agencys initial review. The request may be made by telephone, in writing, or in person. The person requesting an administrative hearing shall deposit with the processing agency the amount due under the notice for which the administrative hearing is requested. The issuing agency shall adopt a written procedure to allow a person to request an administrative hearing without payment of the amount due upon satisfactory proof of an inability to pay the amount due. An administrative hearing shall be held within 90 calendar days following the receipt of a request for an administrative hearing, excluding time tolled pursuant to this chapter. The person requesting the hearing may request one continuance, not to exceed 21 calendar days.
(c)The administrative hearing process shall include all of the following:
(1)The person requesting a hearing shall have the choice of a hearing by mail or in person. An in-person hearing shall be conducted within the jurisdiction of the issuing agency. If an issuing agency contracts with a private vendor pursuant to paragraph (1) of subdivision (c) of Section 99580, hearings shall be held within the jurisdiction of the issuing agency.
(2)The administrative hearing shall be conducted in accordance with written procedures established by the issuing agency and approved by the governing body or chief executive officer of the issuing agency. The hearing shall provide an independent, objective, fair, and impartial review of contested violations.
(3)The administrative review shall be conducted before a hearing officer designated to conduct the review by the issuing agencys governing body or chief executive officer. In addition to any other requirements of employment, a hearing officer shall demonstrate those qualifications, training, and objectivity prescribed by the issuing agencys governing body or chief executive as are necessary and which are consistent with the duties and responsibilities set forth in this chapter. The hearing officers continued employment, performance evaluation, compensation, and benefits shall not be directly or indirectly linked to the amount of fare evasion or passenger conduct violation penalties imposed by the hearing officer.
(4)The person who issued the notice of fare evasion or passenger conduct violation shall not be required to participate in an administrative hearing. The issuing agency shall not be required to produce any evidence other than the notice of fare evasion or passenger conduct violation. The documentation in proper form shall be prima facie evidence of the violation pursuant to paragraph (1) of subdivision (d) of Section 99580.
(5)The hearing officers decision following the administrative hearing may be personally delivered to the person by the hearing officer or sent by first-class mail.
(6)Following a determination by the hearing officer that a person committed the violation, the hearing officer may allow payment of the fare evasion or passenger conduct penalty in installments or deferred payment if the person provides satisfactory evidence of an inability to pay the fare evasion or passenger conduct penalty in full. If authorized by the issuing agency, the The hearing officer may shall permit the performance of community service in lieu of payment of the fare evasion or passenger conduct penalty. penalty consistent with, and for the persons described in, subdivision (f) of Section 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. with the public transportation agency that issued the citation.
(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 same meaning as 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.
|
Date
|
Status
|
|---|---|
| Sep 1, 2017 | Chaptered by Secretary of State. Chapter 219, Statutes of 2017. |
| Sep 1, 2017 | Approved by the Governor. |
| Aug 30, 2017 | Enrolled and presented to the Governor at 3 p.m. |
| Aug 24, 2017 | Assembly amendments concurred in. (Ayes 38. Noes 0.) Ordered to engrossing and enrolling. |
| Aug 22, 2017 | Ordered to special consent calendar. |
| Aug 21, 2017 | In Senate. Concurrence in Assembly amendments pending. |
| Aug 21, 2017 | Read third time. Passed. Ordered to the Senate. |
| Jul 17, 2017 | Read third time and amended. |
| Jun 28, 2017 | Read second time. Ordered to third reading. |
| Jun 27, 2017 | From committee: Do pass. (Ayes 13. Noes 1.) (June 26). |
| Jun 5, 2017 | Referred to Com. on TRANS. |
| May 16, 2017 | In Assembly. Read first time. Held at Desk. |
| May 15, 2017 | Read third time. Passed. (Ayes 39. Noes 0. Page 1065.) Ordered to the Assembly. |
| May 8, 2017 | Read second time. Ordered to third reading. |
| May 4, 2017 | Read third time and amended. |
| Apr 20, 2017 | Read second time. Ordered to third reading. |
| Apr 19, 2017 | From committee: Do pass. (Ayes 11. Noes 0. Page 751.) (April 18). |
| Apr 5, 2017 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on T. & H. |
| Apr 4, 2017 | Set for hearing April 18. |
| Mar 2, 2017 | Referred to Com. on T. & H. |
| Feb 21, 2017 | From printer. May be acted upon on or after March 23. |
| Feb 17, 2017 | Introduced. Read first time. To Com. on RLS. for assignment. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Aug 24, 2017 | Special Consent Calendar # SB614 | Senate Floor |
Passed |
|
| Aug 21, 2017 | SB 614 Hertzberg Senate Third Reading By BERMAN | Assembly Floor |
Passed |
|
| Jun 26, 2017 | Do pass. | Assembly Standing Committee on Transportation |
Passed |
|
| May 15, 2017 | Senate 3rd Reading SB614 Hertzberg | Senate Floor |
Passed |
|
| Apr 18, 2017 | Do pass | 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
|
|---|---|---|
| California Conference Board Of The Amalgamated Transit Union | ** Support | Jun 23, 2017 |
| California Conference Of Machinists | ** Support | Jun 23, 2017 |
| California Teamsters Public Affairs Council | ** Support | Jun 23, 2017 |
| California Transit Association | ** Support | Aug 22, 2017 |
| Coalition of California Welfare Rights Organizations | ** Support | Jun 23, 2017 |
| San Francisco Bay Area Rapid Transit District | * Support | Jun 26, 2017 |
| Santa Clara Valley Transportation Authority | * Support | Jun 26, 2017 |
| western center on law and poverty | ** Support | Aug 22, 2017 |
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB |
UNFINISHED BUSINESS
Bill No: SB 614
:
SENATE TRANS. & HOUSING COMMITTEE: 11-0, 4/18/17
AYES: Beall, Cannella, Allen, Atkins, McGuire, Mendoza, Morrell, Roth, Skinner, Wieckowski, Wiener
NO VOTE RECORDED: Bates, Gaines
SENATE FLOOR: 39-0, 5/15/17
AYES: Allen, Anderson, Atkins, Bates, Beall, Berryhill, Bradford, Cannella, De León, Dodd, Fuller, Gaines, Galgiani, Glazer, Hernandez, Hertzberg, Hill, Hueso, Jackson, Lara, Leyva, McGuire, Mendoza, Mitchell, Monning, Moorlach, Morrell, Newman, Nguyen, Nielsen, Pan, Portantino, Roth, Skinner, Stern, Stone, Wieckowski, Wiener, Wilk
NO VOTE RECORDED: Vidak
ASSEMBLY FLOOR: 68-1, 8/21/17 - See last page for vote
SOURCE: California Transit Association
Western Center on Law and Poverty
DIGEST:
This bill makes various changes to the civil administrative process used by public transportation agencies for fare evasion and other passenger misconduct violations.
Assembly Amendments provide that an issuing agency is not required to permit the performance of community service in lieu of payment for a fare evasion or passenger conduct penalty if the person has had more than three fare evasion or passenger conduct penalties for which he or she was permitted to perform community service and did not complete any community service, provided that the person was offered a community service placement and was given adequate time to comply with the community service requirement.
Existing law:
- Makes it a crime, punishable as an infraction or misdemeanor, for a person to commit certain acts on or in a facility or vehicle of a public transportation system.
- Authorizes a public transportation agency to adopt and enforce an ordinance to impose and enforce civil administrative penalties for fare evasion and other passenger misconduct on or in a transit facility or vehicle in lieu of the criminal penalties, as specified.
- Prohibits a public transportation agency from establishing administrative penalty amounts that exceed the maximum penalty amount established for criminal penalties.
- Requires administrative penalties to be deposited in the general fund of the county in which the citation is administered.
- Provides that a hearing officer may allow for payment for a fare evasion or misconduct violation in installments or deferred payments if the person proves financial hardship.
- Provides that an administrative hearing officer may require community service in lieu of payment for a fare or misconduct violation.
This bill:
- Caps the administrative penalties for the first and second violation at $125 and the third and subsequent violations at $200.
- Requires the administrative penalties generated from the fare evasion or misconduct violations to be deposited with the public transportation agency that issued the citation.
- Requires the issuing agency and the administrative hearing officer if an administrative hearing is needed, to allow payment of the fare evasion or misconduct violation to be paid in installments or deferred if the total amount of the fines is $200 or more and the person proves an inability to pay in full.
- Requires the issuing agency and the administrative hearing officer if an administrative hearing is needed, to offer a minor or a person proving financial hardship the option of community service in lieu of payment for a fare evasion or misconduct violation, and the agency may require the community service to be performed at a transit facility.
- Provides that the issuing agency is not required to permit the performance of community service in lieu of payment for fare evasion and other conduct violations if the person has had more than three fare evasion or conduct violations for which community service was permitted and he or she did not complete the community service, provided that the person was offered a community service placement and was given adequate time to comply.
Comments
- Author’s statement. According to the author, “Over the years, the public has been faced with ever increasing fines and fees for non-public safety related violations, including up to $400 and even jail time for fare evasion on public transit systems. The impact of high fines has been shown to be detrimental, particularly to working class Californians and communities of color, who are disproportionately cited for fare evasion.
“Senate Bill 614 reduces administrative penalties for fare evasion to a reasonable amount that still acts as a proper deterrent and penalty, maxing out at $200.
“Unfortunately, even $200 is more than some can afford, including students and low-income Californians. This bill requires transit agencies to offer community service for youth under 18 years of age or for individuals who are unable to pay the monetary penalty. The bill ensures transit agencies can properly deter fare evasion while ensuring all Californians have an ability to resolve their fare evasion citations without becoming criminals.”
- Transit ridership. Over the years it has been widely reported that a significant percentage of transit ridership is comprised of low-income passengers. A 2014 article in Governing Magazine reported that 22.4% of public transportation commuters in Los Angeles were considered living in poverty. The article further noted that 23.1% of San Diego’s public transportation commuters were living in poverty and 15.8% in Sacramento. Particularly for minors, writing as sponsors of this bill, the California Transit Association notes that the “inability to afford transportation to and from school is one of the most frequently cited barriers that low-income youth face in attending school. Public transportation systems are often the only source of transportation and mobility for low-income Californians.” As public transportation agencies continue their efforts to improve transit services within their jurisdictions, ensuring low-income riders can afford to get around remains a struggle.
- Easing the burden. 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 a result, minors were instead required to resolve transit citations through the judicial system. Ultimately the process contributed to the overburdened court system which left many low income minors accruing significant fines, and in some circumstances, arrest warrants.
Over time, legislative efforts have provided opportunities for low income riders to clear up minor transit violations such as fare evasion. The most recent effort, SB 882 (Hertzberg, Chapter 167, Statutes of 2016), allows minors to be subject to an administrative civil proceeding set up by a public transportation agency for certain transit violations rather than receiving criminal penalties. This bill continues the author’s efforts in setting up this administrative structure to allow low-income riders to remedy minor transit violations without receiving long-term penalties.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
California Transit Association (co-source)
Western Center on Law and Poverty (co-source)
OPPOSITION: (Verified 8/22/17)
None received
ASSEMBLY FLOOR: 68-1, 8/21/17
AYES: Acosta, Aguiar-Curry, Baker, Berman, Bloom, Bocanegra, Bonta, Brough, Burke, Caballero, Calderon, Cervantes, Chau, Chávez, Chiu, Choi, Chu, Cooley, Cooper, Cunningham, Dababneh, Dahle, Daly, Eggman, Fong, Frazier, Friedman, Gallagher, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gonzalez Fletcher, Gray, Grayson, Holden, Irwin, Jones-Sawyer, Kalra, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Mullin, Muratsuchi, Nazarian, O'Donnell, Quirk, Quirk-Silva, Reyes, Ridley-Thomas, Rodriguez, Rubio, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Voepel, Weber, Wood, Rendon
NOES: Travis Allen
NO VOTE RECORDED: Arambula, Bigelow, Chen, Flora, Harper, Kiley, Melendez, Obernolte, Patterson, Waldron
8/22/17 16:14:21
**** END ****
SENATE THIRD READING
STR Bill Id:SB 614
Author:(Hertzberg)
As Amended Ver:July 17, 2017
Majority vote
SENATE VOTE: 39-0
Committee | Votes | Ayes | Noes |
Transportation | 13-1 | Frazier, Fong, Aguiar-Curry, Baker, Berman, Bocanegra, Chu, Daly, Friedman, Mathis, Medina, Nazarian, O'Donnell | Harper |
SUMMARY: Makes various changes to the civil administrative process used by public transportation agencies for fare evasion and other passenger misconduct violations. Specifically, this bill:
- Caps the administrative penalties for the first and second violation at $125 and the third and subsequent violations at $200.
- Requires the administrative penalties generated from the fare evasion or misconduct violations to be deposited with the public transportation agency that issued the citation.
- Requires the issuing agency, and the administrative hearing officer if an administrative hearing is needed, to allow payment of the fare evasion or misconduct violation to be paid in installments or deferred if the total amount of the fines is $200 or more and the person proves an inability to pay in full.
- Requires the issuing agency, and the administrative hearing officer if an administrative hearing is needed, to offer a minor or a person proving financial hardship the option of community service in lieu of payment for a fare evasion or misconduct violation, and the agency may require the community service to be performed at a transit facility.
- Provides that the issuing agency is not required to permit the performance of community service in lieu of payment for fare evasion and other conduct violations if the person has had more than three fare evasion or conduct violations for which community service was permitted and he or she did not complete the community service, provided that the person was offered a community service placement and was given adequate time to comply.
FISCAL EFFECT: None. This bill is keyed non-fiscal by the Legislative Counsel.
COMMENTS: In 2006, SB 1749 (Migden), Chapter 258, Statutes of 2006, authorized the City and County of San Francisco (operator of SFMuni) and the Los Angeles Metropolitan Transportation Agency (Metro) to set up and enforce an administrative penalty and adjudication process for certain public transportation system violations, including failure to pay a fare or misuse of a fare pass. The transit agencies could use this administrative process as an alternative to the criminal court system for the same offenses. The process includes the ability for a person to request a review and contest the citation through a hearing process, but the person avoids the court system. Although SB 1749 provided this administrative process for adults in these jurisdictions, it specifically precluded minors from using it, which forced minors to deal with transit citations through the courts.
Subsequent legislation expanded the authority to all transit agencies to develop and utilize this alternative administrative method for dealing with citations, and allowed its use for minors as well as adults. Additionally, current law allows these transit agencies to set the administrative penalty amounts for these infractions but provides that the amounts shall not exceed the maximum statutory criminal penalties for the same offenses, which is currently up to $250 for the first and second offense and up to $400 for a third or subsequent offense. This amount only represents a base fine. The amount spelled out in statute as a fine are base figures, as these amounts are subject to statutorily-imposed penalty assessments, such as fees and surcharges. For example, a $250 fine could total over $1,000 after the additional fees are added.
In recent years, the Legislature has debated the issue of abnormally high criminal penalties and assessments in California. Legislative leaders continue to work with the Judicial Council, courts and other stakeholders on this important issue. There have been numerous legislative efforts to provide opportunities for low income people to reduce fines, have payment options or possible alternatives to fines such as community service. These include minor public transit citations such as fare evasion. The most recent effort, SB 882 (Hertzberg), Chapter 167, Statutes of 2016, decriminalized public transit fare evasion for minors by eliminating transit agencies' ability to cite for these infractions and misdemeanors under the penal code. As an alternative, this bill allows minors to continue to be subject to the administrative process set up by the transit agency.
Currently, only SFMuni and Metro are utilizing this administrative process for citations.
According to the California Transit Association (CTA), one of the sponsors of this bill, transit agencies cite cost as the main barrier to moving away from the penal code and setting up the administrative process. Current law requires that all fines collected for the citations be deposited in the county general fund in the county where the citation is issued. The two agencies that currently have an administrative process have agreements with their respective county to receive the revenue from the citations. This revenue helps offset some of the costs associated with establishing and operating the administrative process.
This bill follows up on the work of the author last year by allowing transit agencies that have an administrative process for citations to retain the revenue collected. This bill authorizes the issuing agencies to allow payment of the citation if the total amount is $200 or more and the person provides evidence of inability to pay in full. Additionally, both minors and those with an inability to pay may perform community service in lieu of payment of the fines. According to the author, the guarantee of the additional funding will provide an incentive for transit agencies to use the administration process. Further, he states that providing alternatives for vulnerable communities decreases the likelihood that they will fall deeper into poverty, while still imposing a penalty for a committed offense.
As co-sponsors of this bill, CTA and the Western Center of Law and Poverty note that, "as California leads the way to reduce the negative impacts of transportation related violations on the economic conditions of low-income residents with cars, we should also be leading the way in reducing criminalization of low-income residents without cars. SB 614 inches us closer to this goal by allowing transportation agencies to use an administrative procedure to enforce transit laws, it will reduce the need for penal code enforcement and criminal citations." They go on to state that, "by improving the financial situation of local transportation agencies, we anticipate that there will be improved access to transportation for low-income youth and adults alike, whereby strengthening their ability to exit poverty. By reducing the criminalization of an infraction, we remove a chance that a transit citation will lead a youth or adult into the criminal justice system, which makes it more difficult to succeed."
Analysis Prepared by: Melissa White / TRANS. / (916) 319-2093 FN: 0001156
SENATE THIRD READING
STR Bill Id:SB 614
Author:(Hertzberg)
As Amended Ver:May 4, 2017
Majority vote
SENATE VOTE: 39-0
Committee | Votes | Ayes | Noes |
Transportation | 13-1 | Frazier, Fong, Aguiar-Curry, Baker, Berman, Bocanegra, Chu, Daly, Friedman, Mathis, Medina, Nazarian, O'Donnell | Harper |
SUMMARY: Makes various changes to the civil administrative process used by public transportation agencies for fare evasion and other passenger misconduct violations. Specifically, this bill:
- Caps the administrative penalties for the first and second violation at $125 and the third and subsequent violations at $200.
- Requires the administrative penalties generated from the fare evasion or misconduct violations to be deposited with the public transportation agency that issued the citation.
- Requires the issuing agency, and the administrative hearing officer if an administrative hearing is needed, to allow payment of the fare evasion or misconduct violation to be paid in installments or deferred if the total amount of the fines is $200 or more and the person proves an inability to pay in full.
- Requires the issuing agency, and the administrative hearing officer if an administrative hearing is needed, to offer a minor or a person proving financial hardship the option of community service in lieu of payment for a fare evasion or misconduct violation, and the agency may require the community service to be performed at a transit facility.
FISCAL EFFECT: None. This bill is keyed non-fiscal by the Legislative Counsel.
COMMENTS: In 2006, SB 1749 (Migden), Chapter 258, Statutes of 2006, authorized the City and County of San Francisco (operator of SFMuni) and the Los Angeles Metropolitan Transportation Agency (Metro) to set up and enforce an administrative penalty and adjudication process for certain public transportation system violations, including failure to pay a fare or misuse of a fare pass. The transit agencies could use this administrative process as an alternative to the criminal court system for the same offenses. The process includes the ability for a person to request a review and contest the citation through a hearing process, but the person avoids the court system. Although SB 1749 provided this administrative process for adults in these jurisdictions, it specifically precluded minors from using it, which forced minors to deal with transit citations through the courts.
Subsequent legislation expanded the authority to all transit agencies to develop and utilize this alternative administrative method for dealing with citations, and allowed its use for minors as well as adults. Additionally, current law allows these transit agencies to set the administrative penalty amounts for these infractions but provides that the amounts shall not exceed the maximum statutory criminal penalties for the same offenses, which is currently up to $250 for the first and second offense and up to $400 for a third or subsequent offense. This amount only represents a base fine. The amount spelled out in statute as a fine are base figures, as these amounts are subject to statutorily-imposed penalty assessments, such as fees and surcharges. For example, a $250 fine could total over $1,000 after the additional fees are added.
In recent years, the Legislature has debated the issue of abnormally high criminal penalties and assessments in California. Legislative leaders continue to work with the Judicial Council, courts and other stakeholders on this important issue. There have been numerous legislative efforts to provide opportunities for low income people to reduce fines, have payment options or possible alternatives to fines such as community service. These include minor public transit citations such as fare evasion. The most recent effort, SB 882 (Hertzberg), Chapter 167, Statutes of 2016, decriminalized public transit fare evasion for minors by eliminating transit agencies' ability to cite for these infractions and misdemeanors under the penal code. As an alternative, this bill allows minors to continue to be subject to the administrative process set up by the transit agency.
Currently, only SFMuni and Metro are utilizing this administrative process for citations.
According to the California Transit Association (CTA), one of the sponsors of this bill, transit agencies cite cost as the main barrier to moving away from the penal code and setting up the administrative process. Current law requires that all fines collected for the citations be deposited in the county general fund in the county where the citation is issued. The two agencies that currently have an administrative process have agreements with their respective county to receive the revenue from the citations. This revenue helps offset some of the costs associated with establishing and operating the administrative process.
This bill follows up on the work of the author last year by allowing transit agencies that have an administrative process for citations to retain the revenue collected. This bill authorizes the issuing agencies to allow payment of the citation if the total amount is $200 or more and the person provides evidence of inability to pay in full. Additionally, both minors and those with an inability to pay may perform community service in lieu of payment of the fines. According to the author, the guarantee of the additional funding will provide an incentive for transit agencies to use the administration process. Further, he states that providing alternatives for vulnerable communities decreases the likelihood that they will fall deeper into poverty, while still imposing a penalty for a committed offense.
As co-sponsors of this bill, CTA and the Western Center of Law and Poverty note that, "as California leads the way to reduce the negative impacts of transportation related violations on the economic conditions of low-income residents with cars, we should also be leading the way in reducing criminalization of low-income residents without cars. SB 614 inches us closer to this goal by allowing transportation agencies to use an administrative procedure to enforce transit laws, it will reduce the need for penal code enforcement and criminal citations." They go on to state that, "by improving the financial situation of local transportation agencies, we anticipate that there will be improved access to transportation for low-income youth and adults alike, whereby strengthening their ability to exit poverty. By reducing the criminalization of an infraction, we remove a chance that a transit citation will lead a youth or adult into the criminal justice system, which makes it more difficult to succeed."
Analysis Prepared by: Melissa White / TRANS. / (916) 319-2093 FN: 0001039
Date of Hearing: June 26, 2017
ASSEMBLY COMMITTEE ON TRANSPORTATION
Jim Frazier, Chair
SBPCA Bill Id:SB 614
Author:(Hertzberg) – As Amended Ver:May 4, 2017
SENATE VOTE: 39-0
SUBJECT: Public transportation agencies: administrative penalties
SUMMARY: Makes various changes to the civil administrative process used by public transportation agencies for fare evasion and other passenger misconduct violations. Specifically, this bill:
- Caps the administrative penalties for the first and second violation at $125 and the third and subsequent violations at $200.
- Requires the administrative penalties generated from the fare evasion or misconduct violations to be deposited with the public transportation agency that issued the citation.
- Requires the issuing agency, and the administrative hearing officer if an administrative hearing is needed, to allow payment of the fare evasion or misconduct violation to be paid in installments or deferred if the total amount of the fines is $200 or more and the person proves an inability to pay in full.
- Requires the issuing agency, and the administrative hearing officer if an administrative hearing is needed, to offer a minor or a person proving financial hardship the option of community service in lieu of payment for a fare evasion or misconduct violation, and the agency may require the community service to be performed at a transit facility.
EXISTING LAW:
- Makes it a crime, punishable as an infraction or misdemeanor, for a person to commit certain acts on or in a facility or vehicle of a public transportation system.
- Authorizes a public transportation agency to enact and enforce an ordinance to impose and enforce an administrative penalty for fare evasion and other passenger misconduct on or in a transit facility or vehicle in lieu of the criminal penalties, as specified.
- Prohibits a public transportation agency from establishing administrative penalty amounts that exceed the maximum penalty amount established for similar criminal penalties.
- Provides for a process of review of the notice of a fare evasion or misconduct violation and subsequently an administrative hearing before a hearing officer, if requested.
- Provides that a hearing officer may allow for payment for a fare evasion or misconduct violation in installments or deferred payments if the person proves an inability to pay in full.
- Provides that an administrative hearing officer may require community service in lieu of payment for a fare evasion or misconduct violation.
- Prohibits a minor from being charged with an infraction or misdemeanor for fare evasion violations, but authorizes a public transit agency to assess an administrative penalty not to exceed $250 upon a first or second violation, and $400 upon a third or subsequent violation.
- Requires administrative penalties to be deposited in the general fund of the county in which the citation is administered.
- Authorizes the public transportation agency to contract with a private vendor or governmental agency to process notices of violations.
FISCAL EFFECT: None. This bill is keyed non-fiscal by the Legislative Counsel.
COMMENTS: In 2006, SB 1749 (Migden), Chapter 258, Statutes of 2006, authorized the City and County of San Francisco (operator of SFMuni) and the Los Angeles Metropolitan Transportation Agency (Metro) to set up and enforce an administrative penalty and adjudication process for certain public transportation system violations, including failure to pay a fare or misuse of a fare pass. The transit agencies could use this administrative process as an alternative to the criminal court system for the same offenses. The process includes the ability for a person to request a review and contest the citation through a hearing process, but the person avoids the court system. Although SB 1749 provided this administrative process for adults in these jurisdictions, it specifically precluded minors from using it, which forced minors to deal with transit citations through the courts.
Subsequent legislation expanded the authority to all transit agencies to develop and utilize this alternative administrative method for dealing with citations, and allowed its use for minors as well as adults. Additionally, current law allows these transit agencies to set the administrative penalty amounts for these infractions but provides that the amounts shall not exceed the maximum statutory criminal penalties for the same offenses, which is currently up to $250 for the first and second offense and up to $400 for a third or subsequent offense. This amount only represents a base fine. The amount spelled out in statute as a fine are base figures, as these amounts are subject to statutorily-imposed penalty assessments, such as fees and surcharges. For example, a $250 fine could total over $1,000 after the additional fees are added.
In recent years, the Legislature has debated the issue of abnormally high criminal penalties and assessments in California. Legislative leaders continue to work with the Judicial Council, courts and other stakeholders on this important issue. There have been numerous legislative efforts to provide opportunities for low income people to reduce fines, have payment options or possible alternatives to fines such as community service. These include minor public transit citations such as fare evasion. The most recent effort, SB 882 (Hertzberg), Chapter 167, Statutes of 2016, decriminalized public transit fare evasion for minors by eliminating transit agencies’ ability to cite for these infractions and misdemeanors under the penal code. As an alternative, this bill allows minors to continue to be subject to the administrative process set up by the transit agency.
Currently, only SFMuni and Metro are utilizing this administrative process for citations.
According to the California Transit Association (CTA), one of the sponsors of this bill, transit agencies cite cost as the main barrier to moving away from the penal code and setting up the administrative process. Current law requires that all fines collected for the citations be deposited in the county general fund in the county where the citation is issued. The two agencies that currently have an administrative process have agreements with their respective county to receive the revenue from the citations. This revenue helps offset some of the costs associated with establishing and operating the administrative process.
This bill follows up on the work of the author last year by allowing transit agencies that have an administrative process for citations to retain the revenue collected. This bill authorizes the issuing agencies to allow payment of the citation if the total amount is $200 or more and the person provides evidence of inability to pay in full. Additionally, both minors and those with an inability to pay may perform community service in lieu of payment of the fines. According to the author, the guarantee of the additional funding will provide an incentive for transit agencies to use the administration process. Further, he states that providing alternatives for vulnerable communities decreases the likelihood that they will fall deeper into poverty, while still imposing a penalty for a committed offense.
As co-sponsors of this bill, CTA and the Western Center of Law and Poverty note that, “as California leads the way to reduce the negative impacts of transportation related violations on the economic conditions of low-income residents with cars, we should also be leading the way in reducing criminalization of low-income residents without cars. SB 614 inches us closer to this goal by allowing transportation agencies to use an administrative procedure to enforce transit laws, it will reduce the need for penal code enforcement and criminal citations.” They go on to state that, “by improving the financial situation of local transportation agencies, we anticipate that there will be improved access to transportation for low-income youth and adults alike, whereby strengthening their ability to exit poverty. By reducing the criminalization of an infraction, we remove a chance that a transit citation will lead a youth or adult into the criminal justice system, which makes it more difficult to succeed.”
In writing in support of this bill, the Santa Clara Valley Transportation Authority discusses the many advantages of the alternative administrative approach; however, they also agree that cost is a factor in setting up and running the system, “a public transit agency would incur one-time costs to set up the administrative process, as well as, ongoing costs to implement it, but would have to cover these added expenses through its existing operating budget, which would impact the resources that would be available for providing transit service.” Further, they state that the county would no longer incur the costs to process these cases through the courts.
Committee comments: There is a concern that remitting the funds generated from the fines and penalties to the issuing agency may incentivize the issuance of citations. The two transit agencies that are currently utilizing this administrative process for fare evasion and misconduct violations report that the fine recovery accounts for roughly 20-35% of the costs of administering the system; however, it keeps minors and adults out of the criminal justice system for these minor offenses. Additionally, this bill caps the fees for these offenses at $125 for the first and second offense and $200 for a third or subsequent offense, which is half of the amount allowed under the penal code. This bill also requires agencies to permit the performance of community service in lieu of payments of the penalties for any minor and people who have an inability to pay in full.
The Legislature continues to debate the overall fines and penalties system in California and how it affects certain populations, including low income individuals and minors. Making it easier for public transit agencies to shift to an administrative process rather than pursuing court remedies for fare evasion and passenger misconduct is a step toward the goal of assisting these populations while still imposing penalties for an offense.
Previous legislation: SB 882 (Hertzberg), Chapter 167, Statutes of 2016, prohibited monies from being charged with a penal code infraction or misdemeanor for public transportation fare evasion.
SB 413 (Wieckowski), Chapter 765, Statutes of 2015, authorized public transportation agencies to utilize an administrative process for minors.
AB 492 (Galgiani), Chapter 366, Statues of 2012, authorized all public transportation agencies to impose and enforce administrative penalties for fare evasion and passenger misconduct violations, except for minors. Also required the penalties collected by the public transportation agency be deposited in the general fund of the county in which the citation is administered.
AB 426 (Lowenthal), Chapter 100, Statutes of 2011, authorized the Southern California Regional Rail Authority and the North County Transit District to impose and enforce administrative penalties for fare evasion and passenger misconduct violations, except for minors.
SB 1320 (Hancock), Chapter 493, Statutes of 2010, authorized the Santa Clara Valley Transportation Authority, the Sacramento Regional Transit District, Long Beach Transit, Foothill Transit, and the Alameda-Contra Costa Transit District to impose and enforce administrative penalties for fare evasion and passenger misconduct violations, except for minors.
SB 1749 (Migden), Chapter 258, Statues of 2006, authorized the city and county of San Francisco and the Metro to impose and enforce administrative penalties for fare evasion and passenger misconduct violations, except for minors.
REGISTERED SUPPORT / OPPOSITION:
Support
California Transit Association (Co-sponsor)
Western Center on Law and Poverty (Co-sponsor)
California Conference Board of the Amalgamated Transit Union
California Conference of Machinists
California Teamsters Public Affairs Council
Coalition of California Welfare Rights Organizations
San Francisco Bay Area Rapid Transit District
Santa Clara Valley Transportation Authority
Opposition
None on file
Analysis Prepared by: Melissa White / TRANS. / (916) 319-2093
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB |
THIRD READING
Bill No: SB 614
:
SENATE TRANS. & HOUSING COMMITTEE: 11-0, 4/18/17
AYES: Beall, Cannella, Allen, Atkins, McGuire, Mendoza, Morrell, Roth, Skinner, Wieckowski, Wiener
NO VOTE RECORDED: Bates, Gaines
SOURCE: California Transit Association
Western Center on Law and Poverty
DIGEST: This bill makes various changes to the civil administrative process used by transit agencies for fare evasion and other passenger misconduct.
Senate Floor Amendments of 5/4/17 add language to establish a payment installment framework for transit riders that are subject to penalties as specified.
Existing law:
- Makes it a crime, punishable as an infraction or misdemeanor, for a person to commit certain acts on or in a facility or vehicle of a public transportation system.
- Authorizes a public transportation agency to adopt and enforce an ordinance to impose and enforce civil administrative penalties for fare evasion and other passenger misconduct on or in a transit facility or vehicle in lieu of the criminal penalties, as specified.
- Prohibits a public transportation agency from establishing administrative penalty amounts that exceed the maximum penalty amount established for criminal penalties.
- Requires administrative penalties to be deposited in the general fund of the county in which the citation is administered.
- Provides that a hearing officer may allow for payment for a fare evasion or misconduct violation in installments or deferred payments if the person proves financial hardship.
- Provides that an administrative hearing officer may require community service in lieu of payment for a fare or misconduct violation.
This bill:
- Requires the administrative penalties generated through the abovementioned violations to be deposited with the public transportation agency that issued the citation.
- Caps the administrative penalties for the first and second violation at $125 and the third and subsequent violations at $200.
- Requires the administrative hearing officer to offer a minor or a person proving financial hardship the option of community service in lieu of payment for a fare or misconduct violation.
- Allows the transit agency issuing the citation to set up payment options/installments for administrative penalties, as specified.
Comments
- Author’s statement. According to the author, “Over the years, the public has been faced with ever increasing fines and fees for non-public safety related violations, including up to $400 and even jail time for fare evasion on public transit systems. The impact of high fines has been shown to be detrimental, particularly to working class Californians and communities of color, who are disproportionately cited for fare evasion.
Senate Bill 614 reduces administrative penalties for fare evasion to a reasonable amount that still acts as a proper deterrent and penalty, maxing out at $200.
Unfortunately, even $200 is more than some can afford, including students and low-income Californians. This bill requires transit agencies to offer community service for youth under 18 years of age or for individuals who are unable to pay the monetary penalty. The bill ensures transit agencies can properly deter fare evasion while ensuring all Californians have an ability to resolve their fare evasion citations without becoming criminals.”
- Transit ridership. Over the years it has been widely reported that a significant percentage of transit ridership is comprised of low-income passengers. A 2014 article in Governing Magazine reported that 22.4% of public transportation commuters in Los Angeles were considered living in poverty. The article further noted that 23.1% of San Diego’s public transportation commuters were living in poverty and 15.8% in Sacramento. Particularly for minors, writing as sponsors of the bill, the California Transit Association notes that the “inability to afford transportation to and from school is one of the most frequently cited barriers that low-income youth face in attending school. Public transportation systems are often the only source of transportation and mobility for low-income Californians.” As public transportation agencies continue their efforts to improve transit services within their jurisdictions, ensuring low-income riders can afford to get around remains a struggle.
- Easing the burden. 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 a result, minors were instead required to resolve transit citations through the judicial system. Ultimately the process contributed to the overburdened court system which left many low income minors accruing significant fines, and in some circumstances, arrest warrants.
Over time, legislative efforts have provided opportunities for low income riders to clear up minor transit violations such as fare evasion. The most recent effort, SB 882 (Hertzberg, Chapter 167, Statutes of 2016), allows minors to be subject to an administrative civil proceeding set up by a public transportation agency for certain transit violations rather than receiving criminal penalties. This bill continues the author’s efforts in setting up this administrative structure to allow low-income riders to remedy minor transit violations without receiving long-term penalties.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
California Transit Association (co-source)
Western Center on Law and Poverty (co-source)
OPPOSITION: (Verified 4/21/17)
None received
5/9/17 16:30:28
**** END ****
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB |
THIRD READING
Bill No: SB 614
:
SENATE TRANS. & HOUSING COMMITTEE: 11-0, 4/18/17
AYES: Beall, Cannella, Allen, Atkins, McGuire, Mendoza, Morrell, Roth, Skinner, Wieckowski, Wiener
NO VOTE RECORDED: Bates, Gaines
SOURCE: California Transit Association
Western Center on Law and Poverty
DIGEST: This bill makes various changes to the civil administrative process used by transit agencies for fare evasion and other passenger misconduct.
Existing law:
- Makes it a crime, punishable as an infraction or misdemeanor, for a person to commit certain acts on or in a facility or vehicle of a public transportation system.
- Authorizes a public transportation agency to adopt and enforce an ordinance to impose and enforce civil administrative penalties for fare evasion and other passenger misconduct on or in a transit facility or vehicle in lieu of the criminal penalties, as specified.
- Prohibits a public transportation agency from establishing administrative penalty amounts that exceed the maximum penalty amount established for criminal penalties.
- Requires administrative penalties to be deposited in the general fund of the county in which the citation is administered.
- Provides that a hearing officer may allow for payment for a fare evasion or misconduct violation in installments or deferred payments if the person proves financial hardship.
- Provides that an administrative hearing officer may require community service in lieu of payment for a fare or misconduct violation.
This bill:
- Requires the administrative penalties generated through the abovementioned violations to be deposited with the public transportation agency that issued the citation.
- Caps the administrative penalties for the first and second violation at $125 and the third and subsequent violations at $200.
- Requires the administrative hearing officer to offer a minor or a person proving financial hardship the option of community service in lieu of payment for a fare or misconduct violation.
Comments
- Author’s statement. According to the author, “Over the years, the public has been faced with ever increasing fines and fees for non-public safety related violations, including up to $400 and even jail time for fare evasion on public transit systems. The impact of high fines has been shown to be detrimental, particularly to working class Californians and communities of color, who are disproportionately cited for fare evasion.
Senate Bill 614 reduces administrative penalties for fare evasion to a reasonable amount that still acts as a proper deterrent and penalty, maxing out at $200.
Unfortunately, even $200 is more than some can afford, including students and low-income Californians. This bill requires transit agencies to offer community service for youth under 18 years of age or for individuals who are unable to pay the monetary penalty. The bill ensures transit agencies can properly deter fare evasion while ensuring all Californians have an ability to resolve their fare evasion citations without becoming criminals.”
- Transit ridership. Over the years it has been widely reported that a significant percentage of transit ridership is comprised of low-income passengers. A 2014 article in Governing Magazine reported that 22.4% of public transportation commuters in Los Angeles were considered living in poverty. The article further noted that 23.1% of San Diego’s public transportation commuters were living in poverty and 15.8% in Sacramento. Particularly for minors, writing as sponsors of the bill, the California Transit Association notes that the “inability to afford transportation to and from school is one of the most frequently cited barriers that low-income youth face in attending school. Public transportation systems are often the only source of transportation and mobility for low-income Californians.” As public transportation agencies continue their efforts to improve transit services within their jurisdictions, ensuring low-income riders can afford to get around remains a struggle.
- Easing the burden. 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 a result, minors were instead required to resolve transit citations through the judicial system. Ultimately the process contributed to the overburdened court system which left many low income minors accruing significant fines, and in some circumstances, arrest warrants.
Over time, legislative efforts have provided opportunities for low income riders to clear up minor transit violations such as fare evasion. The most recent effort, SB 882 (Hertzberg, Chapter 167, Statutes of 2016), allows minors to be subject to an administrative civil proceeding set up by a public transportation agency for certain transit violations rather than receiving criminal penalties. This bill continues the author’s efforts in setting up this administrative structure to allow low-income riders to remedy minor transit violations without receiving long-term penalties.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
California Transit Association (co-source)
Western Center on Law and Poverty (co-source)
OPPOSITION: (Verified 4/21/17)
None received
4/24/17 11:10:27
**** END ****
SENATE COMMITTEE ON TRANSPORTATION AND HOUSING
Senator Jim Beall, Chair
2017 - 2018 Regular
Bill No: Hearing Date: 4/18/2017
Author: | Hertzberg | ||
Version: | 4/5/2017 | ||
Urgency: | No | Fiscal: | No |
Consultant: | Manny Leon | ||
SUBJECT: .
DIGEST: This bill makes various changes to the civil administrative process used by transit agencies for fare evasion and other passenger misconduct.
ANALYSIS:
Existing law:
- Makes it a crime, punishable as an infraction or misdemeanor, for a person to commit certain acts on or in a facility or vehicle of a public transportation system.
- Authorizes a public transportation agency to adopt and enforce an ordinance to impose and enforce civil administrative penalties for fare evasion and other passenger misconduct on or in a transit facility or vehicle in lieu of the criminal penalties, as specified.
- Prohibits a public transportation agency from establishing administrative penalty amounts that exceed the maximum penalty amount established for criminal penalties.
- Requires administrative penalties to be deposited in the general fund of the county in which the citation is administered.
- Provides that a hearing officer may allow for payment for a fare evasion or misconduct violation in installments or deferred payments if the person proves financial hardship.
- Provides that an administrative hearing officer may require community service in lieu of payment for a fare or misconduct violation.
This bill:
- Requires the administrative penalties generated through the abovementioned violations to be deposited with the public transportation agency that issued the citation.
- Caps the administrative penalties for the first and second violation at $125 and the third and subsequent violations at $200.
- Require the administrative hearing officer to offer a minor or a person proving financial hardship the option of community service in lieu of payment for a fare or misconduct violation.
COMMENTS:
- Author’s statement. According to the author, “Over the years, the public has been faced with ever increasing fines and fees for non-public safety related violations, including up to $400 and even jail time for fare evasion on public transit systems. The impact of high fines has been shown to be detrimental, particularly to working class Californians and communities of color, who are disproportionately cited for fare evasion.
Senate Bill 614 reduces administrative penalties for fare evasion to a reasonable amount that still acts as a proper deterrent and penalty, maxing out at $200.
Unfortunately, even $200 is more than some can afford, including students and low-income Californians. This bill requires transit agencies to offer community service for youth under 18 years of age or for individuals who are unable to pay the monetary penalty. The bill ensures transit agencies can properly deter fare evasion while ensuring all Californians have an ability to resolve their fare evasion citations without becoming criminals.”
- Transit ridership. Over the years it has been widely reported that a significant percentage of transit ridership is comprised of low-income passengers. A 2014 article in Governing Magazine reported that 22.4% of public transportation commuters in Los Angeles were considered living in poverty. The article further noted that 23.1% of San Diego’s public transportation commuters were living in poverty and 15.8% in Sacramento. Particularly for minors, writing as sponsors of the bill, the California Transit Association notes that the “inability to afford transportation to and from school is one of the most frequently cited barriers that low-income youth face in attending school. Public transportation systems are often the only source of transportation and mobility for low-income Californians.” As public transportation agencies continue their efforts to improve transit services within their jurisdictions, ensuring low-income riders can afford to get around remains a struggle.
- Easing the burden. 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 a result, minors were instead required to resolve transit citations through the judicial system. Ultimately the process contributed to the overburdened court system which left many low income minors accruing significant fines, and in some circumstances, arrest warrants.
Over time, legislative efforts have provided opportunities for low income riders to clear up minor transit violations such as fare evasion. The most recent effort, SB 882 (Hertzberg, Chapter 167, Statutes of 2016), allows minors to be subject to an administrative civil proceeding set up by a public transportation agency for certain transit violations rather than receiving criminal penalties. This bill continues the author’s efforts in setting up this administrative structure to allow low-income riders to remedy minor transit violations without receiving long-term penalties.
Related Legislation:
SB 882 (Hertzberg, Chapter 167, Statutes of 2016) — authorizes minors to be subject to an administrative civil proceeding set up by a public transportation agency for evading a transit fare rather than receiving criminal penalties.
FISCAL EFFECT: Appropriation: No Fiscal Com.: No Local: No
POSITIONS: (Communicated to the committee before noon on Wednesday,
April 12, 2017.)
SUPPORT:
California Transit Association (co-sponsor)
Western Center on Law and Poverty (co-sponsor)
OPPOSITION:
None received.
Bill Author
Bill Co-Author(s):