Amended in Assembly April 4, 2016

Amended in Assembly March 18, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 2602

Introduced by Assembly Member Gatto

February 19, 2016

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

LEGISLATIVE COUNSEL’S DIGEST

AB 2602, as amended, Gatto. Disabled parking placards.

Existing law authorizes a disabled person begin insert or disabled veteran end insert to apply to the Department of Motor Vehicles (DMV) for the issuance of a distinguishing license plate or placard that entitles the person begin insert or veteran end insert to begin delete park end delete begin insert various privileges, including parking in spaces designated for owners of those license plates and placards, parking end insert for unlimited periods in a restricted zone, as specified, and begin delete to park end delete begin insert parking end insert in metered spaces without paying parking meter fees. begin delete Existing law requires the distinguishing placard to be returned to the DMV not later than 60 days after the death of the person to whom the placard was issued. Existing law prohibits the DMV from issuing a distinguishing placard unless a certificate substantiating the person’s disability is signed by a physician, nurse practitioner, certified nurse midwife, or physician assistant, unless the person’s disability is readily observable and uncontested. end delete

begin delete

This bill would authorize a local authority to require a disabled person or disabled veteran to pay parking meter fees and to prohibit a disabled person or disabled veteran from parking for a period that exceeds the length of time permitted for that parking zone, pursuant to an ordinance or resolution adopted by the local authority at an open meeting, if specified conditions are satisfied. The bill would also require the DMV, if it becomes aware that a person to whom a disabled person parking placard was issued is deceased, to notify the informant identified on the certificate of death of his or her legal responsibility to return the placard and to provide instructions on how to do so. The bill would require, as a prerequisite for the issuance or renewal of a distinguishing placard, that the certificate substantiating the person’s disability be signed under penalty of perjury.

end delete begin delete

By expanding the crime of perjury, this bill would impose a state-mandated local program.

end delete begin insert

This bill would delete the authority of a disabled person or disabled veteran who has been issued a placard as described above to park for an unlimited period in restricted zones and to park in metered spaces without parking meter fees. The bill would also authorize specified disabled persons and disabled veterans to apply for a free-parking sticker, which, when properly affixed to the distinguishing placard, additionally would authorize the owner to park in any metered parking space, as defined, without being required to pay fees and for an unlimited period of time.

end insert begin insert

Under existing law, a person to whom a disabled person placard has been issued is prohibited from various acts, including lending the placard to another person and knowingly permitting use for parking purposes of the placard by one not entitled to it. Existing law also prohibits a person from displaying a placard that was not issued to him or her or that has been canceled or revoked. These acts are subject to the issuance of a notice of parking violation imposing a civil penalty, as prescribed, and constitute a misdemeanor punishable by a specified fine, imprisonment in the county jail, or both the fine and imprisonment.

end insert begin insert

This bill would extend the above penalty provisions to acts involving misuse of a free-parking sticker. By creating new crimes, the bill would impose a state-mandated local program.

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:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 4461 of the end insert begin insert Vehicle Code end insert begin insert is amended to
read: end insert

4461.  

(a) A person shall not lend a certificate of ownership,
registration card, license plate, special plate, validation tab, or
permit issued to him or her if the person desiring to borrow it would
not be entitled to its use, and a person shall not knowingly permit
its use by one not entitled to it.

(b) A person to whom a disabled person placard begin insert or sticker end insert has
been issued shall not lend the placard begin insert or sticker end insert to another person,
and a disabled person shall not knowingly permit the use for
parking purposes of the begin delete placard end delete begin insert placard, sticker, end insert or identification
license plate issued pursuant to Section 5007 by one not entitled
to it. A person to whom a disabled person placard begin insert or sticker end insert has
been issued may permit another person to use the placard only
while in the presence or reasonable proximity of the disabled
person for the purpose of transporting the disabled person. A
violation of this subdivision is subject to the issuance of a notice
of parking violation imposing a civil penalty of not less than two
hundred fifty dollars ($250) and not more than one thousand dollars
($1,000), for which enforcement shall be governed by the
procedures set forth in Article 3 (commencing with Section 40200)
of Chapter 1 of Division 17 or is a misdemeanor punishable by a
fine of not less than two hundred fifty dollars ($250) and not more
than one thousand dollars ($1,000), imprisonment in the county
jail for not more than six months, or both that fine and
imprisonment.

(c) Except for the purpose of transporting a disabled person as
specified in subdivision (b), a person shall not display a disabled
person placard begin insert or sticker end insert that was not issued to him or her or that
has been canceled or revoked pursuant to Section 22511.6. A
violation of this subdivision is subject to the issuance of a notice
of parking violation imposing a civil penalty of not less than two
hundred fifty dollars ($250) and not more than one thousand dollars
($1,000), for which enforcement shall be governed by the
procedures set forth in Article 3 (commencing with Section 40200)
of Chapter 1 of Division 17 or is a misdemeanor punishable by a
fine of not less than two hundred fifty dollars ($250) and not more
than one thousand dollars ($1,000), imprisonment in the county
jail for not more than six months, or both that fine and
imprisonment.

(d) Notwithstanding subdivisions (a), (b), and (c), a person using
a vehicle displaying a special identification license plate issued to
another pursuant to Section 5007 shall not park in those parking
stalls or spaces designated for disabled persons pursuant to Section
22511.7 or 22511.8, unless transporting a disabled person. A
violation of this subdivision is subject to the issuance of a notice
of parking violation imposing a civil penalty of not less than two
hundred fifty dollars ($250) and not more than one thousand dollars
($1,000), for which enforcement shall be governed by the
procedures set forth in Article 3 (commencing with Section 40200)
of Chapter 1 of Division 17 or is a misdemeanor punishable by a
fine of not less than two hundred fifty dollars ($250) and not more
than one thousand dollars ($1,000), imprisonment in the county
jail for not more than six months, or both that fine and
imprisonment.

(e) For the purposes of subdivisions (b) and (c), “disabled person
placard” means a placard issued pursuant to Section 22511.55 or

begin delete 22511.59. end delete begin insert 22511.59, and “sticker” means a free- end insert begin insert parking end insert begin insert sticker
issued pursuant to Section 22511.551. end insert

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 22511.5 of the end insert begin insert Vehicle Code end insert begin insert is repealed. end insert

begin delete

22511.5.  

(a) (1) A disabled person or disabled veteran
displaying special license plates issued under Section 5007 or a
distinguishing placard issued under Section 22511.55 or 22511.59
is allowed to park for unlimited periods in any of the following
zones:

(A) In any restricted zone described in paragraph (5) of
subdivision (a) of Section 21458 or on streets upon which
preferential parking privileges and height limits have been given
pursuant to Section 22507.

(B) In any parking zone that is restricted as to the length of time
parking is permitted as indicated by a sign erected pursuant to a
local ordinance.

(2) A disabled person or disabled veteran is allowed to park in
any metered parking space without being required to pay parking
meter fees.

(3) This subdivision does not apply to a zone for which state
law or ordinance absolutely prohibits stopping, parking, or standing
of all vehicles, or which the law or ordinance reserves for special
types of vehicles, or to the parking of a vehicle that is involved in
the operation of a street vending business.

(b) A disabled person or disabled veteran is allowed to park a
motor vehicle displaying a special disabled person license plate
or placard issued by a foreign jurisdiction with the same parking
privileges authorized in this code for any motor vehicle displaying
a special license plate or a distinguishing placard issued by the
Department of Motor Vehicles.

end delete

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 22511.5 is added to the end insert begin insert Vehicle Code end insert begin insert , to read: end insert

begin insert

begin insert 22511.5. end insert   

(a) (1) A disabled person or disabled veteran
displaying special license plates issued under Section 5007 or a
distinguishing placard issued under Section 22511.55 or 22511.59
is allowed to park in any restricted zone described in paragraph
(5) of subdivision (a) of Section 21458 or on streets upon which
preferential parking privileges and height limits have been given
pursuant to Section 22507.

(2) This subdivision does not apply to a zone for which state
law or ordinance absolutely prohibits stopping, parking, or
standing of all vehicles, or which the law or ordinance reserves
for special types of vehicles, or to the parking of a vehicle that is
involved in the operation of a street vending business.

(b) A disabled person or disabled veteran is allowed to park a
motor vehicle displaying a special disabled person license plate
or placard issued by a foreign jurisdiction with the same parking
privileges authorized in this code for any motor vehicle displaying
a special license plate or a distinguishing placard issued by the
Department of Motor Vehicles.

end insert

begin insert

begin insert SEC. 4. end insert   

end insert

begin insert Section 22511.55 of the end insert begin insert Vehicle Code end insert begin insert is amended to
read: end insert

22511.55.  

(a) (1) A disabled person or disabled veteran may
apply to the department for the issuance of a distinguishing placard.
The placard may be used in lieu of the special license plate or
plates issued under Section 5007 for parking purposes described
in Section 22511.5 when (A) suspended from the rearview mirror,
(B) if there is no rearview mirror, when displayed on the dashboard
of a vehicle, or (C) inserted in a clip designated for a distinguishing
placard and installed by the manufacturer on the driver’s side of
the front window. It is the intent of the Legislature to encourage
the use of distinguishing placards because they provide law
enforcement officers with a more readily recognizable symbol for
distinguishing vehicles qualified for the parking privilege. The
placard shall be the size, shape, and color determined by the
department and shall bear the International Symbol of Access
adopted pursuant to Section 3 of Public Law 100-641, commonly
known as the “wheelchair symbol.” The department shall
incorporate instructions for the lawful use of a placard, begin insert instructions
for affixing a free-parking sticker issued pursuant to Section
22511.551, end insert and a summary of the penalties for the unlawful use
of a placard, into the identification card issued to the placard owner.

(2) (A) The department may establish procedures for the
issuance and renewal of the placards. The procedures shall include,
but are not limited to, advising an applicant in writing on the
application for a placard of the procedure to apply for a special
license plate or plates, as described in Section 5007, and the fee
exemptions established pursuant to Section 9105 and in subdivision
(a) of Section 10783 of the Revenue and Taxation Code. The
placards shall have a fixed expiration date of June 30 every two
years. A portion of the placard shall be printed in a contrasting
color that shall be changed every two years. The size and color of
this contrasting portion of the placard shall be large and distinctive
enough to be readily identifiable by a law enforcement officer in
a passing vehicle.

(B) As used in this section, “year” means the period between
the inclusive dates of July 1 through June 30.

(C) Prior to the end of each year, the department shall, for the
most current three years available, compare its record of disability
placards issued against the records of the Office of Vital Records
of the State Department of Public Health, or its successor, and
withhold any renewal notices that otherwise would have been sent
for a placardholder identified as deceased.

(3) Except as provided in paragraph (4), a person shall not be
eligible for more than one placard at a time.

(4) Organizations and agencies involved in the transportation
of disabled persons or disabled veterans may apply for a placard
for each vehicle used for the purpose of transporting disabled
persons or disabled veterans.

(b) (1) Except as provided in paragraph (4), prior to issuing an
original distinguishing placard to a disabled person or disabled
veteran, the department shall require the submission of a certificate,
in accordance with paragraph (2), signed by the physician and
surgeon, or to the extent that it does not cause a reduction in the
receipt of federal aid highway funds, by a nurse practitioner,
certified nurse midwife, or physician assistant, substantiating the
disability, unless the applicant’s disability is readily observable
and uncontested. The disability of a person who has lost, or has
lost use of, one or more lower extremities or one hand, for a
disabled veteran, or both hands, for a disabled person, or who has
significant limitation in the use of lower extremities, may also be
certified by a licensed chiropractor. The blindness of an applicant
shall be certified by a licensed physician and surgeon who
specializes in diseases of the eye or a licensed optometrist. The
physician and surgeon, nurse practitioner, certified nurse midwife,
physician assistant, chiropractor, or optometrist certifying the
qualifying disability shall provide a full description of the illness
or disability on the form submitted to the department.

(2) The physician and surgeon, nurse practitioner, certified nurse
midwife, physician assistant, chiropractor, or optometrist who
signs a certificate submitted under this subdivision shall retain
information sufficient to substantiate that certificate and, upon
request of the department, shall make that information available
for inspection by the Medical Board of California or the appropriate
regulatory board.

(3) The department shall maintain in its records all information
on an applicant’s certification of permanent disability and shall
make that information available to eligible law enforcement or
parking control agencies upon a request pursuant to Section
22511.58.

(4) For a disabled veteran, the department shall accept, in lieu
of the certificate described in paragraph (1), a certificate from the
United States Department of Veterans Affairs that certifies that
the applicant is a disabled veteran as described in Section 295.7.

(c) A person who is issued a distinguishing placard pursuant to
subdivision (a) may apply to the department for a substitute placard
without recertification of eligibility, if that placard is lost or stolen.

(d) The distinguishing placard shall be returned to the
department not later than 60 days after the death of the disabled
person or disabled veteran to whom the placard was issued.

(e) The department shall print on any distinguishing placard
issued on or after January 1, 2005, the maximum penalty that may
be imposed for a violation of Section 4461. For purposes of this
subdivision, the “maximum penalty” is the amount derived from
adding all of the following:

(1) The maximum fine that may be imposed under Section 4461.

(2) The penalty required to be imposed under Section 70372 of
the Government Code.

(3) The penalty required to be levied under Section 76000 of
the Government Code.

(4) The penalty required to be levied under Section 1464 of the
Penal Code.

(5) The surcharge required to be levied under Section 1465.7
of the Penal Code.

(6) The penalty authorized to be imposed under Section 4461.3.

begin insert

begin insert SEC. 5. end insert   

end insert

begin insert Section 22511.551 is added to the end insert begin insert Vehicle Code end insert begin insert , to
read: end insert

begin insert

begin insert 22511.551. end insert   

(a) (1) Notwithstanding any other law, a disabled
person or disabled veteran who has been issued a distinguishing
placard under Section 22511.55 or 22511.59 and who meets the
criteria specified in subdivision (b) may apply, pursuant to this
section, for a free-parking sticker, which shall be yellow in color
and shall be affixed to a placard issued pursuant to Section
22511.55 or 22511.59.

(2) The owner of a sticker that is properly affixed to a placard
may park in any metered parking space without being required to
pay parking fees and for an unlimited period of time. For purposes
of this section, “metered parking space” includes a parking space
regulated by a parking meter designated for an individual parking
space and a parking payment center designated for one or more
parking spaces.

(3) The department may establish procedures for the issuance
and renewal of the stickers. The procedures shall include, but are
not limited to, advising an applicant in writing on the application
for a sticker of the procedure to apply for a special license plate
or plates, as described in Section 5007. The stickers shall have a
fixed expiration date of June 30 every four years.

(b) An applicant for a free-parking sticker under this section
shall provide certification pursuant to subdivision (c) that the
applicant is unable to perform one or more of the following
activities:

(1) Manage, manipulate, or insert coins, or obtain tickets or
tokens at parking meters or parking payment centers, due to the
lack of fine motor control of both hands.

(2) Reach above his or her head to a height of 42 inches from
the ground due to a lack of finger, hand, or upper extremity
strength or mobility.

(3) Approach a parking meter due to his or her use of a
wheelchair or other device.

(4) Walk more than 20 feet due to an orthopedic, neurological,
cardiovascular, or lung condition in which the degree of
debilitation is so severe that it almost completely impedes the
ability to walk.

(c) (1) Prior to issuing an original sticker to a disabled person
or disabled veteran, the department shall require the submission
of a certificate, in accordance with paragraph (2), signed by the
physician and surgeon, or to the extent that it does not cause a
reduction in the receipt of federal aid highway funds, by a nurse
practitioner, certified nurse midwife, or physician assistant,
substantiating the disability, unless the applicant’s disability is
readily observable and uncontested. The physician and surgeon,
nurse practitioner, certified nurse midwife, physician assistant,
chiropractor, or optometrist certifying the qualifying disability
shall provide a full description of the qualifying condition on the
form submitted to the department.

(2) The physician and surgeon, nurse practitioner, certified
nurse midwife, physician assistant, chiropractor, or optometrist
who signs a certificate submitted under this subdivision shall retain
information sufficient to substantiate that certificate and, upon
request of the department, shall make that information available
for inspection by the Medical Board of California or the
appropriate regulatory board.

(3) A person who is issued a sticker pursuant to subdivision (a)
may apply to the department for a substitute sticker without
recertification of eligibility, if that sticker is lost or stolen.

(d) The department may establish a fee for issuance of a sticker
pursuant to this section, which shall not exceed the reasonable
costs of implementing the sticker program.

(e) Notwithstanding any other law, the maximum fine that may
be imposed under Section 4461 constitutes the maximum penalty
that may be imposed for a violation of Section 4461 based on the
misuse of a sticker issued under this section.

end insert

begin delete

  

SECTION 1.  

Section 22511.5 of the Vehicle Code is amended
to read:

22511.5.  

(a) (1) A disabled person or disabled veteran
displaying a special license plate issued under Section 5007 or a
distinguishing placard issued under Section 22511.55 or 22511.59
may park for unlimited periods in any of the following zones:

(A) In any restricted zone described in paragraph (5) of
subdivision (a) of Section 21458 or on streets upon which
preferential parking privileges and height limits have been given
pursuant to Section 22507.

(B) In any parking zone that is restricted as to the length of time
parking is permitted as indicated by a sign erected pursuant to a
local ordinance.

(2) A disabled person or disabled veteran may park in any
metered parking space without being required to pay parking meter
fees.

(3) This subdivision does not apply to a zone for which state
law or ordinance absolutely prohibits stopping, parking, or standing
of all vehicles, or that the law or ordinance reserves for special
types of vehicles, or to the parking of a vehicle that is involved in
the operation of a street vending business.

(b) Notwithstanding subdivision (a), a local authority may
require a disabled person or disabled veteran to pay parking meter
fees, and may prohibit a disabled person or disabled veteran from
parking for a period that exceeds the length of time permitted for
that parking zone, pursuant to an ordinance or resolution adopted
by the local authority at an open meeting, if all of the following
requirements are satisfied:

(1) The local authority performs a self-assessment of its
compliance with the federal Americans with Disabilities Act of
1990 (42 U.S.C. Sec. 12101 et seq.) with regard to its provision
of parking spaces that are accessible to disabled persons.

(2) The assessment is made publicly available on an Internet
Web site at least 30 days prior to the meeting to discuss the
proposed ordinance or resolution.

(3) The public is provided with an opportunity to comment on
the assessment and proposed ordinance or resolution at the meeting.

(4) The local authority posts signs indicating that a person
displaying a special license plate or placard is required to pay
parking meter fees and is prohibited from parking for a period that
exceeds the permitted length of time.

(5) The local authority makes all reasonable accommodations,
including the provision of free parking for individuals who, by
virtue of their disability, are unable to insert payment into a parking
meter.

(c) A disabled person or disabled veteran may park a motor
vehicle displaying a special disabled person license plate or placard
issued by a foreign jurisdiction with the same parking privileges
authorized in this code for any motor vehicle displaying a special
license plate or a distinguishing placard issued by the Department
of Motor Vehicles.

SEC. 2.  

Section 22511.55 of the Vehicle Code is amended to
read:

22511.55.  

(a) (1) A disabled person or disabled veteran may
apply to the department for the issuance of a distinguishing placard.
The placard may be used in lieu of the special license plate or
plates issued under Section 5007 for parking purposes described
in Section 22511.5 when (A) suspended from the rearview mirror,
(B) if there is no rearview mirror, when displayed on the dashboard
of a vehicle, or (C) inserted in a clip designated for a distinguishing
placard and installed by the manufacturer on the driver’s side of
the front window. It is the intent of the Legislature to encourage
the use of distinguishing placards because they provide law
enforcement officers with a more readily recognizable symbol for
distinguishing vehicles qualified for the parking privilege. The
placard shall be the size, shape, and color determined by the
department and shall bear the International Symbol of Access
adopted pursuant to Section 3 of Public Law 100-641, commonly
known as the “wheelchair symbol.” The department shall
incorporate instructions for the lawful use of a placard, and a
summary of the penalties for the unlawful use of a placard, into
the identification card issued to the placard owner.

(2) (A) The department may establish procedures for the
issuance and renewal of the placards. The procedures shall include,
but are not limited to, advising an applicant in writing on the
application for a placard of the procedure to apply for a special
license plate or plates, as described in Section 5007, and the fee
exemptions established pursuant to Section 9105 and in subdivision
(a) of Section 10783 of the Revenue and Taxation Code. The
placards shall have a fixed expiration date of June 30 every two
years. A portion of the placard shall be printed in a contrasting
color that shall be changed every two years. The size and color of
this contrasting portion of the placard shall be large and distinctive
enough to be readily identifiable by a law enforcement officer in
a passing vehicle.

(B) As used in this section, “year” means the period between
the inclusive dates of July 1 through June 30.

(C) Prior to the end of each year, the department shall, for the
most current three years available, compare its record of disability
placards issued against the records of the Office of Vital Records
of the State Department of Public Health, or its successor, and
withhold any renewal notices that otherwise would have been sent
for a placardholder identified as deceased.

(3) Except as provided in paragraph (4), a person shall not be
eligible for more than one placard at a time.

(4) Organizations and agencies involved in the transportation
of disabled persons or disabled veterans may apply for a placard
for each vehicle used for the purpose of transporting disabled
persons or disabled veterans.

(b) (1) Except as provided in paragraph (4), prior to issuing or
renewing a distinguishing placard to a disabled person or disabled
veteran, the department shall require the submission of a certificate,
in accordance with paragraph (2), signed under penalty of perjury
by the physician and surgeon, or to the extent that it does not cause
a reduction in the receipt of federal aid highway funds, by a nurse
practitioner, certified nurse midwife, or physician assistant,
substantiating the disability, unless the applicant’s disability is
readily observable and uncontested. The disability of a person who
has lost, or has lost use of, one or more lower extremities or one
hand, for a disabled veteran, or both hands, for a disabled person,
or who has significant limitation in the use of lower extremities,
may also be certified by a licensed chiropractor. The blindness of
an applicant shall be certified by a licensed physician and surgeon
who specializes in diseases of the eye or a licensed optometrist.
The physician and surgeon, nurse practitioner, certified nurse
midwife, physician assistant, chiropractor, or optometrist certifying
the qualifying disability shall provide a full description of the
illness or disability on the form submitted to the department.

(2) The physician and surgeon, nurse practitioner, certified nurse
midwife, physician assistant, chiropractor, or optometrist who
signs a certificate submitted under this subdivision shall retain
information sufficient to substantiate that certificate and, upon
request of the department, shall make that information available
for inspection by the Medical Board of California or the appropriate
regulatory board.

(3) The department shall maintain in its records all information
on an applicant’s certification of permanent disability and shall
make that information available to eligible law enforcement or
parking control agencies upon a request pursuant to Section
22511.58.

(4) For a disabled veteran, the department shall accept, in lieu
of the certificate described in paragraph (1), a certificate from the
United States Department of Veterans Affairs that certifies that
the applicant is a disabled veteran as described in Section 295.7.

(c) A person who is issued a distinguishing placard pursuant to
subdivision (a) may apply to the department for a substitute placard
without recertification of eligibility, if that placard is lost or stolen.

(d) (1) The distinguishing placard shall be returned to the
department not later than 60 days after the death of the disabled
person or disabled veteran to whom the placard was issued.

(2) If the department becomes aware that the person to whom
the placard was issued is deceased, the department shall notify the
informant identified on the certificate of death of his or her legal
responsibility to return the placard to the department and provide
instructions on how to do so.

(e) The department shall print on any distinguishing placard
issued on or after January 1, 2005, the maximum penalty that may
be imposed for a violation of Section 4461. For purposes of this
subdivision, the “maximum penalty” is the amount derived from
adding all of the following:

(1) The maximum fine that may be imposed under Section 4461.

(2) The penalty required to be imposed under Section 70372 of
the Government Code.

(3) The penalty required to be levied under Section 76000 of
the Government Code.

(4) The penalty required to be levied under Section 1464 of the
Penal Code.

(5) The surcharge required to be levied under Section 1465.7
of the Penal Code.

(6) The penalty authorized to be imposed under Section 4461.3.

end delete

begin delete SEC. 3. end delete

begin insert SEC. 6. end 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.