Bill Text: CA AB2602 | 2015-2016 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Disabled parking placards.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2016-11-30 - From committee without further action. [AB2602 Detail]

Download: California-2015-AB2602-Amended.html

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BILL NUMBER: AB 2602	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 4, 2016
	AMENDED IN ASSEMBLY  MARCH 18, 2016

INTRODUCED BY   Assembly Member Gatto

                        FEBRUARY 19, 2016

   An act to amend Sections  22511.5   4461
 and 22511.55  of   of, to add Section
22511.551 to, and to repeal and add Section 22511.5 of,  the
Vehicle Code, relating to vehicles.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2602, as amended, Gatto. Disabled parking placards.
   Existing law authorizes a disabled person  or disabled veteran
 to apply to the Department of Motor Vehicles (DMV) for the
issuance of a distinguishing license plate or placard that entitles
the person  or veteran  to  park  
various privileges, including parking in spaces designated for owners
of those license plates and placards, parking  for unlimited
periods in a restricted zone, as specified, and  to park
  parking  in metered spaces without paying parking
meter fees.  Existing law requires the distinguishing
placard to be returned to the DMV not later than 60 days after the
death of the person to whom the placard was issued. Existing law
prohibits the DMV from issuing a distinguishing placard unless a
certificate substantiating the person's disability is signed by a
physician, nurse practitioner, certified nurse midwife, or physician
assistant, unless the person's disability is readily observable and
uncontested.  
   This bill would authorize a local authority to require a disabled
person or disabled veteran to pay parking meter fees and to prohibit
a disabled person or disabled veteran from parking for a period that
exceeds the length of time permitted for that parking zone, pursuant
to an ordinance or resolution adopted by the local authority at an
open meeting, if specified conditions are satisfied. The bill would
also require the DMV, if it becomes aware that a person to whom a
disabled person parking placard was issued is deceased, to notify the
informant identified on the certificate of death of his or her legal
responsibility to return the placard and to provide instructions on
how to do so. The bill would require, as a prerequisite for the
issuance or renewal of a distinguishing placard, that the certificate
substantiating the person's disability be signed under penalty of
perjury.  
   By expanding the crime of perjury, this bill would impose a
state-mandated local program.  
   This bill would delete the authority of a disabled person or
disabled veteran who has been issued a placard as described above to
park for an unlimited period in restricted zones and to park in
metered spaces without parking meter fees. The bill would also
authorize specified disabled persons and disabled veterans to apply
for a free-parking sticker, which, when properly affixed to the
distinguishing placard, additionally would authorize the owner to
park in any metered parking space, as defined, without being required
to pay fees and for an unlimited period of time.  
   Under existing law, a person to whom a disabled person placard has
been issued is prohibited from various acts, including lending the
placard to another person and knowingly permitting use for parking
purposes of the placard by one not entitled to it. Existing law also
prohibits a person from displaying a placard that was not issued to
him or her or that has been canceled or revoked. These acts are
subject to the issuance of a notice of parking violation imposing a
civil penalty, as prescribed, and constitute a misdemeanor punishable
by a specified fine, imprisonment in the county jail, or both the
fine and imprisonment.  
   This bill would extend the above penalty provisions to acts
involving misuse of a free-parking sticker. By creating new crimes,
the bill would impose a state-mandated local program. 
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 4461 of the   Vehicle
Code   is amended to read: 
   4461.  (a) A person shall not lend a certificate of ownership,
registration card, license plate, special plate, validation tab, or
permit issued to him or her if the person desiring to borrow it would
not be entitled to its use, and a person shall not knowingly permit
its use by one not entitled to it.
   (b) A person to whom a disabled person placard  or sticker
 has been issued shall not lend the placard  or sticker
 to another person, and a disabled person shall not knowingly
permit the use for parking purposes of the  placard 
 placard, sticker,  or identification license plate issued
pursuant to Section 5007 by one not entitled to it. A person to whom
a disabled person placard  or sticker  has been issued may
permit another person to use the placard only while in the presence
or reasonable proximity of the disabled person for the purpose of
transporting the disabled person. A violation of this subdivision is
subject to the issuance of a notice of parking violation imposing a
civil penalty of not less than two hundred fifty dollars ($250) and
not more than one thousand dollars ($1,000), for which enforcement
shall be governed by the procedures set forth in Article 3
(commencing with Section 40200) of Chapter 1 of Division 17 or is a
misdemeanor punishable by a fine of not less than two hundred fifty
dollars ($250) and not more than one thousand dollars ($1,000),
imprisonment in the county jail for not more than six months, or both
that fine and imprisonment.
   (c) Except for the purpose of transporting a disabled person as
specified in subdivision (b), a person shall not display a disabled
person placard  or sticker  that was not issued to him or
her or that has been canceled or revoked pursuant to Section 22511.6.
A violation of this subdivision is subject to the issuance of a
notice of parking violation imposing a civil penalty of not less than
two hundred fifty dollars ($250) and not more than one thousand
dollars ($1,000), for which enforcement shall be governed by the
procedures set forth in Article 3 (commencing with Section 40200) of
Chapter 1 of Division 17 or is a misdemeanor punishable by a fine of
not less than two hundred fifty dollars ($250) and not more than one
thousand dollars ($1,000), imprisonment in the county jail for not
more than six months, or both that fine and imprisonment.
   (d) Notwithstanding subdivisions (a), (b), and (c), a person using
a vehicle displaying a special identification license plate issued
to another pursuant to Section 5007 shall not park in those parking
stalls or spaces designated for disabled persons pursuant to Section
22511.7 or 22511.8, unless transporting a disabled person. A
violation of this subdivision is subject to the issuance of a notice
of parking violation imposing a civil penalty of not less than two
hundred fifty dollars ($250) and not more than one thousand dollars
($1,000), for which enforcement shall be governed by the procedures
set forth in Article 3 (commencing with Section 40200) of Chapter 1
of Division 17 or is a misdemeanor punishable by a fine of not less
than two hundred fifty dollars ($250) and not more than one thousand
dollars ($1,000), imprisonment in the county jail for not more than
six months, or both that fine and imprisonment.
   (e) For the purposes of subdivisions (b) and (c), "disabled person
placard" means a placard issued pursuant to Section 22511.55 or
 22511.59.   22511.59, and "sticker" means a
free-   parking   sticker issued pursuant to
Section 22511.551. 
   SEC. 2.    Section 22511.5 of the   Vehicle
Code   is repealed.  
   22511.5.  (a) (1) A disabled person or disabled veteran displaying
special license plates issued under Section 5007 or a distinguishing
placard issued under Section 22511.55 or 22511.59 is allowed to park
for unlimited periods in any of the following zones:
   (A) In any restricted zone described in paragraph (5) of
subdivision (a) of Section 21458 or on streets upon which
preferential parking privileges and height limits have been given
pursuant to Section 22507.
   (B) In any parking zone that is restricted as to the length of
time parking is permitted as indicated by a sign erected pursuant to
a local ordinance.
   (2) A disabled person or disabled veteran is allowed to park in
any metered parking space without being required to pay parking meter
fees.
   (3) This subdivision does not apply to a zone for which state law
or ordinance absolutely prohibits stopping, parking, or standing of
all vehicles, or which the law or ordinance reserves for special
types of vehicles, or to the parking of a vehicle that is involved in
the operation of a street vending business.
   (b) A disabled person or disabled veteran is allowed to park a
motor vehicle displaying a special disabled person license plate or
placard issued by a foreign jurisdiction with the same parking
privileges authorized in this code for any motor vehicle displaying a
special license plate or a distinguishing placard issued by the
Department of Motor Vehicles. 
   SEC. 3.    Section 22511.5 is added to the  
Vehicle Code   , to read:  
   22511.5.  (a) (1) A disabled person or disabled veteran displaying
special license plates issued under Section 5007 or a distinguishing
placard issued under Section 22511.55 or 22511.59 is allowed to park
in any restricted zone described in paragraph (5) of subdivision (a)
of Section 21458 or on streets upon which preferential parking
privileges and height limits have been given pursuant to Section
22507.
   (2) This subdivision does not apply to a zone for which state law
or ordinance absolutely prohibits stopping, parking, or standing of
all vehicles, or which the law or ordinance reserves for special
types of vehicles, or to the parking of a vehicle that is involved in
the operation of a street vending business.
   (b) A disabled person or disabled veteran is allowed to park a
motor vehicle displaying a special disabled person license plate or
placard issued by a foreign jurisdiction with the same parking
privileges authorized in this code for any motor vehicle displaying a
special license plate or a distinguishing placard issued by the
Department of Motor Vehicles. 
   SEC. 4.    Section 22511.55 of the   Vehicle
Code   is amended to read: 
   22511.55.  (a) (1) A disabled person or disabled veteran may apply
to the department for the issuance of a distinguishing placard. The
placard may be used in lieu of the special license plate or plates
issued under Section 5007 for parking purposes described in Section
22511.5 when (A) suspended from the rearview mirror, (B) if there is
no rearview mirror, when displayed on the dashboard of a vehicle, or
(C) inserted in a clip designated for a distinguishing placard and
installed by the manufacturer on the driver's side of the front
window. It is the intent of the Legislature to encourage the use of
distinguishing placards because they provide law enforcement officers
with a more readily recognizable symbol for distinguishing vehicles
qualified for the parking privilege. The placard shall be the size,
shape, and color determined by the department and shall bear the
International Symbol of Access adopted pursuant to Section 3 of
Public Law 100-641, commonly known as the "wheelchair symbol." The
department shall incorporate instructions for the lawful use of a
placard,  instructions for affixing a free-parking sticker issued
pursuant to Section 22511.551,  and a summary of the penalties
for the unlawful use of a placard, into the identification card
issued to the placard owner.
   (2) (A) The department may establish procedures for the issuance
and renewal of the placards. The procedures shall include, but are
not limited to, advising an applicant in writing on the application
for a placard of the procedure to apply for a special license plate
or plates, as described in Section 5007, and the fee exemptions
established pursuant to Section 9105 and in subdivision (a) of
Section 10783 of the Revenue and Taxation Code. The placards shall
have a fixed expiration date of June 30 every two years. A portion of
the placard shall be printed in a contrasting color that shall be
changed every two years. The size and color of this contrasting
portion of the placard shall be large and distinctive enough to be
readily identifiable by a law enforcement officer in a passing
vehicle.
   (B) As used in this section, "year" means the period between the
inclusive dates of July 1 through June 30.
   (C) Prior to the end of each year, the department shall, for the
most current three years available, compare its record of disability
placards issued against the records of the Office of Vital Records of
the State Department of Public Health, or its successor, and
withhold any renewal notices that otherwise would have been sent for
a placardholder identified as deceased.
   (3) Except as provided in paragraph (4), a person shall not be
eligible for more than one placard at a time.
   (4) Organizations and agencies involved in the transportation of
disabled persons or disabled veterans may apply for a placard for
each vehicle used for the purpose of transporting disabled persons or
disabled veterans.
   (b) (1) Except as provided in paragraph (4), prior to issuing an
original distinguishing placard to a disabled person or disabled
veteran, the department shall require the submission of a
certificate, in accordance with paragraph (2), signed by the
physician and surgeon, or to the extent that it does not cause a
reduction in the receipt of federal aid highway funds, by a nurse
practitioner, certified nurse midwife, or physician assistant,
substantiating the disability, unless the applicant's disability is
readily observable and uncontested. The disability of a person who
has lost, or has lost use of, one or more lower extremities or one
hand, for a disabled veteran, or both hands, for a disabled person,
or who has significant limitation in the use of lower extremities,
may also be certified by a licensed chiropractor. The blindness of an
applicant shall be certified by a licensed physician and surgeon who
specializes in diseases of the eye or a licensed optometrist. The
physician and surgeon, nurse practitioner, certified nurse midwife,
physician assistant, chiropractor, or optometrist certifying the
qualifying disability shall provide a full description of the illness
or disability on the form submitted to the department.
   (2) The physician and surgeon, nurse practitioner, certified nurse
midwife, physician assistant, chiropractor, or optometrist who signs
a certificate submitted under this subdivision shall retain
information sufficient to substantiate that certificate and, upon
request of the department, shall make that information available for
inspection by the Medical Board of California or the appropriate
regulatory board.
   (3) The department shall maintain in its records all information
on an applicant's certification of permanent disability and shall
make that information available to eligible law enforcement or
parking control agencies upon a request pursuant to Section 22511.58.

   (4) For a disabled veteran, the department shall accept, in lieu
of the certificate described in paragraph (1), a certificate from the
United States Department of Veterans Affairs that certifies that the
applicant is a disabled veteran as described in Section 295.7.
   (c) A person who is issued a distinguishing placard pursuant to
subdivision (a) may apply to the department for a substitute placard
without recertification of eligibility, if that placard is lost or
stolen.
   (d) The distinguishing placard shall be returned to the department
not later than 60 days after the death of the disabled person or
disabled veteran to whom the placard was issued.
   (e) The department shall print on any distinguishing placard
issued on or after January 1, 2005, the maximum penalty that may be
imposed for a violation of Section 4461. For purposes of this
subdivision, the "maximum penalty" is the amount derived from adding
all of the following:
   (1) The maximum fine that may be imposed under Section 4461.
   (2) The penalty required to be imposed under Section 70372 of the
Government Code.
   (3) The penalty required to be levied under Section 76000 of the
Government Code.
   (4) The penalty required to be levied under Section 1464 of the
Penal Code.
   (5) The surcharge required to be levied under Section 1465.7 of
the Penal Code.
   (6) The penalty authorized to be imposed under Section 4461.3.
   SEC. 5.    Section 22511.551 is added to the 
 Vehicle Code   , to read:  
   22511.551.  (a) (1) Notwithstanding any other law, a disabled
person or disabled veteran who has been issued a distinguishing
placard under Section 22511.55 or 22511.59 and who meets the criteria
specified in subdivision (b) may apply, pursuant to this section,
for a free-parking sticker, which shall be yellow in color and shall
be affixed to a placard issued pursuant to Section 22511.55 or
22511.59.
   (2) The owner of a sticker that is properly affixed to a placard
may park in any metered parking space without being required to pay
parking fees and for an unlimited period of time. For purposes of
this section, "metered parking space" includes a parking space
regulated by a parking meter designated for an individual parking
space and a parking payment center designated for one or more parking
spaces.
   (3) The department may establish procedures for the issuance and
renewal of the stickers. The procedures shall include, but are not
limited to, advising an applicant in writing on the application for a
sticker of the procedure to apply for a special license plate or
plates, as described in Section 5007. The stickers shall have a fixed
expiration date of June 30 every four years.
   (b) An applicant for a free-parking sticker under this section
shall provide certification pursuant to subdivision (c) that the
applicant is unable to perform one or more of the following
activities:
   (1) Manage, manipulate, or insert coins, or obtain tickets or
tokens at parking meters or parking payment centers, due to the lack
of fine motor control of both hands.
   (2) Reach above his or her head to a height of 42 inches from the
ground due to a lack of finger, hand, or upper extremity strength or
mobility.
   (3) Approach a parking meter due to his or her use of a wheelchair
or other device.
   (4) Walk more than 20 feet due to an orthopedic, neurological,
cardiovascular, or lung condition in which the degree of debilitation
is so severe that it almost completely impedes the ability to walk.
   (c) (1) Prior to issuing an original sticker to a disabled person
or disabled veteran, the department shall require the submission of a
certificate, in accordance with paragraph (2), signed by the
physician and surgeon, or to the extent that it does not cause a
reduction in the receipt of federal aid highway funds, by a nurse
practitioner, certified nurse midwife, or physician assistant,
substantiating the disability, unless the applicant's disability is
readily observable and uncontested. The physician and surgeon, nurse
practitioner, certified nurse midwife, physician assistant,
chiropractor, or optometrist certifying the qualifying disability
shall provide a full description of the qualifying condition on the
form submitted to the department.
   (2) The physician and surgeon, nurse practitioner, certified nurse
midwife, physician assistant, chiropractor, or optometrist who signs
a certificate submitted under this subdivision shall retain
information sufficient to substantiate that certificate and, upon
request of the department, shall make that information available for
inspection by the Medical Board of California or the appropriate
regulatory board.
   (3) A person who is issued a sticker pursuant to subdivision (a)
may apply to the department for a substitute sticker without
recertification of eligibility, if that sticker is lost or stolen.
   (d) The department may establish a fee for issuance of a sticker
pursuant to this section, which shall not exceed the reasonable costs
of implementing the sticker program.
   (e) Notwithstanding any other law, the maximum fine that may be
imposed under Section 4461 constitutes the maximum penalty that may
be imposed for a violation of Section 4461 based on the misuse of a
sticker issued under this section.  
       
  SECTION 1.    Section 22511.5 of the Vehicle Code
is amended to read:
   22511.5.  (a) (1) A disabled person or disabled veteran displaying
a special license plate issued under Section 5007 or a
distinguishing placard issued under Section 22511.55 or 22511.59 may
park for unlimited periods in any of the following zones:
   (A) In any restricted zone described in paragraph (5) of
subdivision (a) of Section 21458 or on streets upon which
preferential parking privileges and height limits have been given
pursuant to Section 22507.
   (B) In any parking zone that is restricted as to the length of
time parking is permitted as indicated by a sign erected pursuant to
a local ordinance.
   (2) A disabled person or disabled veteran may park in any metered
parking space without being required to pay parking meter fees.
   (3) This subdivision does not apply to a zone for which state law
or ordinance absolutely prohibits stopping, parking, or standing of
all vehicles, or that the law or ordinance reserves for special types
of vehicles, or to the parking of a vehicle that is involved in the
operation of a street vending business.
   (b) Notwithstanding subdivision (a), a local authority may require
a disabled person or disabled veteran to pay parking meter fees, and
may prohibit a disabled person or disabled veteran from parking for
a period that exceeds the length of time permitted for that parking
zone, pursuant to an ordinance or resolution adopted by the local
authority at an open meeting, if all of the following requirements
are satisfied:
   (1) The local authority performs a self-assessment of its
compliance with the federal Americans with Disabilities Act of 1990
(42 U.S.C. Sec. 12101 et seq.) with regard to its provision of
parking spaces that are accessible to disabled persons.
   (2) The assessment is made publicly available on an Internet Web
site at least 30 days prior to the meeting to discuss the proposed
ordinance or resolution.
   (3) The public is provided with an opportunity to comment on the
assessment and proposed ordinance or resolution at the meeting.
   (4) The local authority posts signs indicating that a person
displaying a special license plate or placard is required to pay
parking meter fees and is prohibited from parking for a period that
exceeds the permitted length of time.
   (5) The local authority makes all reasonable accommodations,
including the provision of free parking for individuals who, by
virtue of their disability, are unable to insert payment into a
parking meter.
   (c) A disabled person or disabled veteran may park a motor vehicle
displaying a special disabled person license plate or placard issued
by a foreign jurisdiction with the same parking privileges
authorized in this code for any motor vehicle displaying a special
license plate or a distinguishing placard issued by the Department of
Motor Vehicles.  
  SEC. 2.    Section 22511.55 of the Vehicle Code is
amended to read:
   22511.55.  (a) (1) A disabled person or disabled veteran may apply
to the department for the issuance of a distinguishing placard. The
placard may be used in lieu of the special license plate or plates
issued under Section 5007 for parking purposes described in Section
22511.5 when (A) suspended from the rearview mirror, (B) if there is
no rearview mirror, when displayed on the dashboard of a vehicle, or
(C) inserted in a clip designated for a distinguishing placard and
installed by the manufacturer on the driver's side of the front
window. It is the intent of the Legislature to encourage the use of
distinguishing placards because they provide law enforcement officers
with a more readily recognizable symbol for distinguishing vehicles
qualified for the parking privilege. The placard shall be the size,
shape, and color determined by the department and shall bear the
International Symbol of Access adopted pursuant to Section 3 of
Public Law 100-641, commonly known as the "wheelchair symbol." The
department shall incorporate instructions for the lawful use of a
placard, and a summary of the penalties for the unlawful use of a
placard, into the identification card issued to the placard owner.
   (2) (A) The department may establish procedures for the issuance
and renewal of the placards. The procedures shall include, but are
not limited to, advising an applicant in writing on the application
for a placard of the procedure to apply for a special license plate
or plates, as described in Section 5007, and the fee exemptions
established pursuant to Section 9105 and in subdivision (a) of
Section 10783 of the Revenue and Taxation Code. The placards shall
have a fixed expiration date of June 30 every two years. A portion of
the placard shall be printed in a contrasting color that shall be
changed every two years. The size and color of this contrasting
portion of the placard shall be large and distinctive enough to be
readily identifiable by a law enforcement officer in a passing
vehicle.
   (B) As used in this section, "year" means the period between the
inclusive dates of July 1 through June 30.
   (C) Prior to the end of each year, the department shall, for the
most current three years available, compare its record of disability
placards issued against the records of the Office of Vital Records of
the State Department of Public Health, or its successor, and
withhold any renewal notices that otherwise would have been sent for
a placardholder identified as deceased.
   (3) Except as provided in paragraph (4), a person shall not be
eligible for more than one placard at a time.
   (4) Organizations and agencies involved in the transportation of
disabled persons or disabled veterans may apply for a placard for
each vehicle used for the purpose of transporting disabled persons or
disabled veterans.
   (b) (1) Except as provided in paragraph (4), prior to issuing or
renewing a distinguishing placard to a disabled person or disabled
veteran, the department shall require the submission of a
certificate, in accordance with paragraph (2), signed under penalty
of perjury by the physician and surgeon, or to the extent that it
does not cause a reduction in the receipt of federal aid highway
funds, by a nurse practitioner, certified nurse midwife, or physician
assistant, substantiating the disability, unless the applicant's
disability is readily observable and uncontested. The disability of a
person who has lost, or has lost use of, one or more lower
extremities or one hand, for a disabled veteran, or both hands, for a
disabled person, or who has significant limitation in the use of
lower extremities, may also be certified by a licensed chiropractor.
The blindness of an applicant shall be certified by a licensed
physician and surgeon who specializes in diseases of the eye or a
licensed optometrist. The physician and surgeon, nurse practitioner,
certified nurse midwife, physician assistant, chiropractor, or
optometrist certifying the qualifying disability shall provide a full
description of the illness or disability on the form submitted to
the department.
   (2) The physician and surgeon, nurse practitioner, certified nurse
midwife, physician assistant, chiropractor, or optometrist who signs
a certificate submitted under this subdivision shall retain
information sufficient to substantiate that certificate and, upon
request of the department, shall make that information available for
inspection by the Medical Board of California or the appropriate
regulatory board.
   (3) The department shall maintain in its records all information
on an applicant's certification of permanent disability and shall
make that information available to eligible law enforcement or
parking control agencies upon a request pursuant to Section 22511.58.

   (4) For a disabled veteran, the department shall accept, in lieu
of the certificate described in paragraph (1), a certificate from the
United States Department of Veterans Affairs that certifies that the
applicant is a disabled veteran as described in Section 295.7.
                                                 (c) A person who is
issued a distinguishing placard pursuant to subdivision (a) may apply
to the department for a substitute placard without recertification
of eligibility, if that placard is lost or stolen.
   (d) (1) The distinguishing placard shall be returned to the
department not later than 60 days after the death of the disabled
person or disabled veteran to whom the placard was issued.
   (2) If the department becomes aware that the person to whom the
placard was issued is deceased, the department shall notify the
informant identified on the certificate of death of his or her legal
responsibility to return the placard to the department and provide
instructions on how to do so.
   (e) The department shall print on any distinguishing placard
issued on or after January 1, 2005, the maximum penalty that may be
imposed for a violation of Section 4461. For purposes of this
subdivision, the "maximum penalty" is the amount derived from adding
all of the following:
   (1) The maximum fine that may be imposed under Section 4461.
   (2) The penalty required to be imposed under Section 70372 of the
Government Code.
   (3) The penalty required to be levied under Section 76000 of the
Government Code.
   (4) The penalty required to be levied under Section 1464 of the
Penal Code.
   (5) The surcharge required to be levied under Section 1465.7 of
the Penal Code.
   (6) The penalty authorized to be imposed under Section 4461.3.

   SEC. 3.   SEC. 6.   No reimbursement is
required by this act pursuant to Section 6 of Article XIII B of the
California Constitution because the only costs that may be incurred
by a local agency or school district will be incurred because this
act creates a new crime or infraction, eliminates a crime or
infraction, or changes the penalty for a crime or infraction, within
the meaning of Section 17556 of the Government Code, or changes the
definition of a crime within the meaning of Section 6 of Article XIII
B of the California Constitution.