BILL NUMBER: AB 469	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 27, 2011
	AMENDED IN ASSEMBLY  MAY 3, 2011
	AMENDED IN ASSEMBLY  APRIL 14, 2011
	AMENDED IN ASSEMBLY  APRIL 7, 2011
	AMENDED IN ASSEMBLY  MARCH 31, 2011

INTRODUCED BY   Assembly Member Swanson
    (   Coauthor:   Assembly Member  
Huffman   ) 

                        FEBRUARY 15, 2011

   An act to amend Sections 98, 226, 240, 243, and 1174 of, and to
add Sections 1194.3, 1197.2, 1206, and 2811 to, the Labor Code,
relating to employment.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 469, as amended, Swanson. Employees: wages.
   (1) Existing law authorizes the Labor Commissioner to investigate
and enforce statutes and orders of the Industrial Welfare Commission
that, among other things, specify the requirements for the payment of
wages by employers. Existing law provides for criminal and civil
penalties for violations of statutes and orders of the commission
regarding payment of wages.
   This bill would make it a  felony  
misdemeanor  if an employer willfully violates specified wage
statutes or orders, or willfully fails to pay a final court judgment
or final order from the Labor Commissioner for wages due  ,
and the total amount of unpaid wages is more than $1,000  .
   (2) Existing law permits the Labor Commissioner to require an
employer who has been convicted of a subsequent wage violation or who
has failed to satisfy a judgment to post a bond in order to continue
business operations.
   This bill would extend the time required for a subsequently
convicted employer to maintain a bond from 6 months to 2 years and
would require that a subsequently convicted employer provide an
accounting of assets, as specified, to the Labor Commissioner.
   (3) Existing law requires an employer to post specified wage and
hour information in a location where it can be viewed by employees.
   This bill would require an employer to provide each employee, at
the time of hiring, with a notice  in English and in the
employee's primary language  that specifies the rate and the
basis, whether hourly, salary, commission, or otherwise, of the
employee's wages.  No notice would be required for an employee
who is employed by the state or any subdivision thereof, exempt from
the payment of overtime, or covered by a collective bargaining
agreement containing specified information. 
   (4) In addition to the crime and employer obligations imposed by
this bill, the Labor Code provides for other work-related standards
and duties that, upon violation, are subject to specified penalties.
   This bill would state that the Labor Code establishes minimum
penalties for failure to comply with wage-related statutes and
regulations.
   Because this bill would create a new crime or expand the
definition of a crime, it would impose a state-mandated local
program.
   (5) 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.  This act shall be known and may be cited as the Wage
Theft Prevention Act of 2011.
  SEC. 2.  Section 98 of the Labor Code is amended to read:
   98.  (a) The Labor Commissioner is authorized to investigate
employee complaints. The Labor Commissioner may provide for a hearing
in any action to recover wages, penalties, and other demands for
compensation properly before the division or the Labor Commissioner,
including orders of the Industrial Welfare Commission, and shall
determine all matters arising under his or her jurisdiction. It is
within the jurisdiction of the Labor Commissioner to accept and
determine claims from holders of payroll checks or payroll drafts
returned unpaid because of insufficient funds, if, after a diligent
search, the holder is unable to return the dishonored check or draft
to the payee and recover the sums paid out. Within 30 days of the
filing of the complaint, the Labor Commissioner shall notify the
parties as to whether a hearing will be held, whether action will be
taken in accordance with Section 98.3, or whether no further action
will be taken on the complaint. If the determination is made by the
Labor Commissioner to hold a hearing, the hearing shall be held
within 90 days of the date of that determination. However, the Labor
Commissioner may postpone or grant additional time before setting a
hearing if the Labor Commissioner finds that it would lead to an
equitable and just resolution of the dispute. A party who has
received actual notice of a claim before the Labor Commissioner
shall, while the matter is before the Labor Commissioner, notify the
Labor Commissioner in writing of any change in that party's business
or personal address within 10 days after the change in address
occurs.
   It is the intent of the Legislature that hearings held pursuant to
this section be conducted in an informal setting preserving the
rights of the parties.
   (b) When a hearing is set, a copy of the complaint, which shall
include the amount of compensation requested, together with a notice
of time and place of the hearing, shall be served on all parties,
personally or by certified mail, or in the manner specified in
Section 415.20 of the Code of Civil Procedure.
   (c) Within 10 days after service of the notice and the complaint,
a defendant may file an answer with the Labor Commissioner in any
form as the Labor Commissioner may prescribe, setting forth the
particulars in which the complaint is inaccurate or incomplete and
the facts upon which the defendant intends to rely.
   (d) No pleading other than the complaint and answer of the
defendant or defendants shall be required. Both shall be in writing
and shall conform to the form and the rules of practice and procedure
adopted by the Labor Commissioner.
   (e) Evidence on matters not pleaded in the answer shall be allowed
only on terms and conditions the Labor Commissioner shall impose. In
all these cases, the claimant shall be entitled to a continuance for
purposes of review of the new evidence.
   (f) If the defendant fails to appear or answer within the time
allowed under this chapter, no default shall be taken against him or
her, but the Labor Commissioner shall hear the evidence offered and
shall issue an order, decision, or award in accordance with the
evidence. A defendant failing to appear or answer, or subsequently
contending to be aggrieved in any manner by want of notice of the
pendency of the proceedings, may apply to the Labor Commissioner for
relief in accordance with Section 473 of the Code of Civil Procedure.
The Labor Commissioner may afford this relief. No right to relief,
including the claim that the findings or award of the Labor
Commissioner or judgment entered thereon are void upon their face,
shall accrue to the defendant in any court unless prior application
is made to the Labor Commissioner in accordance with this chapter.
   (g) All hearings conducted pursuant to this chapter are governed
by the division and by the rules of practice and procedure adopted by
the Labor Commissioner.
   (h) (1) Whenever a claim is filed under this chapter against a
person operating or doing business under a fictitious business name,
as defined in Section 17900 of the Business and Professions Code,
which relates to the person's business, the division shall inquire at
the time of the hearing whether the name of the person is the legal
name under which the business or person has been licensed,
registered, incorporated, or otherwise authorized to do business.
   (2) The division may amend an order, decision, or award to conform
to the legal name of the business or the person who is the defendant
to a wage claim, if it can be shown that proper service was made on
the defendant or his or her agent, unless a judgment had been entered
on the order, decision, or award pursuant to subdivision (d) of
Section 98.2. The Labor Commissioner may apply to the clerk of the
superior court to amend a judgment that has been issued pursuant to a
final order, decision, or award to conform to the legal name of the
defendant, if it can be shown that proper service was made on the
defendant or his or her agent.
  SEC. 3.  Section 226 of the Labor Code is amended to read:
   226.  (a) Every employer shall, semimonthly or at the time of each
payment of wages, furnish each of his or her employees, either as a
detachable part of the check, draft, or voucher paying the employee's
wages, or separately when wages are paid by personal check or cash,
an accurate itemized statement in writing showing (1) gross wages
earned, (2) total hours worked by the employee, except for any
employee whose compensation is solely based on a salary and who is
exempt from payment of overtime under subdivision (a) of Section 515
or any applicable order of the Industrial Welfare Commission, (3) the
number of piece-rate units earned and any applicable piece rate if
the employee is paid on a piece-rate basis, (4) all deductions,
provided that all deductions made on written orders of the employee
may be aggregated and shown as one item, (5) net wages earned, (6)
the inclusive dates of the period for which the employee is paid, (7)
the name of the employee and his or her social security number,
except that by January 1, 2008, only the last four digits of his or
her social security number or an employee identification number other
than a social security number may be shown on the itemized
statement, (8) the name and address of the legal entity that is the
employer, and (9) all applicable hourly rates in effect during the
pay period and the corresponding number of hours worked at each
hourly rate by the employee. The deductions made from payments of
wages shall be recorded in ink or other indelible form, properly
dated, showing the month, day, and year, and a copy of the statement
and the record of the deductions shall be kept on file by the
employer for at least three years at the place of employment or at a
central location within the State of California.
   (b) An employer that is required by this code or any regulation
adopted pursuant to this code to keep the information required by
subdivision (a) shall afford current and former employees the right
to inspect or copy the records pertaining to that current or former
employee, upon reasonable request to the employer. The employer may
take reasonable steps to ensure the identity of a current or former
employee. If the employer provides copies of the records, the actual
cost of reproduction may be charged to the current or former
employee.
   (c) An employer who receives a written or oral request to inspect
or copy records pursuant to subdivision (b) pertaining to a current
or former employee shall comply with the request as soon as
practicable, but no later than 21 calendar days from the date of the
request. A violation of this subdivision is an infraction.
Impossibility of performance, not caused by or a result of a
violation of law, shall be an affirmative defense for an employer in
any action alleging a violation of this subdivision. An employer may
designate the person to whom a request under this subdivision will be
made.
   (d) This section does not apply to any employer of any person
employed by the owner or occupant of a residential dwelling whose
duties are incidental to the ownership, maintenance, or use of the
dwelling, including the care and supervision of children, or whose
duties are personal and not in the course of the trade, business,
profession, or occupation of the owner or occupant.
   (e) An employee suffering injury as a result of a knowing and
intentional failure by an employer to comply with subdivision (a) is
entitled to recover the greater of all actual damages or fifty
dollars ($50) for the initial pay period in which a violation occurs
and one hundred dollars ($100) per employee for each violation in a
subsequent pay period, not exceeding an aggregate penalty of four
thousand dollars ($4,000), and is entitled to an award of costs and
reasonable attorney's fees.
   (f) A failure by an employer to permit a current or former
employee to inspect or copy records within the time set forth in
subdivision (c) entitles the current or former employee or the Labor
Commissioner to recover a seven-hundred-fifty-dollar ($750) penalty
from the employer.
   (g) An employee may also bring an action for injunctive relief to
ensure compliance with this section, and is entitled to an award of
costs and reasonable attorney's fees.
   (h) This section does not apply to the state, to any city, county,
city and county, district, or to any other governmental entity,
except that if the state or a city, county, city and county,
district, or other governmental entity furnishes its employees with a
check, draft, or voucher paying the employee's wages, the state or a
city, county, city and county, district, or other governmental
entity shall, by January 1, 2008, use no more than the last four
digits of the employee's social security number or shall use an
employee identification number other than the social security number
on the itemized statement provided with the check, draft, or voucher.

  SEC. 4.  Section 240 of the Labor Code is amended to read:
   240.  (a) If any employer has been convicted of a violation of any
provision of this article, or if any judgment against an employer
for nonpayment of wages remains unsatisfied for a period of 10 days
after the time to appeal therefrom has expired, and no appeal
therefrom is then pending, the Labor Commissioner may require the
employer to deposit a bond in such sum as the Labor Commissioner may
deem sufficient and adequate in the circumstances, to be approved by
the Labor Commissioner. The bond shall be payable to the Labor
Commissioner and shall be conditioned that the employer shall, for a
definite future period, not exceeding two years, pay the employees in
accordance with the provisions of this article, and shall be further
conditioned upon the payment by the employer of any judgment which
may be recovered against the employer pursuant to the provisions of
this article.
   (b) If an order to post a bond issued against an employer under
this section remains unsatisfied for a period of 10 days after the
time to appeal therefrom has expired, and no appeal from the order is
then pending, the Labor Commissioner may require the employer to
provide an accounting of assets of the employer, including a list of
all bank accounts, accounts receivable, personal property, real
property, automobiles or other vehicles, and any other assets, in a
form and manner as prescribed by the Labor Commissioner. An employer
shall provide an amended accounting of assets, if ordered by the
Labor Commissioner to do so. If, within 10 days after a demand for an
accounting of assets, made by certified or registered mail, the
employer fails to provide an accounting, or if the employer fails to
provide an amended accounting after receiving a demand by the Labor
Commissioner to do so, the Labor Commissioner may bring an action in
the name and on behalf of the people of the State of California
against such employer to compel the employer to furnish the
accounting. An employer who fails to provide an accounting as
required by this subdivision shall be subject to a civil penalty not
to exceed ten thousand dollars ($10,000).
   (c) If, within 10 days after demand for the bond, which demand may
be made by mail, the employer fails to deposit the bond, the Labor
Commissioner may bring an action in the name and on behalf of the
people of the State of California against the employer in a court of
competent jurisdiction to compel the employer to furnish the bond or
to cease doing business until the employer has done so. The employer
has the burden of proving either that the bond is unnecessary or that
the amount demanded is excessive. If the court finds that there is
just cause for requiring the bond, and that the bond is reasonably
necessary or proper to secure prompt payment of the wages of the
employees of the employer and the employer's compliance with the
provisions of this article, the court may enjoin the employer,
whether an individual, partnership, corporation, company, trust, or
association, and such other person or persons as may have been or may
be concerned with or in any way participating in the failure to pay
the wages resulting in the conviction or in the judgment, from doing
business until the requirement is met, and make other and further
orders appropriate to compel compliance with the requirement.
  SEC. 5.  Section 243 of the Labor Code is amended to read:
   243.  (a) If, within 10 years of either a conviction for a
violation of this article or failing to satisfy a judgment for
nonpayment of wages, or of both, it is alleged that an employer on a
second occasion has been convicted of again violating this article or
is failing to satisfy a judgment for nonpayment of wages, an
employee or the employee's legal representative, an attorney licensed
to practice law in this state, may, on behalf of himself or herself
and others, bring an action in a court of competent jurisdiction for
a temporary restraining order prohibiting the employer from doing
business in this state unless the employer deposits with the court a
bond to secure compliance by the employer with this article or to
satisfy the judgment for nonpayment of wages.
   (b) Upon the filing of an affidavit that, to the satisfaction of
the court, shows reasonable proof that an employer, for the second
time within 10 years, has been convicted of violating this article or
has failed to satisfy a judgment for the nonpayment of wages, or
both, the court may grant an order that prohibits the employer within
30 days from conducting any business within the state unless the
employer deposits a bond payable to the Labor Commissioner, with the
condition that the employer make wage payments in accordance with
this article, or that the employer pay any unsatisfied judgment for
nonpayment of wages, or both. The court shall order that the bond be
on deposit with the Labor Commissioner at all times within a
five-year period from the date of the order, that the employer
employs more than 10 employees. The court shall order that the bond
be in an amount equal to twenty-five thousand dollars ($25,000) or 25
percent of the weekly gross payroll of the employer at the time of
the posting of the bond, whichever is greater, and that the term of
the bond be for the duration of the service of the employee who
brought the action, until past due wages have been paid, or until
satisfaction of all judgments for nonpayment of wages. The bond shall
also be payable for wages, interest on wages and for any damages
arising from any violation of orders of the Industrial Welfare
Commission, and for any other monetary relief awarded to an employee
as a result of a violation of this code. To aid in the enforcement of
this section, upon a request by the Labor Commissioner or an
employee bringing an action pursuant to this section, the court may
additionally require the employer to provide an accounting of assets
of the employer, including a list of all bank accounts, accounts
receivable, personal property, real property, automobiles or other
vehicles, and any other assets, in a form and manner as prescribed by
the court. An employer shall provide an amended accounting of assets
if ordered by the court to do so. If, within 10 days after a demand
for an accounting of assets, which demand may be made by certified or
registered mail, the employer shall fail to provide an accounting,
or if the employer fails to provide an amended accounting being
ordered to do so, the court may take all appropriate action to
enforce its order, including the imposition of appropriate sanctions.

   (c) For purposes of subdivision (b), an employer shall be deemed
to have been convicted of having violated this article or to have
failed to satisfy a judgment for the second time within 10 years if,
to secure labor or personal services in connection with his or her
business, the employer uses the services of an agent, contractor, or
subcontractor who is convicted of a violation of this article or
fails to satisfy a judgment for wages respecting those employees, or
both, but only if the employer had actual knowledge of the person's
failure to pay wages. In issuing a temporary restraining order
pursuant to this section, the court, in determining the amount and
term of the bond, shall count the agent's, contractor's, or
subcontractor's employees as part of the employer's total workforce.
This subdivision shall not apply where a temporary restraining order
against the agent, contractor, or subcontractor as an employer has
been issued pursuant to subdivision (b).
   (d) An employer who, for the third time within 10 years of the
first occurrence, is alleged to have violated this article or to have
failed to satisfy a judgment for nonpayment of wages, or both, shall
be deemed by the court to have commenced a new five-year period for
which the posting of a bond may be ordered in accordance with
subdivision (b), except that the court may, in its discretion,
require the posting of a bond in a greater amount as it determines
appropriate under the circumstances.
   (e) A former employee who was a party to an earlier action against
an employer in which a judgment for the payment of wages was
obtained, and who alleges that the employer has failed to satisfy the
judgment for the payment of wages, in addition to any other
available remedy, may petition the court pursuant to subdivision (b)
for a temporary restraining order against the employer to cease doing
business in this state unless the employer posts a bond with the
court.
   (f) Actions brought pursuant to this section shall be set for
trial at the earliest possible date, and shall take precedence over
all other cases, except older matters of the same character and
matters to which special precedence may be given by law.
   (g) Nothing in this section shall be construed to impose any
mandatory duties on the Labor Commissioner.
  SEC. 6.  Section 1174 of the Labor Code is amended to read:
   1174.  Every person employing labor in this state shall:
   (a) Furnish to the commission, at its request, reports or
information that the commission requires to carry out this chapter.
The reports and information shall be verified if required by the
commission or any member thereof.
   (b) Allow any member of the commission or the employees of the
Division of Labor Standards Enforcement free access to the place of
business or employment of the person to secure any information or
make any investigation that they are authorized by this chapter to
ascertain or make. The commission may inspect or make excerpts,
relating to the employment of employees, from the books, reports,
contracts, payrolls, documents, or papers of the person.
   (c) Keep a record showing the names and addresses of all employees
employed and the ages of all minors.
   (d) Keep, at a central location in the state or at the plants or
establishments at which employees are employed, payroll records
showing the hours worked daily by and the wages paid to, and the
number of piece-rate units earned by and any applicable piece rate
paid to, employees employed at the respective plants or
establishments. These records shall be kept in accordance with rules
established for this purpose by the commission, but in any case shall
be kept on file for not less than three years. An employer shall not
prohibit an employee from maintaining a personal record of hours
worked, or, if paid on a piece-rate basis, piece-rate units earned.
  SEC. 7.  Section 1194.3 is added to the Labor Code, to read:
   1194.3.  An employee may recover attorney's fees and costs
incurred to enforce a court judgment for unpaid wages due pursuant to
this code.
  SEC. 8.  Section 1197.2 is added to the Labor Code, to read:
   1197.2.  (a) In addition to any other penalty imposed by law, an
employer who willfully violates provisions of this code or orders of
the Industrial Welfare Commission requiring payment of the legal
minimum wage or the legal overtime compensation applicable to an
employee shall be guilty of a misdemeanor  if  
. If  the total amount of unpaid wages is less than one
thousand dollars ($1,000),  and,  upon conviction
therefor,  the   employer  shall be fined not less
than one thousand dollars ($1,000) nor more than ten thousand dollars
($10,000) or imprisoned in the county jail for not more than six
months, or both the fine and imprisonment  , and, if
  for each offense. If  the total amount of unpaid
wages is more than one thousand dollars ($1,000),  shall be
guilty of a felony and  , upon conviction therefor,  the
employer  shall be fined not less than ten thousand dollars
($10,000) nor more than twenty thousand dollars ($20,000), or
imprisoned in the  state prison for 16 months, or two or
three years   county jail for not less than six months,
nor more than one year  , or both the fine and imprisonment, for
each offense. If there are multiple violations of this code or
orders of the Industrial Welfare Commission involving more than one
employee, the total amount of unpaid wages owed to all employees
shall be aggregated together for purposes of determining 
whether an offense is a misdemeanor or a felony   the
level of fine and the term of imprisonment  .
   (b) In addition to any other penalty imposed by law, an employer
who willfully fails to pay and has the ability to pay a final court
judgment or final order issued by the Labor Commissioner for all
wages due to an employee who has been discharged or who has quit
within 90 days of the date that the judgment was entered or the order
became final is guilty of a misdemeanor  if   .
If  the total amount of wages due is less than one thousand
dollars ($1,000),  and,  upon conviction therefor,
 the employer  shall be fined not less than one thousand
dollars ($1,000) nor more than ten thousand dollars ($10,000) or
imprisoned in the county jail for not more than six months, 
or both,   for each offense. If  and, if the total
amount of wages due is more than one thousand dollars ($1,000),
 shall be guilty of a felony, and  upon conviction
therefor,  the employer  shall be fined not less than ten
thousand dollars ($10,000) nor more than twenty thousand dollars
($20,000), or imprisoned in the  state prison for 16 months,
or two or three years   county jail for not less than
six months, nor more than one year  , or both the fine and
imprisonment  ,  for each offense. If there are multiple
failures to pay wages involving more than one employee, the total
amount of wages due to all employees shall be aggregated together for
purposes of determining  whether an offense is a misdemeanor
or a felony   the level of fine and the term of
imprisonment  .
   (c) As used in this section, "willfully" has the same meaning as
provided in Section 7 of the Penal Code.
   (d) An employer or other person guilty of a misdemeanor 
or felony  under subdivision (a) or (b) shall pay, in
addition to any criminal fines, restitution to the aggrieved employee
or employees in an amount equal to the total amount of unpaid wages.

  SEC. 9.  Section 1206 is added to the Labor Code, to read:
   1206.  Notwithstanding any other provision of law, this code
establishes minimum penalties for failure to comply with wage-related
statutes and regulations.
  SEC. 10.  Section 2811 is added to the Labor Code, to read:
   2811.  (a) (1) At the time of hiring, an employer shall provide
each employee, in writing in English and in the language identified
by the employee as his or her  the  primary
language, a notice containing the following information:
   (A) The rate or rates of pay and basis thereof, whether paid by
the hour, shift, day, week, salary, piece, commission, or otherwise
including any rates for overtime, as applicable.
   (B) Allowances, if any, claimed as part of the minimum wage,
including meal or lodging allowances.
   (C) The regular payday designated by the employer in accordance
with the requirements of this code.
   (D) The name of the employer, including any "doing business as"
names used by the employer.
   (E) The physical address of the employer's main office or
principal place of business, and a mailing address, if different.
   (F) The telephone number of the employer.
   (G) Any other information the Labor Commissioner deems material
and necessary. 
   (2) When providing the notice to an employee, the employer shall
obtain from the employee a signed and dated acknowledgment, in
English and in the primary language of the employee, of receipt of
the notice, which the employer shall preserve and maintain for three
years. The acknowledgment shall include an affirmation by the
employee that the employee accurately identified his or her primary
language to the employer, and that the notice provided by the
employer to the employee was in the language so identified, and shall
conform to any additional requirements established by the Labor
Commissioner with regard to content and form.  
   (3) 
    (2)  The Labor Commissioner shall prepare templates that
comply with the requirements of  paragraphs (1) and (2)
  paragraph (1)  . Each template shall be in
English and one additional language. The Labor Commissioner shall
determine, in his or her discretion, which languages to provide in
addition to English, based on the size of the state population that
speaks each language and any other factor that the Labor Commissioner
shall deem relevant. All templates shall be made available to
employers in such manner as
    determined by the Labor Commissioner. 
   (4) 
    (3)  When an employee identifies as his or her primary
language a language for which a template is not available from the
Labor Commissioner, the employer may comply with this subdivision by
providing the employee an English-language notice or acknowledgment.

   (5) 
    (4)  An employer shall not be penalized for errors or
omissions in the non-English portions of any notice provided by the
Labor Commissioner.
   (b) An employer shall notify his or her employees in writing of
any changes to the information set forth in the notice, or in the
terms or conditions of employment, within seven calendar days after
the time of the changes, unless all changes are reflected on the wage
statement furnished in accordance with Section 226. 
   (c) For purposes of this section, "employee" does not include any
of the following:  
   (1) An employee directly employed by the state or any political
subdivision thereof, including any city, county, city and county, or
special district.  
   (2) An employee who is exempt from the payment of overtime wages
by statute or the wage orders of the Industrial Welfare Commission.
 
   (3) An employee who is covered by a valid collective bargaining
agreement if the agreement expressly provides for the wages, hours of
work, and working conditions of the employee, and if the agreement
provides premium wage rates for all overtime hours worked and a
regular hourly rate of pay for those employees of not less than 30
percent more than the state minimum wage. 
  SEC. 11.  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.