Amended in Senate June 30, 2015

Amended in Assembly June 1, 2015

Amended in Assembly April 20, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 516


Introduced by Assembly Member Mullin

(Coauthor: Assembly Member Chiu)

(Coauthor: Senator Hill)

February 23, 2015


An act to amend, repeal, and add Sections 4456,begin insert 4456.5,end insert 4462, 4463, 4763, 4773, 5201, 5202, 5901, 6100, 11714, and 38080 of, and to add Section 4456.2 to, the Vehicle Code, relating to vehicles.

LEGISLATIVE COUNSEL’S DIGEST

AB 516, as amended, Mullin. Vehicles: temporary license plates.

Existing law requires the Department of Motor Vehicles (DMV), upon registering a vehicle, to issue to the owner 2 license plates, as specified. Existing law also requires vehicle dealers and lessor-retailers to attach a numbered report-of-sale form issued by the DMV to a vehicle at the time of sale, and to submit to the DMV an application for registration of the vehicle, and the applicable fees, within a specified period after the date of sale.begin insert Existing law authorizes a dealer, as specified, to assess a specified document processing charge on the purchaser or lessee of a vehicle for the preparation and processing of documents, disclosures, and titling, registration, and information security obligations imposed by state and federal law.end insert Existing law generally makes a violation of the Vehicle Code an infraction, but makes counterfeiting a license plate a felony.

Existing law requires the driver of a motor vehicle to present evidence of registration of a vehicle under the driver’s immediate control upon demand by a peace officer. Existing law prohibits displaying or presenting to a peace officer specified indicia of vehicle registration that are not issued for that vehicle. Existing law authorizes the DMV to assess administrative fees on a processing agency for providing notices of delinquent parking violations or toll evasion violations to the offenders in connection with the collection of penalties for those violations, and authorizes the use of those administrative fees to support those collection procedures. Existing law requires license plates to be securely fastened to the vehicle for which they were issued for the period of validity of the license plates, and authorizes the use of a special permit in lieu of license plates for that purpose.

This bill would require the DMV to develop an operational system, no later than January 1, 2018, that allows a dealer or lessor-retailer to electronically report the sale of a vehicle and provide a temporary license plate as specified. The bill would, commencing January 1, 2017, authorize the department to assess specified administrative fees on processing agencies to support the administration of this system.begin insert The bill would also, commencing January 1, 2018, increase the document processing charge, as specified, that a dealer may impose on the purchaser or lessee of a vehicle.end insert

The bill would, commencing January 1, 2018, prohibit a person from displaying on a vehicle or presenting to a peace officer, a temporary license plate that was not issued for that vehicle, as specified. The bill would, commencing January 1, 2018, make counterfeiting a temporary license plate a felony. The bill would, commencing January 1, 2018, require temporary license plates to be securely fastened to the vehicle for which they are issued, as specified, and would require a person upon receipt of permanent license plates to replace and destroy the temporary license plates. The bill would make additional conforming changes.begin insert By creating new crimes and expanding the scope of existing crimes, this bill would impose a state-mandated local program.end insert

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:

P3    1

SECTION 1.  

Section 4456 of the Vehicle Code is amended to
2read:

3

4456.  

(a) When selling a vehicle, dealers and lessor-retailers
4shall use numbered report-of-sale forms issued by the department.
5The forms shall be used in accordance with the following terms
6and conditions:

7(1) The dealer or lessor-retailer shall attach for display a copy
8of the report of sale on the vehicle before the vehicle is delivered
9to the purchaser.

10(2) The dealer or lessor-retailer shall submit to the department
11an application accompanied by all fees and penalties due for
12registration or transfer of registration of the vehicle within 30 days
13from the date of sale, as provided in subdivision (c) of Section
149553, if the vehicle is a used vehicle, and 20 days if the vehicle is
15a new vehicle. Penalties due for noncompliance with this paragraph
16shall be paid by the dealer or lessor-retailer. The dealer or
17lessor-retailer shall not charge the purchaser for the penalties.

18(3) As part of an application to transfer registration of a used
19vehicle, the dealer or lessor-retailer shall include all of the
20following information on the certificate of title, application for a
21duplicate certificate of title, or form prescribed by the department:

22(A) Date of sale andbegin delete report of saleend deletebegin insert report-of-saleend insert number.

23(B) Purchaser’s name and address.

24(C) Dealer’s name, address, number, and signature or signature
25of authorized agent.

26(D) Salesperson number.

27(4) If the department returns an application and the application
28was first received by the department within 30 days of the date of
29sale of the vehicle if the vehicle is a used vehicle, and 20 days if
30the vehicle is a new vehicle, the dealer or lessor-retailer shall
31submit a corrected application to the department within 50 days
32from the date of sale of the vehicle if the vehicle is a used vehicle,
33and 40 days if the vehicle is a new vehicle, or within 30 days from
34the date that the application is first returned by the department if
35the vehicle is a used vehicle, and 20 days if the vehicle is a new
36vehicle, whichever is later.

37(5) If the department returns an application and the application
38was first received by the department more than 30 days from the
P4    1date of sale of the vehicle if the vehicle is a used vehicle, and 20
2days if the vehicle is a new vehicle, the dealer or lessor-retailer
3shall submit a corrected application to the department within 50
4days from the date of sale of the vehicle if the vehicle is a used
5vehicle, and 40 days if the vehicle is a new vehicle.

6(6) An application first received by the department more than
750 days from the date of sale of the vehicle if the vehicle is a used
8vehicle, and 40 days if the vehicle is a new vehicle, is subject to
9the penalties specified in subdivisions (a) and (b) of Section 4456.1.

10(7) The dealer or lessor-retailer shall report the sale pursuant to
11Section 5901.

12(b) (1) A transfer that takes place through a dealer conducting
13a wholesale vehicle auction shall be reported to the department by
14that dealer on a single form approved by the department. The
15completed form shall contain, at a minimum, all of the following
16information:

17(A) The name and address of the seller.

18(B) The seller’s dealer number, if applicable.

19(C) The date of delivery to the dealer conducting the auction.

20(D) The actual mileage of the vehicle as indicated by the
21vehicle’s odometer at the time of delivery to the dealer conducting
22the auction.

23(E) The name, address, and occupational license number of the
24dealer conducting the auction.

25(F) The name, address, and occupational license number of the
26buyer.

27(G) The signature of the dealer conducting the auction.

28(2) Submission of the completed form specified in paragraph
29(1) to the department shall fully satisfy the requirements of
30subdivision (a) and subdivision (a) of Section 5901 with respect
31to the dealer selling at auction and the dealer conducting the
32auction.

33(3) The single form required by this subdivision does not relieve
34a dealer of any obligation or responsibility that is required by any
35other law.

36(c) A vehicle displaying a copy of the report of sale may be
37operated without license plates or registration card until either of
38the following, whichever occurs first:

39(1) The license plates and registration card are received by the
40 purchaser.

P5    1(2) A 90-day period, commencing with the date of sale of the
2vehicle, has expired.

3(d) This section shall become operative on July 1, 2012.

4(e) This section shall remain in effect only until January 1, 2018,
5and as of that date is repealed, unless a later enacted statute, that
6is enacted before January 1, 2018, deletes or extends that date.

7

SEC. 2.  

Section 4456 is added to the Vehicle Code, to read:

8

4456.  

(a) When selling a vehicle, dealers and lessor-retailers
9shall report the sale using the reporting system described in Section
104456.2. After providing information to the reporting system, the
11dealer or lessor-retailer shall do all of the following:

12(1) The dealer or lessor-retailer shall attach for display a copy
13of the report-of-sale form provided by the reporting system on the
14vehicle before the vehicle is delivered to the purchaser.

15(2) The dealer or lessor-retailer shall submit to the department
16an application accompanied by all fees and penalties due for
17registration or transfer of registration of the vehicle within 30 days
18from the date of sale, as provided in subdivision (c) of Section
199553, if the vehicle is a used vehicle, and within 20 days if the
20vehicle is a new vehicle. Penalties due for noncompliance with
21this paragraph shall be paid by the dealer or lessor-retailer. The
22dealer or lessor-retailer shall not charge the purchaser for the
23penalties.

24(3) As part of an application to transfer registration of a used
25vehicle, the dealer or lessor-retailer shall include all of the
26following information on the certificate of title, application for a
27duplicate certificate of title, or form prescribed by the department:

28(A) Date of sale and report-of-sale number.

29(B) Purchaser’s name and address.

30(C) Dealer’s name, address, number, and signature, or signature
31of authorized agent.

32(D) Salesperson number.

33(4) If the department returns an application and the application
34was first received by the department within 30 days of the date of
35sale of the vehicle if the vehicle is a used vehicle, and within 20
36days if the vehicle is a new vehicle, the dealer or lessor-retailer
37shall submit a corrected application to the department within 50
38days from the date of sale of the vehicle if the vehicle is a used
39vehicle, and within 40 days if the vehicle is a new vehicle, or within
4030 days from the date that the application was first returned by the
P6    1department if the vehicle is a used vehicle, and within 20 days if
2the vehicle is a new vehicle, whichever is later.

3(5) If the department returns an application and the application
4was first received by the department more than 30 days from the
5date of sale of the vehicle if the vehicle is a used vehicle, and more
6than 20 days if the vehicle is a new vehicle, the dealer or
7lessor-retailer shall submit a corrected application to the department
8within 50 days from the date of sale of the vehicle if the vehicle
9is a used vehicle, and within 40 days if the vehicle is a new vehicle.

10(6) An application first received by the department more than
1150 days from the date of sale of the vehicle if the vehicle is a used
12vehicle, and more than 40 days if the vehicle is a new vehicle, is
13subject to the penalties specified in subdivisions (a) and (b) of
14Section 4456.1.

15(7) The dealer or lessor-retailer shall report the sale pursuant to
16Section 5901.

17(8) If the vehicle does not display license plates previously
18issued by the department, the dealer or lessor-retailer shall attach
19the temporary license plates issued by the reporting system.

20(b) (1) A transfer that takes place through a dealer conducting
21a wholesale vehicle auction shall be reported to the department
22electronically in a manner approved by the department. The report
23shall contain, at a minimum, all of the following information:

24(A) The name and address of the seller.

25(B) The seller’s dealer number, if applicable.

26(C) The date of delivery to the dealer conducting the auction.

27(D) The actual mileage of the vehicle as indicated by the
28vehicle’s odometer at the time of delivery to the dealer conducting
29the auction.

30(E) The name, address, and occupational license number of the
31dealer conducting the auction.

32(F) The name, address, and occupational license number of the
33buyer.

34(G) The signature of the dealer conducting the auction.

35(2) Submission of the electronic report specified in paragraph
36(1) to the department shall fully satisfy the requirements of
37subdivision (a) and subdivision (a) of Section 5901 with respect
38to the dealer selling at auction and the dealer conducting the
39auction.

P7    1(3) The electronic report required by this subdivision does not
2relieve a dealer of any obligation or responsibility that is required
3by any other law.

4(c) A vehicle displaying a report-of-sale form or temporary
5license plate issued pursuant to paragraph (8) of subdivision (a)
6may be operated without license plates until either of the following,
7whichever occurs first:

8(1) The license plates and registration card are received by the
9purchaser.

10(2) A 90-day period, commencing with the date of sale of the
11vehicle, has expired.

12(d) This section shall become operative January 1, 2018.

13

SEC. 3.  

Section 4456.2 is added to the Vehicle Code, to read:

14

4456.2.  

(a) The department shall develop a system for dealers
15and lessor-retailers to electronically report the sale of a vehicle
16before the vehicle is delivered to the purchaser. At minimum, the
17system shall conform with the following conditions:

18(1) The system shall provide a licensed dealer with the forms
19for use as prescribed in subdivision (a) of Section 4456.

20(2) For a vehicle that does not already display license plates,
21the system shall also produce a temporary license plate to be used
22and displayed in lieu of license plates, pursuant to subdivision (c)
23of Section 4456. The temporary license plate shall display the
24report-of-sale number, expiration date, and any other information
25 deemed necessary by the department.

26(3) The dealer reporting system shall assign each transaction a
27unique report-of-sale number that will be displayed on the
28report-of-sale forms and any temporary license plate.

29(4) The system shall record the vehicle identification number,
30vehicle year, model, and make, name of dealer or lessor-retailer,
31purchaser name, and any other information deemed necessary by
32the department.

33(b) Access to the dealer reporting system shall be restricted to
34authorized users of the department’s vehicle registration and
35occupational licensing databases.

36(c) The department shall make the dealer reporting system
37operational for use no later than January 1, 2018.

38begin insert

begin insertSEC. 4.end insert  

end insert

begin insertSection 4456.5 of the end insertbegin insertVehicle Codeend insertbegin insert is amended to read:end insert

39

4456.5.  

(a) A dealer may charge the purchaser or lessee of a
40vehicle the following charges:

P8    1(1) A document processing charge for the preparation and
2processing of documents, disclosures, and titling, registration, and
3information security obligations imposed by state and federal law.
4The dealer document processing charge shall not be represented
5as a governmental fee.

6(A) If a dealer has a contractual agreement with the department
7to be a private industry partner pursuant to Section 1685, the
8document processing charge shall not exceed eighty dollars ($80).

9(B) If a dealer does not have a contractual agreement with the
10department to be a private industry partner pursuant to Section
111685, the document processing charge shall not exceed sixty-five
12dollars ($65).

13(2) An electronic filing charge, not to exceed the actual amount
14the dealer is charged by a first-line service provider for providing
15license plate processing, postage, and the fees and services
16authorized pursuant to subdivisions (a) and (d) of Section 1685.
17The director may establish, through the adoption of regulations,
18the maximum amount that a first-line service provider may charge
19a dealer. The electronic filing charge shall not be represented as a
20governmental fee.

21(b) As used in this section, the term “first-line service provider”
22shall have the same meaning as defined in subdivision (b) of
23Section 1685.

begin delete

24(c) This section shall become operative on July 1, 2012.

end delete
begin insert

25(c) This section shall remain in effect only until January 1, 2018,
26and as of that date is repealed, unless a later enacted statute, that
27is enacted before January 1, 2018, deletes or extends that date.

end insert
28begin insert

begin insertSEC. 5.end insert  

end insert

begin insertSection 4456.5 is added to the end insertbegin insertVehicle Codeend insertbegin insert, to read:end insert

begin insert
29

begin insert4456.5.end insert  

(a) A dealer may charge the purchaser or lessee of a
30vehicle the following charges:

31(1) A document processing charge for the preparation and
32processing of documents, disclosures, and titling, registration,
33and information security obligations imposed by state and federal
34law. The dealer document processing charge shall not be
35represented as a governmental fee.

36(A) If a dealer has a contractual agreement with the department
37to be a private industry partner pursuant to Section 1685, the
38document processing charge shall not exceed ninety dollars ($90).

39(B) If a dealer does not have a contractual agreement with the
40department to be a private industry partner pursuant to Section
P9    11685, the document processing charge shall not exceed seventy-five
2dollars ($75).

3(2) An electronic filing charge, not to exceed the actual amount
4the dealer is charged by a first-line service provider for providing
5license plate processing, postage, and the fees and services
6authorized pursuant to subdivisions (a) and (d) of Section 1685.
7The director may establish, through the adoption of regulations,
8the maximum amount that a first-line service provider may charge
9a dealer. The electronic filing charge shall not be represented as
10a governmental fee.

11(b) As used in this section, the term “first-line service provider”
12shall have the same meaning as defined in subdivision (b) of
13Section 1685.

14(c) This section shall become operative on January 1, 2018.

end insert
15

begin deleteSEC. 4.end delete
16begin insertSEC. 6.end insert  

Section 4462 of the Vehicle Code is amended to read:

17

4462.  

(a) The driver of a motor vehicle shall present the
18registration or identification card or other evidence of registration
19of any or all vehicles under his or her immediate control for
20examination upon demand of any peace officer.

21(b) A person shall not display upon a vehicle, nor present to any
22peace officer, any registration card, identification card, temporary
23receipt, license plate, device issued pursuant to Section 4853, or
24permit not issued for that vehicle or not otherwise lawfully used
25thereon under this code.

26(c) This section shall remain in effect only until January 1, 2018,
27and as of that date is repealed, unless a later enacted statute, that
28is enacted before January 1, 2018, deletes or extends that date.

29

begin deleteSEC. 5.end delete
30begin insertSEC. 7.end insert  

Section 4462 is added to the Vehicle Code, to read:

31

4462.  

(a) The driver of a motor vehicle shall present the
32registration or identification card or other evidence of registration
33of any or all vehicles under his or her immediate control for
34examination upon demand of any peace officer.

35(b) A person shall not display upon a vehicle, nor present to any
36peace officer, any registration card, identification card, temporary
37receipt, license plate, temporary license plate, device issued
38pursuant to Section 4853, or permit not issued for that vehicle or
39not otherwise lawfully used thereon under this code.

40(c) This section shall become operative January 1, 2018.

P10   1

begin deleteSEC. 6.end delete
2begin insertSEC. 8.end insert  

Section 4463 of the Vehicle Code is amended to read:

3

4463.  

(a) A person who, with intent to prejudice, damage, or
4defraud, commits any of the following acts is guilty of a felony
5and upon conviction thereof shall be punished by imprisonment
6pursuant to subdivision (h) of Section 1170 of the Penal Code for
716begin delete monthsend deletebegin insert months,end insert or two or three years, or by imprisonment in a
8county jail for not more than one year:

9(1) Alters, forges, counterfeits, or falsifies a certificate of
10ownership, registration card, certificate, license, license plate,
11device issued pursuant to Section 4853, special plate, or permit
12provided for by this code or a comparable certificate of ownership,
13registration card, certificate, license, license plate, device
14comparable to that issued pursuant to Section 4853, special plate,
15or permit provided for by a foreign jurisdiction, or alters, forges,
16counterfeits, or falsifies the document, device, or plate with intent
17to represent it as issued by the department, or alters, forges,
18counterfeits, or falsifies with fraudulent intent an endorsement of
19transfer on a certificate of ownership or other document evidencing
20ownership, or with fraudulent intent displays or causes or permits
21to be displayed or have in his or her possession a blank, incomplete,
22canceled, suspended, revoked, altered, forged, counterfeit, or false
23certificate of ownership, registration card, certificate, license,
24license plate, device issued pursuant to Section 4853, special plate,
25or permit.

26(2) Utters, publishes, passes, or attempts to pass, as true and
27genuine, a false, altered, forged, or counterfeited matter listed in
28paragraph (1) knowing it to be false, altered, forged, or
29counterfeited.

30(b) A person who, with intent to prejudice, damage, or defraud,
31commits any of the following acts is guilty of a misdemeanor, and
32upon conviction thereof shall be punished by imprisonment in a
33county jail for six months, a fine of not less than five hundred
34dollars ($500) and not more than one thousand dollars ($1,000),
35or both that fine and imprisonment, which penalty shall not be
36suspended:

37(1) Forges, counterfeits, or falsifies a disabled person placard
38or a comparable placard relating to parking privileges for disabled
39persons provided for by a foreign jurisdiction, or forges,
P11   1counterfeits, or falsifies a disabled person placard with intent to
2represent it as issued by the department.

3(2) Passes, or attempts to pass, as true and genuine, a false,
4forged, or counterfeit disabled person placard knowing it to be
5false, forged, or counterfeited.

6(3) Acquires, possesses, sells, or offers for sale a genuine or
7counterfeit disabled person placard.

8(c) A person who, with fraudulent intent, displays or causes or
9permits to be displayed a forged, counterfeit, or false disabled
10person placard, is subject to the issuance of a notice of parking
11violation imposing a civil penalty of not less than two hundred
12fifty dollars ($250) and not more than one thousand dollars
13($1,000), for which enforcement shall be governed by the
14procedures set forth in Article 3 (commencing with Section 40200)
15of Chapter 1 of Division 17 or is guilty of a misdemeanor
16punishable by imprisonment in a county jail for six months, a fine
17of not less than two hundred fifty dollars ($250) and not more than
18one thousand dollars ($1,000), or both that fine and imprisonment,
19which penalty shall not be suspended.

20(d) For purposes of subdivision (b) or (c), “disabled person
21placard” means a placard issued pursuant to Section 22511.55 or
2222511.59.

23(e) A person who, with intent to prejudice, damage, or defraud,
24commits any of the following acts is guilty of an infraction, and
25upon conviction thereof shall be punished by a fine of not less than
26one hundred dollars ($100) and not more than two hundred fifty
27dollars ($250) for a first offense, not less than two hundred fifty
28dollars ($250) and not more than five hundred dollars ($500) for
29a second offense, and not less than five hundred dollars ($500)
30and not more than one thousand dollars ($1,000) for a third or
31subsequent offense, which penalty shall not be suspended:

32(1) Forges, counterfeits, or falsifies a Clean Air Sticker or a
33comparable clean air sticker relating tobegin delete high occupancyend delete
34begin insert high-occupancyend insert vehicle lane privileges provided for by a foreign
35jurisdiction, or forges, counterfeits, or falsifies a Clean Air Sticker
36with intent to represent it as issued by the department.

37(2) Passes, or attempts to pass, as true and genuine, a false,
38forged, or counterfeit Clean Air Sticker knowing it to be false,
39forged, or counterfeited.

P12   1(3) Acquires, possesses, sells, or offers for sale a counterfeit
2Clean Air Sticker.

3(4) Acquires, possesses, sells, or offers for sale a genuine Clean
4Air Sticker separate from the vehicle for which the department
5issued that sticker.

6(f) As used in this section, “Clean Air Sticker” means a label
7or decal issued pursuant to Sections 5205.5 and 21655.9.

8(g) This section shall remain in effect only until January 1, 2018,
9and as of that date is repealed, unless a later enacted statute, that
10is enacted before January 1, 2018, deletes or extends that date.

11

begin deleteSEC. 7.end delete
12begin insertSEC. 9.end insert  

Section 4463 is added to the Vehicle Code, to read:

13

4463.  

(a) A person who, with intent to prejudice, damage, or
14defraud, commits any of the following acts is guilty of a felony
15and upon conviction thereof shall be punished by imprisonment
16pursuant to subdivision (h) of Section 1170 of the Penal Code for
1716begin delete monthsend deletebegin insert months,end insert or two or three years, or by imprisonment in a
18county jail for not more than one year:

19(1) Alters, forges, counterfeits, or falsifies a certificate of
20ownership, registration card, certificate, license, license plate,
21temporary license plate, device issued pursuant to Section 4853,
22special plate, or permit provided for by this code or a comparable
23certificate of ownership, registration card, certificate, license,
24license plate, temporary license plate, device comparable to that
25issued pursuant to Section 4853, special plate, or permit provided
26for by a foreign jurisdiction, or alters, forges, counterfeits, or
27falsifies the document, device, or plate with intent to represent it
28as issued by the department, or alters, forges, counterfeits, or
29falsifies with fraudulent intent an endorsement of transfer on a
30certificate of ownership or other document evidencing ownership,
31or with fraudulent intent displays or causes or permits to be
32displayed or have in his or her possession a blank, incomplete,
33canceled, suspended, revoked, altered, forged, counterfeit, or false
34certificate of ownership, registration card, certificate, license,
35license plate, temporary license plate, device issued pursuant to
36Section 4853, special plate, or permit.

37(2) Utters, publishes, passes, or attempts to pass, as true and
38genuine, a false, altered, forged, or counterfeited matter listed in
39paragraph (1) knowing it to be false, altered, forged, or
40counterfeited.

P13   1(b) A person who, with intent to prejudice, damage, or defraud,
2commits any of the following acts is guilty of a misdemeanor, and
3upon conviction thereof shall be punished by imprisonment in a
4county jail for six months, a fine of not less than five hundred
5dollars ($500) and not more than one thousand dollars ($1,000),
6or both that fine and imprisonment, which penalty shall not be
7suspended:

8(1) Forges, counterfeits, or falsifies a disabled person placard
9or a comparable placard relating to parking privileges for disabled
10persons provided for by a foreign jurisdiction, or forges,
11counterfeits, or falsifies a disabled person placard with intent to
12represent it as issued by the department.

13(2) Passes, or attempts to pass, as true and genuine, a false,
14forged, or counterfeit disabled person placard knowing it to be
15false, forged, or counterfeited.

16(3) Acquires, possesses, sells, or offers for sale a genuine or
17counterfeit disabled person placard.

18(c) A person who, with fraudulent intent, displays or causes or
19permits to be displayed a forged, counterfeit, or false disabled
20person placard, is subject to the issuance of a notice of parking
21violation imposing a civil penalty of not less than two hundred
22fifty dollars ($250) and not more than one thousand dollars
23($1,000), for which enforcement shall be governed by the
24procedures set forth in Article 3 (commencing with Section 40200)
25of Chapter 1 of Division 17, or is guilty of a misdemeanor
26punishable by imprisonment in a county jail for six months, a fine
27of not less than two hundred fifty dollars ($250) and not more than
28one thousand dollars ($1,000), or both that fine and imprisonment,
29which penalty shall not be suspended.

30(d) For purposes of subdivision (b) or (c), “disabled person
31placard” means a placard issued pursuant to Section 22511.55 or
3222511.59.

33(e) A person who, with intent to prejudice, damage, or defraud,
34commits any of the following acts is guilty of an infraction, and
35upon conviction thereof shall be punished by a fine of not less than
36one hundred dollars ($100) and not more than two hundred fifty
37dollars ($250) for a first offense, not less than two hundred fifty
38dollars ($250) and not more than five hundred dollars ($500) for
39a second offense, and not less than five hundred dollars ($500)
P14   1and not more than one thousand dollars ($1,000) for a third or
2subsequent offense, which penalty shall not be suspended:

3(1) Forges, counterfeits, or falsifies a Clean Air Sticker or a
4comparable clean air sticker relating to high-occupancy vehicle
5lane privileges provided for by a foreign jurisdiction, or forges,
6counterfeits, or falsifies a Clean Air Sticker with intent to represent
7it as issued by the department.

8(2) Passes, or attempts to pass, as true and genuine, a false,
9forged, or counterfeit Clean Air Sticker knowing it to be false,
10forged, or counterfeited.

11(3) Acquires, possesses, sells, or offers for sale a counterfeit
12Clean Air Sticker.

13(4) Acquires, possesses, sells, or offers for sale a genuine Clean
14Air Sticker separate from the vehicle for which the department
15issued that sticker.

16(f) As used in this section, “Clean Air Sticker” means a label
17or decal issued pursuant to Sections 5205.5 and 21655.9.

18(g) This section shall become operative January 1, 2018.

19

begin deleteSEC. 8.end delete
20begin insertSEC. 10.end insert  

Section 4763 of the Vehicle Code is amended to read:

21

4763.  

(a) The department shall assess a fee for the recording
22of the notice of delinquent parking violation, which is given to the
23department by a processing agency pursuant to Section 40220, in
24an amount, as determined by the department, that is sufficient to
25provide a total amount equal to its actual costs of administering
26Sections 4760, 4761, 4762, 4764, and 4765.

27(b) This section shall remain in effect only until January 1, 2017,
28and as of that date is repealed, unless a later enacted statute, that
29is enacted before January 1, 2017, deletes or extends that date.

30

begin deleteSEC. 9.end delete
31begin insertSEC. 11.end insert  

Section 4763 is added to the Vehicle Code, to read:

32

4763.  

(a) The department shall assess a fee for the recording
33of the notice of delinquent parking violation, which is given to the
34department by a processing agency pursuant to Section 40220, in
35an amount, as determined by the department, that is sufficient to
36provide a total amount equal to its actual costs of administering
37Sections 4760, 4761, 4762, 4764, and 4765, and administering the
38system described in Section 4456.2.

39(b) This section shall become operative January 1, 2017.

P15   1

begin deleteSEC. 10.end delete
2begin insertSEC. 12.end insert  

Section 4773 of the Vehicle Code is amended to read:

3

4773.  

(a) The department shall assess a fee for the recording
4of the notice of delinquent toll evasion violation, which is given
5to the department by a processing agency pursuant to Section
640267, in an amount, as determined by the department, that is
7sufficient to provide a total amount equal to at least its actual costs
8of administering Sections 4770, 4771, 4774, and 4775.

9(b) This section shall remain in effect only until January 1, 2017,
10and as of that date is repealed, unless a later enacted statute, that
11is enacted before January 1, 2017, deletes or extends that date.

12

begin deleteSEC. 11.end delete
13begin insertSEC. 13.end insert  

Section 4773 is added to the Vehicle Code, to read:

14

4773.  

(a) The department shall assess a fee for the recording
15of the notice of delinquent toll evasion violation, which is given
16to the department by a processing agency pursuant to Section
1740267, in an amount, as determined by the department, that is
18sufficient to provide a total amount equal to at least its actual costs
19of administering Sections 4770, 4771, 4774, and 4775, and
20administering the system described in Section 4456.2.

21(b) This section shall become operative January 1, 2017.

22

begin deleteSEC. 12.end delete
23begin insertSEC. 14.end insert  

Section 5201 of the Vehicle Code is amended to read:

24

5201.  

(a) License plates shall at all times be securely fastened
25to the vehicle for which they are issued so as to prevent the plates
26from swinging, shall be mounted in a position so as to be clearly
27visible, and so that the characters are upright and display from left
28to right, and shall be maintained in a condition so as to be clearly
29legible. The rear license plate shall be mounted not less than 12
30inches nor more than 60 inches from the ground, and the front
31license plate shall be mounted not more than 60 inches from the
32ground, except as follows:

33(1) The rear license plate on a tow truck or repossessor’s tow
34vehicle may be mounted on the left-hand side of the mast assembly
35at the rear of the cab of the vehicle, not less than 12 inches nor
36more than 90 inches from the ground.

37(2) The rear license plate on a tank vehicle hauling hazardous
38waste, as defined in Section 25117 of the Health and Safety Code,
39or asphalt material may be mounted not less than 12 inches nor
40more than 90 inches from the ground.

P16   1(3) The rear license plate on a truck tractor may be mounted at
2the rear of the cab of the vehicle, but not less than 12 inches nor
3more than 90 inches from the ground.

4(4) The rear license plate of a vehicle designed by the
5manufacturer for the collection and transportation of garbage,
6rubbish, or refuse that is used regularly for the collection and
7transportation of that material by a person or governmental entity
8employed to collect, transport, and dispose of garbage, rubbish,
9or refuse may be mounted not less than 12 inches nor more than
1090 inches from the ground.

11(5) The rear license plate on a two-axle livestock trailer may be
12mounted 12 inches or more, but not more than 90 inches, from the
13ground.

14(6) (A) The rear license plate on a dump bed motortruck
15equipped with a trailing, load bearing swing axle shall be mounted
16more than 12 inches, but not more than 107 inches, from the
17ground.

18(B) As used in this section, a trailing, load bearing swing axle
19is an axle which can be moved from a raised position to a position
20behind the vehicle that allows for the transfer of a portion of the
21weight of the vehicle and load to the trailing axle.

22(b) A covering shall not be used on license plates except as
23follows:

24(1) The installation of a cover over a lawfully parked vehicle
25to protect it from the weather and the elements does not constitute
26a violation of this subdivision. A peace officer or other regularly
27salaried employee of a public agency designated to enforce laws,
28including local ordinances, relating to the parking of vehicles may
29temporarily remove so much of the cover as is necessary to inspect
30any license plate, tab, or indicia of registration on a vehicle.

31(2) The installation of a license plate security cover is not a
32violation of this subdivision if the device does not obstruct or
33impair the recognition of the license plate information, including,
34but not limited to, the issuing state, license plate number, and
35registration tabs, and the cover is limited to the area directly over
36the top of the registration tabs. No portion of a license plate security
37cover shall rest over the license plate number.

38(c) A casing, shield, frame, border, product, or other device that
39obstructs or impairs the reading or recognition of a license plate
40by an electronic device operated by state or local law enforcement,
P17   1an electronic device operated in connection with a toll road,
2high-occupancy toll lane, toll bridge, or other toll facility, or a
3remote emission sensing device, as specified in Sections 44081
4and 44081.6 of the Health and Safety Code, shall not be installed
5on, or affixed to, a vehicle.

6(d) (1) It is the intent of the Legislature that an accommodation
7be made to persons with disabilities and to those persons who
8regularly transport persons with disabilities, to allow the removal
9and relocation of wheelchair lifts and wheelchair carriers without
10the necessity of removing and reattaching the vehicle’s rear license
11plate. Therefore, it is not a violation of this section if the reading
12or recognition of a rear license plate is obstructed or impaired by
13a wheelchair lift or wheelchair carrier and all of the following
14requirements are met:

15(A) The owner of the vehicle has been issued a special
16identification license plate pursuant to Section 5007, or the person
17using the wheelchair that is carried on the vehicle has been issued
18a distinguishing placard under Section 22511.55.

19(B) (i) The operator of the vehicle displays a decal, designed
20and issued by the department, that contains the license plate number
21assigned to the vehicle transporting the wheelchair.

22(ii) The decal is displayed on the rear window of the vehicle,
23in a location determined by the department, in consultation with
24the Department of the California Highway Patrol, so as to be clearly
25visible to law enforcement.

26(2) Notwithstanding any other law, if a decal is displayed
27pursuant to this subdivision, the requirements of this code that
28require the illumination of the license plate and the license plate
29number do not apply.

30(3) The department shall adopt regulations governing the
31procedures for accepting and approving applications for decals,
32and issuing decals, authorized by this subdivision.

33(4) This subdivision does not apply to a front license plate.

34(e) This section shall remain in effect only until January 1, 2018,
35and as of that date is repealed, unless a later enacted statute, that
36is enacted before January 1, 2018, deletes or extends that date.

37

begin deleteSEC. 13.end delete
38begin insertSEC. 15.end insert  

Section 5201 is added to the Vehicle Code, to read:

39

5201.  

(a) License plates, including temporary license plates,
40shall at all times be securely fastened to the vehicle for which they
P18   1are issued so as to prevent the plates from swinging, shall be
2mounted in a position so as to be clearly visible, and so that the
3characters are upright and display from left to right, and shall be
4maintained in a condition so as to be clearly legible. The rear
5license plate shall be mounted not less than 12 inches nor more
6than 60 inches from the ground, and the front license plate shall
7be mounted not more than 60 inches from the ground, except as
8follows:

9(1) The rear license plate on a tow truck or repossessor’s tow
10vehicle may be mounted on the left-hand side of the mast assembly
11at the rear of the cab of the vehicle, not less than 12 inches nor
12more than 90 inches from the ground.

13(2) The rear license plate on a tank vehicle hauling hazardous
14waste, as defined in Section 25117 of the Health and Safety Code,
15or asphalt material may be mounted not less than 12 inches nor
16more than 90 inches from the ground.

17(3) The rear license plate on a truck tractor may be mounted at
18the rear of the cab of the vehicle, but not less than 12 inches nor
19more than 90 inches from the ground.

20(4) The rear license plate of a vehicle designed by the
21manufacturer for the collection and transportation of garbage,
22rubbish, or refuse that is used regularly for the collection and
23transportation of that material by a person or governmental entity
24employed to collect, transport, and dispose of garbage, rubbish,
25or refuse may be mounted not less than 12 inches nor more than
2690 inches from the ground.

27(5) The rear license plate on a two-axle livestock trailer may be
28mounted 12 inches or more, but not more than 90 inches, from the
29ground.

30(6) (A) The rear license plate on a dump bed motortruck
31equipped with a trailing, load bearing swing axle shall be mounted
32more than 12 inches, but not more than 107 inches, from the
33ground.

34(B) As used in this section, a trailing, load bearing swing axle
35is an axle which can be moved from a raised position to a position
36behind the vehicle that allows for the transfer of a portion of the
37weight of the vehicle and load to the trailing axle.

38(b) Temporary license plates shall be replaced with permanent
39license plates upon receipt of the permanent license plates, and
40the temporary license plates shall be destroyed at that time.

P19   1(c) A covering shall not be used on license plates except as
2follows:

3(1) The installation of a cover over a lawfully parked vehicle
4to protect it from the weather and the elements does not constitute
5a violation of this subdivision. A peace officer or other regularly
6salaried employee of a public agency designated to enforce laws,
7including local ordinances, relating to the parking of vehicles may
8temporarily remove so much of the cover as is necessary to inspect
9any license plate, tab, or indicia of registration on a vehicle.

10(2) The installation of a license plate security cover is not a
11violation of this subdivision if the device does not obstruct or
12impair the recognition of the license plate information, including,
13but not limited to, the issuing state, license plate number, and
14registration tabs, and the cover is limited to the area directly over
15the top of the registration tabs. No portion of a license plate security
16cover shall rest over the license plate number.

17(d) A casing, shield, frame, border, product, or other device that
18obstructs or impairs the reading or recognition of a license plate
19by an electronic device operated by state or local law enforcement,
20an electronic device operated in connection with a toll road,
21high-occupancy toll lane, toll bridge, or other toll facility, or a
22remote emission sensing device, as specified in Sections 44081
23and 44081.6 of the Health and Safety Code, shall not be installed
24on, or affixed to, a vehicle.

25(e) (1) It is the intent of the Legislature that an accommodation
26be made to persons with disabilities and to those persons who
27regularly transport persons with disabilities, to allow the removal
28and relocation of wheelchair lifts and wheelchair carriers without
29the necessity of removing and reattaching the vehicle’s rear license
30plate. Therefore, it is not a violation of this section if the reading
31or recognition of a rear license plate is obstructed or impaired by
32a wheelchair lift or wheelchair carrier and all of the following
33requirements are met:

34(A) The owner of the vehicle has been issued a special
35identification license plate pursuant to Section 5007, or the person
36using the wheelchair that is carried on the vehicle has been issued
37a distinguishing placard under Section 22511.55.

38(B) (i) The operator of the vehicle displays a decal, designed
39and issued by the department, that contains the license plate number
40assigned to the vehicle transporting the wheelchair.

P20   1(ii) The decal is displayed on the rear window of the vehicle,
2in a location determined by the department, in consultation with
3the Department of the California Highway Patrol, so as to be clearly
4visible to law enforcement.

5(2) Notwithstanding any other law, if a decal is displayed
6pursuant to this subdivision, the requirements of this code that
7require the illumination of the license plate and the license plate
8number do not apply.

9(3) The department shall adopt regulations governing the
10procedures for accepting and approving applications for decals,
11and issuing decals, authorized by this subdivision.

12(4) This subdivision does not apply to a front license plate.

13(f) This section shall become operative January 1, 2018.

14

begin deleteSEC. 14.end delete
15begin insertSEC. 16.end insert  

Section 5202 of the Vehicle Code is amended to read:

16

5202.  

(a) A license plate issued by this state or any other
17jurisdiction within or without the United States shall be attached
18upon receipt and remain attached during the period of its validity
19to the vehicle for which it is issued while being operated within
20this state or during the time the vehicle is being held for sale in
21this state, or until the time that a vehicle with special or
22identification plates is no longer entitled to those plates; and a
23person shall not operate, and an owner shall not knowingly permit
24to be operated, upon any highway, a vehicle unless the license
25plate is so attached. A special permit issued in lieu of plates shall
26be attached and displayed on the vehicle for which the permit was
27issued during the period of the permit’sbegin delete validity..end deletebegin insert validity.end insert

28(b) This section shall remain in effect only until January 1, 2018,
29and as of that date is repealed, unless a later enacted statute, that
30is enacted before January 1, 2018, deletes or extends that date.

31

begin deleteSEC. 15.end delete
32begin insertSEC. 17.end insert  

Section 5202 is added to the Vehicle Code, to read:

33

5202.  

(a) A license plate issued by this state or any other
34jurisdiction within or without the United States shall be attached
35upon receipt and remain attached during the period of its validity
36to the vehicle for which it is issued while being operated within
37this state or during the time the vehicle is being held for sale in
38this state, or until the time that a vehicle with special or
39identification plates is no longer entitled to those plates; and a
40person shall not operate, and an owner shall not knowingly permit
P21   1to be operated, upon any highway, a vehicle unless the license
2plate is so attached. A special permit or temporary license plate
3issued in lieu of permanent license plates shall be attached and
4displayed on the vehicle for which the permit or temporary license
5plate was issued until the temporary license plate or the special
6 permit expires, or the permanent license plates are received,
7whichever occurs first.

8(b) This section shall become operative January 1, 2018.

9

begin deleteSEC. 16.end delete
10begin insertSEC. 18.end insert  

Section 5901 of the Vehicle Code is amended to read:

11

5901.  

(a) Every dealer or lessor-retailer, upon transferring by
12sale, lease, or otherwise any vehicle, whether new or used, of a
13type subject to registration under this code, shall, not later than
14the end of the fifth calendar day thereafter not counting the day of
15sale, give written notice of the transfer to the department at its
16headquarters upon an appropriate form provided by it.

17(b) Except as otherwise provided in this subdivision or in
18subdivision (c), the dealer or lessor-retailer shall enter on the form
19and pursuant to Section 32705(a) of Title 49 of the United States
20Code, on the ownership certificate, the actual mileage of the vehicle
21as indicated by the vehicle’s odometer at the time of the transfer.
22However, if the vehicle dealer or lessor-retailer has knowledge
23that the mileage displayed on the odometer is incorrect, the licensee
24shall indicate on the form on which the mileage is entered that the
25mileage registered by the odometer is incorrect. A vehicle dealer
26or lessor-retailer need not give the notice when selling or
27transferring a new unregistered vehicle to a dealer or lessor-retailer.

28(c) When the dealer or lessor-retailer is not in possession of the
29vehicle that is sold or transferred, the person in physical possession
30of the vehicle shall give the information required by subdivision
31(b).

32(d) A sale is deemed completed and consummated when the
33purchaser of the vehicle has paid the purchase price, or, in lieu
34thereof, has signed a purchase contract or security agreement, and
35has taken physical possession or delivery of the vehicle.

36(e) This section shall remain in effect only until January 1, 2018,
37and as of that date is repealed, unless a later enacted statute, that
38is enacted before January 1, 2018, deletes or extends that date.

39

begin deleteSEC. 17.end delete
40begin insertSEC. 19.end insert  

Section 5901 is added to the Vehicle Code, to read:

P22   1

5901.  

(a) Every dealer or lessor-retailer, upon transferring by
2sale, lease, or otherwise any vehicle, whether new or used, of a
3type subject to registration under this code, shall, not later than
4the end of the fifth calendar day thereafter not counting the day of
5sale, give notice of the transfer to the department electronically in
6a manner approved by the department.

7(b) Except as otherwise provided in this subdivision or in
8subdivision (c), the dealer or lessor-retailer shall enter on the form
9and pursuant to Section 32705(a) of Title 49 of the United States
10Code, on the ownership certificate, the actual mileage of the vehicle
11as indicated by the vehicle’s odometer at the time of the transfer.
12However, if the vehicle dealer or lessor-retailer has knowledge
13that the mileage displayed on the odometer is incorrect, the licensee
14shall indicate on the form on which the mileage is entered that the
15mileage registered by the odometer is incorrect. A vehicle dealer
16or lessor-retailer need not give the notice when selling or
17transferring a new unregistered vehicle to a dealer or lessor-retailer.

18(c) When the dealer or lessor-retailer is not in possession of the
19vehicle that is sold or transferred, the person in physical possession
20of the vehicle shall give the information required by subdivision
21(b).

22(d) A sale is deemed completed and consummated when the
23purchaser of the vehicle has paid the purchase price, or, in lieu
24thereof, has signed a purchase contract or security agreement, and
25has taken physical possession or delivery of the vehicle.

26(e) This section shall become operative January 1, 2018.

27

begin deleteSEC. 18.end delete
28begin insertSEC. 20.end insert  

Section 6100 of the Vehicle Code is amended to read:

29

6100.  

(a) A dealer who conducts a wholesale motor vehicle
30auction and who uses the form prescribed in subdivision (b) of
31Section 4456 shall include the phrase “SOLD THROUGH [name
32of dealer conducting the auction]” and the date of the auction on
33the certificate of title of every vehicle sold, in a manner prescribed
34by the department.

35(b) This section shall remain in effect only until January 1, 2018,
36and as of that date is repealed, unless a later enacted statute, that
37is enacted before January 1, 2018, deletes or extends that date.

38

begin deleteSEC. 19.end delete
39begin insertSEC. 21.end insert  

Section 6100 is added to the Vehicle Code, to read:

P23   1

6100.  

(a) A dealer who conducts a wholesale motor vehicle
2auction and reports the sale of the vehicle in the manner prescribed
3in subdivision (b) of Section 4456 shall include the phrase “SOLD
4THROUGH [name of dealer conducting the auction]” and the date
5of the auction on the certificate of title of every vehicle sold, in a
6manner prescribed by the department.

7(b) This section shall become operative January 1, 2018.

8

begin deleteSEC. 20.end delete
9begin insertSEC. 22.end insert  

Section 11714 of the Vehicle Code is amended to
10read:

11

11714.  

(a) The department, upon granting a license, shall issue
12to the applicant a license containing the applicant’s name and
13address and the general distinguishing number assigned to the
14applicant.

15(b) A dealer shall not sell any vehicle at retail at a location that
16is not posted pursuant to Section 11709.

17(c) A dealer who is authorized by the department to sell motor
18vehicles only at wholesale shall not sell any vehicle at retail and
19shall report every sale to the department on the wholesale report
20of sale form prescribed by the department.

21(d) When the department has issued a license pursuant to
22 subdivision (a), the licensee may apply for and the department
23shall issue special plates which shall have displayed thereon the
24general distinguishing number assigned to the applicant. Each plate
25so issued shall also contain a number or symbol identifying the
26plate from every other plate bearing a like general distinguishing
27number.

28(e) The department shall also furnish books and forms as it may
29determine necessary. Those books and forms are and shall remain
30the property of the department and may be taken up at any time
31for inspection.

32(f) This section shall remain in effect only until January 1, 2018,
33and as of that date is repealed, unless a later enacted statute, that
34is enacted before January 1, 2018, deletes or extends that date.

35

begin deleteSEC. 21.end delete
36begin insertSEC. 23.end insert  

Section 11714 is added to the Vehicle Code, to read:

37

11714.  

(a) The department, upon granting a license, shall issue
38to the applicant a license containing the applicant’s name and
39address and the general distinguishing number assigned to the
40applicant.

P24   1(b) A dealer shall not sell any vehicle at retail at a location that
2is not posted pursuant to Section 11709.

3(c) A dealer who is authorized by the department to sell motor
4vehicles only at wholesale shall not sell any vehicle at retail and
5shall report every sale to the department as prescribed in
6subdivision (b) of Section 4456.

7(d) When the department has issued a license pursuant to
8subdivision (a), the licensee may apply for and the department
9shall issue special plates which shall have displayed thereon the
10general distinguishing number assigned to the applicant. Each plate
11so issued shall also contain a number or symbol identifying the
12plate from every other plate bearing a like general distinguishing
13number.

14(e) The department shall also furnish books and forms as it may
15determine necessary. Those books and forms are and shall remain
16the property of the department and may be taken up at any time
17for inspection.

18(f) This section shall become operative January 1, 2018.

19

begin deleteSEC. 22.end delete
20begin insertSEC. 24.end insert  

Section 38080 of the Vehicle Code is amended to
21read:

22

38080.  

(a) The department may authorize, under Section 4456,
23dealers licensed under Article 1 (commencing with Section 11700)
24of Chapter 4 of Division 5 to use numbered copies of the
25report-of-sale form and corresponding temporary identification
26devices upon off-highway motor vehicles subject to identification
27that they sell.

28(b) Off-highway motor vehicles subject to identification that
29are purchased from dealers not required to be licensed under Article
301 (commencing with Section 11700) of Chapter 4 of Division 5,
31or that are specially constructed by the owner or owners, may be
32operated off-highway, as provided by this division, without an
33identification plate or device or identification certificate, provided
34a receipt or other suitable device issued by the department is
35displayed upon the vehicle evidencing an application has been
36made and appropriate fees paid pursuant to this division, until the
37identification plate or device and identification certificate are
38received from the department.

P25   1(c) This section shall remain in effect only until January 1, 2018,
2and as of that date is repealed, unless a later enacted statute, that
3is enacted before January 1, 2018, deletes or extends that date.

4

begin deleteSEC. 23.end delete
5begin insertSEC. 25.end insert  

Section 38080 is added to the Vehicle Code, to read:

6

38080.  

(a) The department may authorize, under Section 4456,
7dealers licensed under Article 1 (commencing with Section 11700)
8of Chapter 4 of Division 5 to use the process described in Section
94456 and corresponding temporary identification devices upon
10off-highway motor vehicles subject to identification that they sell.

11(b) Off-highway motor vehicles subject to identification that
12are purchased from dealers not required to be licensed under Article
131 (commencing with Section 11700) of Chapter 4 of Division 5,
14or that are specially constructed by the owner or owners, may be
15operated off-highway, as provided by this division, without an
16identification plate or device or identification certificate, provided
17a receipt or other suitable device issued by the department is
18displayed upon the vehicle evidencing an application has been
19made and appropriate fees paid pursuant to this division, until the
20identification plate or device and identification certificate are
21received from the department.

22(c) This section shall become operative January 1, 2018.

23

begin deleteSEC. 24.end delete
24begin insertSEC. 26.end insert  

No reimbursement is required by this act pursuant to
25Section 6 of Article XIII B of the California Constitution because
26the only costs that may be incurred by a local agency or school
27district will be incurred because this act creates a new crime or
28infraction, eliminates a crime or infraction, or changes the penalty
29for a crime or infraction, within the meaning of Section 17556 of
30the Government Code, or changes the definition of a crime within
31the meaning of Section 6 of Article XIII B of the California
32Constitution.



O

    96