99150. In locating its bus stops, park and ride service facilities,
and special service terminal points and stations, a transit district
shall consult with, and consider the recommendations of, the city if
such transit facilities are to be located therein, or the county if
such transit facilities are to be located in the unincorporated area
thereof, on the proposed locations.
The city or county, as the case may be, in making its
recommendations to the transit district on the proposed location of
any such transit facilities, shall consider whether the proposed
location is consistent with the circulation element of its general
plan.
99151. Any transit district whose area is served by the Southern
Pacific Transportation Company line from the City of San Jose to the
City and County of San Francisco may make a bulk purchase of
passenger tickets for that line from the company, or from the
Greyhound Bus Lines for transportation services within the area, or
from both, for resale at less than the cost to the transit district
to residents of the transit district.
The governing body of the transit district shall determine the
resale price of tickets purchased by it.
99152. Any public transit guideway planned, acquired, or
constructed, on or after January 1, 1979, is subject to regulations
of the Public Utilities Commission relating to safety appliances and
procedures.
The commission shall inspect all work done on those guideways and
may make further additions or changes necessary for the purpose of
safety to employees and the general public.
The commission shall develop an oversight program employing safety
planning criteria, guidelines, safety standards, and safety
procedures to be met by operators in the design, construction, and
operation of those guideways. Existing industry standards shall be
used where applicable.
The commission shall enforce the provisions of this section.
99153. Any transit district or operator may adopt uniform standards
to rate bidders, on the basis of questionnaires and required
statements, with respect to contracts for railroad rolling stock upon
which each bidder is qualified to bid. Notwithstanding any other
provision of law, the district or operator may limit bidding and
award of contracts for railroad rolling stock to the bidders the
district or operator has determined are qualified to bid. However,
the district or operator shall qualify at least two persons or
entities for bidding on the contracts.
99154. Any transit district or operator may require from
prospective bidders for any contract answers to questions contained
in a standard questionnaire and financial statement, including a
complete statement of the prospective bidder's financial ability and
experience in performing public contracts. When completed, the
questionnaire and financial statement shall be verified under oath by
the bidder in the manner in which pleadings are verified in civil
actions.
The questionnaires and financial statements are not public records
and shall not be open to public inspection.
99155. (a) Each transit operator, whether publicly or privately
funded all or in part, nonprofit or profit, which offers reduced
fares to senior citizens shall honor the federal Medicare
identification card as sufficient identification to receive reduced
fares. A transit operator which offers reduced fares to those senior
citizens who are less than 65 years old shall also honor the senior
citizen identification card issued pursuant to subdivision (b) of
Section 13000 of the Vehicle Code.
(b) Each transit operator, whether publicly or privately funded,
in whole or in part, nonprofit or for profit, which offers reduced
fares pursuant to subdivision (a) shall also offer reduced fares to
handicapped persons, as defined by Section 99206.5, disabled persons,
as defined by Section 295.5 of the Vehicle Code, and disabled
veterans, as defined by Section 295.7 of the Vehicle Code, at the
same rate established for senior citizens. A transit operator shall
honor the handicapped person, disabled person, or disabled veteran
placard identification card issued pursuant to Section 22511.55 of
the Vehicle Code.
(c) Every transit operator that offers reduced fares to
handicapped or disabled persons shall honor any current
identification card that is valid for the type of transportation
service or discount requested and that has been issued to an
individual with a handicap or disability by another transit operator.
(d) This section also applies to any dial-a-ride, paratransit, or
nonfixed route operator which serves the handicapped or disabled, but
does not apply to a private, nonprofit entity which serves the
handicapped, disabled, or elderly.
(e) Nothing in this section prohibits a transit operator from
issuing its own identification card, except that no such card shall
be required to be presented in addition to either a federal Medicare
card or a card issued pursuant to Section 22511.55 of the Vehicle
Code.
(f) A transit operator, as defined in subdivision (b), which
receives funds pursuant to the Mills-Alquist-Deddeh Act (Chapter 4
(commencing with Section 99200)), shall not require that a person
requesting transportation be a resident of that transit operator's
service area.
99155.1. (a) There shall be close coordination between local
transit providers and county welfare departments in order to ensure
that transportation moneys available for purposes of assisting
recipients of aid under Chapter 2 (commencing with Section 11200) of
Part 3 of Division 9 of the Welfare and Institutions Code are
expended efficiently for the benefit of that population.
(1) In areas where public transit service is available, local
transit providers shall give priority, in the use of funds allocated
under the CalWORKs program and made available by the county, to the
enhancement of public transportation services for welfare-to-work
purposes.
(2) In areas where public transit services are unavailable, local
transit providers shall give priority, in the use of funds allocated
under the CalWORKs program and made available by the county, to the
enhancement of transportation alternatives, such as, but not limited
to, subsidies or vouchers, van pools, and contract paratransit
operations, in order to promote welfare-to-work purposes.
(b) In areas where public transit service is available, local
transit providers shall consider giving priority in the use of
transit funds to the enhancement of public transportation services
for welfare-to-work purposes.
99155.5. (a) The Legislature intends that dial-a-ride and
paratransit services be accessible to handicapped persons, as defined
in Section 99206.5. It is intended that transportation service be
provided for employment, education, medical, and personal reasons.
Transportation for individuals with disabilities is a necessity, and
allows these persons to fully participate in our society.
The Legislature finds and declares that the term "paratransit," as
used in the Americans with Disabilities Act of 1990 (Public Law
101-336), refers to transportation services with specific criteria of
quality and quantity, and which are required to be made available to
limited classes of persons based on eligibility categories; this is
often referred to as "ADA paratransit" or "complementary paratransit."
The Legislature finds and declares that the terms "paratransit" and
"dial-a-ride," as used in the laws of this state, apply to a broader
range of transportation services and that not all individuals with
disabilities under the laws of this state are eligible for "ADA
paratransit" under the federal law.
(b) Each transit operator, profit or nonprofit, which provides, or
contracts for the provision of, dial-a-ride or paratransit service
for individuals with disabilities and which receives public funding
pursuant to the Mills-Alquist-Deddeh Act (Chapter 4 (commencing with
Section 99200)) for that service shall provide the service without
regard to either of the following:
(1) Whether the person is a member of a household which owns a
motor vehicle.
(2) The place of residence of the person who requests
transportation service within the service area of the provider. To
the extent that they are eligible for the specified service
requested, all persons requesting transportation service in the
service area of the provider shall be provided service on the same
terms and at the same price that service is provided to other persons
residing within the service area of the provider.
(c) Subdivision (b) does not preclude a provider from offering a
subscription service, and does not require a reduction in the amount
the provider charges other public or private agencies.
(d) Except as required by the Americans with Disabilities Act of
1990 (Public Law 101-336) and federal regulations adopted pursuant
thereto or by higher standards prescribed by the laws of this state,
nothing in this section requires any transit operator which provides
service to individuals with disabilities in a manner consistent with
subdivision (b) to make those services available outside the operator'
s established operating service area, or requires the operator to
make the presentation of identification a condition to using the
service.
(e) A transit operator shall honor any current identification card
which is valid for the type of transportation service or discount
requested and which has been issued to an individual with
disabilities by another transit operator.
(f) Any person who believes an operator has violated Section 99155
or 99155.5 may file a report of the alleged violation with the
transportation planning agency or county transportation commission.
Any individual with disabilities may request the Attorney General to
resolve any dispute as to compliance with Section 99155 or this
section.
99156. Notwithstanding any other provision of law, a transit
district may provide compensation to a member of the governing board
of the district only for attendance at a meeting of the board or for
each day the member is engaged in other district business within or
without the district. A member who engages in district business other
than attendance at board meetings shall first obtain authorization
of the board for reimbursement of travel expenses or other
compensation before engaging in that business and shall submit a
report thereof to the board for all expenditures.
99157. Notwithstanding any other provision of law, a transit
district may not provide any life, accident, or health insurance plan
to any member or former member of the governing board of the
district who first served as a member of the governing board after
January 1, 1989, that exceeds the benefits provided to full-time
active or retired district employees. The terms, conditions, or
contributions applicable to any plan provided for employees shall
also apply to any plan provided for those members of the governing
board.
99158. Notwithstanding any other provision of law, a transit
district may not establish or contribute to a pension or retirement
benefits plan or purchase an annunity for any member of its governing
board who first served as a member of the governing board after
January 1, 1989. This section does not apply to a deferred
compensation plan described in Section 53213 of the Government Code.
99159. (a) Any retirement system established or maintained pursuant
to this division for employees of a transit district who are members
of a unit appropriate for collective bargaining shall be maintained
pursuant to a collective bargaining agreement and this section.
(b) Notwithstanding any other provision of this division, the
retirement system and the funds of the system shall be managed and
administered by a retirement board composed of equal representation
of labor and management. Any deadlock among the members of the board
with respect to that management and administration shall be resolved
in the manner specified in Section 302 of the federal Labor
Management Relations Act, 1947 (29 U.S.C. Sec. 186(c)(5)).
(c) The duties and responsibilities of the retirement board shall
be executed in accordance with Section 17 of Article XVI of the
California Constitution.
(d) This section does not apply to any public transit district
that has, pursuant to a collective bargaining agreement, provided
membership for the district's represented employees in the Public
Employees' Retirement System, a retirement system established
pursuant to the County Employees Retirement Law of 1937, or a pension
trust subject to the Employee Retirement Income Security Act of 1974
(29 U.S.C. Sec. 1001 et seq.) or any transit district where the
membership of the governing board of the transit district is directly
elected by the voters.
99160. Any public entity which plans the development of, or which
operates, a rail transit system, shall, with respect to any current
or future rail transit system, (a) develop motor vehicle parking
facilities to serve the system's passengers at stations planned to be
park and ride facilities, and (b) expand private enterprise
participation in the development of air space and publicly owned
assets to provide those parking facilities.
99161. (a) Space at a publicly owned transportation facility may be
leased by competitive bid, taking into consideration affordability
and quality of care, to a child care operator who has obtained
licensure as required by Section 1596.80 of the Health and Safety
Code. Priority for child care services provided by the center shall
be given to the children of public agency employees who work at the
transportation facility and children of users of the transportation
facility.
(b) No state funds shall be provided to any child care operator
pursuant to this section unless all of the following conditions are
met:
(1) The child care facility is open to children without regard to
any child's religious beliefs or any other factor related to
religion.
(2) No religious instruction is included in the child care
program.
(3) The space in which the child care program is operated is not
utilized in any manner to foster religion during the time it is used
for child care.
(c) The Legislature finds and declares that the use of publicly
owned transportation facilities for the purpose of furnishing child
care services for the benefit of persons using public transit is in
the public interest and serves a public purpose.
99162. Notwithstanding any other provision of law, one or more
local agencies listed in subdivision (i) of Section 99602 may
undertake a study or a joint study concerning the feasibility of
extending the commuter rail or intercity rail service described in
subdivision (c) of Section 99622 beyond the City of Davis to the City
of Dixon.
99163. On and after January 1, 2005, whenever a transit operator
improves or replaces a ticket vending machine at a public transit
station to include video instructions, the transit operator shall
also equip the ticket vending machine with audio instructions that
will enable visually impaired persons to follow the visual prompts.
State funds made available to the operator through the State
Transportation Assistance Program under Section 99312 shall be
available for the purposes of this section.
99164. (a) When installing new security systems, a transit agency
operated by an operator as defined in Section 99210 shall only
purchase and install equipment capable of storing recorded images for
at least one year, unless all of the following conditions apply:
(1) The transit agency has made a diligent effort to identify a
security system that is capable of storing recorded data for one
year.
(2) The transit agency determines that the technology to store
recorded data in an economically and technologically feasible manner
for one year is not available.
(3) The transit agency purchases and installs the best available
technology with respect to storage capacity that is both economically
and technologically feasible at that time.
(b) Notwithstanding any other provision of law, videotapes or
recordings made by security systems operated as part of a public
transit system shall be retained for one year, unless one of the
following conditions applies:
(1) The videotapes or recordings are evidence in any claim filed
or any pending litigation, in which case the videotapes or recordings
shall be preserved until the claim or the pending litigation is
resolved.
(2) The videotapes or recordings recorded an event that was or is
the subject of an incident report, in which case the videotapes or
recordings shall be preserved until the incident is resolved.
(3) The transit agency utilizes a security system that was
purchased or installed prior to January 1, 2004, or that meets the
requirements of subdivision (a), in which case the videotapes or
recordings shall be preserved for as long as the installed technology
allows.
99165. (a) For purposes of this section, "environmental and public
health impacts" means those impacts that affect the health and
environment of persons living, working, and attending school in the
vicinity of a bus fueling station, including, but not limited to,
impacts associated with nuisance odors.
(b) On or before July 1, 2003, the Omnitrans Joint Powers
Authority shall contract with an independent third party to prepare
and submit to the Legislature and the Governor a report on the
environmental and public health impacts of transit bus fueling
stations located within the jurisdiction of the authority and owned
or operated by the authority. In conducting the assessment, the
authority shall hold at least one noticed public hearing in the
vicinity of each bus fueling station for the purposes of soliciting
input from persons who may be affected by those impacts. The
authority shall consult with the South Coast Air Quality Management
District and other appropriate federal, state, local agencies, and
community groups representing residents of the affected areas, in
conducting the assessment.
(c) The Omnitrans Joint Powers Authority shall solely use state
funds allocated to it or its member agencies pursuant to the State
Transportation Assistance Program under Section 99313.3 in order to
comply with this section.
99170. (a) A person shall not do any of the following with respect
to the property, facilities, or vehicles of a transit district:
(1) Operate, interfere with, enter into, or climb on or in, the
property, facilities, or vehicles owned or operated by the transit
district without the permission or approval of the transit district.
(2) Interfere with the operator or operation of a transit vehicle,
or impede the safe boarding or alighting of passengers.
(3) Extend any portion of the body through a window opening of a
transit vehicle in a manner that may cause harm or injury.
(4) Throw an object from a transit vehicle.
(5) Commit an act or engage in a behavior that may, with
reasonable foreseeability, cause harm or injury to any person or
property.
(6) Violate a notice, prohibition, instruction, or direction on a
sign that is intended to provide for the safety and security of
transit passengers, or the safe and secure operation of the transit
system.
(b) For purposes of this section, "transit district" means an
entity that qualifies as a claimant, as defined in Section 99203,
eligible to receive allocations under Chapter 4 (commencing with
Section 99200).
(c) A violation of this section is an infraction under Section
19.8 of the Penal Code punishable by a fine not exceeding
seventy-five dollars ($75), and a violation by a person after a
second conviction is punishable by a fine not exceeding two hundred
fifty dollars ($250) or by community service that does not conflict
with the violator's hours of school attendance or employment for a
total time not to exceed 48 hours over a period not to exceed 60
days.
(d) A transit district shall provide reasonable notification to
the public of the activities prohibited by this section and the
penalties for violations of those prohibitions.
(e) This section does not prohibit a person from engaging in
activities that are protected under the laws of the United States or
of this state, including, but not limited to, picketing,
demonstrating, or distributing handbills.
(f) Transit districts shall maintain records of violations and the
number of citations issued with respect to the actions prohibited
under this section until January 1, 2005. The transit districts shall
prepare a summary report of these actions and related findings with
respect to the implementation and operation of this section and shall
submit the report to the Legislature on or before January 1, 2006.
(g) Revenue from fines imposed pursuant to subdivision (c) shall
not be distributed or allocated to the transit agency issuing
citations under this section. Fine revenue instead shall be allocated
to the other entities eligible to receive those funds under existing
law.
99171. (a) (1) A transit district may issue a prohibition order to
any person to whom either of the following applies:
(A) On at least three separate occasions within a period of 60
consecutive days, the person is cited for an infraction committed in
or on a vehicle, bus stop, or light rail station of the transit
district for any act that is a violation of paragraph (2) or (5) of
subdivision (a) of Section 99170 of this code or paragraph (6), (7),
(8), or (9) of subdivision (b) of Section 640 or Section 640.5 of the
Penal Code.
(B) The person is arrested or convicted for a misdemeanor or
felony committed in or on a vehicle, bus stop, or light rail station
of the transit district for acts involving violence, threats of
violence, lewd or lascivious behavior, or possession for sale or sale
of a controlled substance.
(C) The person is convicted of a violation of Section 11532 of the
Health and Safety Code or Section 653.22 of the Penal Code.
(2) A person subject to a prohibition order may not enter the
property, facilities, or vehicles of the transit district for a
period of time deemed appropriate by the transit district, provided
that the duration of a prohibition order shall not exceed the
following, as applicable:
(A) Thirty days if issued pursuant to subparagraph (A) of
paragraph (1), provided that a second prohibition order within one
year may not exceed 90 days, and a third or subsequent prohibition
order within one year may not exceed 180 days.
(B) Thirty days if issued pursuant to an arrest pursuant to
subparagraph (B) of paragraph (1). Upon conviction of a misdemeanor
offense, the duration of the prohibition order for the conviction,
when added to the duration of the prohibition order for the initial
arrest, if any, may not exceed 180 days. Upon conviction of a felony
offense, the duration of the prohibition order for the conviction,
when added to the duration of the prohibition order for the initial
arrest, if any, may not exceed one year.
(3) No prohibition order issued under this subdivision shall be
effective unless the transit district first affords the person an
opportunity to contest the transit district's proposed action in
accordance with procedures adopted by the transit district for this
purpose. A transit district's procedures shall provide, at a minimum,
for the notice and other protections set forth in subdivisions (b)
and (c), and the transit district shall provide reasonable
notification to the public of the availability of those procedures.
(b) (1) A notice of a prohibition order issued under subdivision
(a) shall set forth a description of the conduct underlying the
violation or violations giving rise to the prohibition order,
including reference to the applicable statutory provision, ordinance,
or transit district rule violated, the date of the violation, the
approximate time of the violation, the location where the violation
occurred, the period of the proposed prohibition, and the scope of
the prohibition. The notice shall include a clear and conspicuous
statement indicating the procedure for contesting the prohibition
order. The notice of prohibition order shall be personally served
upon the violator. The notice of prohibition order, or a copy, shall
be considered a record kept in the ordinary course of business of the
transit district and shall be prima facie evidence of the facts
contained in the notice establishing a rebuttable presumption
affecting the burden of producing evidence. For purposes of this
paragraph, "clear and conspicuous" means in larger type than the
surrounding text, or in contrasting type, font, or color to the
surrounding text of the same size, or set off from the surrounding
text of the same size by symbols or other marks that call attention
to the language.
(2) For purposes of this section, "personal service" means any of
the following:
(A) In-person delivery.
(B) Delivery by any form of mail providing for delivery
confirmation, postage prepaid, to at least one address provided by
the person being served, including, but not limited to, the address
set forth in any citation or in court records.
(C) Any alternate method approved in writing by the transit
district and the person being served.
(3) If a person served with a notice of prohibition order is not
able, or refuses, to provide a mailing address, the notice of
prohibition order shall set forth the procedure for obtaining any
letters, notices, or orders related to the prohibition order from the
administrative offices of the transit district. For purposes of this
section, delivery shall be deemed to have been made on the following
date, as applicable:
(A) On the date of delivery, if delivered in person.
(B) On the date of confirmed delivery, for any delivery by mail.
(C) For any alternate method of service, as provided in the
writing specifying the alternate method.
(4) Proof of service of the notice shall be filed with the transit
district.
(5) If a person contests a notice of prohibition order, the
transit district shall proceed in accordance with subdivision (c). If
the notice of prohibition order is not contested within 10 calendar
days after delivery by personal service, the prohibition order shall
be deemed final and shall go into effect, without further action by
the transit district, for the period of time set forth in the order.
(6) All prohibition orders shall be subject to an automatic stay
and shall not take effect until the latest of the following:
(A) Eleven calendar days after delivery of the prohibition order
by personal service.
(B) If an initial review is timely requested under paragraph (1)
of subdivision (c), 11 calendar days after delivery by personal
service of the results of the review.
(C) If an administrative hearing is timely requested under
paragraph (3) of subdivision (c), the date the hearing officer's
decision is delivered by personal service.
(c) (1) For a period of 10 calendar days from the delivery of the
prohibition order by personal service, the person may request an
initial review of the prohibition order by the transit district. The
request may be made by telephone, in writing, or in person. There
shall be no charge for this review. In conducting its review and
reaching a determination, the transit district shall determine
whether the prohibition order meets the requirements of subdivision
(a) and, unless the person has been convicted of the offense or
offenses, whether the offense or offenses for which the person was
cited or arrested are proven by a preponderance of the evidence. If,
following the initial review, based on these findings, the transit
district determines that the prohibition order is not adequately
supported or that extenuating circumstances make dismissal of the
prohibition order appropriate in the interest of justice, the transit
district shall cancel the notice. If, following the initial review,
based on these findings, the transit district determines that the
prohibition order should be upheld in whole or in part, the transit
district shall issue a written statement to that effect, including
any modification to the period or scope of the prohibition order. The
transit district shall serve the results of the initial review to
the person contesting the notice by personal service.
(2) The transit district may modify or cancel a prohibition order
in the interest of justice. The transit district shall cancel a
prohibition order if it determines that the person did not understand
the nature and extent of his or her actions or did not have the
ability to control his or her actions. If the person is dependent
upon the transit system for trips of necessity, including, but not
limited to, travel to or from medical or legal appointments, school
or training classes, places of employment, or obtaining food,
clothing, and necessary household items, the transit district shall
modify a prohibition order to allow for those trips. A person
requesting a cancellation or modification in the interest of justice
shall have the burden of establishing the qualifying circumstances by
a preponderance of the evidence.
(3) If the person is dissatisfied with the results of the initial
review, the person may request an administrative hearing of the
prohibition order no later than 10 calendar days after the results of
the initial review are delivered by personal service. The request
may be made by telephone, in writing, or in person. An administrative
hearing shall be held within 30 calendar days after the receipt of a
request for an administrative hearing. The person requesting the
hearing may request one continuance, not to exceed seven calendar
days.
(4) The administrative hearing process shall include all of the
following:
(A) The person requesting the 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 transit district.
(B) The administrative hearing shall be conducted in accordance
with written procedures established by the transit district and
approved by the governing body or chief executive officer of the
transit district. The hearing shall provide an independent,
objective, fair, and impartial review of the prohibition order.
(C) The administrative review shall be conducted before a hearing
officer designated to conduct the review by the transit district's
governing body or chief executive officer. In addition to any other
requirements, a hearing officer shall demonstrate the qualifications,
training, and objectivity prescribed by the transit agency's
governing body or chief executive officer as are necessary to fulfill
and that are consistent with the duties and responsibilities set
forth in this subdivision. The hearing officer's continued service,
performance evaluation, compensation, and benefits, as applicable,
shall not be directly or indirectly linked to the number of
prohibition orders upheld by the hearing officer.
(D) The person who issued the notice of prohibition order shall
not be required to participate in an administrative hearing, unless
participation is requested by the person requesting the hearing. The
request for participation must be made at least five calendar days
prior to the date of the hearing and may be made by telephone, in
writing, or in person. The notice of prohibition order, in proper
form, shall be prima facie evidence of the violation or violations
pursuant to subdivision (a) establishing a rebuttable presumption
affecting the burden of producing evidence.
(E) In issuing a decision, the hearing officer shall determine
whether the prohibition order meets the requirements of subdivision
(a) and, unless the person has been convicted of the offense or
offenses, whether the offense or offenses for which the person was
cited or arrested are proven by a preponderance of the evidence.
Based upon these findings, the hearing officer may uphold the
prohibition order in whole, determine that the prohibition order is
not adequately supported, or cancel or modify the prohibition order
in the interest of justice. The hearing officer shall cancel a
prohibition order if he or she determines that the person did not
understand the nature and extent of his or her actions or did not
have the ability to control his or her actions. If the person is
dependent upon the transit system for trips of necessity, including,
but not limited to, travel to or from medical or legal appointments,
school or training classes, places of employment, or obtaining food,
clothing, and necessary household items, the transit district shall
modify a prohibition order to allow for those trips. A person
requesting a cancellation or modification in the interest of justice
shall have the burden of establishing the qualifying circumstances by
a preponderance of the evidence.
(F) The hearing officer's decision following the administrative
hearing shall be delivered by personal service.
(G) A person aggrieved by the final decision of the hearing
officer may seek judicial review of the decision within 90 days of
the date of delivery of the decision by personal service, as provided
by Section 1094.6 of the Code of Civil Procedure.
(d) A person issued a prohibition order under subdivision (a) may,
within 10 calendar days of the date the order goes into effect under
paragraph (6) of subdivision (b), request a refund for any prepaid
fare media rendered unusable in whole or in part by the prohibition
order, including, but not limited to, monthly passes. If the fare
media remain usable for one or more days outside the period of the
prohibition order, the refund shall be prorated based on the number
of days the fare media will be unusable. The issuance of a refund may
be made contingent on surrender of the fare media.
(e) For purposes of this section "transit district" means the
Sacramento Regional Transit District or the Fresno Area Express.
(f) This section shall remain in effect only until January 1,
2012, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2012, deletes or extends
that date.
99172. (a) Prior to exercising the authority given in subdivision
(a) of Section 99171 to issue prohibition orders, a transit district
shall do all of the following:
(1) Establish an advisory committee for the purpose of evaluating
the procedures for and issuance of prohibition orders and
recommending a course of training for personnel charged with issuance
and enforcement of prohibition orders.
(2) Ensure that personnel to be charged with issuance and
enforcement of prohibition orders have received training as
recommended by the advisory committee.
(3) Provide reasonable notification to transit district riders
that persons who engaged in disorderly conduct may be subject to a
prohibition order barring the person from the transit district's
property, facilities, or vehicles for a period of up to one year.
"Reasonable notification" may include, but is not limited to,
information on the transit district's Internet Web site, in written
materials, at transit stations and on citations issued by the transit
district of the types of conduct that may result in issuance of a
prohibition order.
(b) The advisory committee shall be composed of at least five
members appointed by the legislative body of the transit district. At
least one of the members of the advisory committee shall have
experience working with individuals with psychiatric, developmental,
or other disabilities and at least one member shall be a youth
advocate.
(c) The advisory committee shall be tasked, at a minimum, with all
of the following:
(1) Providing recommendations, in consultation with the county
mental health director within the service area of the transit
district, regarding the type and extent of training that should be
undertaken by individuals with responsibility for issuance and
enforcement of prohibition orders, with particular emphasis on
training designed to assist those individuals in identifying and
interacting with persons who are homeless or who have psychiatric,
developmental, or other disabilities.
(2) Identifying, in consultation with the county mental health
director within the service area of the transit district, services
and programs to which persons who are homeless or who have
psychiatric, developmental, or other disabilities may be referred by
transit district enforcement personnel prior to or in conjunction
with issuance of a prohibition order.
(3) Monitoring the issuance of prohibition orders to assist the
transit district in ensuring compliance with Section 51 of the Civil
Code.
(4) Providing the governing board of the transit district and the
Legislature with an annual report summarizing the number of
prohibition orders that were issued by the transit district during
the preceding year, including, but not limited to, the types and
numbers of citations by category, and the number of exclusion orders
appealed, the appeals granted, the reasons granted, and other
relevant information directly related to those orders.
(d) The transit district may use an existing advisory committee to
fulfill the requirements of this section, provided that the
composition and purpose of the existing advisory committee meet or
are modified to meet the requirements of this section.
(e) For purposes of this section "transit district" means the
Sacramento Regional Transit District or the Fresno Area Express.(f)
This section shall remain in effect only until January 1, 2012, and
as of that date is repealed, unless a later enacted statute, that is
enacted before January 1, 2012, deletes or extends that date.
99150. In locating its bus stops, park and ride service facilities,
and special service terminal points and stations, a transit district
shall consult with, and consider the recommendations of, the city if
such transit facilities are to be located therein, or the county if
such transit facilities are to be located in the unincorporated area
thereof, on the proposed locations.
The city or county, as the case may be, in making its
recommendations to the transit district on the proposed location of
any such transit facilities, shall consider whether the proposed
location is consistent with the circulation element of its general
plan.
99151. Any transit district whose area is served by the Southern
Pacific Transportation Company line from the City of San Jose to the
City and County of San Francisco may make a bulk purchase of
passenger tickets for that line from the company, or from the
Greyhound Bus Lines for transportation services within the area, or
from both, for resale at less than the cost to the transit district
to residents of the transit district.
The governing body of the transit district shall determine the
resale price of tickets purchased by it.
99152. Any public transit guideway planned, acquired, or
constructed, on or after January 1, 1979, is subject to regulations
of the Public Utilities Commission relating to safety appliances and
procedures.
The commission shall inspect all work done on those guideways and
may make further additions or changes necessary for the purpose of
safety to employees and the general public.
The commission shall develop an oversight program employing safety
planning criteria, guidelines, safety standards, and safety
procedures to be met by operators in the design, construction, and
operation of those guideways. Existing industry standards shall be
used where applicable.
The commission shall enforce the provisions of this section.
99153. Any transit district or operator may adopt uniform standards
to rate bidders, on the basis of questionnaires and required
statements, with respect to contracts for railroad rolling stock upon
which each bidder is qualified to bid. Notwithstanding any other
provision of law, the district or operator may limit bidding and
award of contracts for railroad rolling stock to the bidders the
district or operator has determined are qualified to bid. However,
the district or operator shall qualify at least two persons or
entities for bidding on the contracts.
99154. Any transit district or operator may require from
prospective bidders for any contract answers to questions contained
in a standard questionnaire and financial statement, including a
complete statement of the prospective bidder's financial ability and
experience in performing public contracts. When completed, the
questionnaire and financial statement shall be verified under oath by
the bidder in the manner in which pleadings are verified in civil
actions.
The questionnaires and financial statements are not public records
and shall not be open to public inspection.
99155. (a) Each transit operator, whether publicly or privately
funded all or in part, nonprofit or profit, which offers reduced
fares to senior citizens shall honor the federal Medicare
identification card as sufficient identification to receive reduced
fares. A transit operator which offers reduced fares to those senior
citizens who are less than 65 years old shall also honor the senior
citizen identification card issued pursuant to subdivision (b) of
Section 13000 of the Vehicle Code.
(b) Each transit operator, whether publicly or privately funded,
in whole or in part, nonprofit or for profit, which offers reduced
fares pursuant to subdivision (a) shall also offer reduced fares to
handicapped persons, as defined by Section 99206.5, disabled persons,
as defined by Section 295.5 of the Vehicle Code, and disabled
veterans, as defined by Section 295.7 of the Vehicle Code, at the
same rate established for senior citizens. A transit operator shall
honor the handicapped person, disabled person, or disabled veteran
placard identification card issued pursuant to Section 22511.55 of
the Vehicle Code.
(c) Every transit operator that offers reduced fares to
handicapped or disabled persons shall honor any current
identification card that is valid for the type of transportation
service or discount requested and that has been issued to an
individual with a handicap or disability by another transit operator.
(d) This section also applies to any dial-a-ride, paratransit, or
nonfixed route operator which serves the handicapped or disabled, but
does not apply to a private, nonprofit entity which serves the
handicapped, disabled, or elderly.
(e) Nothing in this section prohibits a transit operator from
issuing its own identification card, except that no such card shall
be required to be presented in addition to either a federal Medicare
card or a card issued pursuant to Section 22511.55 of the Vehicle
Code.
(f) A transit operator, as defined in subdivision (b), which
receives funds pursuant to the Mills-Alquist-Deddeh Act (Chapter 4
(commencing with Section 99200)), shall not require that a person
requesting transportation be a resident of that transit operator's
service area.
99155.1. (a) There shall be close coordination between local
transit providers and county welfare departments in order to ensure
that transportation moneys available for purposes of assisting
recipients of aid under Chapter 2 (commencing with Section 11200) of
Part 3 of Division 9 of the Welfare and Institutions Code are
expended efficiently for the benefit of that population.
(1) In areas where public transit service is available, local
transit providers shall give priority, in the use of funds allocated
under the CalWORKs program and made available by the county, to the
enhancement of public transportation services for welfare-to-work
purposes.
(2) In areas where public transit services are unavailable, local
transit providers shall give priority, in the use of funds allocated
under the CalWORKs program and made available by the county, to the
enhancement of transportation alternatives, such as, but not limited
to, subsidies or vouchers, van pools, and contract paratransit
operations, in order to promote welfare-to-work purposes.
(b) In areas where public transit service is available, local
transit providers shall consider giving priority in the use of
transit funds to the enhancement of public transportation services
for welfare-to-work purposes.
99155.5. (a) The Legislature intends that dial-a-ride and
paratransit services be accessible to handicapped persons, as defined
in Section 99206.5. It is intended that transportation service be
provided for employment, education, medical, and personal reasons.
Transportation for individuals with disabilities is a necessity, and
allows these persons to fully participate in our society.
The Legislature finds and declares that the term "paratransit," as
used in the Americans with Disabilities Act of 1990 (Public Law
101-336), refers to transportation services with specific criteria of
quality and quantity, and which are required to be made available to
limited classes of persons based on eligibility categories; this is
often referred to as "ADA paratransit" or "complementary paratransit."
The Legislature finds and declares that the terms "paratransit" and
"dial-a-ride," as used in the laws of this state, apply to a broader
range of transportation services and that not all individuals with
disabilities under the laws of this state are eligible for "ADA
paratransit" under the federal law.
(b) Each transit operator, profit or nonprofit, which provides, or
contracts for the provision of, dial-a-ride or paratransit service
for individuals with disabilities and which receives public funding
pursuant to the Mills-Alquist-Deddeh Act (Chapter 4 (commencing with
Section 99200)) for that service shall provide the service without
regard to either of the following:
(1) Whether the person is a member of a household which owns a
motor vehicle.
(2) The place of residence of the person who requests
transportation service within the service area of the provider. To
the extent that they are eligible for the specified service
requested, all persons requesting transportation service in the
service area of the provider shall be provided service on the same
terms and at the same price that service is provided to other persons
residing within the service area of the provider.
(c) Subdivision (b) does not preclude a provider from offering a
subscription service, and does not require a reduction in the amount
the provider charges other public or private agencies.
(d) Except as required by the Americans with Disabilities Act of
1990 (Public Law 101-336) and federal regulations adopted pursuant
thereto or by higher standards prescribed by the laws of this state,
nothing in this section requires any transit operator which provides
service to individuals with disabilities in a manner consistent with
subdivision (b) to make those services available outside the operator'
s established operating service area, or requires the operator to
make the presentation of identification a condition to using the
service.
(e) A transit operator shall honor any current identification card
which is valid for the type of transportation service or discount
requested and which has been issued to an individual with
disabilities by another transit operator.
(f) Any person who believes an operator has violated Section 99155
or 99155.5 may file a report of the alleged violation with the
transportation planning agency or county transportation commission.
Any individual with disabilities may request the Attorney General to
resolve any dispute as to compliance with Section 99155 or this
section.
99156. Notwithstanding any other provision of law, a transit
district may provide compensation to a member of the governing board
of the district only for attendance at a meeting of the board or for
each day the member is engaged in other district business within or
without the district. A member who engages in district business other
than attendance at board meetings shall first obtain authorization
of the board for reimbursement of travel expenses or other
compensation before engaging in that business and shall submit a
report thereof to the board for all expenditures.
99157. Notwithstanding any other provision of law, a transit
district may not provide any life, accident, or health insurance plan
to any member or former member of the governing board of the
district who first served as a member of the governing board after
January 1, 1989, that exceeds the benefits provided to full-time
active or retired district employees. The terms, conditions, or
contributions applicable to any plan provided for employees shall
also apply to any plan provided for those members of the governing
board.
99158. Notwithstanding any other provision of law, a transit
district may not establish or contribute to a pension or retirement
benefits plan or purchase an annunity for any member of its governing
board who first served as a member of the governing board after
January 1, 1989. This section does not apply to a deferred
compensation plan described in Section 53213 of the Government Code.
99159. (a) Any retirement system established or maintained pursuant
to this division for employees of a transit district who are members
of a unit appropriate for collective bargaining shall be maintained
pursuant to a collective bargaining agreement and this section.
(b) Notwithstanding any other provision of this division, the
retirement system and the funds of the system shall be managed and
administered by a retirement board composed of equal representation
of labor and management. Any deadlock among the members of the board
with respect to that management and administration shall be resolved
in the manner specified in Section 302 of the federal Labor
Management Relations Act, 1947 (29 U.S.C. Sec. 186(c)(5)).
(c) The duties and responsibilities of the retirement board shall
be executed in accordance with Section 17 of Article XVI of the
California Constitution.
(d) This section does not apply to any public transit district
that has, pursuant to a collective bargaining agreement, provided
membership for the district's represented employees in the Public
Employees' Retirement System, a retirement system established
pursuant to the County Employees Retirement Law of 1937, or a pension
trust subject to the Employee Retirement Income Security Act of 1974
(29 U.S.C. Sec. 1001 et seq.) or any transit district where the
membership of the governing board of the transit district is directly
elected by the voters.
99160. Any public entity which plans the development of, or which
operates, a rail transit system, shall, with respect to any current
or future rail transit system, (a) develop motor vehicle parking
facilities to serve the system's passengers at stations planned to be
park and ride facilities, and (b) expand private enterprise
participation in the development of air space and publicly owned
assets to provide those parking facilities.
99161. (a) Space at a publicly owned transportation facility may be
leased by competitive bid, taking into consideration affordability
and quality of care, to a child care operator who has obtained
licensure as required by Section 1596.80 of the Health and Safety
Code. Priority for child care services provided by the center shall
be given to the children of public agency employees who work at the
transportation facility and children of users of the transportation
facility.
(b) No state funds shall be provided to any child care operator
pursuant to this section unless all of the following conditions are
met:
(1) The child care facility is open to children without regard to
any child's religious beliefs or any other factor related to
religion.
(2) No religious instruction is included in the child care
program.
(3) The space in which the child care program is operated is not
utilized in any manner to foster religion during the time it is used
for child care.
(c) The Legislature finds and declares that the use of publicly
owned transportation facilities for the purpose of furnishing child
care services for the benefit of persons using public transit is in
the public interest and serves a public purpose.
99162. Notwithstanding any other provision of law, one or more
local agencies listed in subdivision (i) of Section 99602 may
undertake a study or a joint study concerning the feasibility of
extending the commuter rail or intercity rail service described in
subdivision (c) of Section 99622 beyond the City of Davis to the City
of Dixon.
99163. On and after January 1, 2005, whenever a transit operator
improves or replaces a ticket vending machine at a public transit
station to include video instructions, the transit operator shall
also equip the ticket vending machine with audio instructions that
will enable visually impaired persons to follow the visual prompts.
State funds made available to the operator through the State
Transportation Assistance Program under Section 99312 shall be
available for the purposes of this section.
99164. (a) When installing new security systems, a transit agency
operated by an operator as defined in Section 99210 shall only
purchase and install equipment capable of storing recorded images for
at least one year, unless all of the following conditions apply:
(1) The transit agency has made a diligent effort to identify a
security system that is capable of storing recorded data for one
year.
(2) The transit agency determines that the technology to store
recorded data in an economically and technologically feasible manner
for one year is not available.
(3) The transit agency purchases and installs the best available
technology with respect to storage capacity that is both economically
and technologically feasible at that time.
(b) Notwithstanding any other provision of law, videotapes or
recordings made by security systems operated as part of a public
transit system shall be retained for one year, unless one of the
following conditions applies:
(1) The videotapes or recordings are evidence in any claim filed
or any pending litigation, in which case the videotapes or recordings
shall be preserved until the claim or the pending litigation is
resolved.
(2) The videotapes or recordings recorded an event that was or is
the subject of an incident report, in which case the videotapes or
recordings shall be preserved until the incident is resolved.
(3) The transit agency utilizes a security system that was
purchased or installed prior to January 1, 2004, or that meets the
requirements of subdivision (a), in which case the videotapes or
recordings shall be preserved for as long as the installed technology
allows.
99165. (a) For purposes of this section, "environmental and public
health impacts" means those impacts that affect the health and
environment of persons living, working, and attending school in the
vicinity of a bus fueling station, including, but not limited to,
impacts associated with nuisance odors.
(b) On or before July 1, 2003, the Omnitrans Joint Powers
Authority shall contract with an independent third party to prepare
and submit to the Legislature and the Governor a report on the
environmental and public health impacts of transit bus fueling
stations located within the jurisdiction of the authority and owned
or operated by the authority. In conducting the assessment, the
authority shall hold at least one noticed public hearing in the
vicinity of each bus fueling station for the purposes of soliciting
input from persons who may be affected by those impacts. The
authority shall consult with the South Coast Air Quality Management
District and other appropriate federal, state, local agencies, and
community groups representing residents of the affected areas, in
conducting the assessment.
(c) The Omnitrans Joint Powers Authority shall solely use state
funds allocated to it or its member agencies pursuant to the State
Transportation Assistance Program under Section 99313.3 in order to
comply with this section.
99170. (a) A person shall not do any of the following with respect
to the property, facilities, or vehicles of a transit district:
(1) Operate, interfere with, enter into, or climb on or in, the
property, facilities, or vehicles owned or operated by the transit
district without the permission or approval of the transit district.
(2) Interfere with the operator or operation of a transit vehicle,
or impede the safe boarding or alighting of passengers.
(3) Extend any portion of the body through a window opening of a
transit vehicle in a manner that may cause harm or injury.
(4) Throw an object from a transit vehicle.
(5) Commit an act or engage in a behavior that may, with
reasonable foreseeability, cause harm or injury to any person or
property.
(6) Violate a notice, prohibition, instruction, or direction on a
sign that is intended to provide for the safety and security of
transit passengers, or the safe and secure operation of the transit
system.
(b) For purposes of this section, "transit district" means an
entity that qualifies as a claimant, as defined in Section 99203,
eligible to receive allocations under Chapter 4 (commencing with
Section 99200).
(c) A violation of this section is an infraction under Section
19.8 of the Penal Code punishable by a fine not exceeding
seventy-five dollars ($75), and a violation by a person after a
second conviction is punishable by a fine not exceeding two hundred
fifty dollars ($250) or by community service that does not conflict
with the violator's hours of school attendance or employment for a
total time not to exceed 48 hours over a period not to exceed 60
days.
(d) A transit district shall provide reasonable notification to
the public of the activities prohibited by this section and the
penalties for violations of those prohibitions.
(e) This section does not prohibit a person from engaging in
activities that are protected under the laws of the United States or
of this state, including, but not limited to, picketing,
demonstrating, or distributing handbills.
(f) Transit districts shall maintain records of violations and the
number of citations issued with respect to the actions prohibited
under this section until January 1, 2005. The transit districts shall
prepare a summary report of these actions and related findings with
respect to the implementation and operation of this section and shall
submit the report to the Legislature on or before January 1, 2006.
(g) Revenue from fines imposed pursuant to subdivision (c) shall
not be distributed or allocated to the transit agency issuing
citations under this section. Fine revenue instead shall be allocated
to the other entities eligible to receive those funds under existing
law.
99171. (a) (1) A transit district may issue a prohibition order to
any person to whom either of the following applies:
(A) On at least three separate occasions within a period of 60
consecutive days, the person is cited for an infraction committed in
or on a vehicle, bus stop, or light rail station of the transit
district for any act that is a violation of paragraph (2) or (5) of
subdivision (a) of Section 99170 of this code or paragraph (6), (7),
(8), or (9) of subdivision (b) of Section 640 or Section 640.5 of the
Penal Code.
(B) The person is arrested or convicted for a misdemeanor or
felony committed in or on a vehicle, bus stop, or light rail station
of the transit district for acts involving violence, threats of
violence, lewd or lascivious behavior, or possession for sale or sale
of a controlled substance.
(C) The person is convicted of a violation of Section 11532 of the
Health and Safety Code or Section 653.22 of the Penal Code.
(2) A person subject to a prohibition order may not enter the
property, facilities, or vehicles of the transit district for a
period of time deemed appropriate by the transit district, provided
that the duration of a prohibition order shall not exceed the
following, as applicable:
(A) Thirty days if issued pursuant to subparagraph (A) of
paragraph (1), provided that a second prohibition order within one
year may not exceed 90 days, and a third or subsequent prohibition
order within one year may not exceed 180 days.
(B) Thirty days if issued pursuant to an arrest pursuant to
subparagraph (B) of paragraph (1). Upon conviction of a misdemeanor
offense, the duration of the prohibition order for the conviction,
when added to the duration of the prohibition order for the initial
arrest, if any, may not exceed 180 days. Upon conviction of a felony
offense, the duration of the prohibition order for the conviction,
when added to the duration of the prohibition order for the initial
arrest, if any, may not exceed one year.
(3) No prohibition order issued under this subdivision shall be
effective unless the transit district first affords the person an
opportunity to contest the transit district's proposed action in
accordance with procedures adopted by the transit district for this
purpose. A transit district's procedures shall provide, at a minimum,
for the notice and other protections set forth in subdivisions (b)
and (c), and the transit district shall provide reasonable
notification to the public of the availability of those procedures.
(b) (1) A notice of a prohibition order issued under subdivision
(a) shall set forth a description of the conduct underlying the
violation or violations giving rise to the prohibition order,
including reference to the applicable statutory provision, ordinance,
or transit district rule violated, the date of the violation, the
approximate time of the violation, the location where the violation
occurred, the period of the proposed prohibition, and the scope of
the prohibition. The notice shall include a clear and conspicuous
statement indicating the procedure for contesting the prohibition
order. The notice of prohibition order shall be personally served
upon the violator. The notice of prohibition order, or a copy, shall
be considered a record kept in the ordinary course of business of the
transit district and shall be prima facie evidence of the facts
contained in the notice establishing a rebuttable presumption
affecting the burden of producing evidence. For purposes of this
paragraph, "clear and conspicuous" means in larger type than the
surrounding text, or in contrasting type, font, or color to the
surrounding text of the same size, or set off from the surrounding
text of the same size by symbols or other marks that call attention
to the language.
(2) For purposes of this section, "personal service" means any of
the following:
(A) In-person delivery.
(B) Delivery by any form of mail providing for delivery
confirmation, postage prepaid, to at least one address provided by
the person being served, including, but not limited to, the address
set forth in any citation or in court records.
(C) Any alternate method approved in writing by the transit
district and the person being served.
(3) If a person served with a notice of prohibition order is not
able, or refuses, to provide a mailing address, the notice of
prohibition order shall set forth the procedure for obtaining any
letters, notices, or orders related to the prohibition order from the
administrative offices of the transit district. For purposes of this
section, delivery shall be deemed to have been made on the following
date, as applicable:
(A) On the date of delivery, if delivered in person.
(B) On the date of confirmed delivery, for any delivery by mail.
(C) For any alternate method of service, as provided in the
writing specifying the alternate method.
(4) Proof of service of the notice shall be filed with the transit
district.
(5) If a person contests a notice of prohibition order, the
transit district shall proceed in accordance with subdivision (c). If
the notice of prohibition order is not contested within 10 calendar
days after delivery by personal service, the prohibition order shall
be deemed final and shall go into effect, without further action by
the transit district, for the period of time set forth in the order.
(6) All prohibition orders shall be subject to an automatic stay
and shall not take effect until the latest of the following:
(A) Eleven calendar days after delivery of the prohibition order
by personal service.
(B) If an initial review is timely requested under paragraph (1)
of subdivision (c), 11 calendar days after delivery by personal
service of the results of the review.
(C) If an administrative hearing is timely requested under
paragraph (3) of subdivision (c), the date the hearing officer's
decision is delivered by personal service.
(c) (1) For a period of 10 calendar days from the delivery of the
prohibition order by personal service, the person may request an
initial review of the prohibition order by the transit district. The
request may be made by telephone, in writing, or in person. There
shall be no charge for this review. In conducting its review and
reaching a determination, the transit district shall determine
whether the prohibition order meets the requirements of subdivision
(a) and, unless the person has been convicted of the offense or
offenses, whether the offense or offenses for which the person was
cited or arrested are proven by a preponderance of the evidence. If,
following the initial review, based on these findings, the transit
district determines that the prohibition order is not adequately
supported or that extenuating circumstances make dismissal of the
prohibition order appropriate in the interest of justice, the transit
district shall cancel the notice. If, following the initial review,
based on these findings, the transit district determines that the
prohibition order should be upheld in whole or in part, the transit
district shall issue a written statement to that effect, including
any modification to the period or scope of the prohibition order. The
transit district shall serve the results of the initial review to
the person contesting the notice by personal service.
(2) The transit district may modify or cancel a prohibition order
in the interest of justice. The transit district shall cancel a
prohibition order if it determines that the person did not understand
the nature and extent of his or her actions or did not have the
ability to control his or her actions. If the person is dependent
upon the transit system for trips of necessity, including, but not
limited to, travel to or from medical or legal appointments, school
or training classes, places of employment, or obtaining food,
clothing, and necessary household items, the transit district shall
modify a prohibition order to allow for those trips. A person
requesting a cancellation or modification in the interest of justice
shall have the burden of establishing the qualifying circumstances by
a preponderance of the evidence.
(3) If the person is dissatisfied with the results of the initial
review, the person may request an administrative hearing of the
prohibition order no later than 10 calendar days after the results of
the initial review are delivered by personal service. The request
may be made by telephone, in writing, or in person. An administrative
hearing shall be held within 30 calendar days after the receipt of a
request for an administrative hearing. The person requesting the
hearing may request one continuance, not to exceed seven calendar
days.
(4) The administrative hearing process shall include all of the
following:
(A) The person requesting the 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 transit district.
(B) The administrative hearing shall be conducted in accordance
with written procedures established by the transit district and
approved by the governing body or chief executive officer of the
transit district. The hearing shall provide an independent,
objective, fair, and impartial review of the prohibition order.
(C) The administrative review shall be conducted before a hearing
officer designated to conduct the review by the transit district's
governing body or chief executive officer. In addition to any other
requirements, a hearing officer shall demonstrate the qualifications,
training, and objectivity prescribed by the transit agency's
governing body or chief executive officer as are necessary to fulfill
and that are consistent with the duties and responsibilities set
forth in this subdivision. The hearing officer's continued service,
performance evaluation, compensation, and benefits, as applicable,
shall not be directly or indirectly linked to the number of
prohibition orders upheld by the hearing officer.
(D) The person who issued the notice of prohibition order shall
not be required to participate in an administrative hearing, unless
participation is requested by the person requesting the hearing. The
request for participation must be made at least five calendar days
prior to the date of the hearing and may be made by telephone, in
writing, or in person. The notice of prohibition order, in proper
form, shall be prima facie evidence of the violation or violations
pursuant to subdivision (a) establishing a rebuttable presumption
affecting the burden of producing evidence.
(E) In issuing a decision, the hearing officer shall determine
whether the prohibition order meets the requirements of subdivision
(a) and, unless the person has been convicted of the offense or
offenses, whether the offense or offenses for which the person was
cited or arrested are proven by a preponderance of the evidence.
Based upon these findings, the hearing officer may uphold the
prohibition order in whole, determine that the prohibition order is
not adequately supported, or cancel or modify the prohibition order
in the interest of justice. The hearing officer shall cancel a
prohibition order if he or she determines that the person did not
understand the nature and extent of his or her actions or did not
have the ability to control his or her actions. If the person is
dependent upon the transit system for trips of necessity, including,
but not limited to, travel to or from medical or legal appointments,
school or training classes, places of employment, or obtaining food,
clothing, and necessary household items, the transit district shall
modify a prohibition order to allow for those trips. A person
requesting a cancellation or modification in the interest of justice
shall have the burden of establishing the qualifying circumstances by
a preponderance of the evidence.
(F) The hearing officer's decision following the administrative
hearing shall be delivered by personal service.
(G) A person aggrieved by the final decision of the hearing
officer may seek judicial review of the decision within 90 days of
the date of delivery of the decision by personal service, as provided
by Section 1094.6 of the Code of Civil Procedure.
(d) A person issued a prohibition order under subdivision (a) may,
within 10 calendar days of the date the order goes into effect under
paragraph (6) of subdivision (b), request a refund for any prepaid
fare media rendered unusable in whole or in part by the prohibition
order, including, but not limited to, monthly passes. If the fare
media remain usable for one or more days outside the period of the
prohibition order, the refund shall be prorated based on the number
of days the fare media will be unusable. The issuance of a refund may
be made contingent on surrender of the fare media.
(e) For purposes of this section "transit district" means the
Sacramento Regional Transit District or the Fresno Area Express.
(f) This section shall remain in effect only until January 1,
2012, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2012, deletes or extends
that date.
99172. (a) Prior to exercising the authority given in subdivision
(a) of Section 99171 to issue prohibition orders, a transit district
shall do all of the following:
(1) Establish an advisory committee for the purpose of evaluating
the procedures for and issuance of prohibition orders and
recommending a course of training for personnel charged with issuance
and enforcement of prohibition orders.
(2) Ensure that personnel to be charged with issuance and
enforcement of prohibition orders have received training as
recommended by the advisory committee.
(3) Provide reasonable notification to transit district riders
that persons who engaged in disorderly conduct may be subject to a
prohibition order barring the person from the transit district's
property, facilities, or vehicles for a period of up to one year.
"Reasonable notification" may include, but is not limited to,
information on the transit district's Internet Web site, in written
materials, at transit stations and on citations issued by the transit
district of the types of conduct that may result in issuance of a
prohibition order.
(b) The advisory committee shall be composed of at least five
members appointed by the legislative body of the transit district. At
least one of the members of the advisory committee shall have
experience working with individuals with psychiatric, developmental,
or other disabilities and at least one member shall be a youth
advocate.
(c) The advisory committee shall be tasked, at a minimum, with all
of the following:
(1) Providing recommendations, in consultation with the county
mental health director within the service area of the transit
district, regarding the type and extent of training that should be
undertaken by individuals with responsibility for issuance and
enforcement of prohibition orders, with particular emphasis on
training designed to assist those individuals in identifying and
interacting with persons who are homeless or who have psychiatric,
developmental, or other disabilities.
(2) Identifying, in consultation with the county mental health
director within the service area of the transit district, services
and programs to which persons who are homeless or who have
psychiatric, developmental, or other disabilities may be referred by
transit district enforcement personnel prior to or in conjunction
with issuance of a prohibition order.
(3) Monitoring the issuance of prohibition orders to assist the
transit district in ensuring compliance with Section 51 of the Civil
Code.
(4) Providing the governing board of the transit district and the
Legislature with an annual report summarizing the number of
prohibition orders that were issued by the transit district during
the preceding year, including, but not limited to, the types and
numbers of citations by category, and the number of exclusion orders
appealed, the appeals granted, the reasons granted, and other
relevant information directly related to those orders.
(d) The transit district may use an existing advisory committee to
fulfill the requirements of this section, provided that the
composition and purpose of the existing advisory committee meet or
are modified to meet the requirements of this section.
(e) For purposes of this section "transit district" means the
Sacramento Regional Transit District or the Fresno Area Express.(f)
This section shall remain in effect only until January 1, 2012, and
as of that date is repealed, unless a later enacted statute, that is
enacted before January 1, 2012, deletes or extends that date.
99150. In locating its bus stops, park and ride service facilities,
and special service terminal points and stations, a transit district
shall consult with, and consider the recommendations of, the city if
such transit facilities are to be located therein, or the county if
such transit facilities are to be located in the unincorporated area
thereof, on the proposed locations.
The city or county, as the case may be, in making its
recommendations to the transit district on the proposed location of
any such transit facilities, shall consider whether the proposed
location is consistent with the circulation element of its general
plan.
99151. Any transit district whose area is served by the Southern
Pacific Transportation Company line from the City of San Jose to the
City and County of San Francisco may make a bulk purchase of
passenger tickets for that line from the company, or from the
Greyhound Bus Lines for transportation services within the area, or
from both, for resale at less than the cost to the transit district
to residents of the transit district.
The governing body of the transit district shall determine the
resale price of tickets purchased by it.
99152. Any public transit guideway planned, acquired, or
constructed, on or after January 1, 1979, is subject to regulations
of the Public Utilities Commission relating to safety appliances and
procedures.
The commission shall inspect all work done on those guideways and
may make further additions or changes necessary for the purpose of
safety to employees and the general public.
The commission shall develop an oversight program employing safety
planning criteria, guidelines, safety standards, and safety
procedures to be met by operators in the design, construction, and
operation of those guideways. Existing industry standards shall be
used where applicable.
The commission shall enforce the provisions of this section.
99153. Any transit district or operator may adopt uniform standards
to rate bidders, on the basis of questionnaires and required
statements, with respect to contracts for railroad rolling stock upon
which each bidder is qualified to bid. Notwithstanding any other
provision of law, the district or operator may limit bidding and
award of contracts for railroad rolling stock to the bidders the
district or operator has determined are qualified to bid. However,
the district or operator shall qualify at least two persons or
entities for bidding on the contracts.
99154. Any transit district or operator may require from
prospective bidders for any contract answers to questions contained
in a standard questionnaire and financial statement, including a
complete statement of the prospective bidder's financial ability and
experience in performing public contracts. When completed, the
questionnaire and financial statement shall be verified under oath by
the bidder in the manner in which pleadings are verified in civil
actions.
The questionnaires and financial statements are not public records
and shall not be open to public inspection.
99155. (a) Each transit operator, whether publicly or privately
funded all or in part, nonprofit or profit, which offers reduced
fares to senior citizens shall honor the federal Medicare
identification card as sufficient identification to receive reduced
fares. A transit operator which offers reduced fares to those senior
citizens who are less than 65 years old shall also honor the senior
citizen identification card issued pursuant to subdivision (b) of
Section 13000 of the Vehicle Code.
(b) Each transit operator, whether publicly or privately funded,
in whole or in part, nonprofit or for profit, which offers reduced
fares pursuant to subdivision (a) shall also offer reduced fares to
handicapped persons, as defined by Section 99206.5, disabled persons,
as defined by Section 295.5 of the Vehicle Code, and disabled
veterans, as defined by Section 295.7 of the Vehicle Code, at the
same rate established for senior citizens. A transit operator shall
honor the handicapped person, disabled person, or disabled veteran
placard identification card issued pursuant to Section 22511.55 of
the Vehicle Code.
(c) Every transit operator that offers reduced fares to
handicapped or disabled persons shall honor any current
identification card that is valid for the type of transportation
service or discount requested and that has been issued to an
individual with a handicap or disability by another transit operator.
(d) This section also applies to any dial-a-ride, paratransit, or
nonfixed route operator which serves the handicapped or disabled, but
does not apply to a private, nonprofit entity which serves the
handicapped, disabled, or elderly.
(e) Nothing in this section prohibits a transit operator from
issuing its own identification card, except that no such card shall
be required to be presented in addition to either a federal Medicare
card or a card issued pursuant to Section 22511.55 of the Vehicle
Code.
(f) A transit operator, as defined in subdivision (b), which
receives funds pursuant to the Mills-Alquist-Deddeh Act (Chapter 4
(commencing with Section 99200)), shall not require that a person
requesting transportation be a resident of that transit operator's
service area.
99155.1. (a) There shall be close coordination between local
transit providers and county welfare departments in order to ensure
that transportation moneys available for purposes of assisting
recipients of aid under Chapter 2 (commencing with Section 11200) of
Part 3 of Division 9 of the Welfare and Institutions Code are
expended efficiently for the benefit of that population.
(1) In areas where public transit service is available, local
transit providers shall give priority, in the use of funds allocated
under the CalWORKs program and made available by the county, to the
enhancement of public transportation services for welfare-to-work
purposes.
(2) In areas where public transit services are unavailable, local
transit providers shall give priority, in the use of funds allocated
under the CalWORKs program and made available by the county, to the
enhancement of transportation alternatives, such as, but not limited
to, subsidies or vouchers, van pools, and contract paratransit
operations, in order to promote welfare-to-work purposes.
(b) In areas where public transit service is available, local
transit providers shall consider giving priority in the use of
transit funds to the enhancement of public transportation services
for welfare-to-work purposes.
99155.5. (a) The Legislature intends that dial-a-ride and
paratransit services be accessible to handicapped persons, as defined
in Section 99206.5. It is intended that transportation service be
provided for employment, education, medical, and personal reasons.
Transportation for individuals with disabilities is a necessity, and
allows these persons to fully participate in our society.
The Legislature finds and declares that the term "paratransit," as
used in the Americans with Disabilities Act of 1990 (Public Law
101-336), refers to transportation services with specific criteria of
quality and quantity, and which are required to be made available to
limited classes of persons based on eligibility categories; this is
often referred to as "ADA paratransit" or "complementary paratransit."
The Legislature finds and declares that the terms "paratransit" and
"dial-a-ride," as used in the laws of this state, apply to a broader
range of transportation services and that not all individuals with
disabilities under the laws of this state are eligible for "ADA
paratransit" under the federal law.
(b) Each transit operator, profit or nonprofit, which provides, or
contracts for the provision of, dial-a-ride or paratransit service
for individuals with disabilities and which receives public funding
pursuant to the Mills-Alquist-Deddeh Act (Chapter 4 (commencing with
Section 99200)) for that service shall provide the service without
regard to either of the following:
(1) Whether the person is a member of a household which owns a
motor vehicle.
(2) The place of residence of the person who requests
transportation service within the service area of the provider. To
the extent that they are eligible for the specified service
requested, all persons requesting transportation service in the
service area of the provider shall be provided service on the same
terms and at the same price that service is provided to other persons
residing within the service area of the provider.
(c) Subdivision (b) does not preclude a provider from offering a
subscription service, and does not require a reduction in the amount
the provider charges other public or private agencies.
(d) Except as required by the Americans with Disabilities Act of
1990 (Public Law 101-336) and federal regulations adopted pursuant
thereto or by higher standards prescribed by the laws of this state,
nothing in this section requires any transit operator which provides
service to individuals with disabilities in a manner consistent with
subdivision (b) to make those services available outside the operator'
s established operating service area, or requires the operator to
make the presentation of identification a condition to using the
service.
(e) A transit operator shall honor any current identification card
which is valid for the type of transportation service or discount
requested and which has been issued to an individual with
disabilities by another transit operator.
(f) Any person who believes an operator has violated Section 99155
or 99155.5 may file a report of the alleged violation with the
transportation planning agency or county transportation commission.
Any individual with disabilities may request the Attorney General to
resolve any dispute as to compliance with Section 99155 or this
section.
99156. Notwithstanding any other provision of law, a transit
district may provide compensation to a member of the governing board
of the district only for attendance at a meeting of the board or for
each day the member is engaged in other district business within or
without the district. A member who engages in district business other
than attendance at board meetings shall first obtain authorization
of the board for reimbursement of travel expenses or other
compensation before engaging in that business and shall submit a
report thereof to the board for all expenditures.
99157. Notwithstanding any other provision of law, a transit
district may not provide any life, accident, or health insurance plan
to any member or former member of the governing board of the
district who first served as a member of the governing board after
January 1, 1989, that exceeds the benefits provided to full-time
active or retired district employees. The terms, conditions, or
contributions applicable to any plan provided for employees shall
also apply to any plan provided for those members of the governing
board.
99158. Notwithstanding any other provision of law, a transit
district may not establish or contribute to a pension or retirement
benefits plan or purchase an annunity for any member of its governing
board who first served as a member of the governing board after
January 1, 1989. This section does not apply to a deferred
compensation plan described in Section 53213 of the Government Code.
99159. (a) Any retirement system established or maintained pursuant
to this division for employees of a transit district who are members
of a unit appropriate for collective bargaining shall be maintained
pursuant to a collective bargaining agreement and this section.
(b) Notwithstanding any other provision of this division, the
retirement system and the funds of the system shall be managed and
administered by a retirement board composed of equal representation
of labor and management. Any deadlock among the members of the board
with respect to that management and administration shall be resolved
in the manner specified in Section 302 of the federal Labor
Management Relations Act, 1947 (29 U.S.C. Sec. 186(c)(5)).
(c) The duties and responsibilities of the retirement board shall
be executed in accordance with Section 17 of Article XVI of the
California Constitution.
(d) This section does not apply to any public transit district
that has, pursuant to a collective bargaining agreement, provided
membership for the district's represented employees in the Public
Employees' Retirement System, a retirement system established
pursuant to the County Employees Retirement Law of 1937, or a pension
trust subject to the Employee Retirement Income Security Act of 1974
(29 U.S.C. Sec. 1001 et seq.) or any transit district where the
membership of the governing board of the transit district is directly
elected by the voters.
99160. Any public entity which plans the development of, or which
operates, a rail transit system, shall, with respect to any current
or future rail transit system, (a) develop motor vehicle parking
facilities to serve the system's passengers at stations planned to be
park and ride facilities, and (b) expand private enterprise
participation in the development of air space and publicly owned
assets to provide those parking facilities.
99161. (a) Space at a publicly owned transportation facility may be
leased by competitive bid, taking into consideration affordability
and quality of care, to a child care operator who has obtained
licensure as required by Section 1596.80 of the Health and Safety
Code. Priority for child care services provided by the center shall
be given to the children of public agency employees who work at the
transportation facility and children of users of the transportation
facility.
(b) No state funds shall be provided to any child care operator
pursuant to this section unless all of the following conditions are
met:
(1) The child care facility is open to children without regard to
any child's religious beliefs or any other factor related to
religion.
(2) No religious instruction is included in the child care
program.
(3) The space in which the child care program is operated is not
utilized in any manner to foster religion during the time it is used
for child care.
(c) The Legislature finds and declares that the use of publicly
owned transportation facilities for the purpose of furnishing child
care services for the benefit of persons using public transit is in
the public interest and serves a public purpose.
99162. Notwithstanding any other provision of law, one or more
local agencies listed in subdivision (i) of Section 99602 may
undertake a study or a joint study concerning the feasibility of
extending the commuter rail or intercity rail service described in
subdivision (c) of Section 99622 beyond the City of Davis to the City
of Dixon.
99163. On and after January 1, 2005, whenever a transit operator
improves or replaces a ticket vending machine at a public transit
station to include video instructions, the transit operator shall
also equip the ticket vending machine with audio instructions that
will enable visually impaired persons to follow the visual prompts.
State funds made available to the operator through the State
Transportation Assistance Program under Section 99312 shall be
available for the purposes of this section.
99164. (a) When installing new security systems, a transit agency
operated by an operator as defined in Section 99210 shall only
purchase and install equipment capable of storing recorded images for
at least one year, unless all of the following conditions apply:
(1) The transit agency has made a diligent effort to identify a
security system that is capable of storing recorded data for one
year.
(2) The transit agency determines that the technology to store
recorded data in an economically and technologically feasible manner
for one year is not available.
(3) The transit agency purchases and installs the best available
technology with respect to storage capacity that is both economically
and technologically feasible at that time.
(b) Notwithstanding any other provision of law, videotapes or
recordings made by security systems operated as part of a public
transit system shall be retained for one year, unless one of the
following conditions applies:
(1) The videotapes or recordings are evidence in any claim filed
or any pending litigation, in which case the videotapes or recordings
shall be preserved until the claim or the pending litigation is
resolved.
(2) The videotapes or recordings recorded an event that was or is
the subject of an incident report, in which case the videotapes or
recordings shall be preserved until the incident is resolved.
(3) The transit agency utilizes a security system that was
purchased or installed prior to January 1, 2004, or that meets the
requirements of subdivision (a), in which case the videotapes or
recordings shall be preserved for as long as the installed technology
allows.
99165. (a) For purposes of this section, "environmental and public
health impacts" means those impacts that affect the health and
environment of persons living, working, and attending school in the
vicinity of a bus fueling station, including, but not limited to,
impacts associated with nuisance odors.
(b) On or before July 1, 2003, the Omnitrans Joint Powers
Authority shall contract with an independent third party to prepare
and submit to the Legislature and the Governor a report on the
environmental and public health impacts of transit bus fueling
stations located within the jurisdiction of the authority and owned
or operated by the authority. In conducting the assessment, the
authority shall hold at least one noticed public hearing in the
vicinity of each bus fueling station for the purposes of soliciting
input from persons who may be affected by those impacts. The
authority shall consult with the South Coast Air Quality Management
District and other appropriate federal, state, local agencies, and
community groups representing residents of the affected areas, in
conducting the assessment.
(c) The Omnitrans Joint Powers Authority shall solely use state
funds allocated to it or its member agencies pursuant to the State
Transportation Assistance Program under Section 99313.3 in order to
comply with this section.
99170. (a) A person shall not do any of the following with respect
to the property, facilities, or vehicles of a transit district:
(1) Operate, interfere with, enter into, or climb on or in, the
property, facilities, or vehicles owned or operated by the transit
district without the permission or approval of the transit district.
(2) Interfere with the operator or operation of a transit vehicle,
or impede the safe boarding or alighting of passengers.
(3) Extend any portion of the body through a window opening of a
transit vehicle in a manner that may cause harm or injury.
(4) Throw an object from a transit vehicle.
(5) Commit an act or engage in a behavior that may, with
reasonable foreseeability, cause harm or injury to any person or
property.
(6) Violate a notice, prohibition, instruction, or direction on a
sign that is intended to provide for the safety and security of
transit passengers, or the safe and secure operation of the transit
system.
(b) For purposes of this section, "transit district" means an
entity that qualifies as a claimant, as defined in Section 99203,
eligible to receive allocations under Chapter 4 (commencing with
Section 99200).
(c) A violation of this section is an infraction under Section
19.8 of the Penal Code punishable by a fine not exceeding
seventy-five dollars ($75), and a violation by a person after a
second conviction is punishable by a fine not exceeding two hundred
fifty dollars ($250) or by community service that does not conflict
with the violator's hours of school attendance or employment for a
total time not to exceed 48 hours over a period not to exceed 60
days.
(d) A transit district shall provide reasonable notification to
the public of the activities prohibited by this section and the
penalties for violations of those prohibitions.
(e) This section does not prohibit a person from engaging in
activities that are protected under the laws of the United States or
of this state, including, but not limited to, picketing,
demonstrating, or distributing handbills.
(f) Transit districts shall maintain records of violations and the
number of citations issued with respect to the actions prohibited
under this section until January 1, 2005. The transit districts shall
prepare a summary report of these actions and related findings with
respect to the implementation and operation of this section and shall
submit the report to the Legislature on or before January 1, 2006.
(g) Revenue from fines imposed pursuant to subdivision (c) shall
not be distributed or allocated to the transit agency issuing
citations under this section. Fine revenue instead shall be allocated
to the other entities eligible to receive those funds under existing
law.
99171. (a) (1) A transit district may issue a prohibition order to
any person to whom either of the following applies:
(A) On at least three separate occasions within a period of 60
consecutive days, the person is cited for an infraction committed in
or on a vehicle, bus stop, or light rail station of the transit
district for any act that is a violation of paragraph (2) or (5) of
subdivision (a) of Section 99170 of this code or paragraph (6), (7),
(8), or (9) of subdivision (b) of Section 640 or Section 640.5 of the
Penal Code.
(B) The person is arrested or convicted for a misdemeanor or
felony committed in or on a vehicle, bus stop, or light rail station
of the transit district for acts involving violence, threats of
violence, lewd or lascivious behavior, or possession for sale or sale
of a controlled substance.
(C) The person is convicted of a violation of Section 11532 of the
Health and Safety Code or Section 653.22 of the Penal Code.
(2) A person subject to a prohibition order may not enter the
property, facilities, or vehicles of the transit district for a
period of time deemed appropriate by the transit district, provided
that the duration of a prohibition order shall not exceed the
following, as applicable:
(A) Thirty days if issued pursuant to subparagraph (A) of
paragraph (1), provided that a second prohibition order within one
year may not exceed 90 days, and a third or subsequent prohibition
order within one year may not exceed 180 days.
(B) Thirty days if issued pursuant to an arrest pursuant to
subparagraph (B) of paragraph (1). Upon conviction of a misdemeanor
offense, the duration of the prohibition order for the conviction,
when added to the duration of the prohibition order for the initial
arrest, if any, may not exceed 180 days. Upon conviction of a felony
offense, the duration of the prohibition order for the conviction,
when added to the duration of the prohibition order for the initial
arrest, if any, may not exceed one year.
(3) No prohibition order issued under this subdivision shall be
effective unless the transit district first affords the person an
opportunity to contest the transit district's proposed action in
accordance with procedures adopted by the transit district for this
purpose. A transit district's procedures shall provide, at a minimum,
for the notice and other protections set forth in subdivisions (b)
and (c), and the transit district shall provide reasonable
notification to the public of the availability of those procedures.
(b) (1) A notice of a prohibition order issued under subdivision
(a) shall set forth a description of the conduct underlying the
violation or violations giving rise to the prohibition order,
including reference to the applicable statutory provision, ordinance,
or transit district rule violated, the date of the violation, the
approximate time of the violation, the location where the violation
occurred, the period of the proposed prohibition, and the scope of
the prohibition. The notice shall include a clear and conspicuous
statement indicating the procedure for contesting the prohibition
order. The notice of prohibition order shall be personally served
upon the violator. The notice of prohibition order, or a copy, shall
be considered a record kept in the ordinary course of business of the
transit district and shall be prima facie evidence of the facts
contained in the notice establishing a rebuttable presumption
affecting the burden of producing evidence. For purposes of this
paragraph, "clear and conspicuous" means in larger type than the
surrounding text, or in contrasting type, font, or color to the
surrounding text of the same size, or set off from the surrounding
text of the same size by symbols or other marks that call attention
to the language.
(2) For purposes of this section, "personal service" means any of
the following:
(A) In-person delivery.
(B) Delivery by any form of mail providing for delivery
confirmation, postage prepaid, to at least one address provided by
the person being served, including, but not limited to, the address
set forth in any citation or in court records.
(C) Any alternate method approved in writing by the transit
district and the person being served.
(3) If a person served with a notice of prohibition order is not
able, or refuses, to provide a mailing address, the notice of
prohibition order shall set forth the procedure for obtaining any
letters, notices, or orders related to the prohibition order from the
administrative offices of the transit district. For purposes of this
section, delivery shall be deemed to have been made on the following
date, as applicable:
(A) On the date of delivery, if delivered in person.
(B) On the date of confirmed delivery, for any delivery by mail.
(C) For any alternate method of service, as provided in the
writing specifying the alternate method.
(4) Proof of service of the notice shall be filed with the transit
district.
(5) If a person contests a notice of prohibition order, the
transit district shall proceed in accordance with subdivision (c). If
the notice of prohibition order is not contested within 10 calendar
days after delivery by personal service, the prohibition order shall
be deemed final and shall go into effect, without further action by
the transit district, for the period of time set forth in the order.
(6) All prohibition orders shall be subject to an automatic stay
and shall not take effect until the latest of the following:
(A) Eleven calendar days after delivery of the prohibition order
by personal service.
(B) If an initial review is timely requested under paragraph (1)
of subdivision (c), 11 calendar days after delivery by personal
service of the results of the review.
(C) If an administrative hearing is timely requested under
paragraph (3) of subdivision (c), the date the hearing officer's
decision is delivered by personal service.
(c) (1) For a period of 10 calendar days from the delivery of the
prohibition order by personal service, the person may request an
initial review of the prohibition order by the transit district. The
request may be made by telephone, in writing, or in person. There
shall be no charge for this review. In conducting its review and
reaching a determination, the transit district shall determine
whether the prohibition order meets the requirements of subdivision
(a) and, unless the person has been convicted of the offense or
offenses, whether the offense or offenses for which the person was
cited or arrested are proven by a preponderance of the evidence. If,
following the initial review, based on these findings, the transit
district determines that the prohibition order is not adequately
supported or that extenuating circumstances make dismissal of the
prohibition order appropriate in the interest of justice, the transit
district shall cancel the notice. If, following the initial review,
based on these findings, the transit district determines that the
prohibition order should be upheld in whole or in part, the transit
district shall issue a written statement to that effect, including
any modification to the period or scope of the prohibition order. The
transit district shall serve the results of the initial review to
the person contesting the notice by personal service.
(2) The transit district may modify or cancel a prohibition order
in the interest of justice. The transit district shall cancel a
prohibition order if it determines that the person did not understand
the nature and extent of his or her actions or did not have the
ability to control his or her actions. If the person is dependent
upon the transit system for trips of necessity, including, but not
limited to, travel to or from medical or legal appointments, school
or training classes, places of employment, or obtaining food,
clothing, and necessary household items, the transit district shall
modify a prohibition order to allow for those trips. A person
requesting a cancellation or modification in the interest of justice
shall have the burden of establishing the qualifying circumstances by
a preponderance of the evidence.
(3) If the person is dissatisfied with the results of the initial
review, the person may request an administrative hearing of the
prohibition order no later than 10 calendar days after the results of
the initial review are delivered by personal service. The request
may be made by telephone, in writing, or in person. An administrative
hearing shall be held within 30 calendar days after the receipt of a
request for an administrative hearing. The person requesting the
hearing may request one continuance, not to exceed seven calendar
days.
(4) The administrative hearing process shall include all of the
following:
(A) The person requesting the 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 transit district.
(B) The administrative hearing shall be conducted in accordance
with written procedures established by the transit district and
approved by the governing body or chief executive officer of the
transit district. The hearing shall provide an independent,
objective, fair, and impartial review of the prohibition order.
(C) The administrative review shall be conducted before a hearing
officer designated to conduct the review by the transit district's
governing body or chief executive officer. In addition to any other
requirements, a hearing officer shall demonstrate the qualifications,
training, and objectivity prescribed by the transit agency's
governing body or chief executive officer as are necessary to fulfill
and that are consistent with the duties and responsibilities set
forth in this subdivision. The hearing officer's continued service,
performance evaluation, compensation, and benefits, as applicable,
shall not be directly or indirectly linked to the number of
prohibition orders upheld by the hearing officer.
(D) The person who issued the notice of prohibition order shall
not be required to participate in an administrative hearing, unless
participation is requested by the person requesting the hearing. The
request for participation must be made at least five calendar days
prior to the date of the hearing and may be made by telephone, in
writing, or in person. The notice of prohibition order, in proper
form, shall be prima facie evidence of the violation or violations
pursuant to subdivision (a) establishing a rebuttable presumption
affecting the burden of producing evidence.
(E) In issuing a decision, the hearing officer shall determine
whether the prohibition order meets the requirements of subdivision
(a) and, unless the person has been convicted of the offense or
offenses, whether the offense or offenses for which the person was
cited or arrested are proven by a preponderance of the evidence.
Based upon these findings, the hearing officer may uphold the
prohibition order in whole, determine that the prohibition order is
not adequately supported, or cancel or modify the prohibition order
in the interest of justice. The hearing officer shall cancel a
prohibition order if he or she determines that the person did not
understand the nature and extent of his or her actions or did not
have the ability to control his or her actions. If the person is
dependent upon the transit system for trips of necessity, including,
but not limited to, travel to or from medical or legal appointments,
school or training classes, places of employment, or obtaining food,
clothing, and necessary household items, the transit district shall
modify a prohibition order to allow for those trips. A person
requesting a cancellation or modification in the interest of justice
shall have the burden of establishing the qualifying circumstances by
a preponderance of the evidence.
(F) The hearing officer's decision following the administrative
hearing shall be delivered by personal service.
(G) A person aggrieved by the final decision of the hearing
officer may seek judicial review of the decision within 90 days of
the date of delivery of the decision by personal service, as provided
by Section 1094.6 of the Code of Civil Procedure.
(d) A person issued a prohibition order under subdivision (a) may,
within 10 calendar days of the date the order goes into effect under
paragraph (6) of subdivision (b), request a refund for any prepaid
fare media rendered unusable in whole or in part by the prohibition
order, including, but not limited to, monthly passes. If the fare
media remain usable for one or more days outside the period of the
prohibition order, the refund shall be prorated based on the number
of days the fare media will be unusable. The issuance of a refund may
be made contingent on surrender of the fare media.
(e) For purposes of this section "transit district" means the
Sacramento Regional Transit District or the Fresno Area Express.
(f) This section shall remain in effect only until January 1,
2012, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2012, deletes or extends
that date.
99172. (a) Prior to exercising the authority given in subdivision
(a) of Section 99171 to issue prohibition orders, a transit district
shall do all of the following:
(1) Establish an advisory committee for the purpose of evaluating
the procedures for and issuance of prohibition orders and
recommending a course of training for personnel charged with issuance
and enforcement of prohibition orders.
(2) Ensure that personnel to be charged with issuance and
enforcement of prohibition orders have received training as
recommended by the advisory committee.
(3) Provide reasonable notification to transit district riders
that persons who engaged in disorderly conduct may be subject to a
prohibition order barring the person from the transit district's
property, facilities, or vehicles for a period of up to one year.
"Reasonable notification" may include, but is not limited to,
information on the transit district's Internet Web site, in written
materials, at transit stations and on citations issued by the transit
district of the types of conduct that may result in issuance of a
prohibition order.
(b) The advisory committee shall be composed of at least five
members appointed by the legislative body of the transit district. At
least one of the members of the advisory committee shall have
experience working with individuals with psychiatric, developmental,
or other disabilities and at least one member shall be a youth
advocate.
(c) The advisory committee shall be tasked, at a minimum, with all
of the following:
(1) Providing recommendations, in consultation with the county
mental health director within the service area of the transit
district, regarding the type and extent of training that should be
undertaken by individuals with responsibility for issuance and
enforcement of prohibition orders, with particular emphasis on
training designed to assist those individuals in identifying and
interacting with persons who are homeless or who have psychiatric,
developmental, or other disabilities.
(2) Identifying, in consultation with the county mental health
director within the service area of the transit district, services
and programs to which persons who are homeless or who have
psychiatric, developmental, or other disabilities may be referred by
transit district enforcement personnel prior to or in conjunction
with issuance of a prohibition order.
(3) Monitoring the issuance of prohibition orders to assist the
transit district in ensuring compliance with Section 51 of the Civil
Code.
(4) Providing the governing board of the transit district and the
Legislature with an annual report summarizing the number of
prohibition orders that were issued by the transit district during
the preceding year, including, but not limited to, the types and
numbers of citations by category, and the number of exclusion orders
appealed, the appeals granted, the reasons granted, and other
relevant information directly related to those orders.
(d) The transit district may use an existing advisory committee to
fulfill the requirements of this section, provided that the
composition and purpose of the existing advisory committee meet or
are modified to meet the requirements of this section.
(e) For purposes of this section "transit district" means the
Sacramento Regional Transit District or the Fresno Area Express.(f)
This section shall remain in effect only until January 1, 2012, and
as of that date is repealed, unless a later enacted statute, that is
enacted before January 1, 2012, deletes or extends that date.
