Amended in Senate September 4, 2015

Amended in Senate August 31, 2015

Amended in Senate June 23, 2015

Amended in Assembly May 5, 2015

Amended in Assembly April 20, 2015

Amended in Assembly April 6, 2015

Amended in Assembly March 26, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 1461

Introduced by Assembly Members Gonzalez, Alejo, and McCarty

begin insert

(Principal coauthor: Senator Lara)

end insert

(Coauthors: Assembly Members Eduardo Garcia and Mullin)

February 27, 2015

An act to amend Sections 2100 and 2102 of, and to add Chapter 4.5 (commencing with Section 2260) to Division 2 of the Elections Code, relating to elections.

LEGISLATIVE COUNSEL’S DIGEST

AB 1461, as amended, Gonzalez. Voter registration: California New Motor Voter Program.

Existing law, the federal National Voter Registration Act of 1993, requires a state to, among other things, establish procedures to register a person to vote by application made simultaneously with an application for a new or renewal of a motor vehicle driver’s license. The federal act requires the motor vehicle driver’s license application to serve as an application for voter registration with respect to an election for federal office, unless the applicant fails to sign the application, and requires the application to be considered as updating the applicant’s previous voter registration, if any. The federal act defines “motor vehicle driver’s license” to include any personal identification document issued by a state motor vehicle authority.

Under existing state law, a person may not be registered to vote except by affidavit of registration. Existing law requires a properly executed affidavit of registration to be deemed effective upon receipt of the affidavit by the county elections official if the affidavit is submitted to the Department of Motor Vehicles on or before the 15th day before the election. Existing state law requires the Department of Motor Vehicles and the Secretary of State to develop a process and the infrastructure to allow a person who is qualified to register to vote in the state to register to vote online.

Existing law requires the Department of Motor Vehicles to issue driver’s licenses and state identification cards to applicants who meet specified criteria and provide the department with the required information. Existing law generally requires an applicant for an original driver’s license or state identification card to submit satisfactory proof to the department that the applicant’s presence in the United States is authorized under federal law.

This bill would require the Secretary of State and the Department of Motor Vehicles to establish the California New Motor Voter Program for the purpose of increasing opportunities for voter registration by any person who is qualified to be a voter. Under the program, after the Secretary of State certifies that begin delete the state has a statewide voter registration database that complies with the requirements of the federal Help America Vote Act, end delete begin insert certain enumerated conditions are satisfied, end insert the Department of Motor Vehicles would be required to electronically provide to the Secretary of State the records of each person begin delete who, on or after January 1, 2015, end delete begin insert who end insert is issued an original or renewal of a driver’s license or state identification card or who begin delete provided end delete begin insert provides end insert the department with a change of address, as specified. begin delete In turn, the Secretary of State would be required to notify the person that he or she will be registered to vote unless he or she declines to be registered within 21 days after the date that the Secretary of State issues the notice, and to provide other information to the person. If a person does not decline to be registered to vote within that time period, the end delete begin insert The end insert person’s motor vehicle records would begin insert then end insert constitute a completed affidavit of registration and the person would be registered to begin delete vote. end delete begin insert vote, unless the person affirmatively declined to be registered to vote during a transaction with the department, the department did not represent to the Secretary of State that the person attested that he or she meets all voter eligibility requirements, as specified, or the Secretary of State determines that the person is ineligible to vote. end insert The bill would require the Secretary of State to adopt regulations to implement this program, as specified.

begin insert

Under existing law, the willful, unauthorized disclosure of information from a Department of Motor Vehicles record to any person, or the use of any false representation to obtain information from a department record or any use of information obtained from any department record for a purpose other than the one stated in the request or the sale or other distribution of the information to a person or organization for purposes not disclosed in the request is a misdemeanor, punishable by a fine not exceeding $5,000 or by imprisonment in the county jail not exceeding one year, or both fine and imprisonment.

end insert begin insert end insert begin insert

This bill would provide that disclosure of information contained in the records obtained from the Department of Motor Vehicles pursuant to the California New Motor Voter Program is a misdemeanor, punishable by a fine not exceeding $5,000 or by imprisonment in the county jail not exceeding one year, or both fine and imprisonment. By creating a new crime, this bill would impose a state-mandated local program.

end insert begin insert

Existing law, the Information Practices Act of 1977, authorizes every state agency to maintain in its records only personal information that is relevant and necessary to accomplish a purpose of the agency, or is required or authorized by state or federal law. That act specifies the situations in which disclosure is permissible and also specifies the manner in which agencies must account for disclosures of personal information, including those due to security breaches, among other provisions.

end insert begin insert

This bill would require the Secretary of State to establish procedures to safeguard the confidentiality of information acquired from the Department of Motor Vehicles pursuant to the California New Motor Voter Program and would state that the provisions of the Information Practices Act of 1977 govern disclosures pursuant to the program.

end insert

Existing law makes it a crime for a person to willfully cause, procure, or allow himself or herself or any other person to be registered as a voter, knowing that he or she or that other person is not entitled to registration. begin insert Existing law also makes it a crime to fraudulently vote or attempt to vote. end insert

This bill would provide that if a person who is ineligible to vote becomes registered to vote by operation of the California New Motor Voter Program in the absence of a violation by that person of the crime described above, that person’s registration shall be presumed to have been effected with official authorization and not the fault of that person. begin insert The bill would also provide that if a person who is ineligible to vote becomes registered to vote by operation of this program, and that person votes or attempts to vote in an election held after the effective date of the person’s registration, that person shall be presumed to have acted with official authorization and is not guilty of fraudulently voting or attempting to vote, unless that person willfully votes or attempts to vote knowing that he or she is not entitled to vote. end insert

This bill would also make conforming changes.

This bill would incorporate additional changes to Section 2102 of the Elections Code, proposed by SB 589, that would become operative only if SB 589 and this bill are both chaptered and become effective on or before January 1, 2016, and this bill is chaptered last.

begin 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.

end insert begin insert

This bill would provide that no reimbursement is required by this act for a specified reason.

end insert

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program:  begin delete no end delete begin insert yes end insert .

The people of the State of California do enact as follows:

SECTION 1.  

Section 2100 of the Elections Code is amended
to read:

2100.  

A person shall not be registered except as provided in
this chapter or Chapter 4.5, except upon the production and filing
of a certified copy of a judgment of the superior court directing
registration to be made.

SEC. 2.  

Section 2102 of the Elections Code, as amended by
Section 6.5 of Chapter 909 of the Statutes of 2014, is amended to
read:

2102.  

(a) Except as provided in Chapter 4.5, a person shall
not be registered as a voter except by affidavit of registration. The
affidavit shall be mailed or delivered to the county elections official
and shall set forth all of the facts required to be shown by this
chapter. A properly executed registration shall be deemed effective
upon receipt of the affidavit by the county elections official if
received on or before the 15th day prior to an election to be held
in the registrant’s precinct. A properly executed registration shall
also be deemed effective upon receipt of the affidavit by the county
elections official if any of the following apply:

(1) The affidavit is postmarked on or before the 15th day prior
to the election and received by mail by the county elections official.

(2) The affidavit is submitted to the Department of Motor
Vehicles or accepted by any other public agency designated as a
voter registration agency pursuant to the federal National Voter
Registration Act of 1993 (52 U.S.C. 20501 et seq.) on or before
the 15th day prior to the election.

(3) The affidavit is delivered to the county elections official by
means other than those described in paragraph (1) and (2) on or
before the 15th day prior to the election.

(4) The affidavit is submitted electronically on the Internet Web
site of the Secretary of State pursuant to Section 2196 on or before
the 15th day prior to the election.

(b) For purposes of verifying a signature on a recall, initiative,
or referendum petition or a signature on a nomination paper or any
other election petition or election paper, a properly executed
affidavit of registration shall be deemed effective for verification
purposes if both of the following conditions are satisfied:

(1) The affidavit is signed on the same date or a date prior to
the signing of the petition or paper.

(2) The affidavit is received by the county elections official on
or before the date on which the petition or paper is filed.

(c) Notwithstanding any other law to the contrary, the affidavit
of registration required under this chapter shall not be taken under
sworn oath, but the content of the affidavit shall be certified as to
its truthfulness and correctness, under penalty of perjury, by the
signature of the affiant.

(d) A person who is at least 16 years of age and otherwise meets
all eligibility requirements to vote may submit his or her affidavit
of registration as prescribed by this section. A properly executed
registration made pursuant to this subdivision shall be deemed
effective as of the date the affiant will be 18 years of age, if the
information in the affidavit of registration is still current at that
time. If the information provided by the affiant in the affidavit of
registration is not current at the time that the registration would
otherwise become effective, for his or her registration to become
effective, the affiant shall provide the current information to the
proper county elections official as prescribed by this chapter.

SEC. 2.5.  

Section 2102 of the Elections Code, as amended by
Section 6.5 of Chapter 909 of the Statutes of 2014, is amended to
read:

2102.  

(a) Except as provided in Chapter 4.5, a person shall
not be registered as a voter except by affidavit of registration. The
affidavit of registration shall be mailed or delivered to the county
elections official and shall set forth all of the facts required to be
shown by this chapter. A properly executed affidavit of registration
shall be deemed effective upon receipt of the affidavit by the county
elections official if received on or before the 15th day before an
election to be held in the registrant’s precinct. A properly executed
affidavit of registration shall also be deemed effective upon receipt
of the affidavit by the county elections official if any of the
following apply:

(1) The affidavit is postmarked on or before the 15th day before
the election and received by mail by the county elections official.

(2) The affidavit is submitted to the Department of Motor
Vehicles or accepted by any other public agency designated as a
voter registration agency pursuant to the federal National Voter
Registration Act of 1993 (52 U.S.C. Sec. 20501 et seq.) on or
before the 15th day before the election.

(3) The affidavit is delivered to the county elections official by
means other than those described in paragraphs (1) and (2) on or
before the 15th day before the election.

(4) The affidavit is submitted electronically on the Internet Web
site of the Secretary of State pursuant to Section 2196 on or before
the 15th day before the election.

(b) For purposes of verifying a signature on a recall, initiative,
or referendum petition or a signature on a nomination paper or any
other election petition or election paper, a properly executed
affidavit of registration shall be deemed effective for verification
purposes if both of the following conditions are satisfied:

(1) The affidavit is signed on the same date or a date before the
signing of the petition or paper.

(2) The affidavit is received by the county elections official on
or before the date on which the petition or paper is filed.

(c) Notwithstanding any other law to the contrary, the affidavit
of registration required under this chapter shall not be taken under
sworn oath, but the content of the affidavit shall be certified as to
its truthfulness and correctness, under penalty of perjury, by the
signature of the affiant.

(d) A person who is at least 16 years of age and otherwise meets
all eligibility requirements to vote may submit his or her affidavit
of registration as prescribed by this section. A properly executed
affidavit of registration made pursuant to this subdivision shall be
deemed effective as of the date the affiant will be 18 years of age,
if the information in the affidavit of registration is still current at
that time. If the information provided by the affiant in the affidavit
of registration is not current at the time that the affidavit of
registration would otherwise become effective, for his or her
registration to become effective, the affiant shall provide the current
information to the proper county elections official as prescribed
by this chapter.

(e) An individual with a disability who is otherwise qualified
to vote may complete an affidavit of registration with reasonable
accommodations as needed.

(f) An individual with a disability who is under a conservatorship
may be registered to vote if he or she has not been disqualified
from voting.

SEC. 3.  

Chapter 4.5 (commencing with Section 2260) is added
to Division 2 of the Elections Code, to read:

 

Chapter  4.5. California New Motor Voter Program

 

2260.  

This chapter shall be known and may be cited as the
California New Motor Voter Program.

2261.  

The Legislature finds and declares all of the following:

(a) Voter registration is one of the biggest barriers to
participation in our democracy.

(b) In 1993, Congress enacted the federal National Voter
Registration Act of 1993 (52 U.S.C. Sec. 20501 et seq.), commonly
known as the “Motor Voter Law,” with findings recognizing that
the right of citizens to vote is a fundamental right; it is the duty of
federal, state, and local governments to promote the exercise of
the right to vote; and the primary purpose of the act is to increase
the number of eligible citizens who register to vote.

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(c) In 2014, with nearly 7 million Californians eligible to vote
but not registered, California ranked 38th among the 50 states in
voter registration.

(d) In the 2014 elections, voter turnout nationwide was the
lowest since World War II, with California ranking 43rd in voter
participation.

(e) Voting laws and practices have evolved over time with the
goal of increasing voter participation, as illustrated by the history
of vote by mail. While going to the polls on election day was once
the only option for voting, vote by mail voting initially provided
an alternate means of voting for voters with an excuse for being
absent on election day, then it became an option available to any
voter, and eventually the law allowed for permanent vote by mail
voters who are automatically sent a vote by mail ballot for every
election.

(f) Similarly, the federal Motor Voter Law was enacted more
than 20 years ago based on a paper voter registration process, but
may now use modern electronic data technologies to make voter
registration easier, more convenient, and more efficient, while also
preserving citizens’ choice to decline to be registered or cancel
their registration at any time.

(g)

end delete

begin insert (c) end insert  It is the intent of the Legislature to enact the California New
Motor Voter Program to provide California citizens additional
opportunities to participate in democracy through exercise of their
fundamental right to vote.

2262.  

(a) The Secretary of State and the Department of Motor
Vehicles shall establish the California New Motor Voter Program
for the purpose of increasing opportunities for voter registration
by any person who is qualified to be a voter under Section 2 of
Article II of the California Constitution.

(b) This chapter shall not be construed as requiring the
Department of Motor Vehicles to determine eligibility for voter
registration and voting. begin insert The Secretary of State is solely responsible
for determining eligibility for voter registration and voting. end insert

2263.  

(a) The begin delete Secretary of State, end delete begin insert Department of Motor
Vehicles, end insert in consultation with the begin delete Department of Motor Vehicles, end delete
begin insert Secretary of State, end insert shall establish a schedule begin insert and method end insert for the
department to electronically provide to the Secretary of State the
records specified in this begin delete chapter. end delete begin insert section. end insert

(b) (1)  begin delete The Department of Motor Vehicles shall electronically
provide to the Secretary of State records containing all of the
following information associated with each person who, on or after
January 1, 2015, received an original or renewal driver’s license
or state identification card, or provided the department with a
change of address: end delete begin insert The department shall provide to the Secretary
of State, in a manner and method to be determined by the
department in consultation with the Secretary of State, the
following information associated with each person who submits
an application for a driver’s license or identification card pursuant
to Section 12800, 12815, or 13000 of the Vehicle Code, or who
notifies the department of a change of address pursuant to Section
14600 of the Vehicle Code: end insert

(A) Name.

(B)  begin delete Age. end delete begin insert Date of birth. end insert

(C)  begin insert Either or both of the following, as contained in the
department’s records: end insert

begin insert (i) end insert begin insert   end insert Residence address.

begin insert

(ii) Mailing address.

end insert

(D)  begin delete Electronic signature. end delete begin insert Digitized signature, as described in
Section 12950.5 of the Vehicle Code. end insert

(E)  begin delete The document code or equivalent identifier associated with
the document the person provided to prove that his or her presence
in the United States is authorized under federal law and that the
applicant is a citizen of the United States. end delete begin insert Telephone number, if
available. end insert

begin insert

(F) Email address, if available.

end insert begin insert

(G) Language preference.

end insert begin insert

(H) Political party preference.

end insert begin insert

(I) Whether the person chooses to become a permanent vote by
mail voter.

end insert begin delete

(F)

end delete

begin insert (J) end insert  Whether the person affirmatively declined to become
registered to vote during a transaction with the department.

begin delete

(G)

end delete

begin insert (K) end insert   begin delete An attestation by the person that he or she meets all voter
eligibility requirements. end delete begin insert A notation that the applicant has attested
that he or she meets all voter eligibility requirements, including
United States citizenship, specified in Section 2101. end insert

begin delete

(H)

end delete

begin insert (L) end insert  Other information specified in regulations implementing
this chapter.

(2)  begin delete Notwithstanding Section 2264, the end delete begin insert (A) end insert begin insert   end insert begin insert The end insert department may
provide the records described in paragraph (1) to the Secretary of
State before the Secretary of State certifies begin delete that the state has a
statewide voter registration database that complies with the
requirements of the federal Help America Vote Act of 2002 (52
U.S.C. Sec. 20901 et seq.). end delete begin insert that all of the conditions set forth in
subdivision (e) of this section have been satisfied. end insert Records provided
pursuant to this paragraph shall only be used for the purposes of
outreach and education to eligible voters conducted by the
Secretary of State.

begin insert

(B) The Secretary shall provide materials created for purposes
of outreach and education as described in this paragraph in
languages other than English, as required by the federal Voting
Rights Act of 1965 (52 U.S.C. Sec. 10503).

end insert begin insert

(c) The Secretary of State shall not sell, transfer or allow any
third party access to the information acquired from the Department
of Motor Vehicles pursuant to this chapter without approval of
the department, except as permitted by this chapter and Section
2194.

end insert begin delete

(c)

end delete

begin insert (d) end insert  The department shall not electronically provide records of
a person who applies for or is issued a driver’s license pursuant to
Section 12801.9 of the Vehicle Code because he or she is unable
to submit satisfactory proof that his or her presence in the United
States is authorized under federal law.

begin insert

(e) The Department of Motor Vehicles shall commence
implementation of this section no later than one year after the
Secretary of State certifies all of the following:

end insert begin insert

(1) The State has a statewide voter registration database that
complies with the requirements of the federal Help America Vote
Act of 2002 (52 U.S.C. Section 20901 et seq.).

end insert begin insert

(2) The Legislature has appropriated the funds necessary for
the Secretary of State and the Department of Motor Vehicles to
implement and maintain the California New Motor Voter Program.

end insert begin insert

(3) The regulations required by Section 2270 have been adopted.

end insert begin insert

(f) The Department of Motor Vehicles shall not electronically
provide records pursuant to this section that contain a home
address designated as confidential pursuant to Section 1808.2,
1808.4, or 1808.6 of the Vehicle Code.

end insert

begin delete

2264.  

The Department of Motor Vehicles shall not
electronically provide records pursuant to this chapter, and the
schedule established pursuant to Section 2263 shall not provide
for the Department of Motor Vehicles to electronically provide
records, until January 1 of the year after the Secretary of State
certifies that the state has a statewide voter registration database
that complies with the requirements of the federal Help America
Vote Act of 2002 (52 U.S.C. Sec. 20901 et seq.).

end delete

begin insert

begin insert 2264. end insert   

end insert

begin insert (a) end insert begin insert   end insert begin insert The willful, unauthorized disclosure of information
obtained from the Department of Motor Vehicles pursuant to
Section 2263 to any person, or the use of any false representation
to obtain any of that information or the use of any of that
information for a purpose other than as stated in Section 2263, is
a misdemeanor punishable by a fine not exceeding five thousand
dollars ($5,000) or imprisonment in the county jail not exceeding
one year, or both fine and imprisonment. end insert

begin insert

(b) The Secretary of State shall establish procedures to protect
the confidentiality of the information acquired from the Department
of Motor Vehicles pursuant to Section 2263. The disclosure of this
information shall be governed by the Information Practices Act
of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8
of Part 4 of Division 3 of the Civil Code), and the Secretary of
State shall account for any disclosures, including those due to
security breaches, in accordance with that act.

end insert

begin delete

2265.  

(a) Except as provided in subdivision (b), the Secretary
of State shall notify each person who is eligible to vote and whose
records are sent to the Secretary of State of all of the following:

(1) That he or she will be registered to vote unless he or she
declines to be registered within 21 days after the date that the
Secretary of State issues the notification.

(2) The method by which he or she may decline to be registered
to vote.

(3) The method by which he or she may include his or her
political party preference on his or her voter registration.

(4) The method by which he or she may apply for permanent
vote by mail status.

(5) The method by which he or she may provide a telephone
number, email address, or other contact information.

(6) Voter eligibility requirements.

(7) Other information specified in regulations adopted pursuant
to Section 2269.

(b) The Secretary of State shall not provide notification pursuant
to subdivision (a) to a person who already registered to vote or
who affirmatively declined to register to vote during a transaction
with the department.

(c)

end delete

begin insert

begin insert 2265. end insert   

end insert

begin insert (a) end insert   begin delete If a person notified under subdivision (a) does not
decline to be registered to vote within 21 days after the date that
the Secretary of State issues the notification, the person’s end delete begin insert The end insert
records begin insert of a person designated in paragraph (1) of subdivision (b)
of Section 2263 end insert shall constitute a completed affidavit of registration
and the begin delete person end delete begin insert Secretary of State end insert shall begin delete be registered end delete begin insert register the
person end insert to begin delete vote. end delete begin insert vote, unless any of the following conditions is
satisfied: end insert

begin delete

(d)

end delete begin delete

 
The Secretary of State shall provide the notification required
by subdivision (a) in languages other than English, as required by
the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10503).

end delete begin delete

(e)

end delete begin insert

(1) The person’s records, as described in Section 2263, reflect
that he or she affirmatively declined to become registered to vote
during a transaction with the Department of Motor Vehicles.

end insert begin insert

(2) The person’s records, as described in Section 2263, do not
reflect that he or she has attested to meeting all voter eligibility
requirements specified in Section 2101.

end insert begin insert

(3) The Secretary of State determines that the person is ineligible
to vote.

end insert

begin insert (b) end insert   begin insert (1) end insert begin insert   end insert If a person who is registered to vote pursuant to this
chapter does not provide a party preference, his or her party
preference shall be designated as begin delete “Unknown.” end delete begin insert “Unknown” and
he or she shall be treated as a “No Party Preference” voter. end insert

begin insert

(2) A person whose party preference is designated as
“Unknown” pursuant to this subdivision shall not be counted for
purposes of determining the total number of voters registered on
the specified day preceding an election, as required by subdivision
(b) of Section 5100 and subdivision (c) of Section 5151.

end insert

2266.  

A person registered to vote under this chapter may cancel
his or her voter registration at any time by any method available
to any other registered voter.

2267.  

This chapter does not affect the confidentiality of a
person’s voter registration information, which remains confidential
pursuant to Section 2194 of this code and Section 6254.4 of the
Government Code and for all of the following persons:

(a) A victim of domestic violence, sexual assault, or stalking
pursuant to Section 2166.5.

(b) A reproductive health care service provider, employee,
volunteer, or patient pursuant to Section 2166.5.

(c) A public safety officer pursuant to Section 2166.7.

(d) A person with a life-threatening circumstance upon court
order pursuant to Section 2166.

2268.  

If a person who is ineligible to vote becomes registered
to vote pursuant to this chapter in the absence of a violation by
that person of Section 18100, that person’s registration shall be
presumed to have been effected with official authorization and not
the fault of that person.

begin insert

begin insert 2269. end insert   

If a person who is ineligible to vote becomes registered
to vote pursuant to this chapter and votes or attempts to vote in
an election held after the effective date of the person’s registration,
that person shall be presumed to have acted with official
authorization and shall not be guilty of fraudulently voting or
attempting to vote pursuant to Section 18560, unless that person
willfully votes or attempts to vote knowing that he or she is not
entitled to vote.

end insert

begin delete 2269. end delete
begin insert 2270. end insert   

The Secretary of State shall adopt regulations to
implement this chapter, including regulations addressing begin delete all end delete begin insert both end insert
of the following:

begin delete

(a) The form, content, and language options for the notice
described in Section 2265.

end delete begin delete

(b)

end delete

begin insert (a) end insert  A process for canceling the registration of a person who is
ineligible to vote, but became registered under the California New
Motor Voter Program in the absence of any violation by that person
of Section 18100.

begin delete

(c)

end delete

begin insert (b) end insert  An education and outreach campaign begin delete emphasizing voter
eligibility requirements end delete begin insert informing voters about the California New
Motor Voter Program end insert that the Secretary of State will conduct to
implement this chapter. The Secretary may use any public and
private funds available for this begin delete purpose. end delete begin insert and shall provide materials
created for this outreach and education campaign in languages
other than English, as required by the federal Voting Rights Act
of 1965 (52 U.S.C. Sec. 10503). end insert

SEC. 4.  

Section 2.5 of this bill incorporates amendments to
Section 2102 of the Elections Code, as amended by Section 6.5 of
Chapter 909 of the Statutes of 2014, proposed by both this bill and
Senate Bill 589. It shall only become operative if (1) both bills are
enacted and become effective on or before January 1, 2016, (2)
each bill amends Section 2102 of the Elections Code, as amended
by Section 6.5 of Chapter 909 of the Statutes of 2014, and (3) this
bill is enacted after Senate Bill 589, in which case Section 2 of
this bill shall not become operative.

begin insert

begin insert SEC. 5. end insert   

end insert begin insert

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.

end insert